What Happened?
How you vote in federal elections could soon be decided by Congress. The Congressional Research Service (CRS) released a report on ranked-choice voting (RCV) that covers legal challenges and considerations for Congress.
Legis1 breaks down the report's findings on the bills and court rulings. RCV has been adopted in nearly 50 jurisdictions across the U.S., including for statewide and federal elections in Maine, Alaska and D.C.
Why Does it Matter to Me?
Four bills in Congress would either ban or require RCV, and one of them applies only to D.C. elections.
Two bills would ban it:
- The Make Elections Great Again Act would amend the Help America Vote Act to prohibit RCV in federal elections.
- The District of Columbia One Vote One Choice Act, sponsored by Rep. Michael Lawler (R-NY), would amend the Help America Vote Act to ban RCV in all D.C. elections. The Federal District adopted RCV through a 2024 ballot initiative, and the system began in eligible contests in the June 2026 primary.
Two bills would require it:
- The Ranked Choice Voting Act, sponsored by Rep. Jamie Raskin (D-MD) and Sen. Peter Welch (D-VT), would require RCV for House and Senate elections and help states cover the cost.
- The Fair Representation Act, sponsored by Rep. Donald S. Beyer, Jr. (D-VA), would also mandate RCV for federal congressional elections.
Both Sides, Now
Federal courts have uniformly upheld RCV as constitutional, including a 2011 Ninth Circuit ruling that found any burdens on voters' rights were "minimal at best."
Opponents argue that RCV may conflict with constitutional rules requiring election by a plurality. In 2017, the Maine Supreme Judicial Court found that RCV conflicted with the state constitution's plurality requirements for certain state offices. In April 2026, the court ruled that Maine's 2025 legislation addressing RCV still violated the state constitution, saying the constitutional word "votes" refers to votes recorded on ballots and does not allow the extra tabulation rounds RCV requires.
The CRS report notes Congress could also condition federal election funding on states complying with whatever rules it sets.
What Happens Next?
The Ranked Choice Voting Act, the Fair Representation Act and the District of Columbia One Vote One Choice Act have each been referred to committee.
Will Congress set a single national standard for how Americans vote, or leave the choice to states and cities?
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