On February 9, a U.S. District Court determined that the city of Martin, South Dakota, should use cumulative voting to elect its city council. Cottier v City of Martin, no. 02-5021-KES.

The court had earlier ruled that Martin’s plan for electing its city council violates the Voting Rights Act, as applied to Native Americans. The court had given the city a chance to suggest a remedy, but the city refused, so the court authorized its own plan. In the past, Martin has elected its 6-member city council from three districts (2 members from each district). Although Native Americans comprise 36% of the voting age population of Martin, and 31% of the persons who voted in the last election, they have never been able to elect one of their own to the city council. Furthermore, they are so dispersed throughout the city, experts on both sides agreed it was not possible for the boundaries of the three districts to be drawn so that Native Americans comprised a solid majority in any district.

Therefore, the court ordered Cumulative Voting. Elections will be at-large, with three to be elected in each election. Each voter will receive three votes. Each voter will be able to cast one, two, or three votes for any one (or more) of the candidates.