Candidates on closed lists: If only Glick had been ranked higher

I do this occasional series on party lists, and how candidates can matter, even when the list is closed (meaning voters can’t vote for a specific candidate, and the order in which candidates would be elected is set by the party, prior to the election).

Here is another one for the files.

An official of the New Right party in Israel has claimed that the party would have cleared the 3.25% threshold if only one of its candidates, Caroline Glick, had been ranked in the top 4. A party that clears the threshold gets 4 seats as a minimum. Glick, a US-born author, was ranked 6th.

The official making the claim is none other than Jeremy Saltan, whose polling aggregations I referred to throughout the campaign. He was head of outreach to English-speaking voters.

Saltan is quoted in the Times of Israel as saying, “Already during the campaign Anglos told me they would have voted for us if we put her higher.”

Further, “Saltan said the party should have emphasized that it was the only party with a US-born candidate featured prominently on its slate and campaign.”

While I would tend to be a little skeptical of a claim like this, I would not rule it out. In the final results, the party missed the threshold by a slim margin, ending up with 3.22%. So it is possible that potential Anglo voters could have stayed with the party, rather than defect to Likud (or United Right or even Zehut) had they been more confident it would clear the threshold, and that Glick would be elected.

My main skepticism is that the party was generally polling at more than 4 seats, so if anything, the fact that she was individually marginal, but the party (allegedly) was not, should have encouraged more voters, not fewer, to favor New Right if they were otherwise wavering.

Anyway, it is always good to have another one for the “candidates matter, even in closed lists” file.

Israel 2019 result

[Updated with final results]

The election results are final, after a couple of days of doubt about just who had cleared, or not cleared, the 3.25% threshold, and a few more days of final scrutiny (which cut Likud’s total by one seat and boosted the UTJ). The New Right, the party formed by Naftali Bennet and Ayelet Shaked when they bolted from Jewish Home, came up just short of winning any seats. With 3.22% of the vote, the party now joins the list of contenders for nearest miss of all time in any country with a nationwide threshold.

Meanwhile, one of the two Arab lists in this election, Ra’am-Balad, which many polls showed falling below the threshold, just made it, with 3.34%. Moshe Feiglin’s Zehut (build the Third Temple now and smoke dope!), which was the sensation of the latter part of the campaign with most polls showing it well above the threshold, came in at only 2.73%. I don’t usually ascribe great impact to specific campaign stunts, but his appearance on a comic show just before the election was one of the most bizarre things I have ever seen a politician do. Could it have cost him votes of wavering voters who had mistakenly thought he was a serious politician?

The contest between Likud and the opposition alliance, Blue & White, would have been exciting if only there had actually been more at stake. Two of the three exit polls shows B&W ahead, but there was not much doubt that Likud would be in a better position to form a coalition than B&W, even before the two parties pulled even. Then, in the final results, Likud pulled ahead.

The votes for the top two were 26.45% for Likud and 26.12% for B&W. In seats, Likud has the edge, 36-35.

Taking all the parties in the government at the time the election was called, we have results for the new Knesset (which has 120 starts total) as follows:

Party/alliance 2019 2015
Likud 35 30
Shas 8 7
UTJ 8 6
URWP 5 8
Kulanu 4 10
total 60 61

The table compares the results with 2015; the number for URWP (Union of Right Wing Parties) for 2015 refers to Jewish Home (Bayit Yehudi), which, minus New Right, is the main component in the new Union.

At first glance, this looks like potentially bad news for current PM and Likud leader Benjamin Netanyahu. However, if he comes to agreement with Yisrael Beitenu (Israel Our Home), the total rises to 65. YB won 6 seats in 2015 and will have 5 in the new Knesset.

Bargaining with YB leader Avigdor Liberman is never easy. He joined the government some time after it was formed following the 2015 election. (One of those elected in 2015, Orly Levy, defected when the party joined the government.) He also left the government about a year before the term was up, in November, resigning as Defense Minister and bashing Netanyahu for being too soft on Hamas. That move left the coalition with just a bare majority of 61 seats was one of the things that precipitated the election being held early. Shortly after the polls closed, Liberman stated that he would not recommend anyone for prime minister when the various faction heads meet with the president, who then is obliged to assess who has the best chance of forming a government.

Even if Liberman were to remain in opposition–and he may simply be playing hard to get–it would not necessarily prevent Netanyahu from forming a government. There is no requirement for 61 affirmative votes. And there is no way that Liberman is going to vote with the left and Arab parties for an alternative. However, with or without Yisrael Beitenu, it may be another relatively unstable government.

