Lessons from the Use of Ranked Choice Voting in American Presidential Primaries
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Document Received by the CA 2Nd District Court of Appeal
No. B295935 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT ______________________________________________________ CITY OF SANTA MONICA, Appellant-Defendant, v. PICO NEIGHBORHOOD ASSOCIATION; MARIA LOYA, Respondents and Plaintiffs. ____________________________________________________________ BRIEF FOR FAIRVOTE AS AMICUS CURIAE IN SUPPORT OF RESPONDENTS AND AFFIRMANCE ___________________________________________________________ Appeal from the Superior Court for the County of Los Angeles The Hon. Yvette M. Palazuelos, Judge Presiding Superior Court Case No. BC616804 ____________________________________________________________ *IRA M. FEINBERG PATRICK C. HYNDS (Bar No. 64066) (pro hac vice pending) HOGAN LOVELLS US LLP JOSEPH M. CHARLET 390 Madison Avenue (pro hac vice pending) New York, NY 10017 HOGAN LOVELLS US LLP Telephone: (212) 918-3000 555 Thirteenth Street NW Fax: (212) 918-3100 Washington, DC 20004 [email protected] Telephone: (202) 637-5600 Fax: (202) 637-5910 ZACH MARTINEZ (pro hac vice pending) HOGAN LOVELLS US LLP 1601 Wewatta Street, Suite 900 Denver, CO 80202 February 4, 2020 Telephone: (303) 899-7300 Counsel for Amicus Curiae Document receivedbytheCA2ndDistrictCourtofAppeal. Fax: (303) 899-7333 FairVote CERTIFICATE OF INTERESTED ENTITES OR PERSONS FairVote is a non-profit organization headquartered in Takoma Park, Maryland that advocates for fairer political representation through election reform. Since its founding in 1992, FairVote has been committed to advancing ranked-choice voting, also known as a single-transferable-vote (“STV”) method, in both single-member-district and at-large voting systems. It does so by conducting original research and advocating for electoral reforms at the local, state, and national levels. FairVote believes that implementing alternative at-large remedies, including ranked-choice and cumulative voting, will allow voters to elect representatives who better reflect their communities’ and society’s diversity. -
The Case for Electoral Reform: a Mixed Member Proportional System
1 The Case for Electoral Reform: A Mixed Member Proportional System for Canada Brief by Stephen Phillips, Ph.D. Instructor, Department of Political Science, Langara College Vancouver, BC 6 October 2016 2 Summary: In this brief, I urge Parliament to replace our current Single-Member Plurality (SMP) system chiefly because of its tendency to distort the voting intentions of citizens in federal elections and, in particular, to magnify regional differences in the country. I recommend that SMP be replaced by a system of proportional representation, preferably a Mixed Member Proportional system (MMP) similar to that used in New Zealand and the Federal Republic of Germany. I contend that Parliament has the constitutional authority to enact an MMP system under Section 44 of the Constitution Act 1982; as such, it does not require the formal approval of the provinces. Finally, I argue that a national referendum on replacing the current SMP voting system is neither necessary nor desirable. However, to lend it political legitimacy, the adoption of a new electoral system should only be undertaken with the support of MPs from two or more parties that together won over 50% of the votes cast in the last federal election. Introduction Canada’s single-member plurality (SMP) electoral system is fatally flawed. It distorts the true will of Canadian voters, it magnifies regional differences in the country, and it vests excessive political power in the hands of manufactured majority governments, typically elected on a plurality of 40% or less of the popular vote. The adoption of a voting system based on proportional representation would not only address these problems but also improve the quality of democratic government and politics in general. -
Management Company Sues CCMSD Schools Plan for Fall Opening
n anuary|uny es surPage r end 1 The Sundance enden Times ae 5 Thursday, June 25, 2020 Volume 136 • Issue No. 26 Thursday, June 25, 2020 Thesundanees Sundance Times hs an r a enn Management company sues CCMSD late any grounds nor cite any HMS claims contractual provisions autho- rizing its unilateral decision” damages for to void the agreement. early split with According to the contract between the two entities, the hospital district CCMSD board must give 120 days of notice unless certain conditions are met. These The management company include HMS defaulting on that Crook County Medical the terms of the agreement; Services (CCMSD) fired earlier bankruptcy or dissolution; this year is suing the district actions that constitute fraud, for damages. Health Manage- willful misconduct or gross ment Services (HMS) claims it negligence; discontinued op- was given 120 days of notice erations at CCMSD or sale of as per its contract, but was the facilities; a material breach then “inexplicably” dismissed by HMS such as misfeasance; without payment. or a failure by HMS to change According to the complaint, the CEO within 90 days if re- filed with Crook County Dis- quested by the board. trict Court, the five-year con- None of these reasons is tract between the two entities mentioned in the letter sent states that payment for HMS’s to HMS from Hirst Applegate services would take the form of on April 29. five percent of CCMSD’s total In that letter, HMS is in- gross operating revenues. This formed that the board had contract was due to come to an voted to void the management end on September 30, but was services agreement and pay terminated early. -
