El Salvador presidency 2019–a president from a different party?

El Salvador holds the first round of its presidential election today. If no candidate obtains more than half the votes, a runoff between the top two will be held on 10 March. El Salvador holds nonconcurrent elections (usually), with the presidency elected for five years and legislative assembly for three. The expected winner of the presidency comes from one of the smaller parties, the optimistically named Grand Alliance for National Unity (GANA). Given that there will not be a new assembly election till 2021, the new president may have some difficulties governing. While no president has had his party in a majority in the assembly since the 1980s (before the settlement of the cili war), all presidents since the mid-1990s have come from either the National Republican Alliance (ARENA) or the Farabundo Marti Front for National Liberation (FMLN). Thus El Salvador may be entering a new political era.

It might be misleading to call the expected winner an “outsider”, as Reuters did. Not only is Nayib Bukele the candidate of one of the existing (smaller) parties, but also he is the mayor of San Salvador, which would be considered the second most powerful and visible elected post in the country. He was originally elected mayor as the FMLN candidate, but was expelled from the party. He joined GANA to bolster his presidential ambitions. So some degree of “outsiderness”, perhaps, but it is not as if he’s not held important office before or is running on his own campaign vehicle apart from the party system. (The Wikipedia article says he tried to register a new party but was barred from doing so.)

So what about GANA, the likely next president’s adopted party? The most recent assembly election was in 2018, and GANA won only 10 of the 84 seats, although its 11.5% of the vote was its highest to date. GANA resulted from a split from the ARENA, which occurred after the FMLN won the presidency for the first time in 2009. It remains an essentially right-wing party, and I wish I knew more about the policymaking process under two FMLN presidencies to know what sorts of policy compromises the formerly radical-guerrilla left and a right-wing splinter made. Whatever their alliance might look like in substantive terms, it was strong enough politically that GANA did not even put up a presidential candidate in 2014.

In the 2018 election, the parties of the ruling alliance (FMLN and GANA) lost seats, as is entirely predictable from a late-term election. Thus President Salvador Sánchez Cerén has spent the past year of his term in quite a lame-duck situation, with his own party having only 21.4% of the seats and the erstwhile ally with another 11.9%. I say “erstwhile” because, while I do no know what, if any, legislative alliances the president has been working with in the last year, it is evident that GANA and the FMLN have split up their alliance: the latter party has its own candidate in today’s presidential election. (There are four candidates, including one for an alliance of ARENA and the Christian Democrats and the really old ruling party, PCN.)

A problem with an electoral cycle like the one El Salvador uses is that it allows some presidents a honeymoon election, while others do not get an assembly election till near or after the middle of their term. As we know, honeymoon elections tend to give a large boost to the party or alliance supporting a just-elected president (see France 2017 for an absolutely classic case study). Bukele will have to figure out how to govern with an assembly in which his own party has only 10 of 84 seats until the next assembly election, in 2021. And that date is 40% into his term, meaning the normal working of electoral cycles will not likely benefit him much.

I have been fascinated by El Salvador’s unusual electoral cycle for a long time, and it just keeps on delivering. However, were they to ask, I’d tell them to amend their constitution and make elections concurrent.

One thing is for sure, the Salvadoran party system, which I have long characterized as rigid, is no more–a fact already foreshadowed by the 2018 assembly result, as I noted at the time.

The gaming of Mexico’s PR disparity cap

One distinctive feature of Mexico’s 500-seat Chamber of Deputies’ mixed-member majoritarian system – under which 300 members are chosen by plurality voting in as many congressional districts, while the remaining 200 seats are filled by party-list proportional representation (initially determined on a nationwide basis) – is a provision which caps party representation at a maximum of eight percentage points above its national proportion of votes cast for parties entitled to participate in the distribution of PR mandates (in addition, no party may have a total number of Chamber seats in excess of 300 mandates). However, in recent years some parties running in electoral coalitions have successfully gamed the system to circumvent the limits imposed by this provision, effectively diluting its intended compensatory effects.

