About that post on the Democratic race…

Now that Bernie Sanders is out of the contest for the 2020 Democratic presidential nomination, I think we can safely say that my take from late December was more or less correct. Oh, I might have wobbled a little bit in my confidence some time in February. But I never did believe the various projections that Sanders had become the favorite, even when things were looking rather bleak for Joe Biden. I certainly did not see things going through all the twists and turns that they did. That Biden would come out on top was not inevitable. Nonetheless, Biden’s dominance of the period before any actual voting started always seemed likely to play out in some fashion with him as the nominee. Or so I said in late December. That was my story and I was sticking to it!

Biden was not my first choice. He might not even have been my fifth choice in the original field (I am glad I never had to rank them!). But I am glad Sanders finally bowed to the inevitable, and got out of a contest in which his only real chance always depended on prolonged fragmentation and implausible “theories” about voter mobilization.

Super Tuesday guide

I made myself a guide to the states (not all of them) voting today. It includes the FiveThirtyEight polling aggregate and the most recent individual polls (which will have been included in the aggregate as well). It also has the poll closing times.

Sanders Biden Bloomberg Warren others Polls close (PST)
Alabama 5:00
538 18.4 40.2 15.9 10.9 14.6
Swayable Mar 1-2 20 42 20 10 8
Data for Progress Feb 27-Mar 2 22 47 18 12 1
Arkansas 5:30
538 18.1 27.5 21 12.5 20.9
Swayable Mar 1-2 17 28 25 10 20
Data for Progress Feb 27-Mar 2 23 36 22 15 4
Hendrix Coll. Feb 6-7 16 19 20 9 36
Colorado 6:00
538 26.8 18.2 15.8 16.3 22.9
Swayable Mar 1-2 29 20 19 12 20
Data for Progress Feb 27-Mar 2 32 18 16 21 13
Elucd Feb 26-Mar 1 34 10 9 14 33
Magellan Strategies Feb 24-25 27 11 11 15 36
Data for Progress Feb 23-25 34 10 14 20 22
Massachusetts 5:00
538 26.8 18.2 15.8 16.3 22.9
Swayable Mar 1-2 27 17 18 15 23
Data for Progress Feb 27-Mar 2 26 26 15 28 5
Suffolk Feb 26-29 24 11 13 22 30
Minnesota 6:00
538 26.2 18 12 14 29.8
Swayable Mar 1-2 27 20 14 8 31
Data for Progress Feb 27-Mar 2 32 27 16 21 4
North Carolina 4:30
538 22.1 34.5 14.4 11.3 17.7
Swayable Mar 1-2 23 36 18 10 13
Data for Progress Feb 27-Mar 2 27 36 18 14 5
Elucd Feb 26-Mar 1 26 25 15 12 22
High Point Univ Feb 21-28 28 14 20 12 26
Tennessee 5:00
538 24.7 29 15.7 12.3 18.3
Swayable Mar 1-2 27 28 17 9 19
Data for Progress Feb 27-Mar 2 27 34 20 15 4
Oklahoma 5:00
538 30.6 22.1 13.7 13.6 20
Swayable Mar 1-2 26 38 11 13 12
Data for Progress Feb 27-Mar 2 28 35 19 16 2
Sooner Feb 17-21 13 21 20 9 37
Texas 5:00
538 28.2 25.5 16.5 13.3 16.5
Swayable Mar 1-2 28 27 20 12 13
Data for Progress Feb 27-Mar 2 28 30 20 15 7
AtlasIntel Feb 24-Mar 2 35 25 16 9 15
Emerson Coll Feb 29-Mar 1 31 26 16 14 13
Elucd 31 20 14 13 22
Note: some parts of Texas are in MST, where polls close at 6:00
California 8:00
538 31.2 21.7 14.7 14.9 17.5
Swayable Mar 1-2 29 21 19 10 21
Data for Progress Feb 27-Mar 2 32 25 17 16 10
AtlasIntel Feb 24-Mar 2 34 26 15 15 10
Point Blank Feb 29-Mar 1 34 22 10 14 20
Emerson Coll. Feb 29-Mar 1 38 21 11 16 14

I inadvertently left Virginia off the original. Here it is:

Virginia 4:00
538 21 39 14.6 12.3 13.1
Swayable Mar 1-2 20 36 20 11 13
Data for Progress Feb 27-Mar 2 24 39 18 17 2
AtlasIntel Feb 24-Mar 2 28 42 11 10 9
Change Res. Mar 1-2 25 45 10 13 7
Chris. Newport U Feb 3-24 17 22 13 8 40


Super Tuesday district magnitudes

I was curious what the district magnitudes were for states voting on Super Tuesday. That is, how many delegates to the Democratic convention are chosen in each district? In addition to a variable number per district, there are (almost) always two statewide districts. Each district–congressional and statewide has a 15% threshold. It is this complexity that makes these systems a strategic voters’ nightmare, given that we still have four “serious” candidates that are active and may be viable in many states (and two who may hover near 15% in many states and districts).

So here is a rundown of the states that are voting today, thanks to the Green Papers. All states are included there; see links at the top of the page for upcoming states. Another excellent source is Frontloading HQ. The table shows the mean by district, the district minimum and maximum, and the two sets of statewide delegates.

