Equal Voting Weight of All: Finally 'One Person, One Vote' from Hawaii to Maine?

Posted: 2 May 2009

See all articles by Jurij Toplak

Jurij Toplak

University of Maribor - Faculty of Law; European Election Law Association

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Abstract

The 'one person, one vote' rule requires districts within states to have precisely equal populations. However, the populations of districts differ from state to state, varying from under 500,000 to over 900,000 people. The cause lies in the so-called method of apportionment. Through history, several different methods have been used, but all have failed to allocate to states their exact and fair share of representation. This article challenges this systemic distortion of the 'one person, one vote' principle by inviting readers to consider a weighted voting model that distributes the states' power in the House of Representatives exactly 'according to their Numbers'. The application of this model would result in an exact mathematical equality of each vote's weight regardless of the voter's state of residence. The article also suggests why the courts may even find the model to be a constitutional imperative.

Keywords: apportionment, reapportionment, one person, one vote

JEL Classification: D72, K3, D7, D3, D39

Suggested Citation

Toplak, Jurij, Equal Voting Weight of All: Finally 'One Person, One Vote' from Hawaii to Maine?. Temple Law Review, Vol. 82, 2009. Available at SSRN: https://ssrn.com/abstract=1019712

Jurij Toplak (Contact Author)

University of Maribor - Faculty of Law ( email )

Slovenia

European Election Law Association ( email )

Turkey

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