The eight percent disparity cap is implemented by determining the maximum number of Chamber seats each party may obtain; if a party exceeds this amount, its PR seat allocation is reduced so that its total number of plurality and list seats is equal to the capped seat total. For example, in the 1997 legislative election – generally regarded as Mexico’s first truly free and fair vote – the then-ruling Institutional Revolutionary Party (PRI) won 38% of the total vote and 39.98% of the “effective national vote” (“votación nacional efectiva” in Spanish), that is the total number of votes cast for parties entitled to take part in the allocation of PR seats. Therefore, PRI could obtain at most 47.98% (39.98% plus 8%) of the Chamber’s 500 seats, or 239 seats, disregarding fractions. Since PRI had won 165 of 300 plurality mandates in the election, and had been initially assigned 80 PR seats, for a total of 245 seats – six above the capped total – the party’s list mandates were reduced to 74 seats (239 minus 165); the remaining 126 PR mandates were then distributed among the other four qualifying parties.

Prior to 2008, Mexican voters could choose either a party running alone or a coalition, but not a specific party running within a coalition. Therefore, coalitions were treated as parties when it came to allocating Chamber seats and determining the eight percent cap. However, a 2008 electoral reform allowed voters to choose parties running as part of a coalition, and at the same time limited coalitions to plurality elections only. Since then, the distribution of Chamber PR seats has been carried out entirely on an individual party basis, even though coalitions have often continued to determine the outcome of plurality races; most importantly, the allocation of plurality seats among coalition partners has been determined on the basis of officially registered coalition agreements (“convenios de coalición” in Spanish). In due course, larger parties running in coalition with smaller allies discovered they could game the cited provision by assigning plurality seats in the coalition agreement to their junior partners, while these in turn nominated candidates who were actually members of the larger party. In this manner, the larger party artificially reduced its total number of seats, thus making it less likely that it would hit the eight percent cap during the allocation of PR list mandates.

Before 2018, PRI and its ally the Ecologist Green Party of Mexico (PVEM) gamed the system in the manner described, but the scope of their scheme was comparatively limited, not least because PVEM didn’t have a particularly large number of Chamber plurality seats to begin with. Moreover, in 2015 Mexico’s Federal Judiciary Electoral Tribunal (TEPJF) ruled that parties could nominate candidates from a different political party, provided the parties had a coalition agreement. On the other hand, the stratagem pursued in 2018 by the “Juntos Haremos Historia” (JHH; “Together We’ll Make History”) coalition of the National Regeneration Movement (MORENA), the Workers’ Party (PT) and the Social Encounter Party (PES) was anything but limited. For the Chamber of Deputies, the three parties ran together in 292 of Mexico’s 300 congressional districts, but in the coalition agreement 142 nominations were assigned to MORENA, and 75 each to PT and PES.

To be certain, it is not unusual for smaller parties like PT and PES to have a disproportionate share of single-member nominations in mixed-member majoritarian systems which allow party coalitions: in a nutshell, larger parties often bow to smaller parties’ demands, outrageous as they may be, if that is what it takes to avoid the risk of losing elections. That said, giving away half the Chamber’s single-member seat nominations to a couple of very small parties came across as both extreme and highly suspicious, all the more so considering that for the Mexican Senate plurality races, JHH nominated 49 candidates from MORENA, but only eight from PES and five from PT. However, unlike in the Chamber of Deputies, there is no eight percent cap in place for the distribution of Senate PR seats, and therefore MORENA gained nothing from giving away upper house plurality nominations to its much smaller allies.

JHH went on to score a landslide victory in the general election last July, securing an absolute majority for its presidential candidate Andrés Manuel López Obrador (better known by his initials AMLO), as well as a sizable plurality in the legislative election. In the Chamber of Deputies, final results show JHH won 220 of 300 plurality seats (including eight mandates won by MORENA running alone), with the following results for its constituent parties:

Party % (Votes) Seats % (Seats)
MORENA 37.2 106 35.3
PT 3.9 58 19.3
PES 2.4 56 18.7
JHH Total 43.5 220 73.3

The sole beneficiaries of the victorious coalition’s over-representation in the plurality component were PT and PES, as MORENA ended up slightly under-represented. Again, while it is not unusual for smaller parties within larger coalitions in mixed-member majoritarian systems to have a share of seats in excess of their percentage of the vote (even without considering the PR component), this was nonetheless a truly extreme outcome. By comparison, the Senate election had a more typical plurality outcome, as shown below:

Party % (Votes) Seats % (Seats)
MORENA 37.4 42 43.8
PT 3.8 5 5.2
PES 2.3 8 8.3
JHH Total 43.6 55 57.3

(JHH’s smaller majority of upper house plurality seats was due to the fact that unlike in the Chamber of Deputies, Senate plurality mandates are allocated on the basis of two seats for the winning ticket and one for the first runner-up in each one of Mexico’s thirty-two federal entities).

