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 are 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.