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Fruits & Votes is the Web-log of Matthew S. Shugart ("MSS"), Professor of Political Science, University of California, Davis.

Perspectives on electoral systems, constitutional design, and policy around the world, based primarily on my research interests.

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  • 22 October 2005

    Planted by MSS
    Planted in: Judiciary; PR-USA

    Among the many puzzling things Harriet Miers has said comes yet another from the (in)famous judicidary committee questionnaire. In describing one matter on the Dallas City Council, Miers referred to “the proportional representation requirement of the Equal Protection Clause” as it relates to the Voting Rights Act.

    From the Post:

    “There is no proportional representation requirement in the Equal Protection Clause,” said Cass R. Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation –which typically deals with ethnic groups having members on elected bodies — with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.

    Actually, either the Post or Sunstein is also confused, as the term “proportional representation” actually typically refers to the allocation of legislative seats in proportion to the votes obtained by parties. But it most certainly does not mean what Miers appears to mean.

    I wish there were a proportional representation requirement of the Equal Protection Clause, but alas there is not.

    I don’t have the Post story to link to; I am relying on a private e-mail I received from a trusted Post reader.

    Propagation: Seeds & scions (0)


    27 September 2005

    Planted by MSS
    Planted in: POLITICAL PARTIES; PR; PR-USA; USA

    In Stephen Karlson’s post to which I replied the other day, there is one passage that I left on the siding as I chugged on by. But it deserves to be addressed:

    The United States Constitution apportions representation by states. Many other republics apportion representation by political parties.

    The misconception here is the implication that it must be one or the other—states or political parties.

    In fact, there are very few proportional representation systems that do not apportion their seats by state or province (or whatever their subunits might be). Almost all PR systems have district lines that coincide with existing subnational units. In that sense, they are just like the US, where states are allocated House representation in proportion to their share of the national population.

    The apportionment to subnational units is a separate dimension from what the districting arrangements are, and how seats are won within those districts.

    It would not be necessary (though it would be possible, even under federalism) for a hypothetical PR-USA system to allocate seats by national proportion of the vote. Supposing no such national party allocation, PR simply would mean that a state’s seats (for those states with more than one) would be allocated by party share of the vote cast within that state. Districts would be multi-seat, whether statewide or, in larger states, with intra-state districting.

    PR without national calculation of party shares would be easier to manage in a larger House (so fewer states would have small numbers of seats to divide among the parties), but the question of increasing the size of the House is a separate question and would be a good idea regardless of whether we ever jump on the PR train or not.

    The bottom line is that in no sense would proportional representation by party compromise the principle of apportioning representation in the House by state. I find that this point is often not well understood (and thus I am by no means picking on Stephen!)

    Propagation: Seeds & scions (3)


    Fruits and Votes grafted Apportionment vs. allocation: Iraq’s December elections
    Fruits and Votes » Blog Archive » Citzens assembly for California? grafted [...] Proportional representation–a common misconception [...]

    24 September 2005

    Planted by MSS
    Planted in: AMERICAN POLITICAL REFORM; POLITICAL PARTIES; PR; PR-USA

    [I later followed this up with "Democrats, socialism, PR, and Bernie Sanders."]

    Among the small, but beneficial, ripples from the allegedly “inconclusive” result of the German election on September 18 has been some discussion of how multiparty democracy with proportional representation (as seen in Germany and most other democracies) compares to the strict two-party system (seen almost uniquely in the USA).

    For example, Chris Lawrence suggests:

    If the incentives for a two party system melted away, more likely than not our existing Republican and Democratic parties would melt away with them (or at least be transformed beyond recognition). And if you think our parties are bad now, wait until you see the parties led by Maxine Waters and Pat Robertson (or their acolytes) and comprised solely of their true believers.

