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.

Bavaria 2018

As most readers of this blog probably already know, the German state of Bavaria held its state assembly election on 14 October. The result was a huge rebuke to the long-governing Christian Social Union, which is the regional alliance partner of federal Chancellor Angle Merkel’s Christian Democratic Union.

The CSU normally wins a majority of seats on its own, but will be far short this time. (I read somewhere that this is only the third time the party has been below 50% of seats in the postwar period, but I did not confirm whether that is correct.)

The CSU has won 37.2% of the votes, a loss of over ten percentage points compared to the previous state election. The biggest gain was for the Greens, who will now be the second largest party in the state assembly, having won 17.5% of the votes. The Free Voters are next, with 11.6%. Then comes the SPD; their 9.7% is a loss of over half their vote percentage since last election. The FDP barely cleared the 5% threshold (5.1%), and the extreme-right AfD easily entered the assembly for the firs time, with 10.2%. The Left Party was below the threshold (3.2%).

So, what will the next government of Bavaria be? The CSU has, of course, ruled out working with the AfD. They would have a majority if they joined with the Greens, but that seems unlikely. The CSU+FDP would probably not be a majority (although given below-threshold votes, which total around 8.6%, maybe it will be when the seat allocations are complete). That leaves the Free Voters as the most likely option. They are a center-right party; at least I think that is a fair characterization. Actually, characterizing them as a “party” might be controversial. They claim to be a collection of independents, and they do not require their members of the assembly to vote as a bloc. That may have to change, soon.

No Jamaica?

The “preliminary” talks between the CDU, CSU, Greens, and FDP on a so-called “Jamaica coalition” have hit an impasse, with the FDP pulling out. This was the only viable coalition following the recent elections, assuming the SPD doesn’t change its mind and decide to go back into government.

So, new elections? Or sweetening the FDP’s offer, while somehow not losing the Greens?

MMP weekend: Germany and New Zealand 2017

We are entering days of convergences. Over the next two days, the Jewish and Islamic new years and the first day of Autumn coincide. Then, on the weekend, we have the convergence of elections in the two countries that offer our best examples of mixed-member proportional (MMP) representation electoral systems: Germany and New Zealand. (Lest I be accused of hemispherism, let me hasten to note that in one of those countries, the election will be the day after the start of spring.)

In the case of Germany, which votes Sunday, there really has been no doubt for some time that the CDU/CSU alliance would place first, but it will be down from its 2013 result. There is also little doubt that the two parties that missed the 5% party-vote threshold in 2013 will clear it this time: the center-right FDP and the far-right AfD. The SPD, which briefly flirted with the lead in the polls some months after changing its leadership, looks like it may struggle to break 25% of the vote. The real question is what the coalition will be, after the election results are known.

I would expect the SPD to want a period of opposition to recollect itself after what looks sure to be another disappointing result for the party. Thus it may not be willing to renew the current CDU/CSU+SPD big coalition (what we should stop calling a grand coalition; my more direct translation of the German term is more apt). If the FDP has enough seats to combine with the CDU/CSU, we might see a return to the center-right combo that governed from 2009 to 2013, as well as in many past terms. There is just enough error in the projections from polling to allow for the possibility that this could be a viable combine. (Mouse over the numbers in the table at that link for the range of vote and seat projections for each party.)

However, the most likely result seems to me to be Jamaica! I will admit to rooting for this: CDU/CSU + FDP + Green. (The name refers to the parties’ colors.)

In New Zealand, the contest for Saturday’s election is much more uncertain. For months it seemed National, which heads the current multi-party governing arrangement, was cruising to another win. Then Labour changed its leader and surged (similar to the German pattern). By a few weeks ago, the two largest parties were running neck and neck, while the Greens stumbled badly and looked at risk of failing to clear the 5% party-vote threshold. This scenario was posing a potential difficult challenge for center-left voters: Do you vote Labour to bolster its formateur status (as the largest party, although there is no formal right of first attempt to the largest in New Zealand)? Or do you vote Green to ensure there is a viable partner for Labour other than Winston Peters and his New Zealand First (NZF) party? Given that the electoral system is MMP, you can do both: vote for Labour in your district (electorate) and vote Green on the list. However, while that might be a voter’s way of making a statement of preferred coalition, only the party vote affects the overall balance of seats in parliament. (Some exceptions to that statement, as I will get to below, but none likely relevant to the Labour-Green situation discussed here.)

In recent days, some polling suggests that National might be pulling ahead again. The result could be very close, and it could be a situation in which NZF is pivotal (although that may be less likely than it seemed some weeks ago). That is, assuming NZF makes it. The party has been tending downward and is hovering near 5%, as are the Greens . Here is where the electorate (district/nominal) vote comes in. The threshold provision for a party to participate in nationwide proportional allocation is 5% of party-list votes or one electorate. (Additional MPs elected beyond the electorate candidate are what I have termed “piggyback MPs“, not to be confused with that other MMP creature, the “shadow MP“.) The Greens do not have an electorate where they are viable, but NZF does.

Peters, the NZF leader, currently holds an electorate seat, Northland, having won it in a by-election in 2015. He is the party’s candidate again for the seat. If he retains it, his party would qualify for additional list seats, even if it fell below the 5% party-vote threshold.

