Category Archives: cumulative voting

“Limited, Cumulative Evidence: Divining Justice Department Positions on Alternative Electoral Schemes”

Steven Mulroy has posted this draft on SSRN (National Civic Review).  Here is the abstract:

The Department of Justice has never explicitly stated a policy regarding the appropriateness of alternative, non-district electoral systems, such as limited voting, cumulative voting, or preference voting, to remedy minority vote dilution under the Voting Rights Act, except to say that they may be appropriate in certain circumstances to correct the problem of under-representation of minorities. However, an examination of the Department’s administrative preclearance determinations, and the position taken during litigation, reveals certain patterns in Department treatment of these issues. Specifically, the Department supports the use of such systems, provided that the minority group is sufficiently numerous to make use of them, and provided that a sufficiently ambitious voter education program is used to ensure that voters understand them.

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Port Chester Voting Rights Case Ends Not with a Bang But a Whimper

The Second Circuit has held that Port Chester waived its appeal.  Via email I received this statement from Mike Carvin, an attorney for the village:

Statement from Michael A. Carvin, Jones Day
Counsel for Village of Port Chester

Today, the U.S. Court of Appeals for the Second Circuit issued an order granting the Department of Justice’s motion to dismiss the Village of Port Chester’s appeal.  Port Chester sought to appeal the District Court’s finding that Port Chester’s at-large voting system for electing its Board of Trustees violated Section 2 of the Voting Rights Act.  In a two-sentence decision, the Second Circuit held that Port Chester had waived its right to appeal.

We obviously disagree with this ruling and are disappointed with this result.  We will be consulting with the Board of Trustees concerning this decision.

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