Rank Choice Voting: Constitutional Amendment Needed?

would rank choice voting require a constitutional amendment

Ranked-choice voting (RCV) is a form of voting in which voters rank candidates in order of preference. In the most common form of ranked voting, the last-place candidate is eliminated, and the voters who chose that candidate as their first choice have their votes reallocated to their second choice. This process continues until a candidate achieves a majority of votes. As of January 2023, ranked-choice voting is used in Alaska, Maine, and 53 cities and counties in the United States. However, some states, such as Mississippi and Missouri, have prohibited the use of ranked-choice voting through constitutional amendments. This has led to the question of whether implementing ranked-choice voting requires a constitutional amendment.

Characteristics Values
States that use ranked-choice voting Alaska, Maine, 53 cities and counties
States that have rejected ranked-choice voting Oregon, Mississippi, Missouri
States that have approved ranked-choice voting but not yet implemented it Nevada
States considering ranked-choice voting Montana, Colorado
Benefits of ranked-choice voting More choice, minimizes "strategic voting", discourages negative campaigning, promotes positive and inclusive elections, improves democracy, saves money
Drawbacks of ranked-choice voting More complex, may lead to unpredictable outcomes, may not work in all states or political geographies

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Jurisdictions that use ranked voting for some offices but not others

As of January 2023, ranked-choice voting is used in Alaska and Maine, in addition to 53 cities and counties, representing roughly 11 million voters. Military and overseas voters cast ranked voting ballots during federal runoff elections in Arkansas, Alabama, Georgia, Louisiana, Mississippi, and South Carolina.

Jurisdictions can also elect to use ranked voting for some offices but not others. Alaska, for instance, uses ranked voting for its general elections, while its primaries use a top-four system in which voters choose their top candidate. The top four candidates then advance to the general election.

Similarly, Nevada recently approved a ballot measure to implement nonpartisan primaries, allowing voters to choose candidates from any party. Ranked voting will be used in the subsequent general election, where voters can rank their top five candidates in order of preference. However, this system will not be used for presidential elections.

In 2021, New York City used ranked-choice voting for the first time in primary elections for 63 separate offices. The city previously used a type of ranked-choice voting called single-transferable voting for city council elections between 1936 and 1947.

Some cities in Utah, such as Salt Lake City, have implemented ranked voting to consolidate nonpartisan primaries and general elections into a single contest.

In 2009, voters in Telluride, Colorado, passed an ordinance to adopt ranked-choice voting for the next three mayoral elections if three candidates filed for the office. The system was used in the 2011 and 2015 mayoral elections.

Other cities that have used ranked-choice voting in some capacity include Vancouver, Washington; San Juan County, Washington; Clark County, Washington; Minneapolis; and various cities in North Carolina, such as Cary, Hendersonville, and Kinston.

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The impact of RCV on political geography

Ranked-choice voting (RCV) is a form of voting in which voters rank candidates in order of preference. In a contest with RCV, if no candidate earns more than 50% of the vote among first-choice ballots, the candidate finishing last is eliminated, and the ballots voters cast for the eliminated candidate are reallocated to those voters' second choices. This process of elimination and reallocation continues until one candidate earns more than 50% of the votes.

RCV has been used for local elections for decades, but its adoption as a widespread voting method would require careful consideration of its impact on political geography. RCV reforms change the outcome of who wins elections, and voters would need to adapt to a new and unfamiliar system.

For example, in Nevada, Democrats have narrowly won victories over Republicans in the past three Senate races, with serious consequences for control of the U.S. Senate. A shift to RCV in these states would dramatically change this dynamic, introducing considerable uncertainty and unpredictability. Instead of a contest between a conservative Republican and a moderate or progressive Democrat, the contest would involve candidates from across the political spectrum.

Similarly, in Colorado, Democrats routinely win state and federal elections by winning the Democratic primary and then defeating conservative candidates. RCV would make these elections more unpredictable, with a larger number of candidates and options from across the political spectrum.

RCV can also affect the political landscape by making it more likely that broadly popular candidates are elected. It would also give voters more choice, allowing them to express their preferences more fully and honestly, producing less polarized and negative political competition, and encouraging the election of women and minority candidates.

In conclusion, while RCV has the potential to bring about positive changes, such as encouraging the election of more diverse candidates and reducing political polarization, it is important to carefully consider its impact on specific political geographies. The implementation of RCV should be strategically assessed on a case-by-case basis to ensure that it aligns with the goals and values of each state or locality.

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RCV's effect on negative campaigning

Ranked-choice voting (RCV) is a process that allows voters to rank candidates for a particular office in order of preference. RCV is currently used in over 50 cities in 14 states, including Alaska, Maine, New York, San Francisco, and Minneapolis.