For the distribution of Chamber PR seats, MORENA received 41.34% of the effective vote, so it could have no more than 49.34% of the 500 Chamber seats, which translated to 246 seats. However, after the initial allocation of PR mandates MORENA had a total of 188 seats (106 plurality and 82 list), well below its corresponding maximum seat total. On the other hand, PT, with 4.36% of the effective vote, would have been entitled to nine list seats, but unexpectedly exceeded its 12.36% cap, or 61 seats due to the party’s large number of plurality victories; PES fell below the three percent valid vote minimum required to take part in the distribution of PR seats. Consequently, PT’s list seat total was reduced to three mandates, and the remaining 197 PR seats were distributed among the other six qualifying parties. In all, JHH won 308 of 500 Chamber seats, as detailed below:

Party FPTP PR Total % (Total)
MORENA 106 85 191 38.2
PT 58 3 61 12.2
PES 56 0 56 11.2
JHH Total 220 88 308 61.6

Mexico’s National Electoral Institute’s General Council Agreement INE/CG1181/2018 [PDF] details the official distribution of Chamber of Deputies PR list mandates in Mexico’s 2018 federal election, while Federal Elections in Mexico has nationwide- and federal entity-level results of elections in Mexico since 1997.

Although the eight percent cap deprived PT of just six seats, this left several of its leaders without a seat in the Chamber of Deputies, and the party went to court to have the result overturned. To that end, PT actually admitted some of its successful plurality candidates weren’t really party members after all, and sought a judicial review of JHH’s officially registered coalition agreement. However, the court rejected what it correctly perceived as a transparent attempt by PT to re-structure the previously agreed distribution of Chamber plurality nominations, in order to bypass the eight percent cap and increase its number of list mandates. In essence, TEPJF ruled JHH’s coalition agreement was a done deal which could no longer be altered after the election had been carried out with the agreement in place, and for good measure reaffirmed its earlier 2015 ruling that parties could nominate candidates from a different political party, provided the parties had a coalition agreement.

Just as important, TEPJF ruled that under the prevailing legal and constitutional arrangements, it was not possible to consider JHH’s coalition performance as if it were a single party for the purposes of determining over-representation, as it would run counter to the requirement such determination must be carried out on an individual party basis. Had Chamber seats been allocated among coalitions (and had all three major coalitions been in place in every congressional district, as was the case with the presidential election), JHH’s seat total would have been limited to 269 mandates – a significantly reduced yet nonetheless substantial majority.

TEPJF also confirmed that PT exceeded the eight percent cap by six seats (because 12.36% of 500 seats equals 61.8 seats, it was argued the party went above the cap by 5.2 seats (67 minus 61.8), which should have rounded down to five seats; however, this argument was rejected on the grounds that with 62 seats of 500 – 12.4% of the total – PT would have had a disparity gap of 8.04%, a figure just above the eight percent maximum).  The court ruled as well that JHH’s plurality victories could not be assigned to MORENA on account of the fact that the party contributed the vast majority of votes to that end.

(MORENA outpolled both PT and PES in every congressional district, and even if the party had run alone it would have secured a large majority of plurality seats, while PT and PES would have won none. However, in such hypothetical scenarios – which assume an identical distribution of votes among the parties contesting the 2018 federal election – MORENA’s Chamber of Deputies seat total would have been limited to 246 mandates by the eight percent cap, while PT would have received no more than 13 list mandates and PES would have had no seats, leaving MORENA and PT with a relatively slender joint majority in the Chamber.)

Nevertheless, TEPJF’s rulings on some of these controversies were not unanimous. Judge Felipe de la Mata Pizaña wrote a concurring opinion calling for the current implementation of the eight percent cap provision to be reconsidered for future elections, while Judge Reyes Rodríguez Mondragón issued an extensive dissenting opinion, in which he argued that the actual party affiliation of plurality winners should be taken into account for determining the eight percent cap during the distribution of PR seats. Notably, the dissent cites a number of political science scholarly sources, including both the Spanish-language edition of “Presidents and the Party System” (edited by S. Mainwaring and M.S. Shugart) and “Seats and Votes” by R. Taagepera and M.S. Shugart, even carrying out the calculations to determine the effective number of parties index for Mexico.

