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Cumulative Voting

Cumulative voting achieved some national notoriety in 1993 because it was the full representation voting system recommended by law professor Lani Guinier in her search for a lasting solution to minority vote dilution. Nominated to run the civil rights division of the Department of Justice, Guinier came under harsh attack for her legal writings that laid out the reasons for the Voting Rights Act and explored ideas such as cumulative voting.

The resulting debate about Guinier���s writings was misleading and unfortunately led to the withdrawal of her nomination without her having a chance to testify before Congress. Since then, however, the actual experience of cumulative voting in a growing number of communities has demonstrated the new power it gives to minority voters and the acceptance it can gain among white voter.

How it works: In cumulative voting, each voter has as many votes as there are representatives to be elected. Unlike traditional winner-take-all elections, however, voters may distribute their votes in any manner they choose. For example, if there are three seats to be filled, a voter might cast one vote for each of three candidates just as in a traditional at-large election. But they could also choose to give two votes to one candidate and one vote to another, or give all three votes to the same candidate. If voters in a minority were to give all three votes to one candidate, they would triple the chances that their candidate would win. To determine winners, all votes are counted equally; the winners are the candidates with the most votes.

Cumulative voting has worked well for black and Latino voters in many localities. To ensure electoral success, like-minded voters in the minority generally ���plump��� their votes on the same candidate in order to maximize their chances of electing that candidate. A minority-backed candidate might not win if minority voters split their votes among more than one candidate. When the minority population is large enough to elect more than one candidate from the minority group, it thus must weigh the potential benefits and risks of seeking to elect more than one candidate.

One version of cumulative voting makes it easier for a voting group to elect more than one candidate. In Peoria, Illinois voters use the Illinois method, sometimes referred to as equal and even cumulative voting . The voters indicate which candidates they support, and their votes are evenly distributed among these candidates. For example, in a three-seat race, a voter who supported just one candidate would provide three votes to that candidate. A voter who supported three candidates would provide one vote to each of those candidates. A voter who supported two candidates would give each of those candidates 1.5 votes. The Illinois method ��� used from 1870 to 1980 to elect the Illinois State House of Representatives ��� facilitates candidates running together because the message to voters can be simple: ���vote the team.��� The Illinois method has the additional advantage of minimizing voter error: ballot design is very simple, and a voters��� full voting power is allocated no matter how many candidates they support.

Even with the Illinois method, however, leaders of the minority group must make strategic decisions in determining how many seats to try to win and how to urge supporters to cast their votes. This strategy should seek to maximize electoral opportunities while avoiding minority-backed candidates splitting the minority vote so that none of them win.

Where it is used: More than 50 jurisdictions in Texas have adopted cumulative voting since 1991, and, in 1995, then-governor of Texas George W. Bush signed legislation to allow school districts to adopt cumulative voting (along with limited voting). With a population of more than 150,000 people, the Amarillo Independent School District is the nation's largest political jurisdiction to use cumulative voting. The Latino Union of Latin American Citizens (LULAC), the Mexican American Legal Defense and Education Fund (MALDEF) and the NAACP led the way in settling a voting rights suit in Amarillo with cumulative voting in 1999.

In the first cumulative voting elections, in May 2000, a black candidate and a Latino candidate each won one of four seats up for election. These new board members included the first black ever to win a school board seat in Amarillo and the first Latino to win in more than two decades. Even though both the black and Latino populations were below the threshold of inclusion, community leaders calculated that each candidate could draw some support from the white community while winning the great bulk of the black and Latino vote. They were proven right when the candidates avoided splitting the minority vote.

Chilton County, Alabama provides another example of the success of cumulative voting. Before 1988, no black candidate had ever been elected to the county commission. In 1988, cumulative voting was used for first time, and a black candidate named Bobby Agee led the field in the election for seven-seat county commission even though blacks were barely 10% of the population, few white voters supported Agee and Agee was outspent by more than 15 to one by some of his white challengers. Black turnout was very high, and most blacks chose to allocate all seven of their votes for Agee rather than spread their votes among other candidates. The first black commissioner in Chilton County���s history, Agee has been reelected three times and has served several terms as chair of the commission.

In 1992, however, when a second black candidate tried to join Agee on the commission, Agee had a more narrow victory, and the other candidate was defeated.

Cumulative voting was used in three-seat districts to elect the Illinois State House of Representatives from 1870 to 1980, resulting in many more victories of black candidates than in winner-take-all elections that took place at the same time to elect the state Senate (see chart in appendix). In July 2001, a task force of prominent Illinois leaders, chaired by former Republican governor Jim Edgar and former Democratic Congressman and federal judge Abner Mikva, called for restoring cumulative voting. It currently is used in Peoria, Illinois, in various municipalities in Alabama, South Dakota and Texas and for many elections for corporation boards. While not perfect ��� and of course no system can be perfect in all ways ��� cumulative voting has a proven record for producing good government in Illinois, in resolving voting rights lawsuits and in empowering minority voters in many communities.

Limited Voting

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