Gerrymandering Becomes a Problem
VOLUME TWENTY FOUR • NUMBER TWO WINTER 2020 THE SPECIAL ELECTION EDITION A LEGAL NEWSPAPER FOR KIDS Gerrymandering Becomes a Problem Battling Over for the States to Resolve How to Elect by Phyllis Raybin Emert a President by Michael Barbella Gerrymandering on a partisan basis is not new to politics. The term gerrymander dates back to the 1800s when it was used to mock The debate on how the President Massachusetts Governor Elbridge Gerry, who manipulated congressional of the United States should be elected lines in the state until the map of one district looked like a salamander. is almost as old as the country itself. Redistricting, which is the redrawing of district maps, happens every Contrary to popular belief, voters 10 years after the U.S. Census takes place. Whatever political party is do not elect the president and vice in power at that time has the advantage since, in most states, they president directly; instead, they choose are in charge of drawing the maps. electors to form an Electoral College “Partisan gerrymandering refers to the practice of politicians where the official vote is cast. drawing voting districts for their own political advantage,” During the Constitutional Convention says Eugene D. Mazo, a professor at Rutgers Law School and of 1787, a an expert on election law and the voting process. few ways to Professor Mazo explains that politicians, with the use of advanced computer elect the chief technology, use methods of “packing” and “cracking” to move voters around to executive were different state districts, giving the edge to one political party. -
“The Return of the Brokered Convention? Democratic Party Rules and Presidential Nominations.”
“The Return of the Brokered Convention? Democratic Party Rules and Presidential Nominations.” By Rick Farmer State of the Parties 2009 October 15-16 Akron OH Front loading, proportional representation and super delegates are changing the dynamic of the Democratic presidential nomination. Since 1976 capturing the early momentum was the key ingredient to winning. Barack Obama’s nomination in 2008 demonstrates how these three forces are converging to re-write the campaign playbook. Front loading created a 2008 Super Tuesday that approached national primary day status. Proportional delegate allocations kept the race close when another system might have put the delegate count out of reach; and with a different result. Super delegates made the final decision. The 2008 Democratic presidential contests produced, in effect, a brokered convention. Without reform, many more brokered conventions appear to be in their future. Below is a discussion of how the reforms of the 1970s and 80s combine to produce this perfect storm. Then, the 2008 campaign illustrates the effects. The major reform proposals are examined. Finally some conclusions are drawn. Reforms of the 1970s and 80s American political parties grant their nomination to a single candidate at a national convention. Both the Republican Party and the Democratic Party nominations can be won with a simple majority of the delegates. Delegates are pledged through a series of caucuses and primaries. Both parties are following similar calendars but Republican Party rules result in a different type of contest than Democratic Party rules. Parties have met in quadrennial national conventions for the purpose of selecting a presidential nominee since 1832. -
The Economist/Yougov Poll
The Economist/YouGov Poll Sample 2000 General Population Respondents Conducted April 8 - 11, 2016 Margin of Error ±2.8% 1. Some people seem to follow what’s going on in government and public affairs most of the time, whether there’s an election going on or not. Others aren’t that interested. Would you say you follow what’s going on in government and public affairs ... ? Most of the time . 48% Some of the time . 30% Only now and then . .13% Hardly at all . 9% Don’t know . .1% 2. Would you say things in this country today are... Generally headed in the right direction . 26% Off on the wrong track . 62% Not sure . 11% 3. Do you have a favorable or an unfavorable opinion of the following people? Very Somewhat Somewhat Very Don’t favorable favorable unfavorable unfavorable know Hillary Clinton 21% 20% 12% 44% 2% Ted Cruz 11% 23% 19% 36% 12% John Kasich 7% 28% 24% 18% 23% Bernie Sanders 23% 28% 17% 26% 7% Donald Trump 18% 16% 11% 52% 3% 1 The Economist/YouGov Poll 4. How would you feel if the person listed below was the 2016 Democratic nominee for President? Asked of registered voters Satisfied Dissatisfied but not but not Enthusiastic enthusiastic upset Upset Not sure Hillary Clinton 22% 20% 12% 43% 3% Bernie Sanders 22% 29% 20% 23% 6% 5. Who do you think is the most likely candidate to become the Democratic nominee for president in 2016? Hillary Clinton . .60% Bernie Sanders . 21% Not sure . 20% 6. Regardless of who the Republicans select as their nominee, do you think the Democratic presidential candidates listed below could possibly win or could never win the general election in November if he or she was to become the Democratic nominee? Could possibly win Could never win Not sure Hillary Clinton 74% 14% 11% Bernie Sanders 58% 24% 18% 7. -
