RCV is unconstitutional.
Federal courts found no conflict between the US constitution and RCV. Some states have long used run-off elections, and RCV is simply an “instant run-off election.”
The following cases all have upheld RCV against federal constitutional claims:
- Baber v. Dunlap, 1:18-cv-465 (D.Me. Dec. 13, 2018) (upholding RCV in Maine)
- Dudum v. Arntz, 640 F.3d 1098 (9th Cir. 2011) (upholding RCV in San Francisco)
- McSweeney v. City of Cambridge, 665 N.E.2d 11 (Mass. 1996) (upholding RCV in Cambridge);
- Mn. Voters Alliance v. City of Minneapolis, 766 N.W.2d 683 (Minn. 2009) (upholding RCV in Minneapolis)
- Stephenson v. Ann Arbor Bd. of Comm'rs, No. 75-10166 AW (Mich. Cir. Ct. County of Jackson 1975) (Michigan district level court upholding RCV in Ann Arbor)
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