[EM] New MN court affidavits etc. (correction)

Kathy Dopp kathy.dopp at gmail.com
Sat Nov 8 19:30:26 PST 2008


On Sat, Nov 8, 2008 at 1:34 PM,
<election-methods-request at lists.electorama.com> wrote:
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>> From: Abd ul-Rahman Lomax <abd at lomaxdesign.com>
> Subject: Re: [EM] New MN court affidavits etc. (correction)

> (1) Brown v. Smallwood outlawed preferential voting, period, in
> Minnesota. Part of the current problem is that FairVote made a highly
> suspect interpretation that tried to assert BvS as being only about
> Bucklin, not about a sequential elimination method like IRV. This was
> based on a comment in BvS that was practically dicta. Other parts of
> BvS made it very clear that casting multiple votes in a single
> election was considered unconstitutional by that court.
>

Abd ul,

>From what I can tell, having read all of the affidavits and responses
of the plaintiffs (but not being an attorney), the case against IRV is
only in very small part based on BvS, and is based more on the
requirements of the US and Minnesota constitutions that IRV/STV
violate.

It may be very likely that BvS could be overturned, yet IRV/STV still
declared unconstitutional on grounds that would *not* apply to most
other alternative voting methods.

Kathy



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