High School Voter Registration FAQ
High School Voter Registration FAQ Do you need to be 18 years old to register to vote? No. Although laws vary from state to state, all states let at least some 17 year olds register. Most states only require that a person be at least 18 years of age by the next election. Some set more specific deadlines, such as 17 years and six months, and two states, Florida and Hawaii, even allow people to register at 16 years of age. Do some places already use this type of registration system? Although the 1993 National Voter Registration Act increased access to voter registration materials, governments in the United States still do little to educate voters or encourage voter participation. While many of these other governments use other government records such as a national citizen registry, basing a registration system in high schools is more practical in the United States due to the decentralized nature of our electoral system. Does High School Registration work at either the state or local level? Yes. While it would be great to have entire states using this system, local governments have the authority to implement high school registration at a local level. Local programs would potentially increase participation in local elections, especially ones that directly affect schools, and could also serve as a pilot program for implementation at the state level. I like the idea of helping high school students register to vote; however, I am uncomfortable with making registration a requirement. First of all, remember that compulsory registration is not the same as compulsory voting. -
Fair Representation Voting – Lessons from Cumulative Voting in Illinois by Rob Richiei Prepared for National Democracy Slam, April 22, 2015
Fair representation voting – Lessons from cumulative voting in Illinois By Rob Richiei Prepared for National Democracy Slam, April 22, 2015 We have more than 7,000 state legislators in the United States today. The great majority of them are elected in single-winner districts, where each legislator represents a group of people that no one else represents in that legislative chamber. But that’s not true in Maryland, where I and most other Maryland voters have three representatives in the House of Delegates, and it didn’t always used to be that way nationally. As recently as the 1950’s, more than half of state representatives shared constituents with other representatives in multi-winner districts, at a time when voters in several states had more than one U.S. House Member as well. One of those states with multi-winner state legislative districts was Illinois. Every voter had three representatives in the Illinois House of Representatives. But unlike other multi-winner state legislative districts elsewhere Illinois did not have a winner-take-all rule. That is, 51% of voters were not able to control 100% of representation in the way that they can today in my three-seat district in Maryland. Instead, if more than a quarter of like-minded voters wanted a certain kind of representation, they had the voting power to win one of the three seats. A 51% majority would have the power to elect two of three seats, but not all three of them. This “fair representation voting rule” was based on providing voters with cumulative voting rights. -
Women and the Presidency
Women and the Presidency By Cynthia Richie Terrell* I. Introduction As six women entered the field of Democratic presidential candidates in 2019, the political media rushed to declare 2020 a new “year of the woman.” In the Washington Post, one political commentator proclaimed that “2020 may be historic for women in more ways than one”1 given that four of these woman presidential candidates were already holding a U.S. Senate seat. A writer for Vox similarly hailed the “unprecedented range of solid women” seeking the nomination and urged Democrats to nominate one of them.2 Politico ran a piece definitively declaring that “2020 will be the year of the woman” and went on to suggest that the “Democratic primary landscape looks to be tilted to another woman presidential nominee.”3 The excited tone projected by the media carried an air of inevitability: after Hillary Clinton lost in 2016, despite receiving 2.8 million more popular votes than her opponent, ever more women were running for the presidency. There is a reason, however, why historical inevitably has not yet been realized. Although Americans have selected a president 58 times, a man has won every one of these contests. Before 2019, a major party’s presidential debates had never featured more than one woman. Progress toward gender balance in politics has moved at a glacial pace. In 1937, seventeen years after passage of the Nineteenth Amendment, Gallup conducted a poll in which Americans were asked whether they would support a woman for president “if she were qualified in every other respect?”4 * Cynthia Richie Terrell is the founder and executive director of RepresentWomen, an organization dedicated to advancing women’s representation and leadership in the United States. -