State CD Mean Min CD Max CD At large PLEO
Ala. 4.9 3 8 11 7
Calif. 5.1 4 7 90 54
Colo. 6.3 4 9 14 9
Maine 8 7 9 5 3
Mass. 6.6 6 8 20 12
Minn. 6.1 4 10 16 10
N.C. 5.5 3 9 24 14
Okla. 4.8 4 6 8 5
Tenn. 4.7 4 7 14 8
Tex.* 4.8 2 10 49 30
Utah 4.8 2 7 6 4
Vt. 17
Virg. 5.9 4 7 21 13
* Texas elects its delegates in its 31 state senate districts instead of congressional districts; Vermont has only statewide delegates

For comparison of how these break down at district level, here is how it worked in South Carolina (Green Papers for the delegates; South Carolina State Election Commission for the vote percentages).

District Tot Qual Del Tot Alloc Del Tot Alloc Del
Vote Vote Vote Pct. Vote Pct.
CD1 103,538 65,251 6 45,340 43.79 4.169 4 19,911 19.23 1.831 2
CD2 78,881 52,156 4 36,503 46.28 2.8 3 15,653 19.84 1.2 1
CD3 51,321 33,842 3 22,287 43.43 1.976 2 11,555 22.52 1.024 1
CD4 70,394 44,856 4 27,509 39.08 2.453 2 17,347 24.64 1.547 2
CD5 69,852 50,690 5 36,916 52.85 3.641 4 13,774 19.72 1.359 1
CD6 93,204 70,304 8 55,855 59.93 6.356 6 14,449 15.50 1.644 2
CD7 71,043 51,116 5 37,469 52.74 3.665 4 13,647 19.21 1.335 1
PLEO 538,233 368,215 7 261,879 4.978 5 106,336 2.022 2
At-Large 538,233 368,215 12 261,879 8.535 9 106,336 3.465 3
Total 54 39 15

For the record, the highest percentage Tom Steyer had was in district 3, where he had 14.55%. So close! (But the district elected only 3, so even 15% of the vote would have been insufficient.) He also had 13.06% in district 6. The closest Pete Buttigieg came was in district 1, where he had 12.55%. Elizabeth Warren’s best was only 9.29% (district 4).

The strategic voters’ nightmare that is US Democrats’ “proportional” system

With a “front runner” who so far is not mustering more than a quarter of the vote in polling aggregates (e.g., both Fivethirtyeight and Economist), and four other candidates in the 10%–20% range (here with some variation between different aggregators), it is a good thing the Democratic Party uses proportional representation to choose its nominating-convention delegates. Right?

Well, not this “proportional” system. I will now leave aside those zany rules of the Iowa caucus or the marginally more rational rules of the Nevada caucus, and focus on the closest thing we will get to a national primary: “Super Tuesday”. Specifically, I will focus on California for the the obvious reason that it is the biggest. And happens to be where I live and vote. Other states have broadly similar systems, but for smaller numbers of delegates.

This is one awful example of “proportional representation” (PR). Why? First, because it is not really PR due to the high threshold. Second, because it is ridiculously complex. Third (and flowing from the first two), because it is nearly impossible to know how one should make effective use of one’s vote.

My premise is to assume a voter wants to vote against Sanders. (Any resemblance to any particular actual voter may be coincidental. Or not.) With so many candidates still in the mix, one could at least feel good that it in a big state with a lot of delegates, the proportional allocation will mean your vote is not wasted. It could help select some delegates for whichever non-Sanders candidate the voter selects.

But that is not the case at all.

First, there is the threshold. It is set at 15%, which is extremely high. It is all the worse when, as noted already, so many trailing candidates are at risk of falling below 15%. It is not out of the question that all of California’s delegates could go to Sanders even if he has just 32% of the vote, as in a recent PPIC poll. That poll has Biden in second with only 14%. A delegate sweep is not the most likely outcome (8% are undecided, and many might be weakly supportive of their current choice and thinking strategically, like our hypothetical voter), but it is possible. One hundred percent of the delegates on a third of the vote certainly would not be a  “proportional” outcome!

Then there is the districting. Obviously, we know from studies of electoral systems for actual proportional representation systems that having many districts, and low-moderate district magnitude (number of seats–here, delegates–per district) reduces proportionality. On the other hand, if a candidate is just below 15% statewide, the districting might help that candidate, to the extent that there is regional variation in support. Failing to clear the statewide threshold does not preclude getting delegates in a district, as long as the candidate is above 15% in any given district, and that the magnitude of that district is large enough for the candidate to get a delegate with whatever his or her vote share is in the district.

The statewide delegates amount to around 35% of all the delegates awarded in California: 144 of the 415 total. In electoral system terms, the allocation is in parallel, not compensatory like many two-tier proportional systems. That is, a candidate who clears 15% gets a “proportional” share of the statewide delegates and adds on to this whatever number of delegates he or she has won in districts.

A statewide district of M=144 seems huge, right? Well, this being the Democratic Party, they have to make it further complicated. There are two statewide districts, in parallel with each other as well as with the many sub-state districts. The magnitudes are still large, at 54 and 90. (The former are the PLEO, or pledged leaders and elected officials.)

