VOTING AND DEMOCRACY REVIEW The Newsletter of The Center for Voting and Democracy

Volume 2, Number 1 "Making Your Vote Count" January 1994

North Carolina Takes Close Look at PR Study commission formed, CV&D member set to testify in Shaw

In the wake of last year's Supreme The Commission will investigate My role in the case led to a Page 1 Court ruling on North Carolina's whether to add limited voting (already article (with accompanying map) by Jim redistricting plan, current winner-take- used to elect several North Carolina local Morrill, political editor of the Charlotte all methods of enforcing Voting Rights governments), cumulative voting and Observer, the state's largest newspaper. Act provisions to allow racial and ethnic preference voting to the list of election My commentary on the plan has run in minorities to elect candidates of choice options for local governments. Currently, newspapers across the state, drawing are under attack across the nation. No localities must obtain General Assembly serious attention. State senator Leslie state has gone further to study approval to adopt anything other than Winner told the Observer: "I wouldn't alternatives to single-member district winner-take-all elections. dismiss anything out of hand....It is plans than North Carolina -- in no small worth our thinking through as a society part due to the efforts of Lee Mortimer, PR Plan Gains Attention in Shaw Case how we want to accomplish getting who provides the following report. The study commission's creation different voices heard in a system that follows on the heels of last summer's doesn't make people feel alienated." The Election Laws Review Supreme Court ruling to allow a legal Commission, approved by the 1993 challenge to North Carolina's 12th A possible barrier to the PR plan is a North Carolina General Assembly, congressional district, which has a 1967 congressional statute that requires begins its work on January 27. It will be majority of African-Americans. The case states to use single-member districts for the first of monthly meetings through the -- once Shaw v. Reno, now Shaw v. Hunt House elections. However, after meeting end of 1994. The Commission then will -- is scheduled to go to court by April. with Everett in November, CV&D Board make recommendations for election-law member and noted voting rights attorney changes to the 1995 General Assembly. The plaintiffs' attorney, Duke Ed Still met with staff of a congressional University law professor Robinson subcommittee that is holding hearings on The Commission will study three Everett, has asked me to testify about amendments to the Voting Rights Act. areas: alternate election systems, how cumulative voting and preference Still discussed amending the Act to give campaign finance reform and voter voting could provide fair minority states the option to use PR systems. registration. Commissions originally had representation in North Carolina's been proposed for each topic separately, congressional elections -- an idea raised Interest in this amendment should but the legislature decided to consolidate by former Justice Department nominee only increase following December's them under a single commission. This Lani Guinier at the NAACP's 1993 federal court ruling that rejected consolidation will permit an integrated convention. I introduced Everett to Louisiana's congressional plan based on analysis of the different areas. Guinier when he attended her well- alleged "racial gerrymandering" in one received speech at Duke in December. district. The Louisiana case may weigh The Commission has 21 members, heavily when Shaw v. Hunt is heard in including six state senators and nine I have submitted a plan that creates federal court here this spring. state representatives. The co-chairs are three multi-member districts that Sen. Clark Plexico and Rep. Paul correspond to the state's geographic Luebke. Luebke, a fellow Durham regions. In November, I gave a Inside This Issue: resident, has been interested in deposition during which I was proportional representation (PR) since I questioned by a state deputy Attorney began talking to him about PR for General and by attorneys for the NAACP Page 2...... CV&D 1993 Report Durham's school board two years ago. He Legal Defense and Education Fund, Page 3...... Voting System News introduced last year's resolution to study which has intervened in defense of the Page 4...... Computerizing PV alternate voting systems. current district plan. Page 4...... The Index

Voting and Democracy Review January 1994 Page 1 "Making your vote count"

