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this post was submitted on 14 Sep 2024
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It will be interesting to see if it passes Constitutional muster. The Constitution only requires that "the people" choose the legislator. Previous attempts to regulate voting like this required amendments (e.g. elimination of the poll tax).
I don't see how it would violate that. Mathematically, Instant runoff style RCV is still one person one vote. Your ranking just gets to kind of direct where that vote goes once people are mathematically eliminated from contending, the vote only ever counts for one candidate at any given time.
It's not that RCV violates Constitution, but that requiring RCV could potentially be deemed an un-Constitutional violation of state rights. And with the current SC, it seems likely that's how they'd rule. But anything that brings more attention and helps normalize RCV is a good thing regardless
Ahh okay I can see that from a historical sense. I recall part of getting the states to actually be on board with a big federal government was the promise they would be in charge of the way they voted for that federal government.
I will also say, many more historical foundations for the US have been wantonly ignored so long as ignoring it advanced US interests. Like how cops in the US are supposed to be strictly a civilian force, yet they are tried under different laws and are allowed many many things civlians cannot have. That was designed as part of the safties against military dictatorship, but we tossed it aside and give our cops military equiptment becsuse its profitable.
Not quite.
https://constitution.congress.gov/browse/essay/artI-S4-C1-3/ALDE_00013640/
The 24th amendment was a special case as it only applied to federal elections (so technically state office elections could still have a poll tax). There was also a question of voter qualification being outside the generally interpreted meaning of “times, places, and manner” so a statute wouldn’t be enough, but an amendment would.
RCV I think could generally be understood to be covered under “manner” and so Congress can do that without amendment for Congressional races.