The districts for delegate selection are the state’s districts for the US House. They vary in magnitude for delegate purposes according to recent Democratic voting history in the district. California has 53 districts, and they vary in magnitude from 4 to 7. There are only two districts (numbers 12 and 13) that elect 7. The mean magnitude is 5.1. See the California Democratic Party Delegate Selection Plan (pp. 14-15 of the linked PDF) for the number per district.

(The Plan has no description of the specific allocation formula that I could find, but maybe I missed it; see also GreenPapers.)

So what should our totally hypothetical anti-Sanders voter do? Ideally, figure out which of the other (acceptable) candidates is above 15% in his or her district. Better yet, figure out which one might be marginal for a delegate. That would be a strategic vote based on local support and the district’s magnitude. But it is not as if such information is widely available. One can guess off district demographics, or noisy signals like local offices for the campaigns or yard signs, etc.

The PPIC poll has a regional breakdown within California. But the “regions” are blunt categories–Los Angeles, Other Southern California, SF Bay Area, and Other. There is some considerable variation, even with the caveat that we have 53 districts but four regions. Sanders leads in Los Angeles with 36% and the next up is Biden, at 16%. In Other Southern California they are on 41% and 15%, with Buttigieg also on 15% (the latter supposedly has just 9% in LA). SF Bay Area also has Sanders leading with only 31% and the next closest is Warren at 18% and then Bloomberg at 14%. If, like me, you are in “Other” it is really a mess! We have Warren 18%, Biden 17%, Sanders 16%, Buttigieg 14% (also 11% unknown, higher than other regions). Of course, a lot of these are in the margin of error of the threshold, and each other, and further district-level variation within each region is likely.

So maybe the best is just to figure out which ones are likely to be close to, or “securely” above 15% statewide. Forget the district, and focus on those two large magnitudes at the state level, in which small vote shifts for above-threshold candidates actually could change the delegate totals.

The previous numbers are based on only poll, of course. There is too little polling of this state. The FiveThirtyEight estimate for California is a little different: 27% Sanders, 16% Bloomberg, 14% Biden, 11% Warren, 10% Buttigieg. (The total for all listed candidates gets us to 89%, so 11% undecided.) Given the paucity of polling, these estimates are based not only on polls, but also on national trends adjusted for state demographics. And, as noted earlier, it risks no one but Sanders being over the threshold, even if that is not in the end a likely scenario, in part because allocating or removing undecideds likely puts at least a couple of other candidates over 15%. Plus, as mentioned, there will be some degree of regional variation that can make a sub-15% candidate statewide be well above that level in a district. But also, remember: many districts have a magnitude so low that even 15% locally would not be enough for a district delegate!

Or there’s voting sincerely. What a concept. Since I don’t like any of these candidates, that would mean staying home. But I don’t want to do that!

The zany Iowa allocation

Really, this is unjustifiable. I used to believe the Democratic Party actually used “proportional representation” for its presidential nominating delegate allocation. But this is not even close.

“Realigned vote” is the shares after participants in candidate-supporting groups that were below 15% in any given precinct shift to their second choice. This is the only good part of the whole process. The “realignment advantage” is just an indicator of how much a candidate gains (or loses) at that stage: the realigned vote share divided by the initial vote share.

How you get from there to the final delegate allocation is clearly some sort of black magic. It goes by way of this weird phantom called “state delegate equivalents”.

And somehow out comes an allocation in which a candidate who started off in second place, even after realignment, not only comes in first in delegates but somehow is over-represented to about the same degree as the first place party in your average FPTP election. (Delegate advantage is the delegate share divided by the realigned vote share.)

This is not proportional representation. Whatever it is, it is no way to run a presidential nominating process.

And I have not even mention the great app failure, or the possibility that some precinct-level allocations were just calculated wrong. (See spreadsheet of errors.)

Sources for data: NYT, WaPo, IDP.

See also a breakdown of available delegates by county and precinct. (The IDP link above has it even more detailed.)

Democratic primary: Don’t understate Biden’s dominance

The fragmentation of the US Democratic Party’s field of presidential pre-candidates exaggerates the weakness–real though it is–of the clear front-runner, Joe Biden.

Taking two poll trackers, Economist and FiveThirtyEight, here are those polling at five percent or more:

Pre-candidate Economist FiveThirtyEight
Biden 26 27.3
Sanders 17 17.8
Warren 16 14.7
Buttigieg 8 8.0
Bloomberg 7 5.0
(Sub-)total 74 72.8

It is noteworthy that even with so many candidates and different methodologies, the two trackers agree on the order. The only really substantial difference between them is in the estimate for Bloomberg. Not shown here, the two trackers also agree in the order of the next three: Yang, Klobuchar, and Booker. After that they diverge on the farther trailing candidates. (Economist has both Gabbard and Steyer at 1% but lists her ahead of him; perhaps we could say they agree on the order of the top ten.)