(For further information, please refer to TEPJF’s rulings on SUP-JDC-0429-2018; SUP-JDC-0438-2018SUP-JDC-0444-2018SUP-REC-0934-2018; and SUP-REC-0943-2018 [PDF].)

However, beyond the practical difficulties entailed by implementing this approach, it is not clear that it would have resulted in a significantly different distribution of seats. After Mexico’s newly elected legislators were sworn in just over three months ago, a large number of JHH’s 220 plurality deputies ostensibly elected as members of PT or PES joined MORENA’s parliamentary group, as shown below:

Party Elected Group Gain/Loss
MORENA 106 162 +56
PT 58 28 -30
PES 56 30 -26

Had the eight percent cap been calculated on the basis of parliamentary group affiliation figures, the initial distribution of PR list seats, which as previously noted granted nine mandates to PT and 82 to MORENA would have been definitive, as neither party would have reached its eight percent-capped seat total. Moreover – and quite ironically – JHH would have obtained an even larger Chamber majority of 311 seats (of which 244 seats would have gone to MORENA, 37 to PT and 30 to PES).

In conclusion, while PT and PES contributed very little in terms of votes to JHH’s sweeping victory in the 2018 federal election, the gaming of the eight percent disparity cap through the assignment of a disproportionately large number of plurality nominations to these parties allowed the coalition to obtain a much larger majority in the Chamber of Deputies than it could have otherwise attained. Even so, the triumphant coalition parties overplayed their hand, and the stratagem backfired on PT; this in turn led to a public disclosure of the scheme’s existence (already highly suspected, not least because it was largely absent in the Senate election, which has no disparity cap provisions), as part of an unsuccessful effort to have the unexpected adverse outcome reversed in court.

Even though a majority of Mexico’s Federal Judiciary Electoral Tribunal justices have reaffirmed the validity of electoral provisions which allow outcomes like these, it seems an obvious flaw in the design of the system that parties can run in alliances, but the caps on over-representation are calculated at the individual party level, as pointed out by Dr. Matthew Shugart himself on this blog shortly after the 2018 federal election took place. Moreover, the gaming of the eight percent disparity cap in the 2018 federal election effectively altered the nature of the Chamber of Deputies electoral system, causing it to function almost like a parallel system, in which the outcome of plurality races had very little impact in the distribution of party list seats. That may not appear to be cause for excessive concern in the here and now, given that JHH would have in all likelihood secured a majority of Chamber seats even if the coalition hadn’t gamed the eight percent disparity cap, but the issue could have wider ramifications with unpredictable consequences in the years to come. 

California statewide election vote totals

All of the offices elected statewide in California now have only two candidates in the November election, due to the “top two” runoff system. However, because the first round is no longer a primary in which various parties can pick nominees for the November ballot, the contests can feature two candidates of the same party or one or more independents instead of candidates of one or the other major party. (This is also true of district contests like US House and state legislative seats.)

Thus I thought I would exploit these features–constant number of candidates, but variable affiliations–to probe how a party’s failure to place a candidate in the top two affects voting. I am not claiming any causality or doing any subtle analysis here. Just blunt comparisons of statewide totals, which are suggestive.

Two contests, including Lt. Governor and US Senator, featured two Democrats. One featured a Democrat and a non-party candidate. One contest features two non-party candidates, because the state constitution mandates that the Superintendent of Public Instruction (SPI) is a non-partisan post. (This is the one office that could be decided in the June first round; it is a straightforward majority-runoff system.)

The bottom data row averages the Democratic and Republican votes across the five races that were Democrat vs. Republican. The right-most data column indicates how the votes cast compare to the governor’s race: a ratio of the vote total in a given race over votes cast for governor. Not surprisingly, governor drew the highest total.

We can see that the average Democrat won just over 5.1 million votes and the average Republican 3.1 million, in contests that had one and only one candidate of each of these two parties. Moreover, all the contests that were D:R straight fights had roughly 98% of the votes of the governor’s race.

On the other hand, if there were two Democrats, the total was under 90% of the governor total (83% for the Lt.Gov and 88.5% for the US Senate). This obviously is partly because many Republican-leaning voters simply skipped the intra-party Democratic contest. (The SPI race, where I believe both candidates were actually Democrats, has a similar ratio.) Nonetheless, that is not the entire story, as the total for the two Democrats in both these races is a lot more than the average single Democrat, at the same time as the leading Democrat did considerably worse than the average single Democrat. In other words, at the same time as Democrats split their own votes across their two candidates, clearly the candidates also picked up some Republican votes. This would be really interesting to investigate on a more granular basis.

