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Just weeks after the D.C. Board of Elections determined that a proposed ballot initiative to bring ranked-choice voting and open primaries to the city’s elections was legally sufficient<b> </b>to move forward, the D.C. Democratic Party has filed a lawsuit that would keep it off the ballot, arguing that the measure violates the U.S. Constitution and Home Rule charter.

The lawsuit, filed Aug. 1 in D.C. Superior Court and first reported by DCist, says the city’s Elections Board erred last month <a href="https://www.washingtonpost.com/dc-md-va/2023/07/21/ranked-choice-dc-ballot-initiative/" target=_blank>when it determined that the proposed initiative was “proper subject matter,”</a> and asks the court to permanently block it from being implemented. While the measure’s organizers still have a long way to go before the “Make All Votes Count Act,” also known as Initiative 83, reaches next year’s ballot, it has already drawn a chorus of opposition, including from the city’s Republican Party.

As proposed, Initiative 83 starting in 2026 would allow more than 80,000 people registered as “unaffiliated” to vote in D.C.’s primary election, which is currently closed to them. It also would implement a ranked-choice balloting system in the city. Under the ranked-choice system, voters would be able to rank candidates for an office in order of preference; if no candidate emerges with at least 50 percent of the vote during ballot tabulation, the lowest-performing candidate is eliminated. Among voters who picked that candidate as their top choice, their votes would go to their No. 2 candidate, and so on, until one candidate eclipses 50 percent of the vote.

Supporters of the measure — who argued Tuesday that the Democratic Party’s lawsuit was filed prematurely and should be dismissed — say these two changes would make elections more accessible in the District: Opening up primaries would give unaffiliated residents in deep-blue D.C. a voice in the city’s crucial primary elections. As for ranked-choice voting, proponents say it would ensure elected candidates receive at least 50 percent of the vote, which isn’t always the case now.

D.C. ranked-choice voting ballot initiative clears first hurdle

In its lawsuit, however, the Democratic Party says opening the city’s primaries violates the city’s Home Rule charter, which instructs voters to elect the mayor, attorney general and members of the D.C. Council on a “partisan” basis. The Democratic Party also claims in its suit that opening the city’s primaries would violate voters’ rights to freely associate with a political party protected by the First and Fifth amendments.

“Allowing 80,000 non-affiliated voters to participate in partisan elections would undermine the intent of the Charter and dilute the votes of party members who seek to nominate party candidates to stand in subsequent general elections,” the suit reads.

The lawsuit repeats other claims against the ballot initiative that were <a href="https://www.washingtonpost.com/dc-md-va/2023/07/21/ranked-choice-dc-ballot-initiative/" target=_blank>dismissed</a> by the D.C. Elections Board when it allowed the measure to proceed, including an argument that it would cost money to implement (ballot initiatives, by law, cannot have fiscal impact). The Democratic Party further alleges that the measure runs afoul of the D.C. Human Rights Act by discriminating against residents in low-income areas of the city who might be confused by the new system (the initiative’s backers have said that claim is insulting to Black voters).

Charles Wilson, chair of the D.C. Democratic Party, has pointed to data showing residents in Wards 7 and 8 were already more likely to just pick one candidate in races where they are allowed to vote for two candidates, such as the at-large seats on the council: “Defendants’ discrimination, intentional or not, has caused and will cause ongoing harm to Plaintiffs and other residents, especially those in Wards East of the Anacostia River,” the suit reads.

Patrick Mara, the chairman of the D.C. Republican Committee, shared similar sentiments last month in a statement opposing the ballot measure.

“Adding rank-choice voting and open primaries now will bring significant confusion and embarrassment to the District of Columbia elections,” he wrote. “Until we have much cleaner voter rolls and strong, reliable voting systems, we should not experiment with voting, particularly when people from all parties question the reliability and fairness of our elections administration.”

Mara added: “As the capital city wanting more independence and autonomy, we are setting ourselves up for failure with this ballot initiative.”

Lisa D.T. Rice, who proposed Initiative 83, said in a statement Tuesday that the Democratic Party’s lawsuit is without merit and that it was filed prematurely in advance of a designated <a href="https://dcboe.org/Ballot-Measures/Initiative-Measures" target=_blank>10-day challenge period</a>, which comes after the Elections Board creates a short title and summary statement for the initiative that is published in the D.C. Register.

“The DC Democratic Party is so committed to preventing DC voters from deciding on these reforms for themselves, that is, being able to decide on the future of DC’s electoral process, they have filed a lawsuit that is not ripe, has no merit, and, we believe, will ultimately fail,” Rice said. “From the Supreme Court to the DC Superior Court, Initiative 83 is grounded in sound case law. This lawsuit clearly shows that the DC Democratic Party wants to suppress the voices of 86,000 independent voters in the District of Columbia and prevent all DC voters from electing candidates that receive at least 50% of the vote. We believe that DC voters should decide the future of our electoral process, not the courts.”

Rice and the measure’s supporters must still gather enough<a href="https://www.dcboe.org/Ballot-Measures/Initiative-Measures" target=_blank> signatures </a>for ballot consideration and may<b> </b>end up facing additional legal challenges beyond the Democratic Party’s lawsuit. Organizers have said they plan to launch an educational campaign for voters to better understand the proposed electoral changes.

A first court date has been scheduled for Nov. 3.

University of Maryland, College Park, BA in journalism

Michael Brice-Saddler covers D.C. government and politics for The Washington Post's Metro desk. He joined The Post in June 2018 as a crime reporting intern after graduating from the University of Maryland. Before moving to local politics, he covered national and breaking news on the general assignment desk. 

Michael Brice-Saddler

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