Voter's Choice Act

THE VOTERS' CHOICE ACT, HR 3068 (U.S. Congress)

A Center for Voting and Democracy Factsheet


PROPORTIONAL VOTING SYSTEMS, CONGRESS AND 2001
Reasons to Amend the One-Seat District Requirement of 1967


        As we approach the next redistricting cycle in 2001-2002, it seems only prudent for states -- particularly those covered by the Voting Rights Act -- to investigate use of proportional representation (PR) and semi-PR voting systems. PR systems would lower the costs of redistricting, reduce the likelihood of litigation over district lines, promote fair representation for voters of all races, increase representation of women and encourage voter participation. They should be a serious option for legislative elections, from localities to state legislatures to the House of Representatives in states electing more than one Member.

        Congress in 1967 passed a statute (2 USCS 2c, n 2) that requires states to use one-seat U.S. House districts. However, there is a long history of US states using multi-seat House districts, starting when most states used multi-seat districts in the first congressional elections in 1790. Congress first required one-seat districts in 1842 (to allow for more political diversity within states -- at-large elections allowed one party to win all seats), then dropped the requirement in 1852, restored it in 1862 and dropped it again in 1929.

        Now, Rep. Cynthia McKinney has introduced HR 3068, the Voters' Choice Act, to restore states' ability to use PR in multi-seat districts. This modification of the 1967 law would be quite consistent with its intent: a major reason for the statute was to protect racial minorities by eliminating the possibility of states adopting winner-take-all, at-large elections as a reaction to the Voting Rights Act.

Growing Support for Using PR for U.S. House Elections

"[With the choice voting method of PR] constituencies would choose their candidates, rather than the other way around, as happens under the present districting schemes... Before the plan could be used in a congressional race, it would be necessary to repeal a 1967 law requiring single-member districts -- a law enacted, incidentally, to protect the rights of partisan minorities. [Choice voting] would do it better."
• William Raspberry in Washington Post, 7/7/95

"I am inclined to think that some form of proportional representation makes sense for the House of Representatives, not just because of its disruptive effect on existing interest-group relationships but because it would reduce or eliminate the flagrant racial gerrymandering of the early 1990s."
• Kevin Phillips, in Arrogant Capital (1994).

"Experimenting with [PR] within state congressional delegations would not require a constitutional amendment. An ordinary act of Congress followed by adoption by a state would do the trick... North Carolina's dilemma ought to make us all take a new look at how we vote."
New Yorker lead editorial, 4/4/94

"It will take a waiver from Congress to make cumulative voting possible for congressional elections in North Carolina or any other state. Congress should take the hint and do it."
• Clarence Page in Chicago Tribune, 3/30/94 1994



"The nasty fact is that our winner-take-all election system, adopted from 18th century England and unchanged, has the potential to leave up to 49.9% of the voters in any district feeling unrepresented.... Rep. Cynthia McKinney, [has] called for repeal of the federal law enacted only three decades ago that mandates single-member districts.... It's time for some affirmative action for real democracy -- for all Americans."
USA Today editorial "A Route to Fairer Voting," 6/39/95

"[The semi-PR system of cumulative voting] guaranteed the relative strengths of the two parties would be reflected in the legislature, but every region of the state would also have substantial representation in each party's caucus.... The intermeshing of political and regional interests has all but disappeared in the 15 years since cumulative voting was abolished.... [Cumulative voting] produced some of the best and brightest in Illinois politics. It's time for a debate about a possible revival.
Chicago Tribune, 5/30/95 editorial,
"Better Politics from an Old Idea"

"This legislation [Voters' Choice Act] goes to the heart of an issue I feel very strongly about. That is, that the people should make the decision not only on who represents them, but on how they ought to choose their representatives
... This bill increases choice for states and for people."
• Paul Jacob, US Term Limits director, 10/26/95 statement