Finally, the Insurance Commissioner race is notable. The “no party” candidate in the race is actually a Republican. In fact, he served under that party affiliation in the office before. But candidates choose, before the June first round, what party “preference” to indicate on the ballot (from the approved list), or whether to indicate no party preference. In this contest, the Democrat got far below the average for his party. It could be that there are Democratic-leaning voters who remember Poizner and think he did a good job, although he left the office in 2011, so I have some doubts. Alternatively, it could be that not running under the party label is a good strategy for a Republican in this state. He did not win, but he did get 49.0% of the votes, running around half a million votes ahead of the Republican gubernatorial candidate and around 700k ahead of the average Republican on the statewide ballot. Maybe other candidates of the weaker party in the race will hide their party label in the future, given the current electoral system makes it possible to be one of the top two without a stated party preference.

California Prop. 7: NO!!!!

One of the odder measures on the California ballot in some time (which is indeed saying something) is this year’s Proposition 7. It is a vote to confirm a bill passed by the state legislature earlier in 2018; because it repeals provisions of an earlier initiative (from 1949), it requires voter approval.

Some of the measure is technical “clean up”–for instance, the act on the books currently gives the dates of Daylight Savings Time (DST) as distinct from what is being done in practice, in conformity with federal law. For instance,

The [1949] act also requires, from 1 a.m. on the last Sunday of April, until 2 a.m. on the last Sunday of October, the standard time within the state to be one hour in advance of United States Standard Pacific Time. […]

The bill [Prop. 7] would require the advancement of this time by one hour during the daylight saving time period commencing at 2 a.m. on the 2nd Sunday of March of each year and ending at 2 a.m. on the first Sunday of November of.each year…

The March-November application of DST is what we are actually doing, as mandated by federal law (aside from Arizona and other states or portions thereof that do not use DST at all).

But then comes the part to which I strenuously object. Prop. 7:

(c) Notwithstanding subdivision(b) [concerning the current DST period], the Legislature may amend this section by a two-thirds vote to change the dates and times ofthe daylight saving time period, consistent with federal law, and, if federal law authorizes the state to provide for the year-round application of daylight saving time, the Legislature may amend this section by a two-thirds vote to provide for that application.

In other words, the objective of the sponsors of this measure is to change California, way out here on the Pacific Coast, to the equivalent of Mountain Standard Time year round. We would be on the same time zone in the winter months as Colorado and western South Dakota. It does not make a lot of sense.

For example, under the shift to so-called DST, in early January San Francisco would be looking at sunrise times of 8:25 a.m. That’s awfully late to see daylight; that’s a lot people with typical morning job or school start times out on the road in what will be only very low light at at time when most normal people’s body clocks are still barely out of sleep mode. I struggle to figure out why this is a good idea. (For the record, in Rapid City, SD, near the far eastern edge of the Mountain time zone, and much farther north, sunrise is at 7:27 MST in early January. The time zones do have some logic to them, as currently set up!)

I am old enough to remember when we were going to do DST for a full year nationwide for alleged energy savings in the 1970s. It was considered such a bad experiment that it was suspended, and we went back to standard time, well before the planned end. (Those were the days, when Congress could act quickly on a national issue.)

Really, we should go back to what it says in the original 1949 California act, which was six months on DST (more accurately “summer time”), six months off. That makes too much sense! If we have to get rid of time changes, which apparently bother some people and have some negative impacts, then stick to Pacific Standard Time all year. But this proposal to, in effect, move the state to the Mountain Standard Time zone all year is just DUMB. Please, Californians reading this, vote NO on 7!

Brazil’s open list is (a little bit of) a hybrid now

Brazil is a classic case of open-list proportional representation (OLPR): lists win seats in proportion to their collective votes in a district (state), but candidates within the list are ordered solely according to preference votes obtained as individuals. These rules can result in individual candidates elected with very small preference-vote totals.

For the most recent Brazilian election, a new provision has gone into force. There is now a threshold on preference votes that candidates must obtain to be elected. This means that, in a very technical sense, a hybrid element has been brought into the Brazilian system. However, the provision is not the usual hybrid seen in “preferential list” systems, whereby seats not filled on preference votes are filled instead according to a party’s (or coalition’s) pre-determined rank. That hybrid format is what is typically called a flexible list or a semi-open list. However, Brazilian lists remain unranked, except via the preference votes.

