On 26 May 2005, Georgia's Congresswoman Cynthia McKinney introduced the "Voter Choice Act (HR 2690)." She'd tried similar bills before. Both this and the previous incarnations failed to win passage. HR 2690 would have required that starting in 2008, all federal elections to elect a single winner would use instant runoff voting! It also would provide federal money to assist states with implementation costs. 2690 would also allow states to use proportional representation multiwinner voting systems to elect congressmen. Here it is.
HR 2690 IH
109th CONGRESS
1st Session
H. R. 2690
To provide that a State may use a proportional voting system for
multiseat congressional districts, to require the use of instant runoff
voting in certain elections for Federal office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 26, 2005
Ms. MCKINNEY introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To provide that a State may use a proportional voting system for
multiseat congressional districts, to require the use of instant runoff
voting in certain elections for Federal office, and for other purposes.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Voter Choice Act of 2005'.
TITLE I--PERMITTING USE OF MULTISEAT DISTRICTS FOR HOUSE ELECTIONS
SEC. 101. MULTISEAT DISTRICTS PERMITTED FOR ELECTION OF REPRESENTATIVES FOR STATES WITH A PROPORTIONAL VOTING SYSTEM.
(a) In General- Notwithstanding the Act
entitled `An Act for the relief of Doctor Ricardo Vallejo Samala and to
provide for congressional redistricting', approved December 14, 1967
(Public Law 90-196; 2 U.S.C. 2c), a State that is entitled to more than
one Representative in Congress may establish a number of districts for
election of Representatives that is less than the number of
Representatives to which the State is entitled so long as
Representatives are elected under a system which meets the following
conditions:
(1)
The system meets the constitutional standard of majority rule and of
individuals having equal voting power.
(2)
The system ensures the election of any candidate in a multiseat
district who receives a share of votes cast that is at least one vote
greater than one-third of the total number of votes cast in the
district.
(3)
The number of residents per Representative is equal for all
Representatives elected in the State.
(b) No Restriction on Selection- Nothing
in subsection (a)(2) may be construed to prohibit a State from using a
system under which a candidate may be elected with less than one-third
of the total votes cast in a multiseat district.
(c) Single-Seat Districts Permitted in
States Using Multiseat Districts- A State establishing multiseat
districts under this title may establish such districts for the
election of all Representatives in the State or in combination with one
or more single-seat districts.
SEC. 102. RELATION TO VOTING RIGHTS ACT OF 1965.
The rights and remedies established by
this title are in addition to all other rights and remedies provided by
law, and the rights and remedies established by this title shall not
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (42 U.S.C. 1973 et seq.). Nothing in this title authorizes or
requires conduct that is prohibited by the Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.).
TITLE II--INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS
SEC. 201. REQUIRING USE OF INSTANT RUNOFF VOTING FOR GENERAL ELECTIONS FOR FEDERAL OFFICE.
(a) In General- Notwithstanding any
other provision of law and except as provided in subsection (b), each
State shall conduct general elections for Federal office held in the
State during 2008 and each succeeding year using an instant runoff
voting system, and shall ensure that the voting equipment and
technology used to conduct the elections is compatible with such a
system.
(b) Exception for House Elections in
Multiseat Districts- Subsection (a) shall not apply with respect to any
election for the office of Member of the House of Representatives which
is held in a multiseat district (as provided in title I).
(c) Definitions- In this title, the following definitions apply:
(1)
The term `Federal office' has the meaning given such term in section
301(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)).
(2)
The term `instant runoff voting system' means a system for the election
of candidates under which--
(A) runoff counts of candidates are conducted in rounds;
(B) voters may rank candidates on the ballot according to the order of
preference;
(C) if in any round no candidate receives a majority of the votes cast,
the candidate with the fewest number of votes is eliminated and the
remaining candidates advance to the next round;
(D) in each round, a voter shall be considered to have cast one vote
for the candidate the voter ranked highest on the ballot who has not
been eliminated; and
(E) the runoff counts are carried out automatically at the time the
votes are cast and tabulated.
(3)
The term `State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and
the United States Virgin Islands.
SEC. 202. GRANTS TO STATES TO DEFRAY COSTS OF ADMINISTERING INSTANT RUNOFF VOTING SYSTEM.
(a) Establishment of Grant Program-
There is established a program under which the Election Assistance
Commission (hereafter in this title referred to as the `Commission')
shall make grants to eligible States to defray the costs of
administering an instant runoff voting system or a proportional voting
system, including the costs of purchasing voting equipment, software,
and other technology necessary for such a system.
(b) Plan for Program- Not later than 60
days after the date of the enactment of this Act, the Commission shall
develop and make public a plan describing the criteria to be used in
the solicitation and approval of applications for grants under this
title and the criteria to be used in overseeing the use of funds
provided under such grants, except that under such criteria the
Commission may not require a State to match any portion of the amount
awarded as a condition of eligibility.
(c) Eligibility of States-
(1)
IN GENERAL- A State is eligible to receive a grant under the program
under this section if it submits to the Commission (in such form and
manner as the Commission may require) an application containing such
information and assurances as the Commission may require.
(2)
DEADLINE FOR APPLICATION- The Commission may not consider an
application for a grant under this section unless the application is
submitted prior to the expiration of the 60-day period which begins on
the date the Commission makes public the plan developed under
subsection (b).
(3)
DEADLINE FOR RESPONSE- The Commission shall approve or reject an
application submitted under this subsection not later than 120 days
after receiving the application.
(4)
CRITERIA FOR REJECTION- The Commission may not reject an application
submitted under this subsection unless it finds that--
(A) the equipment, software, or other technology used to administer
elections in the State is not compatible with an instant runoff voting
system or a proportional voting system; or
(B) the State does not provide for appropriate education for voters,
poll workers, and election officials in the use of an instant runoff
voting system or a proportional voting system.
(d) Cap on Amount of Grant- The amount
of any grant awarded to a State under the program under this section
may not exceed the product of--
(1)
the number of residents in the State at the time the grant is awarded
(based on the most recent decennial census); and
(2) $12.
(e) Authorization of Appropriations-
There are authorized to be appropriated to carry out the program under
this section--
(1) $500,000,000 for fiscal year 2006; and
(2)
such sums as may be necessary for fiscal year 2007 and each succeeding
fiscal year.
SEC. 203. RELATIONSHIP TO OTHER LAWS.
Nothing in this title may be construed
to supersede or conflict with the Voting Rights Act of 1965 (42 U.S.C.
1973aa et seq.) or the National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.).