[identity profile] sandwichwarrior.livejournal.com posting in [community profile] talkpolitics
So I was trawling YahooNews when this caught my eye...

Although the village of about 30,000 residents is nearly half Hispanic, no Latino had ever been elected to any of the six trustee seats, which until now were chosen in a conventional at-large election. Most voters were white, and white candidates always won.

Federal Judge Stephen Robinson said that violated the Voting Rights Act, and he approved a remedy suggested by village officials: a system called cumulative voting, in which residents get six votes each to apportion as they wish among the candidates.


Personally I see two signifigant problems...

First off, unless the majority of voters start splitting their votes (2 for one canidate 4 for another) the results are going to be the same as if each resident had cast only a single ballot.

Secondly, the underlying premise seems inherently bigoted to me. It's as if someone came along and said "not enough Hispanics are voting so give the Hispanics that do vote an extra ballot(or 5)" wich shoots the whole idea of "equal representation" in the foot.

So is there anyone out there who sees this as a good Idea?

How would you go about rectifying such an issue?

Is there even an issue to rectify? (for all we know, the Hispanic canidates who did run were terrible)



Edit/Clarification:
I understand that everyone in the municipality recieves 6 votes, not just Hispanics. See the 1st of my two "signifigant problems", namely

unless the majority of voters start splitting their votes (2 for one canidate 4 for another) the results are going to be the same as if each resident had cast only a single ballot.

But there is an implied assumption on the part of the judge that Hispanics would not vote for a Non-Hispanic. and that rather than try to figure out why no Hispanics were getting elected. (for all we know, the Hispanic canidates who did run were terrible) He decided that he could change the rules game to favor his preconcieved notions.

Hmmm...
A clarification that is almost as long as the OP; I suppose that's what I get for posting in a rush.

(no subject)

Date: 16/6/10 21:22 (UTC)
From: [identity profile] tridus.livejournal.com
I didn't realize that the voting rights act included provisions on what the desired outcome of an election is. Last time I checked, the goal was to set up systems where votes are fairly counted, and the people who get the most votes win.

This sounds more like social engineering more then a serious ruling. "Damn voters won't elect who we want them to, change the system!"

(no subject)

Date: 17/6/10 00:53 (UTC)
From: [identity profile] ghoststrider.livejournal.com
Yeah this is pretty much exactly what I saw.

(no subject)

Date: 17/6/10 15:45 (UTC)
From: [identity profile] a-new-machine.livejournal.com
I didn't realize that the voting rights act included provisions on what the desired outcome of an election is.
Oh, it's definitely there. A lot of the crazier districts out there are actually created because the VRA requires a certain percentage of "minority-majority districts," or districts in which minority groups form a voting plurality (at the least). The AG can bring suit if that's not done. It's all a big clusterfuck IMO.

(no subject)

Date: 16/6/10 21:29 (UTC)
ext_36286: (etc // got something for ya!)
From: [identity profile] allisnow.livejournal.com
Federal Judge Stephen Robinson said that violated the Voting Rights Act

Because white people were winning?

(no subject)

Date: 16/6/10 21:30 (UTC)
From: [identity profile] sgiffy.livejournal.com
Secondly, the underlying premise seems inherently bigoted to me. It's as if someone came along and said "not enough Hispanics are voting so give the Hispanics that do vote an extra ballot(or 5)" wich shoots the whole idea of "equal representation" in the foot.

The way I understand it everyone gets six votes, not just Hispanics. You can then vote once for six candidates or six times for one. I am not sure if I am a big fan, but it is not undemocratic and it certainly doesn't give anyone more votes than any other. Many corporate boards are elected that way and its somewhat common in other countries.
http://en.wikipedia.org/wiki/Cumulative_voting

(no subject)

Date: 16/6/10 21:38 (UTC)
From: [identity profile] chemchick.livejournal.com
Yeah. Everyone gets six votes. Not just the hispanics.

(no subject)

Date: 16/6/10 22:09 (UTC)
From: [identity profile] sgiffy.livejournal.com
This was also the plan put forth by the village. The Feds wanted districts.

(no subject)

Date: 17/6/10 00:38 (UTC)
From: [identity profile] chemchick.livejournal.com
I'm not disagreeing with your stance that this seems a bit strange. Just agreeing that this doesn't give Hispanics more votes than other voters.

(no subject)

Date: 16/6/10 21:36 (UTC)
From: [identity profile] thinkatory.livejournal.com
Seems to me the article didn't get to the heart of the issue, why they were actually implementing it -- it seems to be implied that Hispanic candidates were being edged out on technicalities and the like AND that in-person early voting and bilingual ballots didn't exist in the area, thus the invocation of the Voting Rights Act.

I'm with you, though, I'm not sure how this is going to help them any. In-person early voting and GOTV efforts seem more likely to help. Trying to have the few Hispanic voters they've got equal out the representation by giving them more votes just sounds like more work than doing a bilingual GOTV.

(no subject)

Date: 16/6/10 21:47 (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
I'm not even sure how one man six votes is Constitutional.

(no subject)

Date: 16/6/10 22:08 (UTC)
From: [identity profile] sgiffy.livejournal.com
Please cite to where the Constitution requires a particular type of electoral system for municipalities.

(no subject)

Date: 16/6/10 22:18 (UTC)
From: [identity profile] sgiffy.livejournal.com
Where is here:
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
does it say anything about elections. If anything this would require other states to recognize the elected leadership of other states(Public Acts) regardless of how they were elected unless congress had legislated otherwise.

(no subject)

Date: 16/6/10 22:23 (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
Like I said, I'm not sure. I can't imagine this holding up, though.

