Alternative Ways Out: A Remedial Road Map for Using Alternative Electoral Systems as Voting Rights Act Remedies

59 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

In this Article, Steven Mulroy argues that jurisdictions attempting to correct minority vote dilution should employ alternative electoral systems. Such alternative voting schemes would allow jurisdictions to maximize minority votes without creating voting districts based on race, thereby avoiding the strict scrutiny analysis of Shaw v. Reno. Of the three alternative voting systems – limited voting, cumulative voting, and preference voting – the Article advocates preference voting as the best of the three because it maximizes proportionality of representation and the incentive for cross-racial and other coalitions while minimizing the problems of strategic voting and intra-group competition. Finally, the Article finds alternative voting systems particularly appropriate in judicial election cases because such systems can serve a jurisdiction’s “linkage” interest.

Suggested Citation

Mulroy, Steven J., Alternative Ways Out: A Remedial Road Map for Using Alternative Electoral Systems as Voting Rights Act Remedies (August 10, 2011). North Carolina Law Review, Vol. 77, p. 1867, 1998; University of Memphis Legal Studies Research Paper No. 104. Available at SSRN: https://ssrn.com/abstract=1907895

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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