The other possibility, of course, is a coalition of the top two parties–a so-called “unity” (or dare I say “grand coalition“?) government. An “unsourced report” says this is under consideration. I say we consider this spin until proven otherwise. On the other hand, we should also take with a grain of salt the statement by Yair Lapid (no. 2 in Blue & White) that he is “personally opposed to sitting in a government with Netanyahu.” At this point, most of what is said, either by leaders in public or by various unnamed sources, is just part of the bargaining process.

A Likud-BW coalition would be quite a letdown to voters who voted for B&W because Gantz told them over and over again how the most important thing was to kick out Netanyahu. Still, I do not think we should assume it is completely ruled out till we see how the bargaining among the right-wing parties unfolds.

As far as specific candidates elected, there are some interesting developments. Israeli lists are, of course, closed. So when a party or alliance list performs at the outer limits of what is expected, some candidates may be elected whose personal attributes or social-group ties were part of the reason for their being given a marginal rank in the first place. Both Likud and Blue & White outperformed the pre-election polls. With 35 seats, B&W elects a candidate who was the country’s first openly gay mayor (Eitan Ginzburg, of Ra’anana), who was #32 on the list. In fact, the number of LGBT members hits a record high, with five, who also include Idan Roll and Yorai Lahav Hertzano, #34 and 35 on the B&W list. In addition, B&W elects Gadi Yevarkan (#33), an Ethiopian immigrant.

Likud’s over-performance elects two addition women from a party list that had only two in its top ten and just a few more in the top 30: May Golan (#32 and an anti-immigrant activist) and Osnat Mark (#35, already in the Knesset since last year). (One of the most interesting will be Keren Barak, who had a safe slot at #24. Click the link to see what I mean.)

With only four seats, Meretz failed to elect its first-ever Druze candidate, Ali Salalha, who was ranked #5. I have not checked city-level results to see if Meretz dominated the vote in his home town of Beit Jann, as was expected due to his candidacy. But it was not enough for an extra seat. Meretz’s vote share was 3.63%; the next largest list was able to win five seats, with 3.70%. So Salalha may not have missed by much. (Meretz also had an Ethiopian immigrant, Mehereta Baruch Ron, a deputy mayor of Tel Aviv, at #6.)

The party formed by Orly Levy Abekassis (the YB defector mentioned above), Gesher, was a big flop. It won on 1.73%. Her social policy emphasis had looked like it could win 5 or as many as 8 seats according to polls through much of last year, but it faded rapidly once the campaign really got underway. She should have struck a deal with B&W. It might have netted them a couple more seats, although even then, a B&W-led government would have remained out of reach, most likely.

I’ll be back with more later about the aggregate outcome.

Candidates on closed party lists featured in inter-party competition

A recurring theme around here is how candidates matter, even on closed lists and even in very high magnitude districts (where we might expect them to matter least).

Here are a couple of examples from the current Israeli campaign.

A recent Haaretz article by Judy Maltz notes that, “Having a Druze representative on a party ticket… has also proven helpful in bringing in votes in that candidate’s hometown.” Several examples are cited.

The back-story is that more parties than ever before are including candidates from the Druze minority this time. In recent elections, the Druze have tended to vote for right-wing parties, but there was considerable backlash in the community to the Basic Law–Nation-State, and so other parties are seeking to capitalize.

For instance, if Blue & White (the joint list of Benny Gantz and Yair Lapid) wins at least 25 seats, the Knesset will have its first Druze woman. The list has been polling at 29-32 seats in recent polls, so she looks likely to be elected. If Meretz gets 5, that left-wing party will have its first Druze MK. The party has been right around 5-6 seats in most polls, although some have put it only at 4 (which is the minimum a party is likely to win, given the threshold).

Meanwhile, the New Right (led by Naftali Bennett and Ayelet Shaked, formerly of the Jewish Home party) has a candidate who has a following among English-speaking voters, Caroline Glick. She is ranked 6th. The New Right is polling at anywhere from around five to seven seats, so she is in that marginal range. Some Anglo voters may be finding the Zehut list led by Moshe Feiglin appealing (as much as it makes me shudder to realize that). A JPost article by Lahav Harkov notes:

Shaked said that “people debating between us and Feiglin should think whether they want to bring Caroline into the Knesset, or Libby Molad from the Green Leaf Party…”

The reference is to a candidate on the list of Zehut, which held an “open primary” and wound up with quite an eclectic set of candidates and issue stances. Molad is ranked 5th on the Zehut list, which has been polling above the threshold just recently in many polls, with 4-6 seats likely, if it wins any.

