- What do you think of this lawsuit? Kathy
---------- Forwarded message ---------- From: Raging Grannie (Wanda B) <[EMAIL PROTECTED]> Date: Dec 22, 2007 8:19 PM Subject: FYI - FairVote MN Responds to Lawsuit Against IRV go to <http://fairvotemn.org>FairVoteMN.org if you have trouble viewing this newsletter \"FairVote [] For immediate release Contact: Kelly O’Brien, <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED], 612-227-9102 Jeanne Massey, <mailto:[EMAIL PROTECTED]>[EMAIL PROTECTED], 763-807-2550 FairVote Minnesota Responds to Lawsuit Against Instant Runoff Voting Minneapolis, MN (December 20, 2007)—FairVote Minnesota, a nonprofit, nonpartisan organization leading the effort to institute instant runoff voting in Minnesota, is issuing a response to news of a lawsuit brought against the City of Minneapolis and various elected officials by an Eden Prairie-based organization that is opposed to the pending use of instant runoff voting (a.k.a. single transferable vote or ranked choice voting) in the City of Minneapolis. The lawsuit alleges that instant runoff voting (IRV) is unconstitutional and violates the principle of “one person, one vote.†Additionally, the plaintiffs contend that voters won’t understand how to vote using instant runoff voting. FairVote Minnesota presents the following facts as guidance in the discussion of this lawsuit. 1. IRV has been upheld on the principle of "one person, one vote" in legal challenges following its adoption in Cambridge, Mass. (Moore v. Election Commissioners of Cambridge (1941) and in Ann Arbor, Mich. (Stephenson v. Ann Arbor Board of Canvassers (1975). Sources: <http://www.rwinters.com/docs/moore.htm>http://www.rwinters.com/docs/moore.htm; http://www.fairvote.org/library/statutes/legal/irv.htm 2. No legal challenges are threatening instant runoff voting anywhere it's in use—San Francisco, Calif.; Cambridge, Mass.; Burlington, Vermont; Takoma Park, Maryland and Cary and Hendersonville, North Carolina. 3. Election exit polls in cities using IRV all show voters in overwhelming numbers not only understand IRV, but prefer it to the old way of voting. The share of voters indicating they understood IRV well or very well the first time using IRV: San Francisco – 87%, Burlington – 89%; Takoma Park – 88%; 8%; Cary – 95%; Hendersonville – 86%. <http://www.fairvotemn.org//sites/fairvotemn.org/files/Exit%2520Survey%2520Summary_2007_FINAL.doc>http://www.fairvotemn.org/sites/fairvotemn.org/files/Exit%20Survey%20Summary_2007_FINAL.doc 4. As discussed in an opinion piece in the September 30, 2007 Star Tribune by attorney and professor David Schultz, the 1915 legal case cited in the lawsuit, Brown v. Smallwood, was not about instant runoff voting. It was about a voting method that effectively gave Duluth citizens two votes in some situations, a clear violation of both the Minnesota and United States constitutions. The concern of that decision was based on what the courts now call the "one person, one vote" standard. IRV does not violate this standard because it does not give anyone two votes. It simply allows voters to rank their preferred candidates. 5. Schultz further explained that since 1915 American democracy has matured. The political process now seeks to provide more choices for voters than it once did, as evidenced by numerous ballot access court decisions that have made it possible for third party candidates such as Jesse Ventura to run for office. The courts, mindful of voters’ demands for more options when voting, have properly responded to the demand of citizens in interpreting election laws to empower and not limit options on election day. 6. The lawsuit’s plaintiffs advocate to keep low-turnout municipal primaries and to make them partisan to ensure all parties are represented on the ballot. However, IRV shares the goal of ensuring choice on the ballot. In fact, it makes sure that all candidates appear on the general election ballot, regardless of party. With IRV, no candidate can be eliminated in a low-turnout election whose chances might be different in a general election. The following are suggested sources for further information on instant runoff voting. Prof. David Schultz, Hamline University. 651-523-2858 Rob Richie, executive director, FairVote (national). 301-270-4616 Tony Solgard, former president, FairVote Minnesota. 612-242-5642 Jeanne Massey, executive director, FairVote Minnesota. 612-850-6897 Council Member Elizabeth Glidden, chair of Minneapolis elections committee. 612-673-2208 Steven Hill, director, Political Reform Program, New America Foundation. 415-810-2701, or office 415-665-5044 Municipal Voting System Reform: Overcoming the Legal Obstacles by Tony Solgard and Paul Landskroener in Bench & Bar of Minnesota, October 2002: www2.mnbar.org/benchandbar/2002/oct02/voting.htm <http://www.fairvotemn.org>www.fairvotemn.org www.fairvote.org (national) ### ACTION: WRITE A LETTER TO THE EDITOR Let Star Tribune and Pioneer Press readers know that Instant Runoff Voting is constitutional and why you support it! Send letters to Star Tribune: By e-mail:<[EMAIL PROTECTED]> [EMAIL PROTECTED] By mail: Editorial Department, Star Tribune, 425 Portland Ave., Minneapolis, MN 55488 By fax: 612-673-4359 Articles: <http://www.startribune.com/politics/state/12665581.html>Rochelle Olson: Instant runoff voting has its first hurdle - a lawsuit <http://www.startribune.com/local/12659276.html>Steve Karnowski: Lawsuit challenges Minneapolis instant runoff voting system Send letters to Pioneer Press: By e-mail: <[EMAIL PROTECTED]>[EMAIL PROTECTED] By mail: Pioneer Press, 345 Cedar Street, St. Paul, MN 55101 By fax: (651) 228-5564. Articles: <http://www.twincities.com//ci_7773789?IADID=Search-www.twincities.com-www.twincities.com>Steve Karnowski: Lawsuit challenges Minneapolis instant runoff voting system \"Make <http://www.mapquest.com/maps/map.adp?formtype=address&addtohistory=&address=75%20Rev%20Dr%20Martin%20Luther%20King%20Jr%20Blvd&city=Saint%20Paul&state=MN&zipcode=55155%2d1605&country=US&geodiff=1>Donate Now! [] <http://www.fairvotemn.org//contact/contact.html>FairVote MN Privacy Policy <http://fairvotemn.org>FairVote Minnesota PO Box 19440 Minneapolis, MN 55419-0440 <[EMAIL PROTECTED]>[EMAIL PROTECTED] (763) 807-2550 -- Kathy Dopp The material expressed herein is the informed product of the author Kathy Dopp's fact-finding and investigative efforts. Dopp is a Mathematician, Expert in election audit mathematics and procedures; in exit poll discrepancy analysis; and can be reached at P.O. Box 680192 Park City, UT 84068 phone 435-658-4657 http://utahcountvotes.org http://electionmathematics.org http://electionarchive.org History of Confidence Election Auditing Development & Overview of Election Auditing Fundamentals http://electionarchive.org/ucvAnalysis/US/paper-audits/History-of-Election-Auditing-Development.pdf Vote Yes on HR811 and S2295 http://electionmathematics.org/VoteYesHR811.pdf Voters Have Reason to Worry http://utahcountvotes.org/UT/UtahCountVotes-ThadHall-Response.pdf "Enlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day," wrote Thomas Jefferson in 1816 ---- Election-Methods mailing list - see http://electorama.com/em for list info