    I disagree that Dems and Reps would melt away or be transformed beyond recognition; more on that later. First, I want to stick to this “true believers” analogy, because Stephen Karlson also uses it:

    Successful political parties in parliamentary republics are able to appeal to their true believers — who do not have to live in contiguous districts such as Berkeley, or Emporia — to obtain seats in proportion to the true believers’ share in the vote.

    Now, let us assume that Stephen meant parliamentary systems with proportional representation (as implied by his own subject line) and not parliamentary systems more generally, given that some parliamentary systems (notably Britain and Canada, which are not “republics,” by the way) use the plurality (first-past-the-post) electoral system just as the USA does. Let us further focus only on the dynamics of legislative party positioning, and not government formation, since for the latter process the make-up of the legislature is almost irrelevant in a presidential form of government like the USA has.

    Do parties in proportional representation (PR) systems appeal solely to their true believers? And would hypothetical coalitions between Democrats or Republicans and smaller parties render our two big parties more polarized than they are today (as implied at Betsy’s page)? No, and no. In fact, no one who has ever watched an election campaign in a European PR democracy or New Zealand since it adopted PR could possibly make such claims. Caricaturing the process in this way represents a fundamental—but, in America, widely held—misunderstanding of how multi-party democracy works.

    In a nutshell, the point is that, with very few exceptions, parties in PR systems cannot afford to appeal solely to true believers if they seek any actual policy-making influence. Why? Because inter-election volatility (the movement of voters from one party to another) is much higher in multiparty PR systems. It is higher precisely because each voter has more choices—that is, more than one party that may be appealing to some aspect of his or her policy preferences. If parties are competing in an environment with this heightened level of competition, the ones that stick to their true believers quickly become rumps and find themselves marginalized.

    In the quote above, Chris asks rhetorically, “if you think our parties are bad now…” Yes, I do think our parties are bad now, and it is largely because one of them is pulled too much one way by the likes of Maxine Waters and the other is pulled too much the other way by the likes of Pat Robertson (to use Chris’s examples). As Chris notes, our electoral system and two-party system generate broad parties that are internal coalitions of interests. And he is also right that all parties—even the small ones in some PR systems—contain internal electoral coalitions of interests. Get the Waters and Robertson acolytes out of the internal coalition of the Democratic and Republican parties and I, for one, will like both parties a whole lot better than I do now. And I suspect most voters would, too.

    In broad “catch all” parties with loose internal organization like ours, political forces represented by the likes of Waters or Robertson are constantly digging in and attempting to keep their respective party from drifting too far to the center in the quest for the mythical “median voter.” A member of congress like Waters (or Frank or Conyers, etc.) can dig in her or his heels and, because our single-seat-district electoral system gives such members safe seats, these members never have to worry about losing influence by doing so. It is close to frictionless for them to stake out extremist positions in advance of bargaining over specific pieces of legislation. There are simply no electoral costs for them from doing so, and lots of potential benefits if they can keep the policy debate within their party skewed even a little bit in their direction, while at the same time appealing to their own relatively cohesive and ideologically extreme electoral districts. (The same analogy holds within either party, though we would need to use a congress member who was close to Robertson’s views, rather than Robertson himself, because he is not a member of congress, as is Waters.)

    In a PR system, let us suppose Waters (and her allies, as well as her counterparts on the opposite side of the spectrum) split off and form their own parties. For the sake of argument, I am going to assume that the US has adopted MMP, like in Germany and New Zealand, though this thought experiment would not be radically different under most other forms of PR.

    Now, in our hypothetical MMP system, Waters’s clout in congress (i.e. the share of seats her new party obtains) depends on her success at garnering votes from outside her own safe electoral district. She is now subject to competition with the Democratic party—which surely would survive, as would the Republican, albeit in smaller and more moderate form. The party led by Waters, Conyers, et al., is now tugged towards the center, because that is where it can gain the most in additional votes. That is where the inter-election volatility will take place, not at the fringes.