So Shaked of New Right is basically telling these wavering voters that they could make the difference between two individual marginal candidates, Glick or Molad.

As an aside, the cannabis issue may be on the line in this election: Feiglin recently stated he would not join a government if it did not commit to legalizing cannabis. I guess weed is the new green line in Israeli elections. According to many polls, the combined right-wing bloc may be close enough to 61 seats that Zehut could even be needed to make a coalition, although there is also a good chance it won’t be needed even if it does clear the threshold.

While we are on the topic of Feiglin, I have been using him for a few years now in various courses to make the point about the importance of candidates on closed lists. I use an anecdote from 2009, when Feiglin was still with Likud. For that campaign, he had an initial list rank of 19, which would have been good enough for a seat. But, fearing a backlash over Feiglin’s extreme nationalism, leader Benjamin Netanyahu managed to get Feiglin bumped down to the 36th slot, which was sure to be too low for a seat (the party ended up with 27 seats). Feiglin said at the time, “We all know when the Likud began to fall. The moment I was in a good spot, the Likud jumped to 40 mandates, but when I dropped,” so did the Likud. It is a fun case of a candidate claiming he could be worth some thirteen seats, if only he were in the top 20 on the list!

Finally, and slightly off-topic, my new favorite Israeli electoral rule is the one barring candidates from promising blessings for votes.

_________
Earlier this week at F&V regarding candidates on closed lists: a case from South Africa.

And, on previous elections in Israel and the role of candidates at marginal ranks representing certain groups: Personal vote/group representation in Shas list (2006); Campaigning around the threshold (2013); Marginal candidates on closed lists (2015).

Party lists for South Africa 2019

South Africa’s general election is approaching–8 May. Parties are releasing their lists. EWN reports the names of the top 20 candidates on the national list of the Democratic Alliance (and has a link to the rest of the lists).

Meanwhile, africanews reports that the African National Congress has been criticized for having “tainted politicians” who were close to former president Jacob Zuma on its list. For instance,

Zuma allies Nomvula Mokonyane, the environment minister who was recently implicated in graft at a corruption inquiry, and Bathabile Dlamini who was at the centre of a benefits payments fiasco, are named among the top 10 candidates on the list.

As a political analyst, Ralph Mathekga, is quoted as saying: “The ANC list is very revealing.”

Perhaps so, and that is a reminder that it is not true (as critics of closed lists often claim) that candidates do not matter when the list is closed and thus voters are unable to vote for specific candidates. In fact, the set of candidates a party selects, especially in top and thus safe ranks (for a major party) do provide clues about the party’s priorities. In the ANC’s case, presumably one of the priorities is to keep the different wings of the party within the tent, even if that means potentially diluting its message of having tackled corruption by ousting the previous incumbent leader, thereby allowing it to enter this election with a new incumbent at the helm. Beneath that level, of course, it is the same party.

Other parties, like the DA and the Economic Freedom Fighters, will use the slate of candidates against the ANC. The candidates do matter–even on closed lists! Or at least opposition parties may act as if they do. Whether voters will vote against a ruling party because they do not like specific candidates in various ranks is, of course, another matter.

For the upcoming Israeli election, divisions on the left are not the problem

Israel’s general election has been set for 9 April. This election is both “late” and “early”. The term is four years, and this election will be more than four years after the last election (which was in March, 2015). Yet under Israel’s Basic Law provision on election dates, the date for 2019 could have been as late as November. Nonetheless, the Knesset passed a bill in late December setting the election date.

All indications, at least for now, are that the Likud and its leader, Benjamin Netanyahu, will remain at the head of the government following the election. Polls put Likud far ahead of the second party, which in many polls is a new entrant, Israel’s Resilience, founded by former IDF chief of staff, Benny Gantz. The real question is who will be the coalition partners. Both the governing “nationalist camp” and the opposition feature numerous parties, as usual, but also splits, including several new entrants since the election was announced.

There is often poor understanding of how Israeli politics works. To a degree, that’s understandable, as it is a complex political scene (and society). However, there is really no excuse for a major publication like The Economist getting it as wrong as it did in its 3 January edition.

