Minnesota's top court to hear Ranked Choice
(Instant Runoff) Voting case, May 13
MINNEAPOLIS – Next week the
Minnesota Supreme Court will hear arguments in the case Minnesota Voters
Alliance v. The City of Minneapolis and FairVote Minnesota.
When: May
13, 9:00 - 10:00 am
Where: Courtroom
300, Minnesota, Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St.
Paul.
In 2006, Minneapolis
voters approved the use of Ranked Choice Voting (aka Instant Runoff Voting) by
a nearly 2-to-1 margin, 65 percent to 35 percent. The implementation of
Ranked Choice Voting (RCV) in Minneapolis
was challenged in Minnesota
Voters Alliance v
City of Minneapolis
(27-cv-08-15) filed in Hennepin County District Court in December 2007.
FairVote Minnesota,
a non-partisan advocacy group, intervened in the case to join Minneapolis
as a co-defendant. James Dorsey and Nicole Moen of the Fredrikson & Byron
law firm and Keith Halleland of the Halleland, Lewis, Nilan and Johnson law
firm serve as lead co-counsel in the case.
“We
welcomed the decision by the Court to move quickly to settle this case,” said Jeanne
Massey, executive director of FairVote Minnesota.
“We fully expect that the Supreme Court will affirm Judge McGunnigle’s decision
that RCV is supported by the Minnesota and the United States Consitutions and that Minneapolis can move forward in using this
voting method for municipal elections beginning this November.
In a 30
page ruling rejecting the lawsuit, Judge McGunnigle wrote, “The City of Minneapolis has an
important interest in respecting the democratic process, and the citizens of
Minneapolis democratically voted for IRV by referendum” and concluded that the
plaintiffs “have failed to demonstrate that IRV is either unconstitutional or
contrary to public policy”.
The
District Court decision was consistent with the outcomes of similar cases in
other states, most notably Johnson v City of New York
(1937) Moorev Election Commissioners of Cambridge
(1941) and Stephenson v Ann Arbor
Bd. of Canvassers (1975). In each case, RCV
was upheld under the state constitution and/or election laws.
RCV
is in use in several jurisdictions across the country
and Minneapolis
is poised to begin using this voting method in November for municipal
elections. Additional cities may soon follow, in Saint Paul where a local
referendum is slated to be on the ballot this year and in Duluth,
where a referendum campaign has begun.
FairVote Minnesota
was founded in 1996 to work for better democracy through public education and
advocating progressive voting systems that lead
to greater competitiveness, better representation and more participation.
NOTE
TO EDITORS AND PRODUCERS: FairVote Minnesota
representatives below are available to Twin Cities news organizations to
provide additional perspective on next week’s hearing and other issues related
to RCV. Click herefor
background on the court case and here
for more information about Ranked Choice Voting.
James
Dorsey, lawyer, Fredrikson & Byron. 612-492-7079