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Oakland’s City Attorney, John Russo, says the city must use Instant Runoff Voting for local elections in 2010. Russo’s office posted the on their website today. 

 

Instant Runoff Voting (also known as Ranked Choice Voting or RCV) is suddenly a hot topic in Oakland.

 

The City Attorney opinion comes on the same day that another Oakland attorney sent a letter to the city, on behalf of local residents and two Oakland community groups, saying “that any attempt by the City of Oakland, or City officials, to avoid holding an RCV election in November 2010…would be a violation of the city charter and hence illegal.”

 

Instant Runoff Voting has some powerful opponents in Oakland but, at this point, they must be feeling the heat from all sides. As the City Attorney’s opinion points out, the City Charter functions, in essence, as the city’s constitution. And that document mandates the use of Instant Runoff Voting once the County Registrar of Voters says he is able to conduct an instant runoff election. The Registrar has said repeatedly that he could conduct such an election once the Secretary of State granted approval to use the county’s voting machines for that purpose. Secretary of State Debra Bowen granted that approval on December 4.

 

“Instant runoff voting is the law and the city needs to follow the law,” said Judy Cox, one of the local residents represented by Oakland attorney Stuart Flashman, in a press release making the rounds today. “All the necessary conditions stipulated in the charter for using IRV have been met. The City really does not have a choice in the matter at this point.”

 

Flashman sent the letter on behalf of the Wellstone Democratic Renewal Club and the San Francisco Bay Chapter of the Sierra Club, in addition to Cox and six other Oakland residents, two of whom, David Kakishiba and Chris Dobbins, serve on the Oakland School Board.

 

“We’re all very excited about using IRV,” said Judy Belcher, another voting activist represented by Flashman. “It’s the law, and a voter mandate. Any attempt by the city to not follow its charter would be illegal. We have voting equipment, we have a voter education plan, and we have lots of organizations and Oaklanders ready to roll up our sleeves and start educating the voters. It’s time for the city to move forward. We want our IRV.”