The author of the piece shows a poor understanding of the dynamics of proportional representation and parliamentary government, mistakenly claiming that the center-left could win if only it were not divided into so many different parties. I want to use this claim as a foil, and illustrate why it is so mistaken.

Basically, the reason there are so many parties in Israel is two-fold: there are real socio-political divisions and there is a quite extreme proportional-representation system. Because of the high proportionality, divisions within a potential governing bloc are quite unlikely to be the reason such a bloc fails ultimately to end up in government. (Yes, there is a moderately high threshold that can cause some wasting of votes. We will come back to that.) A government needs to command the votes of one more than half the Knesset (61 of 120); no party will win a majority (none ever has), and so the process of forming a government is one of post-electoral bargaining. Whoever can get 61 votes in the Knesset (assembly) forms the government. A minority government–tolerated by some Knesset parties that don’t have a formal governing role–is theoretically possible, as it almost always is in a parliamentary democracy, but highly unlikely in Israel.

The Economist claimed that Netanyahu could be defeated if only the opposition would unite. The premise is based on two observations; they are true as far as they go, but that is not very far. First,

Under Mr Netanyahu, Likud has never received more than a quarter of the national vote. Yet it has dominated Israeli politics with the help of smaller nationalist and religious parties.

Second,

Were [opposition parties] running as one they would probably gather 40% of the vote, overtaking Likud.

The idea of a united center-left overtaking Likud is plausible, although 40% could be a stretch. Based on the aggregation of recent polls, all the opposition parties, not including Yisrael Beiteinu and the Joint List, come to an estimated 45.5 seats, which would be about 38%. So if all those parties formed one alliance list, they might get close to 40%. Moreover, is not out of the question that Yisrael Beiteinu (YB), which left the government in November, could join a center-left coalition. Even if they get to 40%, however, getting to the 61 seats needed for a majority remains a stretch. For one thing, it is virtually impossible to construct coalition scenarios around the Joint List being in. (The reasons why would be a topic for another thread; the short version is they would not accept if invited to join a governing coalition, which they won’t be.)

The problem is that this 38% or 40% might still not be enough, absent either a polling shift (or substantial error) in their favor or the defection of some party from the current bloc of governing parties, other than YB. If the Haredi (ultra-orthodox) parties joined them in government, that would be another 11.7 seats on the current polling estimate. So if we take the current opposition (minus Joint List), and add in YB and the two Haredi parties, we are at 45.5 + 4.5 + 11.7. Look, we made it to 61.7! A very bare majority, if the polls are spot-on. But not so fast.

While the Haredi parties have governed with left parties before, the broad center-left alliance the Economist is imagining includes at least one party that would be highly unlikely to go into government with the Haredi parties. Yesh Atid, currently polling at 12.7 seats, has as one of its core reasons for being the diminution of ultra-orthodox religious privileges in society; it successfully kept the Haredi parties out of government when it joined a coalition after the 2013 election. It is hard to imagine it agreeing to sit in a government with the Haredi parties (and vice versa). In fact, one of the reasons for the election being called when it was is that the government–again–failed to resolve the Haredi military draft issue, as required by the Supreme Court. It would not be any easier for a center-left-religious coalition to handle. Such a coalition could also be a problem for Meretz, which is a highly secular, left-wing party. YB, which gets most of its votes from the Russian community, is also closer to Yesh Atid on these issues, because of the official rabbinate’s rejection of many Russian immigrants’ Jewish status, although it has sat in nationalist-religious coalitions before, obviously.

Thus we see here already a reason why the Economist’s explanation for why the left won’t unite into a single alliance–“But none of the party leaders is prepared to serve as number two”–is insufficient. The opposition contains not only differences over who should be its leader, but also real divisions over what should be the course of action of the next government. A lot of the divisions may be personalities, but by no means all of them.

Nonetheless, let’s take the claim at face value. Let’s assume that there is an opposition alliance that, upon uniting, somehow not only does not lose any substantial share of its current voters because of pre-election compromises it has to make, but also is able to attract some voters from the right. It ends up with 48 seats (40%), while Likud has only 30 (25%). Is the most likely government–even with such a board alternative pre-electoral coalition able to start bargaining with the other parties–still one led by Likud? Yes, probably.

While it seems somewhat implausible that a pre-election alliance with 40% would be kept out of power if it was really 15 percentage points ahead of the largest list on the other side, any scenarios that have the center-left forming the next government have to get over the parliamentary arithmetic and real political issues mentioned already before they should be taken seriously.

