Subject: Re: [EL] a "thumping" in the U.K. AV referendum
From: Rob Richie
Date: 5/7/2011, 2:51 PM
To: Jack Santucci
CC: "Smith, Brad" <BSmith@law.capital.edu>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

I'd echo Jacks' point (and, as I see from reading his very thoughtful message that came in, that of Tom Round). There sure are a lot of proportional voting countries that are doing just fine. I also would say, as Tom did, that it's a stretch to argue that Britain, the United States and Canada (and those are the three you're talking about, I assume, as plurality voting countries like India, Jamaica, Pakistan and Kenya aren't usually ones people mean when they make your point) are stable and free because of plurality voting or because of a range of other factors that are more important. Certainly it's hard to compare the parliamentary, strong party (and no primaries) systems of Canada and the UK with the U.S. system of checks and balances, primaries and federalism.

Within the US, has Washington State suddenly plunged into problematic government because it has a top two majority system? I think not.  Does Nebraska have particular problems because it has a unicameral legislature, nonpartisan elections and top two? Nope. Was Illinois in worse-off shape when it had cumulative voting in three-seat state legislature house districts from 1870 to 1980?  Quite the contrary. 

Their lessons would suggest we don't have to be as timid as we are in considering alternatives. That timidity may dominate the discourse on areas like redistricting reform, but our founders certainly would have taken a different approach -- they were cutting-edge thinkers of their time, and I would have little doubt would be interested in exploring alternatives with an open mind.

Finally, I'll end by pasting in this graphic below from the Economist. Like Canada, the UK party system is changing dramatically, as made clear by this chart. Sure, British voters just rejected a change designed to adapt to that new reality, but the reality of their increasing political pluralism will not go away. The majority still may like their queens, princes, two-party systems and other fairytales, but at some point change comes anyway.

Rob

#############




On Sat, May 7, 2011 at 4:57 PM, Jack Santucci <jms346@georgetown.edu> wrote:
Brad et al,

Not necessarily. I'm reviewing the literature on electoral systems and
political stability. Andy Reynolds' most recent book (2011 p. 63)
documents a positive, significant relationship between proportional
representation and political stability. His measure of stability
combines two parts: the Failed States Index and the World Bank's
Likelihood of Governmental Overthrow variable.

Jack Santucci
Ph.D. student, Georgetown Univ.