In the Economist tracker, the full list of all candidates who are given a vote percentage includes five listed as “<1%” (trailing two estimated at 1%). If we assumed all these five averaged 0.5% (which is probably too high) we still get to only 88.5% as a “total”. So that leaves too much for the thirteen who were running but have dropped out; the tracker does not report a percentage undecided. If we take Biden’s percentage over all those with at least 1%, he is just over 30%. Still pretty weak for a front-runner. But the one in second place, Sanders, would rise only to just under 20%. That’s a large gap.

Applying the same exercise to the FiveThirtyEight percentages–which have six candidates over 1%–we get a “total” of 86.3% and the top two at 31.6% and 20.6%.

The Democratic Party obviously does not use a nationwide two-round majority rule. But if it did, where would a top two 30–20 finish rank? How likely would it be that the second place candidate would win the runoff? I looked at this question in 2016; the graph at that post shows rather few real-world presidential contests with approximately 30–20 for the top two. But if one were to draw a line on the graph marking the region in which the gap is ten percentage points or more, no second-candidate comeback shows up with this large a gap until the leading candidate is around 35% (Austria 2016, the case that prompted the post). That is, even with a first-round candidate as weak as a third of the vote or less, comebacks occur only when the two are rather closer than Biden and Sanders are at this point. And this is, of course, before one even considers ideological placement of the candidates.

What I am getting at, in case it is not obvious, is that it is hard to imagine Biden not being the winner were there a hypothetical direct two-round primary–and even if the field stayed this fragmented up till the first round (which is itself unlikely). Perhaps Warren’s chances increase slightly if this nationwide primary were run under the alternative vote. She might pick up enough from eliminated candidates to surpass Sanders in the final two when calculated this way. It still seems a stretch that she could end up with a majority after reallocation of preferences.

Now, let’s try a different hypothetical. The primary actually uses proportional representation to allocate delegates. Sort of. There is a 15% threshold, and the rules consist of a mix of statewide delegate allocation and allocation in congressional districts using varying district magnitude. If it were a single-shot affair rather than sequential across states and regions, only three candidates look like they would get any delegates (generously granting Warren what she needs to get over 15% in the FiveThirtyEight tracker or allowing for regional variance even if she stayed at 14.7%). In this scenario, Biden has 44% or 45% of the above-threshold vote. That might just be enough to win a majority of elected delegates or close to it, given a medium district magnitude on average. It would certainly put him close.

(There are 3,836 “pledged” delegates; 435 congressional districts plus separate statewide districts for the states that have more than one congressional district, DC, and various territories means ~480 districts, so an average magnitude of about 8.)

None of this is to say Biden can’t be caught by someone. And in the real and strange world, Iowa and then New Hampshire get to go before anyone else. According to FiveThirtyEight, Biden is in a tight three-way fight in their Iowa estimate, with Buttigieg still clinging to a slight lead over Biden and then Sanders (19.7–19.1–18.3), with Warren at just 13.4%. The New Hampshire estimate is similar, only with Sanders the one clinging to a narrow lead over Biden and Buttigieg (18.0–17.3–15.6) and Warren at 13.9%. (Gasp–the fifth place candidate is Tulsi Gabbard, on 4.9%.)

The odd (I am being kind) procedure the party uses in the real world could still produce a surprise, if Biden fails to get a plurality in either Iowa or New Hampshire, and if the pre-candidate (or two or more) beating him were to surge nationally afterwards. It looks unlikely to me. I think Biden has it, barring an occurrence of something even stranger than the method by which the party selects its nominee.

“Winnowing works”–or does it?

I keep seeing political scientists–among those who focus on the US case–using a hashtag that says, “winnowing works”. It has got sufficiently under my skin that I decided to rant about it just a little. Honest, just a little.

I take it they are indicating that it is a good thing that the process set by the Democratic National Committee (DNC) has led to several presidential precandidates dropping out already. Sure, in that sense, winnowing works–by definition. That is, the field is smaller than it was a few weeks ago.

But is it working at the task that is presumably the one we should judge it by–producing a strong nominee? I have my doubts. I have very serious reservations about the current top three (Biden, Sanders, Warren). This is (somewhat) independent of their specific policies or track records. They are all old, and each one brings some significant baggage or potential problems with electability.

Maybe I am just unhappy that candidates I disliked less than the rest of the field, like one emphasizing an issue that should be front and center and was one of the few governors in the field (Inslee), one I just happen to find appealing (Booker), or one who seems especially well positioned to win Great Lakes area states lost in 2016 (Klobuchar) are all languishing. But that’s the point. Some of these currently lesser know candidates might have been better choices (Inslee is already out). But they have been, or likely soon will be, winnowed out months before anyone actually casts a vote.

The DNC is doing something very strange here. On the one hand, it continues to pander to the insistence of certain small and unrepresentative states to go early in the process of voting, on the theory that voters seeing a candidate up close are better able to make choices than the rest of us. On the other hand, it has created these big media events (“debates” is not really an appropriate term) and qualifications based on national polling and contributors, which make mass-media name recognition especially important. Am I wrong to see this as a fundamental contradiction?

There are many, many things I do not like about the US process of presidential selection. But I am just not convinced that winnowing is working at delivering a good nominee, vetted by actual voters whether in little states or the Democratic electorate at large.

Rotation of US Supreme Court justices?

