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OPINION

Editorial: On the wrong track

Saturday, September 4, 2010
(Updated 3:00 am)

North Carolina's first statewide use of instant runoff voting could produce a train wreck in November.

"It's no way to run a railroad," Guilford County Supervisor of Elections George Gilbert said.

Four years ago, the legislature created new rules for special elections needed to fill vacancies in the state's appellate courts. They apply when an opening occurs after the primary but at least 60 days before the general election. If more than two candidates file to run, voters are asked to indicate their first, second and third choices. If no candidate receives a majority of first-choice votes, the winner is determined by adding the second- and third-choice votes.

What the legislature didn't do was create the means of implementing this system. It's as if the train left the station before the track was laid.

Ready or not, the initial run is under way. It was set in motion when N.C. Court of Appeals Judge James Wynn resigned last month to accept a federal appointment. During a special one-week filing period that ended Tuesday, 13 candidates signed up to contend for his seat and an eight-year term.

Why so many? None of the regular elections for the appellate courts drew more than four candidates. One judge running for re-election faces no challenger.

In this special election, it's probably because any candidate has a virtually equal chance as any other of winning by blind luck -- no matter his or her qualifications. Voters will have little opportunity to sort them out. Asking voters to choose three in order of preference further promises to confuse the issue.

It will take extraordinary voter-education efforts to acquaint the public with this voting system, Gilbert said. Poll workers probably will have to spend additional time explaining how it works.

Then there's calculating the results: Because there's no computer software available, it will rely on hand counting second- and third-choice votes. With so many candidates, it's unlikely anyone will win an outright majority. The cumbersome tally likely will delay declaring a winner for days. And results could be challenged if the method of apportioning the backup votes seems unfair to the losing candidates -- all of whom are lawyers, it should be noted.

A better approach in these circumstances would be to let the governor fill the judicial vacancy by appointment, with the new judge serving for two years until the next regular election. As it is, North Carolina is on track to baffle voters and possibly elect an unqualified judge by chance.

An election train wreck may be unavoidable this November, but it shouldn't be allowed to happen again.

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