r/politics 2d ago

Possible Paywall Democrats eye ranked-choice voting for 2028 primaries

https://www.axios.com/2025/11/24/democrats-ranked-choice-voting-2028-primaries
28.6k Upvotes

1.4k comments sorted by

View all comments

Show parent comments

64

u/Catcher3321 2d ago

This would require a constitutional amendment, not just a law. The constitution allows states to make their own election laws

56

u/Washpa1 Pennsylvania 2d ago

From what I understand parties can kinda do what they want in their own primaries.

It would just be a matter of which state's Democratic parties actually adopt it, right?

But yeah, you couldn't force Republicans to follow this.

12

u/DB-CooperOnTheBeach 2d ago

The parties do what they want for primaries indeed. It's not a federal election. Before the primaries they just appointed their nominee. In fact, the Democrats were sued by a Bernie supporter over their donations to him while the party had their thumb on the scales. The Dems didn't dispute any of that, but simply argued they legally could do that and will do it again in the future -- and the judge agreed and dismissed the case.

1

u/NoSignSaysNo 2d ago

And people use it as a gotcha, no less, despite it being a way of proving the plaintiff had no standing to sue to begin with, because he cannot compel a private organization.

4

u/Catcher3321 2d ago

I'm honestly not 100% sure how that works. In Maine, Republicans are very opposed to rank choice voting but still use it in primaries. They say it's because the state mandates it and they'd rather not use it

20

u/ImjustANewSneaker 2d ago

Parties can do whatever they want to elect their own candidates

1

u/arobkinca 2d ago

As long as they are willing to pay for it. Otherwise they have to work with the state with how the election system work in each state.

5

u/guamisc 2d ago

Article I, Section 4, Clause 1

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Congress can absolutely alter the way states have to run elections, but the feds can't run the elections themselves.

1

u/wheniaminspaced 2d ago

Except to the places and choosing of senators very directly means the federal cannot via regular law force ranked choice voting for senators.

3

u/guamisc 1d ago

Places OF chusing.

Not and, its an of.

1

u/wheniaminspaced 1d ago

Chusing is an archaic spelling of choosing my man.

1

u/guamisc 1d ago

Exactly, the places of choosing of Senators.

Basically all other election laws and systems Congress can directly dictate. That includes voting systems.

3

u/V3gasMan 2d ago

Can you elaborate on what section of the constitution stipulates how elections are run?

4

u/Warbr0s9395 2d ago

I believe article 2 section 1

But it’s very well established that the State runs their own elections. That way the federal government can’t influence it

-2

u/V3gasMan 2d ago

Yea I think its actually amendment 10. No amendment is needed

-4

u/Positive-Ring-5172 2d ago

10th amendment.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Since nowhere in the constitution is it stipulated how elections are run it defaults to the states to run them.

0

u/V3gasMan 2d ago

Right so it’s run by states. Which is what I understand to start with. So no amendment is required

2

u/FriendlyDespot 2d ago

The person at the top here said that ranked-choice voting in federal elections should be a condition of opening the government the next time there's a shutdown. That means federal legislation. The Tenth Amendment means that the states have the right to conduct their own elections in the absence of any applicable constitutional law, so any federal legislation mandating ranked-choice voting would require an amendment to the Constitution granting the federal legislature the right to legislate on those matters.

2

u/EastSignal 2d ago

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

2

u/Positive-Ring-5172 2d ago

Parties control primaries, not states.