Back in May, the U.S. District Court upheld Tucson’s electoral system. The Republican plaintiffs appealed to the Ninth Circuit Court of Appeals.
On Tuesday, a week after the Tucson mayor and council election, the Ninth Circuit ruled 2-1 in favor of the plaintiffs, the first time since voters enacted the electoral system in the Tucson City Charter in 1930 that someone has successfully challenged the electoral system in court. Tucson’s electoral system has passed muster in numerous legal challenges and DOJ preclearance reviews under the Voting Rights Act in the past.
Here is the Ninth Circuit opinion (.pdf) in Public Integrity Alliance v City of Tucson, 15-16142.
The local reporting on this case is lacking in analysis. It does not appear that anyone has actually read the opinion past the headnotes of the case, and threw in some quotes from the litigants and political party officials. Pro Tip: actually read the case including the dissent, which in this case is the far better reasoned opinion than the majority opinion (albeit with some minor errors in citation). The dissenting opinion should instruct the Ninth Circuit Court of Appeals sitting en banc and/or the U.S. Supreme Court.