NOTE: One Man, Six Votes, and Many Unanswered Questions CUMULATIVE VOTING AS A REMEDIAL MEASURE FOR SECTION 2 VIOLATIONS IN PORT CHESTER AND BEYOND Skip over navigation
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Copyright (c) 2011 Brooklyn Law Review
Brooklyn Law Review

NOTE: One Man, Six Votes, and Many Unanswered Questions CUMULATIVE VOTING AS A REMEDIAL MEASURE FOR SECTION 2 VIOLATIONS IN PORT CHESTER AND BEYOND

Summer, 2011

Brooklyn Law Review

76 Brooklyn L. Rev. 1669

Author

Shawna C. MacLeod+

Excerpt



Introduction

The nation looked on as voters cast up to six ballots for their favorite candidates in the June 2010 local government election in Port Chester, New York (the Village). 1 For the first time in the Village, voters exercised an ability to stack votes for their preferred candidates-and a court-imposed remedial plan made this electoral system possible. Four years before, the Department of Justice (DOJ) filed a claim seeking to remedy what it perceived to be impermissible voting practices that led to the dilution of Hispanic votes within the Village. 2 After litigation in the United States District Court for the Southern District of New York, the DOJ prevailed in its claim against the Village. 3 The court ordered that a new plan be employed to rectify past voting wrongs in Port Chester. 4 Specifically, the court ruled that Port Chester's proposed plan for an alternative system of voting, called cumulative voting, would be used. 5

This type of DOJ enforcement action is certainly not unique. The DOJ has filed a host of suits against jurisdictions it perceives to be in violation of section 2 of the Voting Rights Act of 1965, 6 with an aim of earning minority voters in targeted jurisdictions fair representation. 7 Section 2 is the crucial provision under which the DOJ brings claims against political subdivisions for vote-diluting practices. The section authorizes the courts or the litigating parties to develop remedial measures so that minority populations have the ...
 
 
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