Note from the Director

Less than two years old, CV&D • Explaining Lani Guinier's ideas: The Center for Voting and enters the new year with a string of The media grossly distorted former Democracy (CV&D) is a tax - exempt important accomplishments and an Justice Department nominee Guinier's educational organization that serves as a exciting array of projects for 1994. support of cumulative voting. CV&D national clearinghouse on proportional Here are some examples: issued press releases that resulted in representation (PR) and other alternatives to the plurality voting • Producing Voting and Democracy radio appearances and more accurate systems used in most United States Report: 1993: In December, we held a coverage. Many CV&D members wrote elections. CV&D was founded in 1992. press conference with National Advisory newspaper columns detailing her ideas. Board Chair John Anderson, media • Collecting and distributing Voting and Democracy Review is counselors from the German and South materials on voting systems: CV&D published bi - monthly. CV&D members African embassies and a leading Russian has an up-to-date collection of written receive the Review for free; analyst to release preliminary copies of and visual material on PR. We monitor subscriptions are $15. All rights Review our first annual survey of 1993's electoral local, national and international develop- reserved. No part of the may be reproduced or transmitted by any means reforms and elections. With ments and distribute this information to without prior written permission from contributions from 20 authors, the report media, public interest groups, educators CV&D: 6905 Fifth St. NW, Suite 200, fills an important vacuum in our public and international reformers. Washington, DC 20012 (202) 882 - 7378. debate. (Copies of the final report will be CV&D has only begun the process of available in February for $9.) sharing a wealth of information with the CV&D Board of Directors • Informing communities: The American people. With members' Matthew Cossolotto (President) Author, Almanac of European Politics Cincinnati city council in 1993 put continued help, we can take great strides Cynthia Terrell (Vice-President) cumulative voting on the ballot after toward increasing understanding of a Campaign consultant (DC) investigating voting systems with our subject of vital importance to the future Howard Fain (Secretary) assistance. CV&D has generated of our democracy and to emerging Staff representative, AFSCME (MA) informed debate on proportional democracies around the world. David Lampe: (Treasurer) representation (PR) in communities Rob Richie Editor, National Civic Review (CO) ranging from Nassau County (NY) to Carolyn Campbell Ù Ù Ù Ù Ù Ù Ù Ù City council aide/Green Party leader (AZ) Seattle (WA) and Durham (NC). We edit Member Profile: Steven Hill Dolores Huerta a column for the National Civic Review. CV&D is starting to spawn a number Vice-president, United Farm Workers (CA)

• Stimulating public debate and of independent state affiliates. Peter Nickitas Attorney, Duluth (MN) understanding: CV&D members have Washington State CPR! provides the Roxanne Qualls written articles on PR in publications model for these groups, primarily due to Mayor of Cincinnati (OH) ranging from the New Yorker to the New the energetic, innovative and even- York Times. Three hours of our 1993 Wilma Rule handed leadership of Steven Hill. Adjunct professor, U. Nevada-Reno (CA) conference were televised on C-SPAN. Two years ago, Steven decided to James Skillen

CV&D also has taught about voting forgo entering a prominent law school to Ex. director, Center for Public Justice (MD) systems to groups of high school students avoid high debts. Living on a small Marian Spencer Former Cincinnati vice - mayor (OH) visiting Washington, D.C, and is stipend from organizing farm workers, Edward Still planning workshops to assist members' Steven put principle before self-interest. Voting Rights Act attorney (AL) efforts around the nation. And I have In its brief history, Washington CPR! been a panelist at conferences organized has sparked three pieces of PR-related CV&D Advisory Board by such organizations as the NAACP state legislation, run candidates for John Anderson (National Chair)

Legal Defense Fund and Americans for Seattle and Tacoma city council, had Former Member of Congress

Democratic Action. monthly public meetings, spoken to Douglas Amy Kathleen Barber

• Working with electoral reformers countless civic and public interest Theodore Berry John Brittain Martha Burk Eugene Eidenberg overseas: CV&D staff members last year groups, printed many commentaries and were invited to New Zealand for a James Elwood Jack Gargan letters in newspapers and appeared on Hendrik Hertzberg Mel King speaking tour during the successful several radio shows. It is exploring a Arthur Kinoy Arend Lijphart referendum campaign to adopt PR, while Seattle initiative, to be launched with a Michael Lind Manning Marable Michael Shuman Eleanor Smeal CV&D President Matthew Cossolotto March conference of key constituencies. met with leading British reformers and Maureen Smith Sam Smith Steven also has been a big help to Bobbie Sterne Velma Veloria presented our 1992 Champion of CV&D; he currently is assisting our Tyrone Yates Joseph Zimmerman Democracy award to Paddy Ashdown, factsheet project. The legal profession's CV&D National Director party leader of the Liberal Democrats. loss has been the PR movement's gain. Robert Richie

