Alternative Ways Out: A Remedial Road Map for Using Alternative Electoral Systems as Voting Rights Act Remedies

Abstract

In this Article, Steven Mulroy argues that jurisdictions attempting to correct minority vote dilution should employ alternative electoral systems. Such alternative voting schemes would allow jurisdictions to maximize minority votes without creating voting districts based on race, thereby avoiding the strict scrutiny analysis of Shaw v. Reno. Of the three alternative voting systems – limited voting, cumulative voting, and preference voting – the Article advocates preference voting as the best of the three because it maximizes proportionality of representation and the incentive for cross-racial and other coalitions while minimizing the problems of strategic voting and intra-group competition. Finally, the Article finds alternative voting systems particularly appropriate in judicial election cases because such systems can serve a jurisdiction’s “linkage” interest.