According to the transcript of the Democratic pre-candidates’ debate (night 2), Bernie Sanders said:

I do not believe in packing the court. We got a terrible 5-4 majority conservative court right now. But I do believe that constitutionally we have the power to rotate judges to other courts. And that brings in new blood into the Supreme Court…

I would not pretend to know what Bernie meant. He says some strange things. But the Constitution is pretty brief on structure of courts. Let me try to imagine what he meant, and consider whether it could be constitutional.

Could legislation establish that there is a wider panel of appellate justices from which Supreme Court justices are drawn for periods of time? I am certainly not a constitutional lawyer, but maybe.

In Article III, Section 1, the US Constitution states, in part,

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…

So we know from this that how “inferior courts” are structured is up to Congress, and that individual judges can’t be subjected to a term of some set length, without a constitutional amendment.

We also know, from Article II, Section 2, that the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court.” No other judges of any court are mentioned. So legislation could establish the inferior court judges are appointed by the Supreme Court, for example (a model that is actually used in some countries). But the point about “rotation” raised by Sanders is the reverse: could members of the Supreme Court be drawn from other courts, rather than be sitting on a permanent body?

I do not see why not. The judges as individuals can’t be dismissed except for violating “good behaviour”. But could not Congress establish that the President, at set periods, appoints (with advice and consent) judges from the Circuit Courts to sit on the Supreme Court, who at set periods rotate back to their “inferior” courts? The only obstacle that becomes immediately apparent to me is if the specific court (Supreme or inferior) a judge sits on is considered part of his or her “Compensation” (capital C in original, Article III, Section 1). But if all judges in these courts are accorded the same salary and benefits, then maybe the Constitution actually does permit some sort of rotation.

Now, I am not saying that Sanders is clever enough to have thought it though the way I just articulated. Nor I am claiming that I have not overlooked some other constitutional obstacle. But the Constitution is a lot more vague than folks might think when it comes to stipulating how the federal judiciary is structured. Most of that is left to Congress.

The 2018 Ranked Choice Voting Election in Maine’s Congressional District No. 2

Maine’s recent congressional election – the first-ever federal poll in the U.S. to be held under Ranked Choice Voting (RCV) – took place against a backdrop of continuing opposition by the Republican Party to the recently introduced voting system. State GOP leaders not only called on their voters to rank just the party’s candidates, but sought as well a court ruling to prevent RCV from determining the outcome of the U.S. House of Representatives election in Congressional District No. 2, and subsequently a recount of all ballots in the election (later called off while it was underway).

Nonetheless, a significant minority of Republican voters in the district ignored party exhortations and indicated valid rankings for at least two candidates, while substantial minorities of non-GOP voters only gave a first preference to Democratic or independent candidates. At the same time, the number of voters who engaged in bullet voting – indicating a preference for just one candidate – constituted a minority of the voting electorate in CD-2. This is notable when one considers that in both the 2016 and 2018 RCV referendums held in Maine, a majority of voters in CD-2 rejected the switch from plurality voting.

Moreover, a federal judge first allowed the RCV count to take place, and subsequently issued a ruling upholding the constitutionality of the election in the congressional district, where incumbent Republican Bruce Poliquin obtained the largest number of first preference votes, but fell short of an absolute majority; he then lost the second and final round of counting to Democratic challenger Jared Golden, who prevailed with 142,440 votes (50.6%) to Poliquin’s 138,931 (49.4%) following the elimination of independent candidates Tiffany Bond and Will Hoar, whose second preferences were transferred to the remaining two candidates. The First Circuit Court of Appeals subsequently denied Congressman Poliquin’s motion for an injunction to prevent Golden from being declared the winner, and Poliquin – who wanted the election outcome determined solely by the first preference count, or by a re-run under plurality voting – dropped the lawsuit challenging RCV shortly thereafter.

The following table, based on a tally of 296,077 cast vote records in CD-2, published by Maine’s Secretary of State on his official website, shows the distribution of first preference votes for each candidate with at least a valid second preference for another candidate (“Preference”), or no second and successive preferences for a different candidate (“Bullet”); the “Other” category groups ballots with valid first preferences, but no valid second or successive preferences due to either overvoting on the second preference ranking – indicating a second preference for more than one candidate – or undervoting i.e. leaving blank more than one consecutive ranking beyond first preference while indicating preferences for other candidates, or a combination of both. State of Maine 2018 Ranked Choice Voting (RCV) Election Data has frequency counts for all 1,564 tallied preference combinations in the CD-2 election.

Candidate Bullet % Preference % Other % Total
Bond (I) 4,333 26.2 12,106 73.1 113 0.7 16,552
Golden (D) 51,423 39.0 79,551 60.3 1,039 0.8 132,013
Hoar (I) 2,120 30.8 4,713 68.6 42 0.6 6,875
Poliquin (R) 89,228 66.5 43,955 32.8 1,001 0.7 134,184
Total 147,104 50.8 140,325 48.5 2,195 0.7 289,624

There were 435 overvotes and 6,018 undervotes in the first preference count; the latter figure – which included 5,711 ballots undervoted on all available rankings – is noticeably lower than the reported number of blank ballots in the plurality-based 2014 and 2016 U.S. House elections in CD-2, and it is also lower than the number of blank ballots in the district for this year’s gubernatorial election in Maine, which was also carried out by plurality voting. At the very least, these numbers indicate the introduction of RCV did not bring about an increase in the number of blank or invalid ballots. In addition, the very low number of overvotes strongly suggests there was little voter confusion about the new electoral system.

