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The parties’ asymmetric problems and the difficulty of electoral reform

People on both sides of politics agree on the need for some kind of electoral reform. “The current system isn’t working,” we hear often.

Yet the reformers on each side face a different set of problems. This leads to diverging institutional preferences: in terms of seats/votes proportionality and expected effects on party discipline. The result will be no reform at all, state/local efforts to promote “proportional ranked-choice voting,” or a set of compromises (policy- and office-seeking) that neither side seems willing to make.

The Democrats’ problems

Democrats face two related problems. One is insufficient party discipline. Witness the failure last December to shepherd voting-rights legislation through the Congress. Or the scuttling of Joe Biden’s Build Back Better legislation.

A second problem, well-documented by Rodden and the gerrymandering crew, is the concentration of their voters in population-dense regions. This is why we hear that Democrats are disadvantaged, relative to Republicans, when it comes to translating votes into proportional (or better) shares of seats.

These problems are related because, to win congressional majorities, Democrats must appeal to voters in conservative areas. Hence the production of a caucus whose own members defeat its priorities.

If I have captured the problems accurately, the institutional prescription is straightforward. Find a reform that undoes the geography problem, then makes individual members more beholden to party leadership: list PR.

The Republicans’ problem

Republicans’ problem is much different. The NeverTrump wing of the party has a #PrimaryProblem. Solving the #PrimaryProblem requires replicating the Murkowski coalition. In turn, that requires permitting two Republican parties to present themselves on one ballot, then getting a sufficiently large group of Democrats to cross over.

The reform solution is accordingly different: preserve single-seat districts, and break the major parties into factions.

Prospects for reform

If I have characterized the situation accurately, there is little hope for a congressionally imposed solution. Democrats need proportionality and more leadership control of nominations. Republicans need disproportionality (i.e., the district-structure status quo) and less leadership control of nominations. Democrats from conservative districts may face similar incentives.

What about how the expected number of parties affects reform prospects? Some Democrats likely do not want the party’s left wing to bolt. Republicans likely do not want a governing coalition to include that party. Hence some opposition to PR in both camps. And others may be steeped in the idea that multiple parties equal instability.

For various reasons, I don’t think the bolt is likely. Even if it happened, it might not matter — if reform made parties stronger, leading to the style of coalition politics that we find in most other democracies.

Further implications

Very few observers are making any sort of case for list PR. One possible reason is precisely that list PR implies greater leadership control of nominations.

Further, list PR does not ‘work’ with a system of nonpartisan elections. Only the single transferable vote (STV) can show progress if the goal is to create “demonstration cases.” Given the analysis of congressional prospects above, demonstration cases may be the best a reformer can do.

Is there a way out?

No, probably not without some policy concessions.

For Democrats, the Republican reforms mean leaving Republicans in control of the House. For Republicans, the Democratic reforms mean splitting the GOP in two — full-blown parties, not factions, to regulate the party lists — as well as ceding House control for the foreseeable future. It also might mean giving up the White House, unless the two Republican parties fused to contest those races.

Should there be a way out?

Yes, I think we are at a pivotal moment. I think our grandkids will speak poorly of us for failing (a second time) on voting rights, then leaning into ‘incremental’ reforms with an iffy track record.


Cross-endorsement fusion is better than instant runoff (and approval)

I spent a chunk of Memorial Day weekend writing up some thoughts on fusion. They apparently are part of this case (which does not affect my views). Here is the opening paragraph:

I have been asked to share some thoughts on political parties, democratic stability, and the relationship of each to ballot fusion (understood here to mean cross-endorsement). What follows is based on my doctoral education and ongoing research into so-called ‘multiparty reforms.’ A key theme will be that the number of parties matters less than whether the electoral rules facilitate coalition, then make such coalitions unambiguously known to voters. Cross-endorsement fusion has desirable properties on both fronts: promoting coalition, then telling voters on the ballot what coalition they aim to place in control of government.

The ideas in the ‘expert report’ are based partly on material from an early draft of my book, but which I decided to save for stand-alone publication.

That part of the book deals with “making reform work,” especially against the joint backdrop of presidentialism and the Electoral College. I might as well share the language now.

No consideration of multiparty American democracy is complete without attention to the presidential system of government. There are two big problems: the Electoral College unit rule, then the so-called separation of powers. I will suggest ballot fusion as a way to deal with both. The reason is that it promotes more efficient bargaining than the leading alternatives, namely, ranked-choice voting and runoffs.