On Sat, May 7, 2011 at 4:25 PM, Smith, Brad <BSmith@law.capital.edu> wrote:
> My two cents - it strikes me that countries that have relied on first past
> the post are to a disproportionate degree among the most stable, free and
> prosperous democracies.  I've never quite seen why the impulse to tinker
> with success.
>
> Bradley A. Smith
> Josiah H. Blackmore II/Shirley M. Nault Designated Professor of Law
> Capital University Law School
> 303 E. Broad St.
> Columbus, OH 43215
> (614) 236-6317
> http://www.law.capital.edu/Faculty/Bios/bsmith.asp
> ________________________________
> From: election-law-bounces@mailman.lls.edu on behalf of Rob Richie
> Sent: Sat 5/7/2011 1:55 PM
> To: Scarberry, Mark
> Cc: JBoppjr@aol.com; election-law@mailman.lls.edu; David@holtzmanlaw.com
> Subject: Re: [EL] a "thumping" in the U.K. AV referendum
>
>
> I'd take Condorcet voting over plurality voting in a heartbeat, but I
> suspect it will be very hard to convince people to adopt it -- certainly it
> will be harder than winning IRV-alternative vote, which can be hard as it
> is. A couple things Condorcet voters have to explain:
> * A candidate can win who is nobody's first choice.
> * You can have a cycle where no candidate defeats every other candidate
> (e.g, A defeats B, B defeats C and C defeats A) - -and then have to get to
> tiebreaking procedures. Due to this, your selection of a second choice can
> count against the chances of your first choice, which will trouble people.
> More broadly, Condorcet discounts the "tribal" reality of politics as it is.
> Take Larry Levine's, bitter messages yesterday against Jean Quan's win in
> the mayoral race in Oakland last year. I think Quan's victory was quite
> clear. She defeats Don Perata in a one-on-one comparison (both citywide and
> in well over half the precincts) and won more votes than any Oakland mayoral
> candidate had won in decades, but Larry can't get over the fact that she had
> fewer first choices than Perata. Imagine if instead of Quan winning it was
> some candidate who trailed much further behind in first choices as in 4th or
> 5th place in 1st choices. Accepting that result will take a real  change in
> what people expect winners to achieve.
> I'll use one real example of another aspect to consider: the 2009 Burlington
> mayoral race with IRV. The plurality vote leader in first choices was the
> Republican candidate. He lost to the second place Progressive Party
> candidate in instant runoff voting, just as he would have lost to him in a
> runoff  if all the same voters had come back to vote.. He also would have
> lost to the third place Democrat in a one-on-one race - and so would the
> Progressive. So the third-place Democrat was the Condorcet winner, but
> observers of that race would generally say that the Democrat ran a lousy,
> uninspiring campaign. Condorcet would reward him just by his positioning on
> the ideological spectrum (between the Progressives voters and the Republican
> voters). Even when working clearly, therefore, Condorcet would create a kind
> of "tyranny of the center", with that centrist candidate winning even if
> running a lame campaign. (And as a coda, all the political energy against
> IRV came from backers of the Republican candidate, the "condorcet loser,"
> rather than the Condorcet-winning Democrat who backed keeping IRV despite
> his defeat).
> Again, this critique is all relative, but I like the fact that IRV winners
> have to go out there and earn first choices by inspiring some real support
> -- even as they also get value out of earning second and third choices of
> backers of others candidates. An intern did a thoughtful piece on this issue
> last year -- see:
> http://www.fairvote.org/why-the-condorcet-criterion-is-less-important-than-it-seems/
> Rob
> On Sat, May 7, 2011 at 12:29 PM, Scarberry, Mark
> <Mark.Scarberry@pepperdine.edu> wrote:
>>
>> If you require mandatory ranking then you could use a Condorcet approach,
>> right? My math whiz friend says that you only need very minimal assumptions
>> to get a Condorcet ranking out of the voting, if each voter ranks each
>> candidate.
>>
>>
>>
>> I’m not a Condorcet expert by any means, and this subject may have already
>> been beaten to death on this list. But my best understanding of it is that
>> you run each candidate against every other candidate in head to head races,
>> and the one who beats all the others in these head to head races is the
>> Condorcet winner. It makes sense to me to treat such a Condorcet winner as
>> the winning candidate.
>>
>>
>>
>> If every voter ranks every candidate then you can derive the head to head
>> results as long as each voter’s preferences are transitive (if that’s the
>> term). But you still have the possibility that A will beat B who beats C who
>> beats A. We’ve never had that happen in faculty voting on new hires, but you
>> need a way to break the tie if you get such a “cycle.” Perhaps someone can
>> tell us whether there is a jurisdiction that uses Condorcet voting, and how