The other electorate contests that matter include the one in Epsom, although it is not really a contest. The seat is safe for the one Act MP, David Seymour, who is quite certain to return. It is probably not likely that the Act party vote will be sufficient to earn the party a second seat, although I saw one projection a week or so ago that suggested it was possible. Act has been a governing partner with National since 2008.

Then there is Waiariki, one of the Maori set-aside seats. (Voters who claim Maori descent can choose to vote in their special Maori electorate or in the general electorate seat in which the reside.) Te Ururoa Flavell is fighting to hold the seat, which is the only way his party will retain a presence in parliament. That is quite a change for the party, which has been a National governing partner since 2008. In the past it has won as many as five electorate seats (in 2008) and in 2014 it had sufficient party votes to win a list seat for the first time, in addition to its win in Waiariki electorate. This time, it may end up with just one seat–or zero.

One electorate we know will not matter this time is Ohariu. United Future leader Peter Dunne resigned in August, after a 33-year career as an MP. This effectively kills the party, which has been a support partner to every government, whether led by Labour or National, since 2002. Only in 2002 did the party clear the party-vote threshold, and since 2008, Dunne has been its only member.

In an interesting twist on the Ohariu story, the Greens had initially decided not to contest the seat, in order to give the Labour candidate a chance to defeat Dunne and thereby knock a National partner out of the government-formation equation. When Dunne resigned, the Greens announced a candidate for the seat. With Dunne not running, there is no scenario in which this electorate will matter for the parliamentary balance, so there was no reason for the Greens not to have “local face” on the party (even though many of its voters will split their vote and give their electorate vote to the Labour candidate anyway). Running a candidate is thus another example of what I have called green contamination.

Two MMP elections in one weekend. Now that will be something to watch!

 

No, the allies did not “impose” MMP on Germany

An entry on the Whoa! Canada blog claims that the mixed-member proportional (MMP) electoral system Germany uses was an imposition of the allied occupational authorities.

For those who don’t know, at the end of Second World War the victorious Allies governments imposed Mixed Member Proportional Representation on West Germany.

They did this specifically to prevent the rise of another Hitler.

Further on, it makes a specific claim about the then British Prime Minister, in a bold subheading of a section that actually does not even try to elaborate on its claim:

Winston Churchill knew Proportional Representation was a defence against fascism.

This is all very fanciful. The allied occupation authorities did not “impose” MMP on Germany, and the British in particular favored reverting to Germany’s pre-Weimar majoritarian system, as did the Americans. MMP was a product of compromise among the various German parties and the American, British, and French occupation governments.

The (unsourced) claim that Churchill saw PR as a bulwark against fascism is especially creative. At the time, PR was widely (if inaccurately) seen as responsible for the rise of the Nazis. If anything in the German system was adopted to be a bulwark against fascism, it was the 5% threshold–the very most non-proportional feature of the system to this day.


For a good overview of the adoption of MMP in Germany, see Susan E. Scarrow, “Germany: The Mixed-Member System as a Political Compromise,” in Matthew S. Shugart and Martin P. Wattengerg, eds., Mixed-Member Electoral Systems: The Best of Both Worlds? Oxford University Press, 2001.

Two more AfD breakthroughs in German state elections

Hard on the heels of clearing the 5% threshold in the Saxony elections, the Alternative for Germany (AfD) has won a chunk of seats in both Brandenburg and Thuringia. The party went over 10% in both states.

There is even speculation that the Left Party could get its first premier, because the current CDU-SPD coalition (Christian Democrats and Social Democrats) is well short of a majority of the vote in Thuringia. (The two parties had combined for 49.7% in 2009, and easily won a majority of seats in that election.) The Left Party (28.2%) is in second place to the CDU (33.5%), with the SPD third (12.4%). Greens won 5.7%. The three-party bloc of Left-SPD-Greens coalition has 46 seats, the same as the CDU-SPD bloc. Either would control a bare majority of the assembly’s 91 seats. (The AfD is the only other party to have won seats, and has 11; no one is interested in it as a coalition partner.)

In Brandenburg, the SPD retained its plurality, with 31.9%. It currently governs with the Left as a junior partner. The Left, which won 18.6% in this election, is down 9 seats from the last election. The two parties’ combined strength of 47 seats is still a majority in the assembly of 88 seats. SPD (30) + CDU (21) is also a possibility. In additions to the 11 new seats for the AfD, a party called Brandenburg United Civic Movements/Free Voters broke through and won 3 seats. Given that its list vote was only 2.7%, it obviously won on the strength of single-seat district wins.

The Free Democrats continue their collapse. They had 7.6% in Thuringia in 2009 but managed a mere 2.5% this time. It was even worse in Brandenburg, where the FDP won only 1.5% of the vote.

Before the election, federal Chancellor Angela Merkel, whose CDU is in coalition with the SPD (and the Bavarian CSU) warned against the possibility of a Left-SPD alliance in Thuringia, saying:

There’s a big national party here, the SPD, with a proud history…who would have thought that. A big, proud party like the SPD is making itself small.

Merkel’s remark is a tad self-serving. She has a vested interest in the SPD not trying out new partnerships with the Left (in addition to those states where such a coalition already has worked). Given her lack of partners, with the unattractive (for the mainstream) AfD replacing the FDP on the right, she needs the SPD to be a wiling junior partner for her party.

As I noted before the last federal election, small is exactly what the SPD has become, and its coalitions with the CDU are nowadays somewhat less than “grand”.