decided by the united states supreme court, said that judges have first amendment rights, so they can say anything they want. the point is that if a judge says, "i'm going to rule for or against an abortion issue," without hearing the evidence during the course of the campaign, should that judge be disqualified? by virtue of those statements. and also, if a judge is to be reduced, that is the most difficult thing that a trial lawyer ever has to do. i will tell you as a practicing trial lawyer, you will stay up nights and nights and nights before you will ever see to reduce a judge. it is very serious. >> a few people in the audience might be helped if you would define refusal. >> refusal is when you say to a court, "you cannot be fair." this is the person who is going to judge your case and your client's case. you then write a motion that explains why you think this

judge cannot be fair. if you do not think that is a tough decision -- it is a tough decision on a lot of bases. your client's affidavits have to be filed. you should never file something like that. it is a very serious document. all documents may be serious, but there's nothing as or more serious than saying to a judge, "you cannot beat their peak at one of the things we are suggesting, for example, and historically, who do you think rules on that? the judge who you are saying cannot be fair. [laughter] ok, this is common sense. something sometimes is lost in the law, as dickens pointed out many years ago. but we are suggesting that somebody other than that judge, another judge, look at that and determine whether it is facially sufficient. because that is the standard.

we are looking at issues like in florida. you get -- get $500 to a judge, that is okay, but if you give more than that, that judge cannot hear your case. if you are, let's say, the campaign manager for a judge -- because we have elections -- if anybody's interested -- let me just finish that. if you are a campaign manager, he cannot appear before that judge. the aba spent two years on a report called justice in jeopardy, which is online, and it talks about how judges are elected in every single state. one of the document you might be interested in because i understand you have had vigorous talks about this recently is immigration. the aba just issued several months ago the most comprehensive immigration reform report in the last two decades. it contains 10,000 pro bono lawyer hours of some of the best law firms in america. part of the frustration that exists regarding immigration --

and i was just at a white house meeting monday and tuesday of this week on this issue -- it relates to the anchor -- the anger people have saying that is broken and we cannot fix it and there's nothing we can do. that is wrong. we have an ability to fix the problem. we should fix the problem. the aba rendered a report that it will continue to act as a resource in fixing the problem. these are things they have online if you are interested. suddenly, you could visit our website feared by the way, if we do not get to your question, i will see you out back. happy to talk to you about anything you want to talk about. >> we should all remember that most of us are at least descendants of immigrants. one thing about justice in a

different sense -- i have a question here that says that some constitutions -- and they mention the cuban one -- include health and literacy as basic rights. should we think of those as basic rights? you will certainly realize that at least as to help, that is one of the key problems going on in the present debt ceiling controversy in washington. >> my favorite book just recently, and i tell you it is $9.95 on amazon, is president kennedy's book called "nation of immigrants." it was written in the early 1960's. it will take you a couple of hours to read it again. it is a fabulous book and makes you realize that nothing has changed in the last 50 years.

he talks about why we are a nation of immigrants and why that has been the strength of america. so, yes, we are all a nation of immigrants. we should remember that in these debates. but florida has an interesting process, something the all states should adopt, but every 20 years, a group of 30 citizens are awarded by the governor, the speaker of the house, the senate, supreme court, to rewrite florida's constitution, every line of it. it does not go to the legislature. all those pesky lobbyists out there do not get a chance to lobby one way or the other. goes right to the citizens of the state. took us two years to do that. we look at these issues. in florida's constitution, a quality education is now in the florida constitution. i do believe that in america,

particularly, everyone is entitled to a quality education. and most certainly in this country, people should not go to bed hungry. that is just unacceptable. the way that the misery index in this country is one that is way out of the line because of the recent economic situation. i do not think that we as a country even understand how the unemployment has affected so many families, and we have a whole new strata called the new league for, people who were driving forces yesterday and in bread lines today -- who were driving portias -- driving porsches yesterday and in redlines today.

