[Winona Online Democracy]
Craig asked that I forward my message to him to the forum. Ruth
----- Original Message -----
From: Craig Brooks
To: Ruth Marg
Sent: Saturday, September 22, 2007 4:24 AM
Subject: Re: [Winona] Instant Runoff Voting Legal Challenges
would you send this to the whole group or I could forward it. You make good
points and provide useful info.
Craig
----- Original Message ----
From: Ruth Marg <[EMAIL PROTECTED]>
To: Craig Brooks <[EMAIL PROTECTED]>
Sent: Friday, September 21, 2007 5:18:10 PM
Subject: Re: [Winona] Instant Runoff Voting Legal Challenges
Craig you asked if Winona School Board could go to district wide seats. If the
law hasn't changed it is up to the board to decide if they want district wide
representation by each board member. Quite some time ago when the two extra
seats where added they added as at-large members. The talk at that time was if
all seats were at large, only the people of the city of Winona might be
represented because outlying areas had smaller populations and probably
couldn't win a seat. They divide the district up by population. Lots of
this was at the time of closing schools in rural areas and citizens felt that
not only would they lose their school but also the vote. Ruth Marg
----- Original Message -----
From: Craig Brooks
To: WOD
Sent: Thursday, September 20, 2007 9:21 AM
Subject: [Winona] Instant Runoff Voting Legal Challenges
[Winona Online Democracy]
I still support going to IRV for our elections. Having it tested out in
Mpls. would be very useful. I hope this challenge fails.
Does anyone know if our School Board can go to all seats being district wide
instead of having most be representing only specific geographic areas? If that
could happen, I really think IRA would work well for School Board elections.
It could save time and money by not needing to have a Primary. What do you
think?
Craig Brooks
**************************************
Minneapolis' instant-runoff voting plan may be unconstitutional
Debate rages over whether a 1915 Duluth precedent poses constitutional issues
for the method passed by Minneapolis voters.
By Steve Brandt, Star Tribune
Last update: September 19, 2007 – 11:21 PM
Minneapolis voters have approved a plan for instant-runoff voting, but the
state constitution may not allow it, according to a new attorney general's
opinion.
The opinion, obtained by the Star Tribune, doesn't explicitly say the
Minneapolis system of ranking candidates in order of preference is
unconstitutional.
But it concludes that if the closest case to a precedent is followed,
instant-runoff voting probably isn't permitted by the state constitution.
The voting method requires voters to rank candidates in order of preference.
If no candidate gains a majority, the lowest candidate is dropped and the
second-place votes cast by supporters of that candidate are added to the
remaining candidates. The process continues until one candidate gains a
majority.
Minneapolis voters approved the change in 2005, and city officials have been
trying to institute it for the 2009 city election.
The new opinion fans a debate that had already been raging between supporters
and opponents of instant runoff.
Opponents have threatened a legal challenge, citing a 1915 Minnesota Supreme
Court case that struck down a Duluth system that also ranked voters.
Minneapolis, Duluth differences
But supporters, such as Roseville lawyer Bruce Kennedy, say there are
important distinctions between the Minneapolis approach and the Duluth method
struck down by the court.
In Minneapolis, when the first-place votes of those supporting the
lowest-ranking candidate are eliminated, they are replaced one-for-one by their
second-choice votes. In Duluth, the second-choice votes were added to the
first-choice votes.
The latter approach effectively gave some voters more weight than others, the
court said in finding the Duluth provision unconstitutional.
Andrew Cilek, an opponent trying to challenge the Minneapolis system, called
the opinion "interesting. We feel the same way."
The attorney general's opinion also finds statutory issues with
instant-runoff voting.
It said that although cities with their own charters such as Minneapolis have
substantial authority, other law preempts local charter power when it comes to
general elections.
'Interested in what the courts say'
It also suggests that the secretary of state's office needs to adopt rules to
permit experimental use of instant runoff.
Secretary of State Mark Ritchie said the attorney general's response went
beyond the questions he posed about procedures for instant runoff. "I'm
interested in what the courts say," he said in reaction to the constitutional
warning.
In Minneapolis, Council Member Elizabeth Glidden chairs the council's
Election Committee. "We recognize that there is not perfect clarity on this
issue," she said. "We think that the body of existing law will support our
decision to use ranked-choice voting."
Meanwhile, a group of state and local election officials working to install
instant-runoff voting plans to meet again in January to consider changes to be
sought in the 2008 Legislature.
Steve Brandt • 612-673-4438
Steve Brandt • [EMAIL PROTECTED]
© 2007 Star Tribune. All rights reserved.
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