On Tuesday, the Pennsylvania Supreme Court will hear oral argument in a case of immense political consequence, regarding fairness in elections, that almost no one has heard of. Both the Fourteenth Amendment to the U.S. Constitution and the basic citizen rights enumerated in Article I of the Constitution of Pennsylvania suggest that the plaintiffs have a very strong case.

If the court should rule for the plaintiffs, it would make a stunning gift to American democracy at a time when such is truly needed. It would provide an easy exit from dysfunctional partisan polarization for those prepared to take it. It would both increase voter turnout, and ensure more precise information on real voter preferences. And it would show more respect for minority political views, and do so in a constructive way. It does all of this by returning to a system once legal in Pennsylvania that allows a way out of the Hobson’s choice that our single-member district, winner-take-all electoral system now forces on voters and minor parties they support: to “waste” their votes on candidates with no serious chance of winning, or to “spoil” elections by draining enough votes from their second choice to give victory to their opponents.

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