Subject: Re: question about voting rights act and run-off primaries
From: Rob Richie
Date: 4/25/2006, 6:42 PM
To: election-law@majordomo.lls.edu

<x-flowed>Just to add a couple twists to this analysis, there are different ways of measuring the impact of going to a majority vote requirement. Not all would suggest it's regressive.

The one that Brian and Mark are measuring is whether a candidate backed by a racial minority might be able to win in a white-majority electorate with a plurality of the vote, but not a majority. This indeed can happen, and there are a lot more white-majority electorates out there than majority-minority ones.

But in a majority-minority electorate, a majority requirement in fact can protect the voting rights of the racial minority that is a majority in that district. Indeed, the existence of runoffs were key three African Americans winning newly-created African-American majority districts in 1992 (Eva Clayton in North Carolina, Sanford Bishop in Georgia and Alcee Hastings in NC -- all trailed white candidates by at least 7% after the first round).

Of course the fact that African Americans don't win a heckuva lot of white-majority electorates, either by majority or plurality. We've had one African American governor in well over a century, and we've had three African-American U.S. Senators. But looking at it from the perspective of racial minorities as voters, one thing that a majority requirement can promote is the winning candidate needing to reach out to more voters. Indeed supporters of inclusive government overseas will often suggest majority methods for this reason -- a recent example is the adoption of instant runoff voting in Papua New Guinea for its parliamentary elections, replacing plurality voting.

There is a significant difference between traditional two-round delayed runoffs and one-round instant runoffs. The latter is all the more likely to promote reaching out to different groupings of voters, as they avoid the polarization that can come with one-on-one campaigns. They also make it easier for candidates who have less access to campaign funds and less ability to mobilize voters twice for two different elections - both two of the most important objections to traditional runoffs in voting rights cases.

For more on these issues, see a report by FairVote (then the Center for Voting and Democracy). It has yet to be moved over from our old website at:
http://www.fairvote.org/irv/bullock.htm

- Rob Richie

At 07:05 PM 4/25/2006, Brian Landsberg wrote:
This would be a majority vote requirement.  A switch from plurality to
majority vote requirement is a paradigmatic method of submerging the
voting rights of minorities.  It would be subject to Section 5 review
under the VRA.

>>> richardwinger@yahoo.com 4/25/2006 3:37:25 PM >>>
I am not very well informed about the voting rights
act.  Can anyone who is, help me with this question?

Is there any precedent that suggests that if a state
which does not now have a run-off primary were to
institute one, and this state is a covered
jurisdiction, would this state have a problem with the
Voting Rights Act if it tried to implement a run-off
partisan primary?

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Rob Richie
Executive Director

F a i r V o t e
The Center for Voting and Democracy
6930 Carroll Avenue, Suite 610
Takoma Park, MD 20912
www.fairvote.org
rr@fairvote.org
(301) 270-4616


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