“Mcconnell Majorities” in Supreme Court Decision-Making
PRESIDENT-SHOPPING FOR A NEW SCALIA: THE ILLEGITIMACY OF “MCCONNELL MAJORITIES” IN SUPREME COURT DECISION-MAKING J. Stephen Clark* WASHINGTON, June 29—By the slimmest of margins, the Supreme Court today ended its decades of protecting abortion rights and overruled Roe v. Wade,1 the 1973 decision that established abortion as a constitutional right.2 The breaking news one day in June 2019 is the demise of Roe v. Wade. By a vote of 5-4, the Supreme Court has overruled the precedent and left the protection of abortion rights to the sole discretion of lawmakers. There had been no majority for such a decision until President Trump had the chance to make two appointments to the Court. One of those appointees wrote the majority opinion. Perhaps fittingly, the author of the opinion was the successor to the late Justice Antonin Scalia, who strove for this goal more vigorously than any member of the Court since 1973. Of course, every supporter of abortion rights realizes that the Trump appointee now sits on the High Court only because President Obama’s nominee for the same seat was ignored by the Senate for eleven months. The overruling of Roe is directly traceable to that stonewalling and its mastermind—the majority leader, Senator Mitch McConnell of Kentucky. Why should supporters of abortion rights accept the legitimacy of a Court decision handed down by a bare majority that owes its fifth vote to Mitch McConnell’s Supreme Court Justice? The answer is that they would not, nor should they. Contrary to McConnell’s repeated claims, his posture of determined inaction * Professor of Law, Albany Law School. -
CLOSER to NOMINATION ELECTIONS Marchhas Passedand Thereare Only Ahandful of Voting Days Left Untilbothpolitical Partiesholdtheir Conventions
8A » Sunday, March 27,2016 » KITSAPSUN AJOURNAL MEDIAGROUP PROJECT CLOSER TO NOMINATION ELECTIONS Marchhas passedand thereare only ahandful of voting days left untilbothpolitical partiesholdtheir conventions. HillaryClinton 2016 andDonaldTrump areleading in thedelegatecounts, butthatstill does notmeantheyhaveaneasyroadtotheir respective party nominations. When delegate totals arethisclose,anythingcan happen at thenationalconventions this summer. Millions of people have votedinprimariesand at caucuses duringthe first fewmonthsthisyear. Theirvotes arenow in thehands of just afew thousand people. MEETTT THHEE DELEGATES The modern presidential nominationprocess —linking avotecastfor acandidate to the allocation of adelegateatthe convention level—was born outofalaw passed in 1910 in Oregon.In2016, 35 U.S. jurisdictionshaveorwillholdprimary elections, 13 have or will hold caucuses andeight have some combinationofthose. With rulesvarying from partytoparty andstate to state, theprocess of selectingapresidentialcandidate is alot more complicatedthanjustpicking someoneinthe ballot booth. DEMOCRATS REPUBLICANS Thereare twotypes of Members ooff theeD Deemmooccraratic Republicanshs h avete twwoo typesos off andahd a hyybbrriidds system. SSttaatteess set delegatesonthe Democratic National CoCommmmiitttteeee,, Congress, convention delegates: bound thepe peerrcceenntatage ththrreesshhoolldd side: pledgeddelegates and statege goovevernorsas anndd delegatesand unbound aac caannddiiddaattee must rreeaacchh unpledged superdelegates. distinguished paparrttyyo -
Bloomberg Politics Ohio Poll
EMBARGOED Bloomberg Politics Ohio Poll SELZER & COMPANY Study #2144 802 Ohio residents who are likely voters in the 2016 general election September 9-12, 2016 Margin of error: ± 3.5 percentage points 1,138 general population contacts weighted by race and age Poll Questions Percentages may not add to 100% due to rounding. If the general election were held today, and the candidates were [Hillary Clinton for the Democrats] and [Donald Trump for the Republicans], for whom would you vote? (Alternate candidate names every other interview.) (If not sure or would not vote, ask:) Toward which do you lean? Q.2a Q.2b Total Hillary Clinton 39 4 43 Donald Trump 44 4 48 Other/would not vote (VOL) 9 6 6 Not sure 8 3 3 Would you say your vote for Hillary Clinton is more a vote to support her for president, or more a vote to stop Donald Trump from becoming president? (Asked only of Clinton voters; n=329.) 56 More to support Clinton 37 More to vote against Trump 7 Not sure Would you say your vote for Donald Trump is more a vote to support him for president, or more a vote to stop Hillary Clinton from becoming president? (Asked only of Trump voters; n=403.) 49 More to support Trump 45 More to vote against Clinton 7 Not sure If the general election were held today, and the candidates were [Hillary Clinton for the Democrats], [Donald Trump for the Republicans], [Gary Johnson for the Libertarian Party], and [Jill Stein for the Green Party], for whom would you vote? (Rotate candidate names in brackets.) (If not sure, or would not vote, ask:) Toward which do you lean? Q.5a Q.5b Total Hillary Clinton 38 1 39 Donald Trump 43 1 44 Gary Johnson 10 - 10 Jill Stein 3 - 3 Would not vote (VOL) 1 1 1 Not sure 6 4 4 EMBARGOED If the elections for the U.S.