Minnesota: Minneapolis IRV plan may violate state constitution
The Minneapolis Star-Tribune reports: 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' instant-runoff voting plan may be unconstitutional
Comments
The Minnesota Attorney General letter does not say IRV is unconstitutional and the article in the Star Tribune mischaracterizes the analysis in the letter.
The AG letter references a previous AG opinion that raised questions about the constitutionality of IRV – but did not conclude that IRV is unconstitutional – given the precedent of a 1915 Minnesota case in which a very different ranked ballot voting method, called the Bucklin system, was found unconstitutional because it had the effect of giving some voters the weight of more than one vote relative to other voters and of a voter's first choice possibly being hurt by his or her second choice.
Neither of these effects is true for Instant Runoff Voting, which has been found constitutional in a 1975 case in Michigan as upholding the constitutional principle of one person, one vote.
The Bucklin system is reviewed in comparison to IRV in a 2002 Bench and Bar article by Paul Landskroener and Tony Solgard.
See: http://www2.mnbar.org/benchandbar/2002/oct02/voting.htm
Jeanne Massey
Executive Director
FairVote Minnesota
www.fairvotemn.org
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September 24, 2007 12:42 PM