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Voting System Reform Update Notable Quotes "There shall be representative Ø Washington state legislature to Ø South African constitution calls for government, embracing multi-party consider more PR legislation: U.S. PR: Reflecting a broad consensus, the democracy, regular elections, Senate candidate Jesse Wineberry this constitution adopted by South Africa in universal adult suffrage, a common year will introduce the Citizens Voting December institutes PR for all levels of voters' roll, and, in general, Rights Act. The bill mandates single- government in the April elections. Seats proportional representation." member districts for all non-chartered in the lower house, cabinet and regional Constitutional Principle VIII localities (currently elected at-large), but legislatures will be allocated by party list South Africa Constitution gives them the option to adopt PR, first by region and then nationally to proportional representation (PR) instead. parties reaching a 5% threshold. "The CCA [Cambridge Civic CPR!-Washington, an affiliate of Association] is convinced that CV&D, convinced bill sponsors to Ø Italy to hold March election using Cambridge should remain extremely include the PR-empowering provision. semi-PR system: Italy in March will use proud of its electoral system, and Two other PR-related bills introduced its new "mixed member" voting system should be working to help convince last year may have hearings in 1994. for the first time. 75% of seats will be other cities and towns that our way filled in winner-take-all, single-member is in fact the right way." Ø Study finds only half of midwest districts, 25% by PR in a way designed to R. Philip Dowds, CCA President, civic activists happy with winner-take- correct unfairness in district seats. in 12/19/93 letter to Cambridge all: The Democracy Agenda Project, Ø city council (with a CCA majority organized by George Washington "Mixed" PR elections in Russia: In elected by preference voting) University professor Larry Hanson, last December elections, Russia used a mixed fall asked over 200 civic activists from member voting system. 225 candidates "In a revelatory book that people five midwest states to study a series of were elected from single member serious about politics or social possible political reforms to increase districts, 225 from party lists by PR with policy could wisely set aside the competitiveness in our elections. a 5% threshold. Unlike Germany (and time to read, [Amy] makes the case Participants ranked PR behind now New Zealand), party list seats did that American politics can be re- reforms in ballot access and campaign not compensate for distortions in the energized by adopting proportional finance, but ahead of "none-of-the- district elections. representation." above" voting. When asked whether to Some extremist parties did relatively Ronnie Dugger, in 12/26/93 maintain winner-take-all, implement PR well, but no voting system could resolve New York Times Book Review, by the year 2010 or establish a national the tensions of a democracy undergoing on Douglas Amy's new book on commission to examine PR systems, only such rapid, wrenching change. The PR, Real Choices/New Voices 53% opted for the status quo. elections did result in representation of

Russia's diversity, including 24 seats Ø "It is perhaps to be desired that Preference voting on campus: Last won by the Women of Russia party. various modes shall be tried." November the Univ. of California- Ø Japan's electoral reform bill may be James Madison, in 1788 letter to Berkeley used preference voting for defeated: Japan's upper house in January Thomas Jefferson on the at-large student council elections, in which 8200 voted against the coalition government's election system in Pennsylvania students voted. In addition, the Rutgers electoral reform bill. The bill's most physics graduate student program used important feature was to replace the "The legislative body should not PV for its elections at the urging of semi-PR "single nontransferable vote" limit its discussion of a proposed CV&D member Jack Bennetto. system for the lower house (with voters plan to single member districts Meanwhile, in Oregon, CV&D having one vote in districts of 3-to-5 which is the traditional remedy.... member Brian Wanty last year organized members) and replace it with a system Rather, it should also examine other an effort at Lane Community College to adopt party list PR for student elections. with 276 members elected from single- schemes...in particular, limited His initiative received 60% of the vote, member districts and 224 by party list voting, cumulative voting and but needed a two-thirds majority to win. PR. [preference voting]." The PR seats would not have Senior U.S. District Judge Joseph Ø Pro-PR Canadian organization hosts corrected district election unfairness, a Young, in 1/94 order requiring February conference: CV&D has been key reason for the bill's defeat. The Worcester County (MD) to seek invited to attend a conference on defeat may lead to a fairer law closer to an alternative to its winner- electoral reform organized by the pro-PR the German system or to one weighted take-all, at-large voting system Canada West Foundation in February. toward "winner-take-all," as preferred by PR will be a central topic of debate. the opposition Liberal Democrats.