Of the 147,104 voters in CD-2 who indicated valid preferences for just one candidate, 137,971 indicated only a first preference, including 315 cases with a second preference but no first preference, while an additional 9,133 voters indicated a valid first preference (or a valid second preference without a first preference), as well as additional preferences, but only for a specific candidate; a large majority of these – 7,706 voters – gave all five preference rankings to their chosen candidate. Under Maine’s RCV counting rules, these votes had the same effect as having indicated only a first preference for the selected candidate. However, while ballots with valid preferences for just a single candidate constitute a narrow majority of the valid first preference votes, they represent a minority of 49.7% of all votes cast in the district. By contrast, in both the 2016 and 2018 RCV referendums, CD-2 reported a majority of votes against RCV both among the valid and overall vote totals. Moreover, even among voters casting valid first preferences, those who indicated a first preference only were a minority of 47.6%.

Bullet voting for the two major-party candidates had no impact in the CD-2 election outcome, since their first preferences were tallied in the second count as preferences for continuing candidates. However, the 6,453 ballots with valid rankings for either Bond only or Hoar only made up the bulk of the 8,253 non-transferable votes in the second count (most of the remaining 1,800 votes in that group had valid rankings for both Bond and Hoar, but not for the other two candidates). It has been suggested that these voters were confused as to which candidates would make it to the second count, but a far more likely explanation is that they simply wished to support the independent candidates only and didn’t care for either of the two major-party candidates. In fact, their behavior is functionally the same as that of voters in traditional runoff systems casting a blank or invalid ballot in the runoff election, after the candidates they originally supported were eliminated in the first round of voting. Moreover, Bond and Hoar first preference voters had the lowest proportion of bullet voting, at just under two out of seven ballots cast for them.

The overall distribution of bullet votes and preference votes in the CD-2 election closely resembles the 2016 and 2018 RCV referendum outcomes, and it would seem this is not entirely a coincidence: in towns with more than ten voters, there were moderately strong correlations between bullet voting in 2018 and opposition to RCV in 2016 (0.62), as well as between preference votes in 2018 and support for the new electoral system two years earlier (0.64); when the correlations were calculated on the basis of valid votes only, both stood at 0.63.

In conclusion, neither all GOP voters in CD-2 ranked Congressman Poliquin only (nearly a third cast a preference vote) nor did all Golden voters (or those backing independent candidates Bond and Hoar) rank other candidates – this was the case with almost three out of eight non-Poliquin voters. There was little evidence of voter confusion, and casting a preference vote or a bullet vote may have been indicative of ongoing support for RCV or opposition to it, respectively; if so, the election outcome did not point to growing opposition to the newly adopted electoral system. Just as important, these findings should leave no doubt that RCV is not a clear-cut partisan issue.

NYT endorses a larger House, with STV

Something I never thought I would see: The editorial board of one of the most important newspapers in the United States has published two separate editorials, one endorsing an increase in the size of the House of Representatives (suggesting 593 seats) and another endorsing the single transferable vote (STV) form of proportional representation for the House.

It is very exciting that the New York Times has printed these editorials promoting significant institutional reforms that would vastly improve the representativeness of the US House of Representatives.

The first is an idea originally proposed around 50 years ago by my graduate mentor and frequent coauthor, Rein Taagepera, based on his scientific research that resulted in the cube root law of assembly size. The NYT applies this rather oddly to both chambers, then subtracts 100 from the cube root result. But this is not something I will quibble with. Even an increase to 550 or 500 would be well worth doing, while going to almost 700 is likely too much, the cube root notwithstanding.

The second idea goes back to the 19th century (see Thomas Hare and Henry R. Droop) but is as fresh and valid an idea today as it was then. The NYT refers to it as “ranked choice voting in multimember districts” and I have no problem whatsoever with that branding. In fact, I think it is smart.

Both ideas could be adopted separately, but reinforce each other if done jointly.

They are not radical reforms, and they are not partisan reforms (even though we all know that one party will resist them tooth and nail and the other isn’t exactly going to jump on them any time soon). They are sensible reforms that would bring US democracy into the 21st century, or at least into the 20th.

And, yes, we need to reform the Senate and presidential elections, too. But those are other conversations…

PR-USA: We still need it

Thanks to a shout-out at Twitter by Michael Latner, I went back and re-read a few very old posts (from 2005 and 2006) that I did in the category, PR-USA.

Although all were written with respect to politics of the moment, here on Election Day, 2018, the urgency of significant electoral reform remains. For instance, take the Fivethirtyeight.com forecast for the House. Using their “classic” forecast, we see that “Democrats are favored to win a majority of seats if they win the popular vote by at least 5.6 points”.

