Electoral systems in Virginia

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The term electoral system can refer to the method by which elections are conducted (e.g., whether officials are elected in single-winner versus multi-winner systems) or the method by which votes are tallied to determine the outcome of an election (e.g., plurality systems, majority systems, ranked-choice voting systems, etc.). In the United States, most federal and state-level officials are elected via plurality vote in single-winner contests, although some jurisdictions (e.g., cities, school boards, etc.) employ alternative electoral systems.

HIGHLIGHTS
  • In Virginia, state representatives and state senators are elected via plurality vote in single-winner contests.
  • The governor, lieutenant governor, and attorney general are elected in single-winner contests via plurality vote. The same is true for United States Senators and United States Representatives.
  • See the sections below for additional information on the following topics:

    1. Background: This section defines and describes methods for conducting elections, including single-winner systems and multi-winner systems. This section also defines and describes various vote-tallying methods, including plurality voting, majority voting, ranked-choice voting, block voting, single voting, and cumulative voting.
    2. Electoral systems used in Virginia: This section outlines the electoral systems used in federal elections (i.e., elections for president and United States senators and representatives) and state-level contests (i.e., elections for state legislators, governors, and other state executives).
    3. State legislation and ballot measures: This section lists state legislation and state and local ballot measures relevant to electoral systems policy.

    Background

    An "I Voted" sticker.

    The term electoral system can refer to two distinct, yet related, concepts: the method for conducting elections and the method for tallying votes to determine electoral outcomes.

    Methods for conducting elections

    Generally speaking, elections can take one of two basic forms: single-winner or multi-winner. In a single-winner election, one candidate alone can be elected to the office in question. In a multi-winner election, by contrast, multiple candidates can be elected to the same office.[1][2]

    A single-winner system is one in which one candidate is elected for an office. Elections for the presidency of the United States are single-winner contests; because the United States Constitution provides for a single chief executive, no more than one person can serve in that capacity at any given moment. Elections for the United States House of Representatives are also single-winner contests, as each district is permitted to elect a single representative.[1][2]
    A multi-winner system is one in which multiple candidates are elected to an office. Elections for at-large city council seats are sometimes multi-winner contests. For example, there may be three at-large council seats up for election in a given year. In some of these elections, voters are asked to select up to three choices on their ballots. The top three vote-getters win election to the at-large seats. Some state legislative chambers in the United States use multi-member districts, which elect multiple members. Proportional representation systems are a specific class of multi-winner systems in which offices are allocated to candidates or political parties in proportion to their share of the total vote.[1][2][3]

    Methods for tallying votes to determine electoral outcomes

    Single-winner system methods

    Vote-tallying methods for single-winner election systems include, but are not limited to, the following:

    1. Plurality voting system: In plurality systems, the candidate who wins the largest share of the vote wins the election. The candidate need not win an outright majority to be elected. These systems are sometimes referred to as first-past-the-post or winner-take-all.[1][3]
    2. Majority voting system: In majority systems, a candidate must win at least 50 percent of the vote in order to win the election. In the event that no candidate wins an outright majority, a runoff election is held between the top two vote-getters. For this reason, majority systems are sometimes referred to as two-round systems.[1][3]
    3. Single-winner ranked-choice voting system: In a single-winner ranked-choice voting system, voters rank candidates by preference on their ballots. If a candidate wins a majority of first-preference votes, he or she is declared the winner. If no candidate wins a majority of first-preference votes, the candidate with the fewest first-preference votes is eliminated. Votes cast for the eliminated candidate are transferred to second-preference choices (if a ballot lists only the eliminated candidate, the vote is considered exhausted and is removed from future tallies). A new tally is conducted to determine whether any remaining candidate has won a majority of the remaining votes. The process is repeated until a candidate wins an outright majority. This system is sometimes referred to as an instant-runoff system.[1][4]

    Multi-winner system methods

    Vote-tallying methods for multi-winner election systems include, but are not limited to, the following:

    1. Block voting system: In a block voting system, a voter can select as many candidates as there are open seats. The candidates with the greatest number of votes are elected. If, for example, there are three at-large city council seats up for election and six candidates for those seats, the top three vote-getters would win election to those seats.[1]
    2. Single voting system: In a single voting system, each voter can select one candidate, regardless of the number of open seats. The candidates with the greatest number of votes are elected (for example, if there are three open seats, the three candidates with the greatest number of votes will win the election).[1]
    3. Cumulative voting: In a cumulative voting system, each voter can cast a number of votes equal to the number of seats up for election. A voter can allocate all of these votes to a single candidate or distribute them among several candidates. If, for example, there are three city council seats up for election, a voter can cast all three of those votes for a single candidate or split them among the three candidates (e.g., casting two votes for one candidate and one for another, etc.). The candidates with the highest number of votes win.[1]

    Electoral systems used in Virginia

    The states have the authority to determine which electoral systems they will use in contests for state-level offices. The systems used in contests for federal office must adhere to federal constitutional guidelines, as well as applicable state laws.

    Federal elections

    United States Capitol.

