I
107TH CONGRESS
1ST SESSION
H. R. 1189
To provide that a State may use a proportional voting system for multiseat
congressional districts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2001
Ms. MCKINNEY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on House Ad-
ministration, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To provide that a State may use a proportional voting system
for multiseat congressional districts, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Voters’ Choice Act’’.
SEC. 2. MULTISEAT DISTRICTS PERMITTED FOR ELECTION
OF REPRESENTATIVES FOR STATES WITH A
PROPORTIONAL VOTING SYSTEM.
(a) IN GENERAL.—Notwithstanding the Act entitled
‘‘An Act for the relief of Doctor Ricardo Vallejo Samala
and to provide for congressional redistricting’’, approved
December 14, 1967 (Public Law 90–196; 2 U.S.C. 2c),
a State that is entitled to more than one Representative
in Congress may establish a number of districts for elec-
tion of Representatives that is less than the number of
Representatives to which the State is entitled, if and only
if, that State uses a system that meets the following condi-
tions:
(1) It meets the constitutional standard of ma-
jority rule and of individuals having equal voting
power.
(2) It ensures the election of any candidate who
receives a share of votes cast that is at least one
vote greater than one-third of the total votes cast in
the multiseat district.
(b) NO RESTRICTION ON SELECTION.—A State is not
restricted to selecting systems that require candidates to
obtain at least one vote more than one-third of the elec-
torate in order to be elected. As long as the conditions
specified in subsection (a) are met, a State may use sys-
tems that allow a smaller group of voters to elect Rep-
resentatives.
(c) EQUALITY REQUIREMENT.—In a State that uses
multiseat districts, the number of residents per Represent-
ative in a district shall be equal for all Representatives
elected.
(d) ONE-SEAT DISTRICTS ALLOWED.—A State may
use one-seat districts alone or in combination with
multiseat districts.
SEC. 3. RELATION TO VOTING RIGHTS ACT OF 1965.
The rights and remedies established by this Act are
in addition to all other rights and remedies provided by
law, and the rights and remedies established by this Act
shall not supersede, restrict, or limit the application of the
Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). Noth-
ing in this Act authorizes or requires conduct that is pro-
hibited by the Voting Rights Act of 1965 (42 U.S.C. 1973
et seq.).
SEC. 4. SENSE OF CONGRESS REGARDING USE OF INSTANT
RUNOFF VOTING IN PRESIDENTIAL ELEC-
TIONS.
It is the sense of Congress that:
(1) A State should award its electoral votes for
President and Vice President to the candidates who
receive a majority of the votes cast in the State for
such offices.
(2) An instant runoff voting system is an effec-
tive and appropriate method for ensuring that one
set of candidates will receive a majority of the votes
cast in the State. Under instant runoff voting, voters
rank their favorite and subsequent choice can-
didates, and if a majority has not voted for one can-
didate, the candidate with least number of votes is
eliminated and another round of counting occurs. In
the next round and each subsequent round, ballots
are counted for the highest remaining candidate
ranked on each ballot, and rounds continue until a
candidate has received a majority of the votes cast.
(3) Each State should adopt an instant runoff
voting system for the election of electors for Presi-
dent and Vice President.
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