>> likely it is that you will get a cycle.
>>
>>
>>
>> Mark Scarberry
>>
>>
>>
>> Mark S. Scarberry
>>
>> Professor of Law
>>
>> Pepperdine Univ. School of Law
>>
>> Malibu, CA 90263
>>
>> (310) 506-4667
>>
>>
>>
>> From: election-law-bounces@mailman.lls.edu
>> [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rob Richie
>> Sent: Saturday, May 07, 2011 8:22 AM
>> To: JBoppjr@aol.com
>> Cc: David@holtzmanlaw.com; election-law@mailman.lls.edu
>>
>> Subject: Re: [EL] a "thumping" in the U.K. AV referendum
>>
>>
>>
>> Hi, Jim,
>>
>>
>>
>> There are a couple issues here.
>>
>>
>>
>> 1. Some American jurisdictions have implemented instant runoff voting with
>> a limitation on rankings tied to current voting equipment inflexibility --
>> three rankings in such cities as Oakland, Minneapolis and San Francisco.
>> That means it's possible that you could rank three candidates who don't end
>> up in the final two in the IRV tally.
>>
>>
>>
>> This limitation on three rankings is subject of a federal lawsuit against
>> San Francisco, but it is a losing case -- by summary judgment at the
>> district level and soon from the 9th circuit, based on the tenor of oral
>> argument. The plaintiffs' argument is dependent on seeing each round as a
>> "separate election," which is not the case. If plurality voting is okay,
>> with voters limited to one ranking, then giving voters to backup
>> opportunities to cast a decisive vote is okay too.
>>
>>
>>
>> 2. More broadly, most implementations of IRV don't limit rankings, but
>> allow voters to abstain from ranking every candidate. If you rank some
>> candidates and then choose not to rank remaining candidates, you are
>> expressing indifference to those remaining candidates -- essentially saying
>> you wouldn't have voted if those were the only candidates running. If we
>> grant voters the right to abstain, you can see how that decision to abstain
>> from ranking is no more of a dilution of the will of the voters than saying
>> that all the people who don't vote at all should be counted against the
>> winner.
>>
>>
>>
>> Australia has mandatory voting -- and mandatory ranking in its IRV
>> elections. So if you want to force people to express an opinion, you can --
>> but I suspect a lot of Americans might resist that notion, as abstention is
>> one means of expressing a political opinion.
>>
>>
>>
>> Given Jon. Huntsman's potential presidential candidacy in a very divided
>> presidential field next year in which "winners" of early contests may have
>> low percentages of the vote, there's value in taking a look at an IRV
>> election in which he participated: at the 2004 Utah state convention with
>> several thousand votesrs  See coverage of that race here:
>>
>> http://archive.fairvote.org/irv/utahindex.html
>>
>>
>>
>> And the actual count, round by round, here -- there were eight candidates
>> and the field narrowed to two, with those two going onto a primary because
>> neither earned 60% to win the nomination outright:
>>
>> http://archive.fairvote.org/irv/utahresults.htm
>>
>>
>>
>> best regards,
>>
>> Rob Richie
>>
>>
>>
>> On Sat, May 7, 2011 at 10:13 AM, <JBoppjr@aol.com> wrote:
>>
>>      As I understand it, the result of "ranked-choice" is that some voters
>> are left out, even potentially a lot of them, if they did not "rank" any of
>> the remaining candidates. How can this result in an election that reflects
>> the will of the voters? Jim Bopp
>>
>>
>>
>> In a message dated 5/6/2011 6:51:56 P.M. Eastern Daylight Time,
>> David@holtzmanlaw.com writes:
>>
>> In Los Angeles, the League of Women Voters advocates using the
>> “alternative vote.”  We call it “instant runoff” or “ranked-choice” voting.
>> Many politicians do resist it, since the existing system has served them
>> well.  Nevertheless, some members of the L.A. City Council, just two shy of
>> the number needed, were willing to put it to a vote in March.
>>
>> Voters here would likely have embraced the change, because ranked-choice
>> ballots allow better expression of voters’ preferences, and instant runoffs
>> (elimination of last-place candidates until a candidate receives a majority
>> of the votes for candidates who remain) make elections fairer — and spare
>> everybody the costs of a separate runoff election day.
>>
>> While the British Prime Minister belittled the proposed election method as
>> “only used by Australia, Fiji, and Papua New Guinea,” he left out
>> neighboring Ireland, and paid no attention to the method’s success in San
>> Francisco and Oakland, and at UCLA, where the Undergraduate Students
>> Association Council recently voted unanimously to retain it.
>>
>>   -- David A. Holtzman
>> President, League of Women Voters of Los Angeles
>>
>> (I wrote this in response to the L.A. Times story,
>> http://www.latimes.com/news/nationworld/world/la-fg-britain-election-20110506,0,3383863.story)
>>
>>
>> On 5/6/2011 2:15 PM, Rob Richie wrote:
>>
>> Yes, indeed. British voters sent a message that they don't want a voting
