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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. -
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. -
2018 PRELIMINARY STAFF REPORT Cesar Perales, Chair Rachel Godsil, Vice Chair Carlo Scissura, Secretary Matt Gewolb, Executive Director
CHARTER 2018 NYC REVISION COMMISSION 2018 PRELIMINARY STAFF REPORT Cesar Perales, Chair Rachel Godsil, Vice Chair Carlo Scissura, Secretary Matt Gewolb, Executive Director LETTER TO THE CHAIR Dear Chair Perales and Commissioners: I am delighted to present this Preliminary Staff Report, which I hope will serve as an informative and useful guide for the ongoing work of the 2018 New York City Charter Revision Commission. As you know, the Commission has been extremely active in engaging with City residents during the initial stages of this revision process. From listening to in-person public testimony to engaging experts at our four Issue Forums to our “Commissioner- in-your-Borough” events, we have engaged the public in a serious—and enlightening— conversation about governance in New York City. We have considered the entire City Charter to identify areas for potential revision. The Commission received hundreds of comments from New Yorkers from across the five boroughs. Advocacy and good government groups, elected officials, academics, and others have made meaningful contributions, and we will continue to consult with stakeholders as this process unfolds. The New York City Law Department, and others within City government, have provided invaluable guidance. We tremendously appreciate their efforts, as well as those of all of the other organizations and individuals who have provided assistance. Ultimately, this Preliminary Staff Report reflects a focus on civic life and democracy in New York City—a theme that is particularly appropriate and relevant in contemporary times. The report also introduces a new and exciting phase in our process—one that I am confident will include a robust public discussion and debate about the future of the City Charter. -
C00053 6930 Carroll Ave., Suite 610 the Center for Takoma Park, MD 20912 - (301) 270-4616 (301) 270-4133 (Fax)
STATE OF HAWAII OFFICE OF ELECTIONS 802 LEHUA AVENUE PEARL CITY, HAWAll 96782 www.hawaii.gov/elections KEVIN B. CRONIN CHIEF ELECTION OFFICER TESTIMONY OF THE CHIEF ELECTION OFFICER, OFFICE OF ELECTIONS TO THE HOUSE COMMITTEE ON JUDICIARY ON SENATE BILL NO. 2898, S.D.I RELATING TO AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL POPULAR VOTE March 20, 2008 Chair Waters and members ofthe House Committee on Judiciary, thank you for the opportunity to testify on Senate Bill No. 2898, S.D.I. The purpose ofthis bill is to allow states to determine the winner ofa presidential election by "national popular vote". The Office ofElections knows the contents ofthis bill and believes this bill presents a policy issue for the Legislature to resolve in its sound judgment. The Office ofElections remains available to provide, on request, any technical assistance arising from this bill. Please let us know ifthis office can be ofassistance to you. Respectfully Submitted: By Kevin Cronin C00053 6930 Carroll Ave., Suite 610 The Center for Takoma Park, MD 20912 - (301) 270-4616 (301) 270-4133 (fax) . [email protected] Voting and Democracy www.fairvote.org Written Testimony of Rob Richie, Executive Director On Behalf of Hawaii's SB2898 SD 1, March 19,2008 Thank you very much for the opportunity to provide written testimony in support of SB 2898 SI, legislation to enter Hawaii into an interstate compact designed to guarantee the election of the presidential candidate who wins the most popular votes in all 50 states and the District of Columbia. My name is Rob Richie. -
City Council Election Methods in Order to Ensure That the Election Please Do Not Hesitate to Contact Us
The Center for Voting and Democracy City 6930 Carroll Avenue, Suite 610 – Takoma Park, MD 20912 Phone: (301) 270-4616 – Fax: (301) 270-4133 Council Email: [email protected] Website: http://www.fairvote.org Election This Manual is intended to assist Charter Review Comissions, city officials, and other community Methods leaders in determining what electoral systems will best meet the needs and goals of their community. Given that no system can accomplish every goal, this manual will help you analyze the INTRODUCTION consequences of adopting one system over The range of options that exists for electing a municipal government is broader than many people realize. Voting systems can have a another and will aid you in comparing the features striking impact on the type of candidates who run for office, how of various electoral systems. representative the council is, which candidates are elected, which parties control the city council, which voters feel well represented, Should you desire more information about any of and so on. This booklet is intended to aid in the evaluation of possible the voting systems discussed within this manual, city council election methods in order to ensure that the election please do not hesitate to contact us. method is determined by conscious choice, not inertia. A separate companion booklet, Mayoral Election Methods , deals with the selection of an executive. A summary of this booklet can be found in the city council election method evaluation grid at Page 11. 1 CRITERIA FOR EVALUATING CITY COUNCIL ELECTION METHODS 1. VOTER CHOICE Different election methods will encourage different numbers of It is important to recognize from the outset that no election candidates to run, and will thus impact the level of choice which method is perfect. -
Who Picks the President?