RCV has been shown to have a positive effect on negative campaigning. With RCV, voters do not have to worry about their votes being "wasted" on a candidate who may not win. This means that candidates are forced to abandon negative campaign tactics and focus on gaining first-choice support from their voters, as well as second and third-choice support from voters who prefer other candidates. This has resulted in friendlier campaigns and majority support in cities using RCV.

In terms of its implementation, RCV can be adopted through constitutional amendments or ballot measures. For example, in Oregon, a legislatively-referred constitutional amendment that would have adopted RCV for federal and state elections was rejected in 2024. On the other hand, Alaska enacted RCV through a ballot measure in 2020, and it was first used in a special election in 2022.

However, there are also instances where RCV has been repealed or prohibited. For instance, in 2013, the General Assembly repealed Hendersonville's RCV pilot program, and in 2024, Missouri voters approved a constitutional amendment prohibiting RCV in state elections.

Overall, RCV has the potential to reduce negative campaigning by empowering voters to rank their candidate preferences, increasing voter turnout, and promoting friendlier campaigns.

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The constitutional amendment process

The Constitution of the United States has been amended only 27 times since it was drafted in 1787. The framers of the Constitution intended for it to endure for ages, and so they made the process of amending it a difficult task. The authority to amend the Constitution is derived from Article V of the Constitution.

The Constitution provides that an amendment may be proposed in two ways. The first is by Congress, with a two-thirds majority vote in both the House of Representatives and the Senate. The second is by a constitutional convention called for by two-thirds of the state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.

Once an amendment is proposed, it must be ratified. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. The exact ratification process is not described in detail in the Constitution or in federal law, but it typically involves a combination of state and federal action.

In recent years, there have been several proposals to amend the Constitution through the process of ranked-choice voting. Ranked-choice voting is a system where voters rank candidates in order of preference, and if no candidate receives a majority of first-choice votes, the candidate with the fewest votes is eliminated, and their votes are redistributed to the remaining candidates based on the voters' next choices. As of January 2023, ranked-choice voting is used in Alaska, Maine, and 53 other cities and counties. However, some states, such as Mississippi and Missouri, have passed laws prohibiting ranked-choice voting in state and local elections.

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RCV's influence on electoral outcomes

Ranked-choice voting (RCV) is a form of voting in which voters rank candidates in order of preference. In the most common form of ranked voting, the candidate receiving a majority of first-choice votes wins, and the election is over. If no candidate wins a majority of votes, the candidate with the fewest votes is eliminated, and the voters who chose that candidate as their first choice have their votes reallocated to their second choice. This process continues until a candidate achieves a majority of votes.

RCV has the potential to significantly change electoral outcomes. In states like Colorado and Nevada, Democrats typically win state and federal elections by defeating conservative Republicans in a head-to-head contest. A shift to RCV would disrupt this dynamic by introducing a larger number of candidates and options from across the political spectrum, resulting in a more uncertain and unpredictable election outcome.

For example, in the 2018 United States House of Representatives elections in Maine, Republican incumbent Bruce Poliquin led by 2,171 votes in the first round of vote tabulation in the 2nd Congressional District. However, since he did not have a majority of the votes, an instant runoff tabulation process was initiated, which can change the outcome.

RCV can also promote positive, inclusive, and fair elections by discouraging negative campaigning. Candidates are incentivized to reach out positively to as many voters as possible, seeking support and second-choice votes. This mitigates extremism and polarization in politics and allows voters to feel free to choose the candidate they like the most without worrying about helping elect the candidate they like the least.

RCV has been adopted by statute in Alaska and Maine, while other states like Nevada, Montana, and Colorado are considering implementing it through constitutional amendments.

Frequently asked questions

Ranked-choice voting (RCV) is a form of voting in which voters rank candidates in order of preference. If a candidate receives more than half of the first-choice votes, that candidate wins, just like in any other election. If there is no majority winner after counting first-choice votes, the candidate with the fewest votes is eliminated, and voters who picked that candidate as their first choice will have their votes count for their next choice. This process continues until there is a majority winner.

RCV improves democracy by promoting positive, inclusive, and fair elections. It discourages negative campaigning and encourages candidates to appeal to a broader political spectrum. It also eliminates vote-splitting and spoiler candidates.

As of January 2023, ranked-choice voting is used in Alaska, Maine, and 53 cities and counties representing roughly 11 million voters.

Missouri, Mississippi, and Montana have prohibited ranked-choice voting through constitutional amendments. Oregon rejected a proposed constitutional amendment that would have adopted ranked-choice voting.

Opponents of ranked-choice voting argue that it is more confusing and likely to result in ballot errors. In addition, some Aspen observers argued that a traditional runoff system would allow more time to consider their top choices.

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