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

National Civic Review, No. 84, p. 66, 1995

University of Memphis Legal Studies Research Paper No. 110

7 Pages Posted: 10 Aug 2011

See all articles by Steven J. Mulroy

Steven J. Mulroy

University of Memphis - Cecil C. Humphreys School of Law

Date Written: August 10, 2011

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.

Suggested Citation

Mulroy, Steven J., Limited, Cumulative Evidence: Divining Justice Department Positions on Alternative Electoral Schemes (August 10, 2011). National Civic Review, No. 84, p. 66, 1995; University of Memphis Legal Studies Research Paper No. 110. Available at SSRN: https://ssrn.com/abstract=1907877

Steven J. Mulroy (Contact Author)

University of Memphis - Cecil C. Humphreys School of Law ( email )

One North Front Street
Memphis, TN 38103-2189
United States

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