Moreover, it is not as if the divisions on one side are occurring in a vacuum in which the other side does not exist or know what is happening. If, somehow, the center-left united and was polling at 40%, the right surely would respond with alliance-making of its own. While the various personalities in the smaller right-wing parties and in Likud clearly have a fair amount of contempt for one another, they arguably have fewer unbridgeable policy divisions than the center-left. In other words, if they were faced by a genuine threat of a united center-left, they’d almost certainly construct a more united right. We have seen it before: Likud and Yisrael Beiteinu put together a pre-election alliance in 2013, in part out of concern that Yesh Atid might surpass Likud in seats. While there is no procedural advantage to the largest party or list (just ask Tzipi Livni about the 2009 result), there is nonetheless political value in being first, or at least in not too far behind. Already, there are rumors that Likud and current center-right partner Kulanu may be negotiating a joint slate. (On current polling, that would combine for 34.3 seats, or just under 30%.)

Nonetheless, the bottom line is that, regardless of which list gets the most votes and seats, the government will be the one that can assemble a coalition consisting of at least 61 seats. And the simple fact is that advantage in votes falls to the broad right, not the left. There is no sense in which the divisions on the left are preventing it from winning. This is a proportional system, and so divisions are not costing any potential bloc seats, as they would in a majoritarian system.

But, hold on, what about that threshold? Is it possible that the left could deprive itself of seats because some of its parties fall below the threshold? If that happens, then it does indeed waste votes and potentially displace some seats to the right. So, yes, it is possible. The threshold is 3.25%, and at least one party on the center-left is below that (Livni’s HaTenua). However, Livni clearly is going to take part in some new alliance, now that she has been booted in an especially insulting fashion out of the Zionist Union that she formed with Labor before the 2015 election. Besides, this was not a claim the Economist piece made; it does not even mention the threshold.

One new party that has entered, Gesher (headed by current MK and YB-defector Orly Levy-Abekasis) is perilously close to the threshold. However, it is rather likely it will end up joining some pre-electoral bloc. There is also the newly registered party, Telem, of former Defense Minister Moshe Ya’alon, who has declared he will not sit in a coalition with Netanyahu. Lists, including any alliances, need not be finalized till late February. (And, yes, this will be a general election in more ways than one.)

Moreover, it is not only the left that has to worry about the threshold. Netanyahu was sufficiently worried to propose lowering the threshold before the election. This was after the Knesset had passed the bill to set the election and “disperse” itself, but before the split in one of his current nationalist governing partners, Bayit Yehudi. The effort on the threshold failed, but it shows that it is not just the opposition that has divisions that could cost it.

The remnant of Bayit Yehudi is currently below the threshold. With 2.8 seats, it is about 1.2 short (the 3.25% threshold means usually the minimum size of a party in the Knesset will be 4 seats). It will probably align with one or more other very minor ultranationalist parties, but even in such an alliance, it could still be left out.

The defectors from Bayit Yehudi, Naftali Bennett and Ayelet Shaked, have formed a party to be called New Right. It is currently on 8.8 seats. It will seek to cement the Judea & Samaria settler vote and others opposed to any territorial concessions (helped by recruiting Caroline Glick to the list); it will remain a natural partner for Likud even as it seeks to differentiate itself both from Likud and from Bayit Yehudi. Yet even without the remnant of Bait Yehudi passing the threshold, the current coalition partners are at about 59 seats. So now we are up against one other critical fact of the Israeli party system: there are various parties on the center-left that would be willing to join a Likud-led government. In fact, of all the parties on the center-left (not counting the Joint List, which will not be in any government), the only one I am sure would not join Likud is Meretz, and if we take Ya’alon at his word, whatever list he is on won’t back Netanyahu. (As mentioned before, it is also hard to see Yesh Atid in a government with the Haredi parties, but the party has been in a Likud-led coalition before.)

It just very hard to see a realistic scenario for a non-Likud government, absent a major shift in public preferences. Note that I have not even mentioned yet the legal troubles facing Netanyahu. Could that lead to a shift towards the center-left? Maybe. But don’t count on it. More likely, were the PM to be faced with charges before the election, he’d lose some votes to New Right. In fact, that could even be one of the reasons Bennett and Shaked made their move: their new party and its emerging platform could appeal broadly on the right in a way that the hardline orthodox religious (but not Haredi) components of Bayit Yehudi never would have.

