IRV unconstitutional?

Bart Ingles bartman at
Sat Mar 9 10:33:01 PST 2002

I don't know if it would get very far, but it would be fun to see how
much press a lawsuit on behalf of a losing Condorcet candidate could
generate, on the grounds that the ballots show him preferred by a
majority to the official winner.  Or maybe it should be a class-action
suit involving the supporters of that candidate.

DEMOREP1 at wrote:
> Mr. Ossipoff wrote in part-
> There's also the federal Constitution provision requiring equal
> protection under the law, and it could be argued that uncounted
> pairwise preference votes on a pairwise ballot amount to unequal
> protection in that election.
> ---
> D- Obviously ANY election method determines a winner in a certain way.
> If there is no majority YES requirement, then all sorts of minority
> machinations can happen -- as with IRV.
> The 14th Amendment was written in 1866 when plurality winners and
> gerrymanders were business as usual.
> Good luck on any 14th Amendment Equal Protection Clause anti-IRV lawsuit  --
> taking note the EPC was used in Bush v. Gore, ___ U.S. ____ (2000).
> Some elementary education about the mere existance of having YES majorities
> and Head to Head (simple Condorcet) must NOW be done.

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