(no subject)

Date: 16/6/10 22:27 (UTC)
From: [identity profile] sgiffy.livejournal.com
Other cities have very similar systems along with others that have instant runoff voting, or other different systems. Equal protection is not implicated since everyone has the same six votes.

I don't see anything in the constitution that would prevent something like this.

(no subject)

Date: 17/6/10 00:47 (UTC)
From: [identity profile] chemchick.livejournal.com
There's nothing in the Constitution that prevents this from happening.

(no subject)

Date: 16/6/10 22:27 (UTC)
From: [identity profile] debergerac.livejournal.com
one man six votes has been legal in chicago for years...

(no subject)

Date: 17/6/10 14:00 (UTC)
From: [identity profile] debergerac.livejournal.com
chicago follows its own constitution.

(no subject)

Date: 16/6/10 22:45 (UTC)
From: [identity profile] enders-shadow.livejournal.com
Jeff, you keep using that word, "Constitutional"

I do not think it means what you think it means.

(no subject)

Date: 16/6/10 23:26 (UTC)
From: [identity profile] enders-shadow.livejournal.com
And what credentials do *YOU* possess in regards to the constitution?

Are you some constitutional law scholar, or just some 20-something who thinks he knows everything?

Pot meet kettle.......

Date: 16/6/10 23:51 (UTC)
From: [identity profile] geezer-also.livejournal.com
Altho he isn't, but, I'm sorry, I haven't had that good a laugh in a long time, or yesterday, actually.

(no subject)

Date: 16/6/10 23:58 (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
I possess no credentials other than heavy research. I'm sure that, if it were an area I'd want to seriously pursue, I'd be able to do so.

(no subject)

Date: 16/6/10 22:48 (UTC)
From: [identity profile] mrbogey.livejournal.com
Constitutional though the reasoning is ghastly. No one could put it forth and still claim to respect democracy.

(no subject)

Date: 17/6/10 00:54 (UTC)
From: [identity profile] ghoststrider.livejournal.com
The Constitution says nothing about the exact method of elections, only that they must occur. Cumulative voting is perfectly acceptable under the Constitution.

Now if it holds up against the bazillions of other laws, regulations, ordinances, legal precedents, conventions, and opinions, that's another story.

(no subject)

Date: 17/6/10 00:56 (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
Yeah, I always assumed the one vote thing was just there. Go figure.

I wonder if anyone's tried to challenge it.

(no subject)

Date: 17/6/10 01:31 (UTC)
From: [identity profile] ghoststrider.livejournal.com
I've heard of "One Man, One Vote," but I think that's just a Supreme Court legal opinion, not an actual law or Constitutional article.

(no subject)

Date: 17/6/10 03:11 (UTC)
From: [identity profile] rasilio.livejournal.com
Technically the Constitution doesn't even guarantee you a right to vote, it only says you cannot be barred from voting for certain specific reasons and that voting laws must apply to all equally.

For example, a state could (especially if it had a very small minority population) pass a law stating that recipients of government welfare payments may not vote and it would be perfectly Constitutional.

Basically as long as you do not deny the right to vote for one of the handful of reasons specifically enumerated (race, religion, gender, etc.) reasons and the law does not artificially target specific individuals or groups you can have any method of voting and any definition of who is allowed to vote that you wish under the Constitution.

(no subject)

Date: 17/6/10 03:15 (UTC)
From: [identity profile] badlydrawnjeff.livejournal.com
Yeah, like with felons in some areas.

(no subject)

Date: 17/6/10 15:48 (UTC)
From: [identity profile] a-new-machine.livejournal.com
A professor made a compelling argument that a Congressional rule requiring only 1 vote in favor of a bill to support passage would be entirely constitutional (excepting the required votes, like votes for recording, veto override, etc.). This certainly works, constitutionally.

Just wondering...........

Date: 17/6/10 00:04 (UTC)
From: [identity profile] geezer-also.livejournal.com
How is this different from trying to impose a quota system?

Re: Just wondering...........

Date: 17/6/10 05:50 (UTC)
From: [identity profile] fizzyland.livejournal.com
It looks like an attempt to game the system, I can't believe it will stand up to any kind of challenge.

(no subject)

Date: 17/6/10 00:53 (UTC)
From: [identity profile] the-rukh.livejournal.com
I don't see any claims of vote fraud, which obviously would be a problem. Other than that, the only issue I see is why aren't hispanics voting. That's an issue that needs to be fixed, but that's the only issue that needs fixed.

From the article- the early voting helps, and maybe this at the very least raises awareness, so that's good. But I really don't understand how the 6 vote things helps.

"FairVote said cumulative voting allows a political minority to gain representation if it organizes and focuses its voting strength on specific candidates."

You can do that with one vote too.

"All such materials — the ballot, the brochures, the TV spots, the reminders sent home in schoolkids' backpacks — had to be approved in advance, in English and Spanish versions, by the Department of Justice. "

This is the sort of thing that actually helps.

I'm really trying to understand how this makes things better, but I just don't see it.

(no subject)

Date: 17/6/10 01:00 (UTC)
From: [identity profile] ghoststrider.livejournal.com
What they should do to repair elections isn't by implementing cumulative voting; what they should do is institute mail-in voting so nobody has to wait in lines or worry about missing something else, and then institute approval voting (http://www.approvalvoting.org/), so we can ditch the "wasted vote syndrome" (which I never really put stock in in the first place) and hopefully clean up our elections.

Unfortunately, that is precisely why it will never be adopted.

(no subject)

Date: 17/6/10 04:38 (UTC)
From: [identity profile] headhouse.livejournal.com
Can't wait to see the nightmare that'll develop if anyone demands a recount.

(no subject)

Date: 17/6/10 11:50 (UTC)
From: [identity profile] eracerhead.livejournal.com
That's six chances to win!!!!

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