    Article II, Section 1, of the United States Constitution provides that the President of the United States is elected by the Electoral College via majority vote in a single-winner contest. Of the 50 states, all but two award all of their presidential electors to the presidential candidate who wins the popular vote in the state (Maine and Nebraska each award two of their electors to the candidate who wins a plurality of the statewide vote; the remaining electors are allocated to the winners of the plurality vote in the states' congressional districts).[5]

    Article I, Section 4, of the United States Constitution grants the states the authority to determine the rules by which they elect their United States Senators and Representatives, unless the United States Congress acts to change those rules:[6]

    The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.[7]
    —Article I, Section 4, of the United States Constitution

    Article I and the Seventeenth Amendment of the United States Constitution establish that each state selects two United States Senators in staggered elections. In 1967, the United States Congress passed a law requiring that each state establish single-winner districts and exclusively elect their United States Representatives from those districts. Consequently, in every state, United States Senators and United States Representatives are elected in single-winner contests. A majority of states determine winners in these contests via plurality vote. In Virginia, winners in congressional contests are determined by plurality vote.[8][9]

    State-level elections

    All elective state executive officers (e.g., governors, secretaries of state, treasurers, etc.) in the United States are selected via single-winner contests. A total of 41 states conduct only single-winner contests for their state legislative elections. The 9 remaining states conduct multi-winner contests for some state legislative seats: Arizona, Idaho, Maryland, New Hampshire, New Jersey, North Dakota, South Dakota, Vermont, and West Virginia. Plurality counts are generally used to determine electoral outcomes, though some states and jurisdictions use other tabulation methods (for example, Louisiana employs a majority voting/two-round system in which a runoff general election is held if no candidate for congressional or state-level office wins a majority of the vote in the first round of voting).[8]

    The table below details the electoral systems used in Virginia for state legislative and state executive offices as of July 2017.

    Electoral systems for state-level offices in Virginia
    Office Single-winner or multi-winner Vote tabulation method
    State legislators (representatives and senators) Single-winner[10][11] Plurality[9]
    State executive officials (governor, lieutenant governor, and attorney general) Single-winner[12][13] Plurality[9][14]

    Noteworthy events

    2021

    On March 31, 2021, Judge Raymond Jackson, of the U.S. District Court for the Eastern District of Virginia, ruled that Virginia Beach's at-large system for city council elections violated Section 2 of the Voting Rights Act of 1965. Jackson sided with the plaintiffs (Latasha Holloway, a Virginia Beach voter, and Georgia Allen, a city council candidate), who had argued that the city's at-large electoral system unconstitutionally diluted the votes of minority voters: "By a preponderance of the evidence, the Plaintiffs have demonstrated that the at-large system of elections for the Virginia Beach City Council denies Hispanics, African Americans, and Asians equal access to the electoral and political process, in contravention of Section 2 of the Voting Rights Act." Jackson barred the use of the at-large electoral system in future Virginia Beach elections.[15]

    The city disputed the plaintiffs' allegations: "The City believes that the plaintiffs' case fails as a matter of law and fact. The City asserts that plaintiffs cannot show, under existing census data that any single minority group is sufficiently large or compact to constitute a majority within any single voting district. " Prior to Jackson's ruling, city officials said, "Because of the complexity and importance of the issues presented, regardless of the outcome in the trial court, it is anticipated that the losing party will appeal the trial court’s ruling." John Moss, a member of the city council, said, "The ruling is what the ruling is. At the appropriate time, Council will be advised of our options and Council as a body will make a decision, and provide the requisite direction."[16][17]

    2020

    On April 10, 2020, Governor Ralph Northam (D) signed HB1103 into law, establishing a pilot program authorizing localities to conduct their municipal elections using ranked-choice voting. In order to conduct elections using ranked-choice voting, a municipality must make the decision to do so "in consultation with the local electoral board and general registrar and by a majority vote of the governing body." The bill took effect on July 1, 2021, and was scheduled to sunset on July 1, 2031.[18]

    State legislation and ballot measures

    Recent legislation related to electoral systems in Virginia

    The table below lists bills related to electoral systems that have been introduced during (or carried over to) the current legislative session in Virginia. The following information is included for each bill:

    • State
    • Bill number
    • Official name or caption
    • Most recent action date
    • Legislative status
    • Topics dealt with by the bill

    Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.

    Electoral systems ballot measures

    See also: Elections and campaigns on the ballot and List of Virginia ballot measures

    Ballotpedia has tracked no ballot measures relating to electoral systems in Virginia.

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    See also

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    External links

    Footnotes

    1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 FairVote, "Electoral Systems," accessed July 7, 2017
    2. 2.0 2.1 2.2 International Political Science Review, "Choosing Electoral Systems: Proportional, Majoritarian and Mixed Systems," July 1997
    3. 3.0 3.1 3.2 Georgetown University, "Electoral Systems," accessed July 7, 2017
    4. MinneapolisMN.gov, "Frequently Asked Questions about Ranked-Choice Voting," accessed July 7, 2017
    5. United States Constitution, "Article II, Section 1," accessed July 7, 2017
    6. United States Constitution, "Article I, Section 4," accessed July 7, 2017
    7. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    8. 8.0 8.1 FairVote, "Electoral Systems in the United States," accessed July 7, 2017 Cite error: Invalid <ref> tag; name "winnertakeall" defined multiple times with different content
    9. 9.0 9.1 9.2 Virginia Code, "Section 24.2-679," accessed July 23, 2017
    10. Virginia Code, "Section 24.2-304.03," accessed July 23, 2017
    11. Virginia Code, "Section 24.2-303.3," accessed July 23, 2017
    12. Virginia Constitution, "Article V, Section 2," accessed July 23, 2017
    13. Virginia Constitution, "Article V Section 15," accessed July 23, 2017
    14. Virginia Constitution, "Article V Section 2," accessed July 23, 2017
    15. United States District Court for the Eastern District of Virginia, "Holloway v. Virginia Beach: Memorandum Opinion and Order," March 31, 2021
    16. 13 News Now, "Court declares Virginia Beach's at-large city council election system illegal, says it disadvantages minorities," March 31, 2021
    17. City of Virginia Beach, "Holloway vs. City of Virginia Beach," accessed April 5, 2021
    18. LegiScan, "Virginia House Bill 1103," accessed March 30, 2022