Who Picks the President? A report by FairVote – The Center for Voting and Democracy’s Presidential Elections Reform Program www.fairvote.org/presidential Executive Summary Who Picks the President? provides information on where major party presidential campaigns and allied groups spent money on television ads and where the major party candidates for president and vice-president traveled in the peak season of the 2004 campaign. This data is combined into an “attention index” that measures a state’s relative attention on a per capita basis. The results show that voters in seven states received the bulk of the attention, receiving more than four times the attention they would have received if every voter were treated equally. Voters in an additional seven states received more attention than the national average, while voters in 37 states (counting the District of Columbia) received less attention than the national average, including 19 states that received no attention at all. Among key findings: 1) The attention index for the 25 th -highest ranked state, Tennessee, was 0.04 – meaning voters in the median state received 1/25 th the attention of what they would have likely received if every voter were treated equally. 2) In per capita terms, the states receiving the most attention were Iowa, Ohio and New Hampshire. In absolute terms, the three states were Ohio, Florida and Pennsylvania. 3) 23 states had zero television ads, while just three states had more than 52% of all the ads shown during peak campaign season. Florida had 55,477 ads while California, New York and Texas had a combined total of only seven ads. -
Improving the Top-Two Primary for Congressional and State Races
Towards a More Perfect Election: Improving the Top-Two Primary for Congressional and State Races CHENWEI ZHANG* I. INTRODUCTION .............................................................................. 615 1I. B ACKGROUN D ................................................................................ 620 A. An Overview of the Law RegardingPrimaries ....................... 620 1. Types of Primaries............................................................ 620 2. Supreme Court JurisprudenceRegarding Political Partiesand Primaries....................................................... 622 B. The Evolution of the Top-Two Primary.................................. 624 1. A laska................................................................................ 62 5 2. L ouisiana .......................................................................... 625 3. California ......................................................................... 626 4. Washington ............................. ... 627 5. O regon ........................................... ................................... 630 I1. THE PROS AND CONS OF Top-Two PRIMARIES .............................. 630 A . P ros ......................................................................................... 63 1 1. ModeratingEffects ............................................................ 631 2. Increasing Voter Turnout................................................... 633 B . C ons ....................................................................................... 633 -
Intervenor Alaskans for Better Elections, Inc
Scott M. Kendall Alaska Bar No. 0405019 J ahna M. Lindemuth Alaska Bar No. 9711068 Samuel G. Gottstein Alaska Bar No. 1511099 FILED in the Tri~! Courts Holmes Weddle & Barcott, P.C. State of Alaska Third ;.)1stnct 701 West 8th Avenue, Ste. 700 Anchorage, AK 99501 .APR U 2 202"1 Phone: 907.274.0666 Clerk of the Trial courts Fax: 907.277.4657 By______ Deputy Attorneys for Intervenor Alaskans for Better Elections, Inc. IN THE SUPERJOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT ANCHORAGE SCOTT A. KOHLHAAS, THE ALASKAN INDEPENDENCE PARTY, ROBERT M. BIRD, AND KENNETH P. JACOBUS, Plaintiffs, V. STATE OF ALASKA; STATE OF ALASKA: DIVISION OF ELECTIONS; Case No. 3AN-20-09532 CI LIEUTENANT GOVERNOR KEVIN MEYER, in his official capacity as Supervisor of Elections; and GAIL FENUMIAI, in her official capacity of Director of the Division of Elections Defendants. ALASKANS FOR BETTER ELECTIONS, INC. Intervenor. 