we need to make sure americans had the opportunity to have reasonable health care. not excessive. the fact is we've got to make sure that what happened in past -- and we know that. a lot of costs have spiraled out of control. we have to have a baseline. this country has promised that in a sense of being a land of opportunity for all its people. the resources that we have in this country are such that we have to make sure that the least among us are protected. so i hope that one day we will see that happen. >> thank you very much. our thanks to steven zack, president of the american bar association. we also thank our audience is

here and on radio television and the internet. tonight's program has been part of the commonwealth club's u.s. constitution in the 21st century series, underwritten by the charles guess he family, and we thank them, and we thank you. [applause] ♪ >> hello, and welcome to the

department of elections right choice voting instructional video. it is part of the department of elections right choice voting outreach campaign and is designed to educate san francisco rig franciscoht choice voting. today we will learn what it is and who is elected using this voting method. we will also talk about with the ranked joyce l. looks like and how to market correctly. finally, we will see how the ranked joyce voting process works and to you an example of an election using ranked choice of voting. so, what is ranked joyce voting? in march 2002 san francisco voters adopted a charter to implement ranked choice of voting, also known as instant runoff voting. san francisco voters will use it to elect most local officials by selecting a first choice

candidate in the first column on the ballot and deborah second and third choice candidates in the second and third columns resect to do -- respectively. this makes it possible to elect local officials with the majority of votes. more than 50% without the need for a second runoff election. in san francisco, ranked choice of voting is for the election of members of the board of supervisors, the mayor, sharon, just -- district attorney, city attorney, treasurer, this is a recorder, and public defender. ranked joyce voting does not apply to elections for local school and community college board members. number the election of state or federal officials. ranked choice of voting does not affect the adoption ballot measures. when voters received their ballot, either at a polling place or an absentee ballot in the mail, it will consist of

multiple cards. voters will receive cards with contests for federal and state offices, as well as for state propositions and local ballot measures. for ranked choice voting contest, voters will receive a separate ranked choice ballot card. it will have instructions to rank three choices, which is new. the ranked choice ballot is designed in the side by side column format that lists the names of all candidates in each of the three columns. when marking the ranked choice ballot, voters elect their first choice in the first column by completing the aero pointing to their choice. for their second choice, voters selected different wind by completing the arab pointing to their choice in the second column. for their third choice, voters elect a different candidate by completing the arrow pointing to their choice. voters wishing to vote for qualified write-in candidate can

write it in on the line provided. and they must complete the arrow pointing to their choice. keep in mind, it voters should select a different candidate for each of the three columns of the ranked choice ballot card. if the voters elect the same candidate in more than one column, his or her vote for that candidate will count only once. also, a voter's second choice will be counted only if his or her first choice candidate has been eliminated. and a voter's third choice will be counted only if both his or her first and second choice candidates have been eliminated. we have talked about how to mark the ranked choice ballot. now let's look at how ranked choice of voting works. initially, every first choice vote is a candidate. any candidate that receives a majority, more than 50% of the

first choice to vote, is determined to be the winner. if no candidate receives more than 50% of the first choice votes, a process of eliminating candidates and transferring votes begins. first, the candidate who received the fewest numbers of first choice votes is eliminated from the race. second, voters who selected the eliminated candidate as their first choice will have their vote to transfer to their second choice. there, all the votes are recounted. fourth, if any candidate receives more than 50% of the votes, he/she is declared the winner. if no candidate receives more than 50% of the vote, the process of eliminating candidates and transferring votes is repeated until one candidate has a winning majority. now let's look at an example of an election using ranked choice of voting.

in this example, we have three candidates. candidate a, b, and c. after all the first choice votes are counted, none of the three candidates has received more than 50%, or a majority of the first choice vote cast. candidate a g-205% ofb the votes% received 40%. and c received 35% of the boats. because no candidate received a majority, the candidate who received the fewest number of first choice votes, a candidate a, is eliminated from the race. voters to pick a candidate a as their first choice candidate will have their but transferred to their second choice. and the voters to pick and a, 15% chose candidate b as their second choice, and 10% chose c as their second choice. these votes are then applied to b and c, and the votes are

recounted. candidate b now has 55% of the votes. candidate c as 45%. candidate b has more than 50% of the votes and is determined as the winner. >> thank you for watching. we hope you have ranked choice learned ranked choice of voting and was elected. you have seen the ballot, learned how to market, and learned how the voting process works. if you have any further questions about ranked choice voting, please contact us at department of elections, city hall, room 48, 1 dr. carlton be good lit place, sentences go, california, 94102. or 415-554-4375. visit our website, www.sfelections.org.