That’s right. Democrats could win the popular vote by more than FIVE percentage points and we could still have a Republican House seat majority. That would be a scandal of representation. No electoral system should be considered justified on democratic (or republican–note small initial letters) grounds if it is within the realm of realistic probability that a reversal of the voting plurality could occur even with a five-point edge for one party. (Their forecast gives Republicans about a 14% of retaining their seat majority; if they do so, it will almost certainly be without a plurality of the vote.)

It hardly matters whether the root of such an outcome would be gerrymandering (partisan-biased district-boundary drawing) or simply the geographic distribution of votes (i.e. Democrats running up huge margins in their safest seats while Republicans eke out many more close wins). Both causes are inherent to use of the single-seat plurality (or sometimes majority) electoral system.

Of course, it is easier, in principle, to fix the gerrymandering cause. And there are several such measures, along with other electoral-reform measures, on ballots around the country today. As I said in a post in 2005 opposing (with some reluctance) a measure in my state that was billed as terminating gerrymandering, these do not solve the fundamental problem, even though they would help.

In addition to almost totally ensuring that the party with the most votes also has the most seats, proportional representation would limit polarization, open up alternative dimensions of issue competition, and institutionalize a voice for the sort of anti-establishment sentiment that now only bursts forward in spasms of “radical middle” or “populist” voting.

Henry Droop made many of these points a century ago. I made variants of them a dozen or so years ago. And they remain relevant today. Literally today.

Early STV voting equipment

Voting technology is one obstacle to wider use of ranked-choice voting. Although groups like OpaVote have had open-source fixes for years, US jurisdictions tend to rely on commercial vendors. A decade ago, many of them resisited developing the technology. Now, of course, voters can “complete the arrow,” as is done in San Francisco, or bubble in a candidate-by-ranking matrix, as was done in Maine last week.

The challenges get thornier with STV elections. Due to the “multi-winner” nature of a race, there sometimes are very many candidates. That can result in confused voters and burdensome vote counts. Only in 1991 did Cambridge (MA) solve these problems by computerizing its electoral system. That could have happened as early as 1936, when many cities still were holding STV elections.

As it turns out, IBM had found a way to mechanize the voting process. George Hallett of the erstwhile Proportional Representation League writes:

Among the most persuasive arguments against P. R., in spite of their essential triviality, have been the objections that it required several days to get the result in a large election and that it required paper ballots and hand counting, both of which in plurality elections without the safeguards of a central count have acquired an evil reputation. In connection with the possible early use of P. R. in New York City, where these objectives would be stronger than ever psychologically, an effective answer to them has now been devised.


IBM’s system used standard, punch-card readers to count STV ballots at a rate of 400 per minute. According to Hallett, “the final result of a P. R. election in New York City can easily be determined by some time in the morning of the day after election.”

Voters would use a series of dials to rank candidates, one through 20. Then, as some will recall, the machine would record a voter’s votes when they pulled the lever to open the curtain. Opening the curtain punched the holes into the punch-card ballot.

Here is the quotation in its context (albeit a bit blurry):

Other features of the system were:

  • Precinct-based error correction. A voter could not give the same ranking to more than one candidate. Nor could a voter skip a ranking.
  • Freedom of choice. A voter could rank as few candidates as they wanted. They also could rank as many as they wanted. Although the machine was built for 20 rankings, there appears to have been accommodation for write-in and additional candidates. Finally, a voter could go back and change their mind about a ranking.
  • Early “cyber-security.” Now we worry about nefarious actors loading malware onto touchscreens. Back in the 1930s, however, the worry was that poll workers might stuff a ballot box or throw out ballots they did not like. IBM’s solution was simple. Poll workers would not have access to individual ballots. Once a voter voted, the ballot fell into a sealed container, only to be opened in the central-count location.

Why the machine did not catch on remains a mystery. IBM appears to have been pitching it to New York City in advance of the November referendum, which put STV into place from 1937 to 1947. Those passing by 41 Park Row could see a demonstration model at the Citizens Union office.

It is a shame that New York (and other cities) did not go with the system. According to Mott (1926), the average invalid-ballot rate in 19 elections to that point was 9.1 percent. My data reveal invalid rates of up to 18 percent (Manhattan and Brooklyn, 1941). Part of this was abstention altogether. Another part was the lack of interest in discerning voter intent, handling skipped rankings with compassion, and so forth. IBM’s machine, however, would have addressed some of those issues, all while educating voters at the same time that they voted.

Down with the State of the Union

Transplanted here from 2012 (and perviously from 2008 and originally from 2006, with many comments from the the original and subsequent years; links may suffer from linkrot after all these years.)

Something over at PoliBlog reminded me of why I pay no attention to the State of the Union address: It’s a worst-of-both-worlds form of political communication: All the pomp of a Speech from the Throne without any of the give-and-take of Question Period.

Steven takes issue with Lewis Gould’s characterization, from an essay called Ban the Bombast!:

More like an acceptance speech at a national convention than a candid review of the nation’s situation at the outset of a new year, the State of the Union has evolved into a semi-imperial speech from the throne.

Steven suggests that Gould’s “throne” characterization implies the president always get what he wants. Rather, for me, the reference reminds me precisely of what is wrong with the State of the Union address: It is not like a real throne speech at all.

