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.