[EM] Proportional, Accountable, Local (PAL) representation: isn't this a big deal?

Jameson Quinn jameson.quinn at gmail.com
Tue Oct 25 19:59:03 PDT 2011


2011/10/25 Kathy Dopp <kathy.dopp at gmail.com>
>
> > From: Jameson Quinn <jameson.quinn at gmail.com>
>
> > Here's some discussion of PAL representation's legality in the
> > US<
http://wiki.electorama.com/wiki/PAL_representation#Note_on_legality_in_US>.
> > A state could pass a law to use FMV (a true proportional system) until
the
> > anti-PR federal law is repealed, then automatically switch to PAL
> > representation (an easy and smooth transition; FMV was a major
inspiration
> > for PAL). Basically, I think it's an important fact that FMV is the only
> > known proportional system *compatible with current US federal law*.
(There
> > are no US constitutional barriers to PR, just federal law).
> >
>
> Jameson,
>
> I believe the federal law applies only to federal elections. Thus a
> state could allocate its state legislative seats proportionately in
> any fair way that did not violate other laws.  In general, Congress
> only passes electoral laws pertaining to federal elections. Isn't that
> so?

No.

Constitution:

The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature
thereof; *but the Congress may at any time by Law make or alter such
Regulations*, except as to the Place of Chusing Senators.


Federal law:

 Public Law 90-196

90th Congress

An Act



For the relief of Doctor Ricardo Vallejo Samala and to provide for
congressional redistricting.



Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,



That, for the purposes of the Immigration and Nationality Act, Doctor
Ricardo Vallejo Samala shall be held and considered to have been lawfully
admitted to the United States for permanent residence as of August 30, 1959.


In each State entitled in the Ninety-first Congress or in any subsequent
Congress thereafter to more than one Representative under an apportionment
made pursuant to the provisions of subsection (a) of section 22 of the Act
of June 18, 1929, entitled 'An Act to provide for apportionment of
Representatives' (46 Stat. 26), as amended, there shall be established by
law a *number of districts equal to the number of Representatives* to which
such State is so entitled, and Representatives shall be elected only from
districts so established, *no district to elect more than one Representative
* (except that a State which is entitled to more than one Representative and
which has in all previous elections elected its Representatives at Large may
elect its Representatives at Large to the Ninety-first Congress).

>
> I did not realize that Jefferson supported a proportional system of
> electing representatives.
>
> Kathy Dopp
> http://electionmathematics.org
> Town of Colonie, NY 12304
> "One of the best ways to keep any conversation civil is to support the
> discussion with true facts."
> "Renewable energy is homeland security."
>
> Fundamentals of Verifiable Elections
> http://kathydopp.com/wordpress/?p=174
>
> View some of my research on my SSRN Author page:
> http://ssrn.com/author=1451051
> ----
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