    In conclusion, I do not deny that there are some parties and some party systems where PR and multipartism contribute to the kind of narrow ideological appeals that Chris and Stephen have in mind. For example, Israel, with its extremely low threshold and several tiny religiously oriented parties, or Italy from the 1950s to 1980s (but not today) with its very large and ideologically marginalized Communist Party. But these are not typical of PR systems more generally, and are not even remotely relevant comparative referents for a hypothetical PR system in the USA—for all its diversity, this country lacks the kind of rigid social divisions that give rise to parties like Shas or the former Italian Communists. Combine that with the probable high threshold our PR system would have (on the order of Germany and New Zealand) and our presidential form of government, in which the parties that can realistically elect presidents are sure to remain the most important players in the system, and it is clear that PR in the USA would hardly be as radical as Chris and Stephen fear. PR would moderate, not further polarize, our partisan competition.

    Propagation: Seeds & scions (20)


    Fruits and Votes grafted Citizens assembly for California?

    03 September 2005

    Planted by MSS
    Planted in: AMERICAN POLITICAL REFORM; POLITICAL PARTIES; PR-USA

    Via Signifying Nothing comes this link to political science Professor Michael Munger’s column on North Carolina’s repressive stance on ballot access for third parties.

    Mike asks, rhetorically, “Do we “need” a third party? Do we need all that clutter, and choice, on the ballot?” and answers:

    Suppose you asked Ford and General Motors if the American public “needs” more choices. They’d probably say no. [...] Two choices ought to be enough, our leaders with a stake in those “choices” might have us believe.

    Noting that NC was one of only three states to have kept Ralph Nader off the ballot for president in both 2000 and 2004, he goes on:

    Now, you can be for Nader, or against him, as a presidential candidate, but how can you argue that voters can’t make their own choices? Some people accused Nader of denying Al Gore the election in 2000. But you can’t blame the Green Party for trying to articulate an alternative vision of government and society, because that kind of competition of ideas is the foundation of a healthy democracy.

    Exactly, and the emphasis on the well put statement is mine.

    I only wish Mike would take it to the next logical step: It is not just our ballot-access laws that are repressive to choice, it is our legislature-access laws that are repressive to representation.

    You see, it is wonderful that here in California the Greens, Libertarians, Natural Law, and other parties get a place on the ballot. But how about a place in our legislatures? For that, realistically, we need to join most of the democratic world and begin using proportional representation methods in legisaltive races.

    Voting for third parties is on the upswing in the US. (Raise your hand if you know that it has been hovering around five percent in House elections for the last 15 years.) Many more voters would be likely to vote for such parties if they could get represented in Congress and state legislatures, where their “alternative vision of government and society” could actually have impact, as ought to be a positive thing in “a healthy democracy.”

    How refreshing that would be!

    Propagation: Seeds & scions (0)


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    Recent comments.

  • Is MMP in Ireland’s future? (10)
    • Mark Roth: Just to be argumentative,a nd with no offense meant: 1) As far as I know, every system that uses MMP does have some sort of threshold in...
    • MSS: To be clear, no specific legal threshold, or any threshold at all, is a defining feature of MMP. Technically, neither are single-seat...
    • Tom Round: I’m not unfamiliar with the attraction of MMP. I felt it myself when I first started studying electoral systems. It retains...
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    • MSS: UKIP did admit during the recent local election campaign that it did not fully vet its candidates, due to (it was claimed) resource...
    • Chris: UKIP’s candidates for Parliament and MEP do indeed seem to need National Executive Committee Approval before being placed on the...
    • Chris: I think the key thing in being a Conservative-UK IP candidate might not be in having both of their emblems, but in not having an UKIP...
    • MSS: Here is the text (see Jaffr’s link): After paragraph (2A) insert— “(2AA)If a candidate who is the subject of an authorisation by...
    • MSS: Let me call attention here to Jaffr. at comment #1, who notes the amendment to the ballot law was passed earlier in 2013. (This comment was...
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