“Speech from the throne” is the term used (with certain variations) in Westminister parliamentary systems. The head of state reads a statement about what “my government…” will do in the coming year. Then once it, and the dignity of the Queen (or her representative in Canada and other Commonwealth Realms) pretending that the government speaks for everyone, is over, things go back to normal. And that normal involves the head of government being hissed and booed and subjected to harsh questions in parliament.

In this respect, the State of the Union is really the worst of both worlds. The head of state stands before the people’s representatives (oh, and the senators, too) and delivers something allegedly about the nation as a whole. But then, as head of government–and therefore a partisan leader–he (i.e. the same person, unlike in Westminster systems) never sticks around to answer tough questions and subject himself to ridicule for the absurdities he has just mouthed. Instead, the opposition has to send someone to a TV/radio studio to give an equally absurd speech that hardly anyone listens to, and thus an opportunity for the sides to engage each other when people actually are paying attention is squandered.

I say dump the whole thing and in its place:

    • (1) go back to the head of state being kept off the floor of the separate legislative body and instead have him send a written message to congress


(2) have the head of government stick around after presenting his plans and spin and make him take questions–preferably weekly, as in Canada and the UK.

That is, keep true to the separation of powers by dumping the image of dignity and superiority that its one-way communication from the “throne” of Congress implies, or make the President jostle and spar with the very same representatives of the people he’s speaking before.

A reaction to “no separation of powers without divided government”

Vox published quite an incisive article today by Lee Drutman. The title almost speaks for itself, though I would have put ‘checks and balances’ where he put ‘separation of powers’, since the point is that the latter has proven insufficient for the former to be meaningful or effective. Though the issues involved should be very familiar to most of our readers, it is worth a read, and is not long. The article’s diagnosis is very accurate, and the solutions it points to are spot on (refreshingly, confidence votes are mentioned in addition to proportional representation). Its analysis of the founders’ constitutional design intentions is, however, flawed.

First of all, the founders probably did not think the Constitution would prevent parties from forming. The authors of the Federalist Papers certainly didn’t think so. In Federalist no. 10, Madison argues that parties arise from “the nature of man”, and quite clearly states that as long as we maintain liberty, faction is inevitable: “There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects. There are again two methods of removing the causes of faction: the one, by destroying the liberty which is essential to its existence; the other, by giving to every citizen the same opinions, the same passions, and the same interests… The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS.”

To Madison, therefore, the purpose of constitutional design is not to prevent faction or extinguish it, but to “control its effects”. In Federalist no. 10 he proposes to achieve this end through the large republic, whose size and combination of so many people with so many different interests would make it hard for a majority to materialize. In Federalist no. 51, he repeats this argument, saying “the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority.” But to this he adds another mechanism: “each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others.” This is the separation of powers, giving the different branches institutional independence and their own separate interests.

As Drutman rightly says, experience has shown, especially lately, that this system of incentives has proven insufficient (especially to checking the executive) when the presidency and both houses of Congress are controlled by the same party. It is hard to argue the framers did not attempt to guard against just that, especially in making the House and Senate so different from each other. The passage which Drutman himself quotes from Schattschneider is probably correct, and as Drutman himself writes, “[dividing] up power across so many competing institutions that it would be impossible for partisan majorities to form” meaning majorities of the same party in both houses along with the presidency – unified government. I don’t think the framers were so optimistic as to think their design made unified government impossible, only that it made it significantly less likely – not an unreasonable expectation. But unified government was not an unknown danger, but one of the main dangers they set out to avoid. And, as I said before, they clearly did not think their institutions would actually prevent parties, only prevent them from forming majorities.

Which brings me back to the Federalists’ first argument – that in a large republic interests would be too numerous and diverse to allow one party to form a legislative majority. This has clearly proven wrong – but the reason for this, crucially, is the electoral system. With single-seat districts, a party can win an assembly majority even in a democracy as large and diverse as India, the result of the mechanical effect of the system on seat shares. Under proportional representation, however, even very small countries rarely witness single-party legislative majorities. Whether or not increased numbers and diversity in the population also brings with it a lower chance of this occurring, in accordance with Madison’s logic, is unclear. What seems certain, however, is that under proportional representation, Congress and the system as a whole would function much more in line with the framers’ original predictions.

Alabama scenarios

If it is possible, under Alabama election law, for Luther Strange or another Republican to run as an independent, I do not know which of the following is the likelier scenario.

Note: the winner is decided by plurality (most votes, not requiring more than half).

(1) Moore’s support bleeds away to the write-in, who wins a majority (or nearly so) in the deep-red state.

(2) The write-in splits the Republican vote, and Moore has sufficient dead-end support that won’t defect, letting Jones (the Democrat) win with ~40%.

(3) The write-in attracts lots of voters away from Jones who were only considering voting for him as the not-Moore, as well as from Moore himself, such that the write-in wins, but it is a close three-way contest.

One additional consideration: it is pretty late to organize a write-in campaign, and scenarios 1 & 3 both assume that it is possible to get it off the ground, and get voters aware of what they have to do.

I still think the most likely scenario is Moore wins, and sits in the Senate (until such time as the Senate, by 2/3, might vote to expel him).