Voting and Democracy Review January 1994 Page 3 Voting and Democracy Review The Center for Voting and Democracy 6905 Fifth Street NW, Suite 200 Washington, DC 20012

ADDRESS CORRECTION REQUESTED

"Making Your Vote Count"

Developing Technology to Use a Fair System: Preference Voting

Jim Lindsay is coordinator for Northern California appear by the name and so on until the voter was finished. CPR -- an independent affiliate of CV&D -- and chair of The votes could be sent in to the count center via CV&D's Technology Committee. A computer modem, and the count could be complete literally minutes programmer, Jim has led CV&D's efforts to mechanize after the polls were closed (with absentee ballots entered by and computerize preference voting (PV). The Committee hand or by a scanning system). These systems include audit recently was authorized by the Cambridge city council to trails, full reporting capabilities and ballot security. study the city's 1991 PV election ballots with CV&D Other possibilities for PV election technologies are: software in order to measure the benefits of punchcards, mark-sensing scanners (with numbers inside of computerization. Jim has encouraging news on the circles -- voters pencil in the appropriate circles); bar- Technology Committee's work. code stickers to be placed by candidates' names; and hand- As soon as we propose preference voting (also known as written ballots read by optical character recognition. the "single transferable vote") to local governments or The bottom line is that logistical concerns soon will no private organizations for their elections, we find that they longer be an impediment to adoption of PV. That's great are concerned about the logistics of the PV election process. news to those of us who believe that PV is the fairest voting How do people vote? How is the vote counted? Will it be system for local and private elections. too complex? Too expensive? Take too long? We must be able to "slam-dunk" these questions. The vote must be easy for voters and for election boards, the For a summary of the vendors interested in PV, local equipment must be affordable and the election count must government officials should call CV&D at 202-882-7378. be fast. It is the task of the CV&D Technology Committee, which I chair, to answer these questions. The Voting and Democracy Index Last November, we developed a RFP (request for F Number of times in last 20 years of Gallup polling that proposal) and sent it to the 18 companies that are listed by approval of Congress has reached 50%: 0 times. Percent of the Federal Election Commission as supplying election Congress a citizen controls with his/her votes: 0.5%. equipment and to several other companies. We already have located 8 companies interested in F Percent of vote won in Salerno by the Salerno Progress supporting PV and expect to identify more. Five companies party in December 1993 Italian municipal elections, which provide electronic voting booths; the others have a scanning used winner-take-all for the first time: 19.6%. Percent of city system, a punch card system and vote-counting software. council seats won by Salerno Progress party: 60%. The cost of these systems appears to be competitive with F Percent of electoral college votes won in 1992 in states traditional voting technologies. that Bill Clinton or George Bush won with over 50%: 1.1%. Electronic Voting Booths probably are the most Percent of Americans who favor abolishing the electoral attractive technology for PV. One example of how they college for presidential elections: 73%. could work is as follows. A voter would touch the name on F Percent of successful efforts to repeal preference voting a screen of their favorite candidate, and a "1" would appear for city council elections around the U.S., 1917-1946: 8%. by the candidate's name. The voter then would Percent of successful repeal efforts from 1947-1961, after touch their second favorite candidate's name, a "2" would communists won seats on New York City council: 70%.

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