To summarize, divisions on the left (or right) will not keep a camp from winning its full seat potential. Yes, if a party needed for the bloc to form a coalition majority falls below the threshold, that could displace seats to a rival bloc. However, parties that are at serious risk of not reaching 3.25% are likely to ally with other parties. It does not matter if the entire center-left unites; it still has less support in the public than the nationalist camp, and thus the latter would remain in stronger position to form a government. Moreover, it is not even clear that a united center-left would gain more votes than the separate parties can win, given the real divisions they reflect. To some degree this is true on the right, too (see the 2013 Likud Beitenu case), but the right is more cohesive as a potential (and current) government. Things could change between now and the election, but I would not count on it. Scenarios in which the current opposition will be the next government need a more credible story in their favor than just that the opposition needs to be more united.

Open lists in MMP: An option for BC and the experience in Bavaria

One of the options for electoral reform in British Columbia is mixed-member proportional (MMP) representation. The criteria for the potential system allow for a post-referendum decision (if MMP is approved by voters) on whether the party lists should be open or closed. The guide that was sent to all BC voters shows a mock-up of a ballot that looks like New Zealand’s, with closed lists. However, the provincial premier has stated that, if MMP is adopted, lists will be open.

When it comes to lists, it is my opinion that citizens will elect all of the members of the legislature. They will select names that are representative of their communities.

I remain uncertain about the value of open lists under MMP. Is it worth the extra ballot complexity? What additional gain does one get from having preference votes determine order of election for those winning compensatory seats? The MMP Review in New Zealand after the 2011 referendum (in which voters voted to keep MMP) looked at this question extensively. It came down firmly on the side of keeping lists closed.

Nonetheless, the statement by the premier suggests he believes the system is less likely to be chosen if voters expect the lists to be closed. And, given regional districts on the compensation tier, as explicitly called for in the system proposal, the lists would not be too long and thus the ballots not too complex.

It happens that there is one MMP system in existence in which the lists are open. Such a system has been used in Bavaria for quite some time. I actually proposed such a model in a post way back in 2005, quite early in the life of this blog. At the time I had no idea that what I had “invented” was, more or less, the existing Bavarian model.

Of course, Bavaria just had an election. In the thread on that election, Wilf Day offered some valuable insights into how the open lists worked. I am “promoting” selections from Wilf’s comments here. Indented text in the remainder of this post is by Wilf.

The Bavarian lists are fully “open,” and the ballot position has no bearing on the outcome, except to the extent the voters are guided by it, especially seen in voting for the number 1 candidate.

Of the 114 list seats, 31 were elected thanks to voters moving them up the list, while 83 would have been elected with closed lists.

Did the first on the list always get elected? Almost. In the region of Lower Bavaria, the liberal FDP elected only 1 MLA, and he had been second on their regional list.

Did the open lists hurt women? I did not check most results, but the SPD zippers their lists, and I noticed in Upper Palatinate the SPD elected 2 MLAs, list numbers 1 and 3 (two women). Conversely, in Middle Franconia the SPD elected 4 MLAs: 1, 2, 3, and 5 (three men).

Little known fact: a substantial number of voters in Bavaria, being used to voting in federal elections where their second vote is just for a party, blink at the Bavarian ballot, look for the usual space to vote beside the party name, it’s not there, so they put an X beside the party name anyway. A spoiled ballot? No, they count it as a vote for the party. Not a vote for the list as ranked, it does not count for the ranking or for any candidate, but it does count in the party count. Just like Brazil, where a vote for the party is not a vote for the list ranking, except Bavaria does not publicize the option of voting for the party.

Among the more interesting new Free Voter MLAs:

Anna Stolz, lawyer, Mayor of the City of Arnstein; she had been elected Mayor in 2014 as the joint candidate of the Greens, SPD, and Free Voters; the local Greens said they were very proud of her as Mayor. The Free Voter delegates meeting made her number 5 on the state list, but the voters moved her up to second place as one of the two Free Voter MLAs from Lower Franconia.

From Upper Bavaria, the capital region, list #12 was Hans Friedl, with his own platform: “a socially ecologically liberal voice, an immigration law based on the Canadian model, no privatization of the drinking water supply, a clear rejection of the privatization of motorways”). The voters moved him up to #8, making him the last of 8 Free Voters elected in that region.

Note: the comments are excerpted, and the order of ideas is a little different from where they appear in the thread. I thank WIlf for his comments, and for his permission to make them more prominent.

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.