Rather, in Brazil, a list that has an insufficient number of candidates with above-threshold preference votes forfeits those seats to other lists in the district. The threshold is set at 10% of the electoral quota, which is a Hare quota (1/M, where M is district magnitude).

This provision changed the allocation of 8 seats. Given a Chamber of Deputies with over 500 seats, we should not exaggerate the significance of the change, although of course, some other parties might have adjusted either their nomination behavior or their “intra-party vote management” practices (defined below) to avoid being hit by the threshold.

The Chamber’s website has an article regarding the seat shifts, and a table with the details (in Portuguese). The PSL, which is the party of the likely next president, Jairo Bolsonaro, won 7 fewer seats than it would have without the threshold. All these seats were in São Paulo, which is the highest-magnitude district in Brazil (M=70). The threshold there is thus 0.143% of the votes cast in the state. The Novo list in Rio Grande do Sul (M=31) also lost 1 seat due to the intra-list threshold. (Novo, meaning “New”, is a small liberal party.)

In São Paulo, the seven PSL candidates who were not eligible to take seats the list otherwise would have won had vote totals ranging from 19,731 to 25,908. They were replaced by candidates on six different lists with preference votes ranging from 56,033 to 92,257, suggesting the replacements had, on average, about three times the votes of the forfeiting candidates. (The party that picked up two of these seats was the Democrats.) In Rio Grande do Sul, the seat Novo forfeited would have been won by a candidate with 11,003 votes, but was instead filled by a candidate the Brazilian Labor Party (PTB, not to be confused with the PT of Lula) who had 69,904 votes, a preference-vote total 6.35 times greater than that of the forfeiting candidate.

As is clear from the vote totals of those who lost under this provision and those who gained, if the intention was to prevent candidates with marginal personal followings from riding in on the “coattails” of strong list-pullers (whose popularity increases the votes of the collective list), then the reformers can declare “mission accomplished”.

I am personally quite excited by this provision, which I had missed when summarizing minor changes made to the electoral law in 2017, because I once wrote up a proposal for just such a hybrid. It is in some text that was going to be part of one of the chapters in Votes from Seats, but Rein Taagepera and I decided it was not directly germane to the book and left it out. The chapter it would have been part of compares OLPR to the single non-transferable vote (SNTV) with respect to vote shares of first and last winners, and regarding the extent to which parties do (or do not) manage their intra-party competition.

Managing intra-party competition refers to parties doing one or both of: (1) restricting the number of candidates nominated, or (2) intervening in the campaign in an effort to shift votes from non-viable candidates to viable ones.

Under SNTV, these intra-party competition-management practices are critical because the total number of seats a party (or set of cooperating parties) can elect is entirely dependent on how many individual candidates it has whose votes are in the top-M vote totals in the district. Under OLPR, parties have no incentive to do this, if their goal is simply to maximize list seats–a list under OLPR can never displace seats to another list due to having “too many” candidates or having the candidates’ vote totals be widely unequal. (Parties may have other reasons to care about which candidates win, and multiple parties running in alliance face an SNTV-like conundrum in that they are competing with one another inside the list to get their candidates into the top s, where s is the number of seats won by the list. But these are separate problems, and the latter is a problem covered in Votes from Seats).

The proposal I drafted was a hybrid of OLPR and SNTV (unlike flexible lists, which re a hybrid of OLPR and closed-list PR). A threshold would be set on preference votes, and if a list won more seats, via application of the inter-list allocation rule, than it had candidates over the threshold, it would forfeit these seats. Any such forfeited seats would go into an “SNTV pool” to be be won by the otherwise unelected candidates with the highest preference-vote totals, independent of which list they had run on. My intention in devising this proposal was to encourage parties to be more active in managing their intra-party competition–taking some aspects of SNTV as beneficial–in order to make victory by candidates with marginal personal popularity less likely. (I would have set the threshold a little higher than 10% of a Hare quota.)

The article on the Chamber website is not clear on the precise rule now used in Brazil for deciding on the replacement candidates. In any case, it certainly has a similar effect to my proposal. (From a comment by Manuel at the earlier thread, it seems the forfeited seats are assigned proportionally rather than SNTV-like.) I can’t claim credit, as there is no way any Brazilian official saw my unpublished proposal. But I am pleased that some such a provision has been adopted somewhere.

