Subject: RE: basis for apportionment
From: Kieran Williams
Date: 3/11/2006, 8:51 PM
To: "Smith, Brad" <BSmith@law.capital.edu>
CC: election-law <election-law@majordomo.lls.edu>

I don't know if this is what you have in mind (and
perhaps someone already mentioned this), but the
Czechs have - since 1946 - apportioned seats according
to voter turnout. The country is divided into
multimember districts, but the number of seats within
each district is not assigned until all the votes are
counted. Here is how it is described in the electoral
law:

Article 48 Apportionment of Representative Seats among
Electoral Regions 

(1) The Central Election Board shall review the
reports of regional election boards, and according to
the data reported, shall sum up all valid votes cast
within all electoral regions for all party/coalition
lists of candidates. Such total popular vote shall be
divided by the prescribed number of Delegates in the
Chamber of Delegates. The figure obtained in the above
manner, rounded off to the nearest whole number, shall
define the average proportion of the population in the
Czech Republic to be represented by one legislative
seat - the national electoral quota.

(2) The total vote in the electoral region shall then
be divided by the national electoral quota, and as
many legislative seats shall be allocated to the
electoral region as many times the full national
electoral quota is contained in the region's total
vote count. The same procedure shall be repeated until
legislative seats have been allocated for all
electoral regions.

Source:
http://www2.essex.ac.uk/elect/database/legislationAll.asp?country=czech&legislation=cz95#chapter2

(NB The tally works from valid votes, but ballot
spoilage is low - 99.56% of all votes cast in the 2002
election were deemed valid.)

Since turnout has been falling nationwide, and does
vary considerably among the regions (ranging from 50
to 62% at the 2002 election), this approach does
produce a significantly different apportionment than
working from registered voters or population would,
but is still, in its own way, 1p1v.

For background, see also John G. Lexa, "Equality of
Franchise under Proportional Representation", 15
American Journal of Comparative Law 478 (1966).

Kieran Williams
Drake University
Des Moines

--- "Smith, Brad" <BSmith@law.capital.edu> wrote:

I appreciate this and this is interesting.  However,
what I am really
looking for is not exceptions to 1p/1v, but rather,
to the extent that
1p/1v id followed, are there countries that
determine the base for 1p/1v
not on raw population, but some other number, such
as eligible voters,
citizens, etc.  To try it another way, I am not
interested in other
criteria that might cause malapportionment ö
instead, I want to know if
there are cases where equal apportionment is based
on some other number
(reasonably related to trying to give equal power to
each voter) than
raw population by district.

 

Bradley A. Smith

Professor of Law

Capital University Law School

Columbus, Ohio



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