University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "The Right Choice for Elections: How Choice Voting will End Gerrymandering and Expand Minority Voting Rights, from City Councils to Congress"
Date 2013
Author Rob Richie, Andrew Spencer
Author Institution Haverford College
Author Role Faculty
External Link https://heinonline.org/HOL/Page?public=true&handle=hein.journals/urich47&div=37&start_page...
Abstract This article recommends a different approach, grounded in replacing winner-take-all voting rules with choice voting, both as a generally applied voting method and as a preferred remedy in Voting Rights Act cases. In Section I, it reviews the major winner-take-all methods for electing legislative candidates, both at-large and by district. It places these methods in historical and legal context, and critiques them based on their policy implications for voters and candidates. In Section II, it provides the same for modified, non-winner-take-all methods of electing candidates and demonstrates that choice voting in multi-member districts provides voters with greater choice and more representative legislative bodies. In Section III, it addresses choice voting as a remedy in Voting Rights Act cases and argues not only that it is legal under both the Federal Voting Rights Act and the California Voting Rights Act, but also that it often would effectuate the policies of those Acts better than single-member districts. Section IV will demonstrate how choice voting can and should be implemented for electing legislative bodies more generally, how it is fully constitutional, and how it can be implemented with relatively modest changes to legislative districts that are fully consistent with American political traditions. Finally, this article concludes by appealing to courts and legislatures to look to choice voting as a model for how to create a fairer and more representative republican form of government at every jurisdictional level.
Source U. Rich. L. Rev.
Citation 47 U. Rich. L. Rev. 959-1014


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