Thanks to Dr. Kristin Wylie (on Twitter) for calling my attention to this article.

Brazil, 2018

Brazil has voted today in presidential, congressional, and state elections (governors and assemblies). The far-right candidate, Jair Bolsonaro, has obtained 46.8% of the presidential vote. The runner-up, Fernando Haddad of the Worker’s Party (PT), is on 28.3%. Given that the leading candidate did not win a majority, there must be a runoff. However, as we know, it is very rare for a first-round candidate with over 45% of the votes to lose the second round, and less likely still when the opponent is so far back.

As results come in for Chamber of Deputies, Senate, and state contests, I hope readers will add detail in the comments.

And if anyone has serious basis for hope that Bolsonaro can be defeated in the runoff, please tell. Because the idea of his being President of Brazil is just too depressing to contemplate. Then again, it seems to be both the hemisphere and the era of too-depressing-to-contemplate presidents.

Mexico, 2018

Mexico has its elections for President, Chamber of Deputies, and Senate on 1 July. It has been clear for a while that, barring a big surprise, Andrés Manuel López Obrador (popularly known as AMLO) will win.

AMLO’s support has risen steadily out of what looked like a tight three-way contest some months ago into a strong lead. When voters responding “no preference” are removed, it even looks likely that AMLO could win a clear majority of votes. Mexico elects its presidency via nationwide plurality, and no Mexican president has earned half the votes since 1994 (at a time when most experts still considered the regime authoritarian, albeit increasingly competitive).

Assuming AMLO wins, it will highlight the competitive three-party nature of the system. When the center-right National Action Party (PAN) won the presidency in 2000, it broke decades of continuous control by the Institutional Revolutionary Party (PRI). The PAN won again in 2006, on less than 37% of the votes in a very tight race, with AMLO close behind (and refusing to acknowledge defeat). The PRI returned to the presidency in 2012, and now AMLO will give the left its chance. (AMLO was with the Party of the Democratic Revolution, PRD, but in recent years has set up a new party, MORENA, while the remnant PRD is backing the PAN candidate this time.)

I would be very interested in seeing an analysis of AMLO’s own manifesto (and his party’s, if separate). There is much hand-wringing over his leftist “populism”. However, when he ran in 2006, he staked out a centrist economic platform well to the right of his own party–a clear case of what “presidentialization” does to parties. (See the discussion of the general point, and also the 2006 Mexican campaign, in my book with David Samuels, Presidents, Parties, and Prime Ministers). Is he doing so this time? I can’t claim to have followed closely enough to know.

As for the Chamber of Deputies, if the pattern of recent Mexican elections holds, the party winning the presidency will win fewer votes for its congressional candidates. That could mean MORENA (and pre-election allies) will not have a majority of seats. On the other hand, as noted above, these previous presidents have not themselves won majorities. Moreover, the electoral system is mixed-member (with the voter having a single vote). It is sometimes erroneously categorized as mixed-member proportional (MMP), but it is actually leans much more to the majoritarian category (MMM). Seats won based on nationwide votes for party are added to single-seat districts won (by plurality).

The allocation is not compensatory, but it is also not strictly parallel. There are caps on allowable over-representation (unlike in a “pure” MMM system). The most important cap is that no party can have a final seat percentage that is more than eight percentage points above its vote percentage. Thus if a party wins under 42% of the votes, it is unable to have a majority of seats. If it gets over 42% it is not guaranteed a majority, but a majority becomes likely, due to the non-compensatory nature of the allocation. This cap kept the PRI from retaining its majority in the midterm election of 1997, and I believe it has been hit in several subsequent elections, as well. This is what I will be watching most closely: Will MORENA (and allies) get a Deputies majority?

The Senate is also elected in a mix of regional and nationwide seats. Each state has three senators, elected by closed list, limited-nominations plurality. The largest list gets two seats and the runner up gets one. Then there are 32 seats elected by nationwide proportional representation (allocated in parallel, not compensatory manner).

These provisions, combined with the regionalization of party support in Mexico, make it difficult for a party (or alliance) to win a majority of the Senate’s 128 seats. AMLO is unlikely to have majorities in both houses, but it is worth noting that the federal budget must clear only the Chamber. There is no Senate veto on the spending side of the budget, although both houses must pass all other types of bills. Thus the left will be in a strong, but not unchecked, position to implement its program for the first time in Mexican democratic history.