>> system that will cost them 250 million pounds, give some voters more votes
>> than other voters and give the currently despised Liberal Democrats ongoing
>> power to control government. Now what they would think about the alternative
>> vote as it actually is, who knows...
>>
>>
>>
>> One must accept the voice of the people on this, of course, and it does
>> demonstrate that new voting rules can have difficulty withstanding
>> over-the-top miscategorization, particularly when coming from people (like
>> the David Cameron for the Conservative Party and some of the "old lions" of
>> the Labour  Party that opposed AV) that people want to believe in.
>>
>>
>>
>> For folks recognizing the origins of our electoral rules in Britain,
>> however, there is an important story to be told in reading the article Rick
>> circulated to the bottom. For one, the genie is out of the bottle as far as
>> a neat-and-tidy two-party system there. The Scottish National Party won a
>> majority of seats in Scottish assembly elections, for example, and the two
>> major parties (just like in last year's elections) continue to share a
>> growing share of votes with other parties (last year, a third of voters
>> didn't vote for the two major parties, and more than half of districts were
>> won with less than 50%).. Plurality, "top of the heap" voting isn't meant
>> for such a political reality, so the conversation about what to do about it
>> will continue whether the Tories want it to or not.
>>
>>
>>
>> Second, the UK is far ahead of us in using alternative voting systems in
>> key elections. Scotland and Wales used "mixed member" proportional
>> representation (MMP_ yesterday, for example. MMP is an intriguing method
>> developed with American leadership in Germany after World War 2 that
>> combines winner-take-all districts elections with proportional voting, one
>> also adopted in a national referendum in New Zealand in 1993. Northern
>> Ireland yesterday used the choice voting, AV-type single transferable vote
>> system to elect its regional assembly and local governments, as Scotland
>> does in its local elections as well. Next year, London will elect its mayor
>> with a form of the alternative vote (simplified to voters having two
>> rankings and candidates needing to finish in the top two to win) and MMP for
>> city council.
>>
>>
>>
>> So onward, despite a lot of disappointment in our reform world,
>>
>> Rob Richie
>>
>>
>>
>> On Fri, May 6, 2011 at 4:21 PM, Rick Hasen <rhasen@law.uci.edu> wrote:
>>
>> http://www.guardian.co.uk/politics/2011/may/06/av-over-yes-campaign-routed
>> --
>> Rick Hasen
>> Visiting Professor
>> UC Irvine School of Law
>> 401 E. Peltason Dr., Suite 1000
>> Irvine, CA 92697-8000
>> 949.824.3072 - office
>> 949.824.0495 - fax
>> rhasen@law.uci.edu
>> http://law.uci.edu/faculty/page1_r_hasen.html
>>
>> William H. Hannon Distinguished Professor of Law
>> Loyola Law School
>> http://electionlawblog.org
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>>
>> --
>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>> "Respect for Every Vote and Every Voice"
>>
>> Rob Richie
>> Executive Director
>>
>> FairVote
>> 6930 Carroll Avenue, Suite 610
>> Takoma Park, MD 20912
>> www.fairvote.org  rr@fairvote.org
>> (301) 270-4616
>>
>> Please support FairVote through action and tax-deductible donations -- see
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>>
>> --
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>> david@holtzmanlaw.com
>>
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>> --
>> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>> "Respect for Every Vote and Every Voice"
>>
>> Rob Richie
>> Executive Director
>>
>> FairVote
>> 6930 Carroll Avenue, Suite 610
>> Takoma Park, MD 20912
>> www.fairvote.org  rr@fairvote.org
>> (301) 270-4616
>>
>> Please support FairVote through action and tax-deductible donations -- see
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>> 10132.) Thank you!
>
>
> --
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> "Respect for Every Vote and Every Voice"
>
> Rob Richie
> Executive Director
>
> FairVote
> 6930 Carroll Avenue, Suite 610
> Takoma Park, MD 20912
> www.fairvote.org  rr@fairvote.org
> (301) 270-4616
>
> Please support FairVote through action and tax-deductible donations -- see
> http://fairvote.org/donate. For federal employees, please consider  a gift
> to us through the Combined Federal Campaign (FairVote's  CFC number is
> 10132.) Thank you!
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>



--
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Respect for Every Vote and Every Voice"

Rob Richie
Executive Director

FairVote  
6930 Carroll Avenue, Suite 610
Takoma Park, MD 20912
www.fairvote.org  rr@fairvote.org
(301) 270-4616

Please support FairVote through action and tax-deductible donations -- see http://fairvote.org/donate. For federal employees, please consider  a gift to us through the Combined Federal Campaign (FairVote's  CFC number is 10132.) Thank you!