61NTERVENOR ALASKANS FOR BETTER ELECTIONS' MOTION FOR SUMMARY JUDGMENT Intervenor Alaskans for Better Elections, Inc.'s Motion for Summary Judgment Scott A. Kohlhaas, et al. v. State of Alaska, et. al., Case No. 3AN-20-09532 CI Page 1 of 39 I. INTRODUCTION After voters approved an election reform initiative in November 2020, Plaintiffs Scott A. Kohlhaas, the Alaskan Independence Party, Robert M. Bird, and Kenneth P. Jacobus ( collectively "Plaintiffs") filed this facial challenge seeking to invalidate the entirety of the popularly-enacted law. 1 Through this law, the public adopted comprehensive reforms to give voters and individual candidates more choices in elections, and to ensure that the candidates with the most support - regardless of party affiliation ( or lack thereof) - would represent Alaskans. -
LWV”) Has Been a Leader in the Fight for Fair and Transparent Elections and Good Governance
How Alaska Ballot Measure 2 advances the goals of the League of Women Voters Shea Siegert Yes on 2 Campaign Manager July 10, 2020 EXECUTIVE SUMMARY Since its founding in 1920, the League of Women Voters (“LWV”) has been a leader in the fight for fair and transparent elections and good governance. As part of that effort, its chapters have taken positions on legislation and ballot initiatives across the country on a range of reforms. In June of 2020, LWV held a vote of concurrence on a position regarding “Voter Representation and Electoral Systems.” This action established eight criteria for assessing whether a proposed electoral reform should be endorsed by local LWV chapters. Those criteria are: Whether for single or multiple winner contests, the League supports electoral methods that: Encourage voter participation and voter engagement Encourage those with minority opinions to participate, including under-represented communities Are verifiable and auditable Promote access to voting Maximize effective votes/minimize wasted votes Promote sincere voting over strategic voting Implement alternatives to plurality voting Are compatible with acceptable ballot-casting methods, including vote-by-mail The 2020 vote of concurrence was taken by 1,400 delegates from LWV Chapters from across the country and was approved by 93% of delegates, far exceeding the two-thirds threshold required to establish a position of concurrence. This document seeks to demonstrate that Alaska Ballot Measure 2 is fully aligned with the eight criteria established in June. We reviewed 30 studies, statements and positions from LWV chapters along with supporting academic studies and research from organizations like Represent Women, Representation2020, Fairvote, and others. -
Top Four Primary Ranked Choice Voting for U.S
Top Four Primary Ranked Choice Voting for U.S. House Elections What It Is and How It Performs on Key Democracy Criteria Prepared by Rob Richie1for the National Democracy Slam on April 22, 2015 Summary of Evaluation of Impact on Criteria Voter turnout and political participation: 3 Fair representation of parties and political groups: 2 Fair representation of racial minorities and women: 3 Electoral competition: 4 Reduction of polarization in Congress: 4 Impact Scale Definitions 1 No impact or negative impact 2 Low impact or impact likely only if coupled with other reforms 3 Moderate impact 4 High impact, including significant long-term impact 5 Problem substantially solved, even without other reform Description of Top Four Primary with Ranked Choice Voting The Top Four primary combines the best features of two electoral rules: the Top Two Primary and ranked choice voting. Congress could enact it nationally for congressional elections or individual states could adopt it for their federal and state elections. It involves three changes: Adopting ranked choice voting for both primary and general elections: Ranked choice voting (RCV, known also as “instant runoff voting” and “preferential voting”) is a voting method that can address a range of defects derived from our current electoral rules when more than two candidates run for an office. Voters are given the option to rank candidates in order of preference. Their vote is counted initially for their first choice. If no candidate has more than half of those votes, then the last-place candidate is eliminated. The votes of those who selected the defeated candidate as a first choice are then added to the totals of their next choice.