In the American system of presidential elections, a third-party candidacy poses two big threats. One is that the trailing candidate may win the election — not only because the system advantages low-population states, but also due to spoilers in electorally pivotal states. Another is that there may not be a majority in the Electoral College, throwing the decision to the House of Representatives (where each state delegation votes in block). The strongest institutional explanation for our two-party system is the “unit rule” allocation of a state’s electors to the popular-vote winner in said state. This system solidified in 1836, not accidentally alongside the two-party system itself (E. J. Engstrom 2004). Had we become democratic in the era of multiparty democracy, it is likely we would use some other method to elect the President. Clearly, if we are to have majority rule and multiparty government, there needs to be some new mechanism for presidential elections.

With either problem, the issue is to promote bargaining, leading to some coalition with majority support. One possible option is electoral fusion. Under fusion, two or more parties nominate a single candidate, and voters may support that candidate on as many ballot lines as there are nominating parties.

Fusion is not the same cross-filing, which allows the candidate to choose which party labels appear near their name (Masket 2009) […]

Fans of other systems (e.g., runoffs, single-seat RCV) may counter that their preferred remedies achieve the same result. […] One thing is certain, however. Under fusion, the incentive is for two or more parties to agree on just one candidate. They do not compete for votes: first-choice, second-choice, or otherwise. Rather, they pool effort behind victory for the coalition. Evidence also suggests that fusion increases voter turnout, mainly by mobilizing voters who do not turn out for either major party (Michelson and Susin 2004; Kantack 2017). For more information on fusion, including its history in American elections, see a comprehensive book by Lisa Disch (2002).

At this point, some may note that no proposal deals with the Senate. Even if we can design a system for multiparty coalition within the separation of powers, the Senate still entrenches a minority veto. Further, the critical determinant of this veto — an equal number of Senators per state, regardless of population — cannot be removed from the Constitution.

My expert report only deals indirectly with the presidentialism issues above.


Back to the future: ‘nonpartisan’ proportional representation

Yesterday, I received an email from the Open Primaries organization. It included the following words. What’s interesting is the suggestion that proportional representation (PR) be designed to cater to independents. Independent-politics reformers typically oppose PR, and PR supporters typically have party proportionality in mind.

There is an accelerating conversation about electoral reform happening. Proportional representation, ranked choice voting, nonpartisan and open primaries, nonpartisan redistricting (and more) are all hot topics.

We’re particularly interested in conversations, campaigns and activities that bridge the gap between structural reform and rising independence. For reform to be maximally effective it needs to be grounded completely in where the American people are and where they are headed.

And they are going independent!

Chapter 3 of More Parties or No Parties documents a similar fusion at the height of the Progressive Era. It didn’t end well!


The one-vote system

Kevin Kosar of the American Enterprise Institute generously invited me to do a Q&A on the ‘one-vote system’ — and candidate-based forms of list PR in general. The Q&A builds on my recent op-ed in The Philadelphia Inquirer. You can read the Q&A here.

There’s a tendency in reform circles to ask too much of voters. I’m thinking here of elaborate schemes like RCV, STAR (Score Then Automatic Runoff), and approval. Ballot reforms like these basically ask voters to pick a better coalition. One-vote flips that around — give voters representation, then have their representatives form the coalition. It’s a lot more realistic.


Interesting words from Hermens

What follows is from a conference paper given in 1985, at the Annual Meeting of the American Political Science Association (New Orleans). Hermens was wrong about a lot. An example is his insistence on the phrase “majority voting,” which he used to describe anything other than “PR” (which also does not convey much information). On other things, he seems to have been right.

The paper was written in a period of re-polarization. The advice to embrace “majority voting” should be viewed with that development in mind.


Dr. Hallett, who has carried the American banner for P.R. for so many years, recently published an essay entitled “Proportional Representation with the Single Transferable Vote: A Basic Requirement for Legislative Elections.” He considers P.R. a logical implication of the “one-man one-vote” rule and has expressed hope that the Supreme Court will declare it a requirement of the Constitution. This point will apparently be argued before the Court in the case of Davis vs. Bandemer, which centers on gerrymandering, but has caused proponents of P.R. to state that no redistricting under majority voting will do; it has to be P.R. all the way, and the Single Transferable Vote (STV) at that.

In an examination of the issues involved it might be useful to recall what Walter Lippmann wrote two generations ago: “For the most part, we do not first see and then define; we define first and then see.” This statement is more relevant now than it was when originally made, and nowhere more so than in a discussion of electoral systems. In the case of P.R. all essential problems arise from the fact that its proponents first use a concept of representation which takes much for granted of which they ought to prove, and then sees everything in light of that concept. They are thereby depriving themselves of a chance to observe any of the drawbacks which result from the application of P.R. while ignoring the positive aspects of what majority voting contributes to the democratic process.