Gerry Kristianson
is a political scientist who has served as a CIDA-sponsored supervisor or
observer in several East European elections. He was among a group of
international observers at the 1999 Russian election. This is a revised version
of a paper presented at the Making Votes Count Conference held in Vancouver in
May 2000.
It is commonplace for
Canadians to cite our federal and provincial electoral systems as models that
should be copied by others. There probably is not a parliamentarian, past
or present, who has not told an audience of students about the virtues of our
democratic process, and especially about the way in which our “first past the
post” voting system helps ensure strong and decisive majority governments,
thereby avoiding the instability of European multi-party systems and coalition
governments based on proportional representation. However as few of the new
democracies seem to be interested in adopting our electoral system, this
article suggests we may want to pause and rethink how good the system really
is.
Our electoral system has many
admirable traits. Having observed or supervised elections in various
parts of Eastern Europe, Asia and South America, and having been either a
candidate or a campaign worker in more federal, provincial and local elections
than I care to remember, I can testify personally to the comfort that comes
with knowing that there is no doubt about the impartiality of the people
running the process, the secrecy of the ballot, or the accuracy of the count.
We take for granted things that are not assured in many other countries.
We do not have to worry about whether the ballots being counted are the
ones that were cast. No one in Canada has to be afraid that soldiers or
police will seize the ballot boxes at the close of polls in a phoney attempt to
ensure their “security” until the count can begin. We do not have to fear
that losing incumbents will refuse to leave office, claiming that the election
process was fraudulent because they do not like the outcome.
Canadians can take justifiable
pride that we were pioneers in the development of free and fair elections.
We were amongst the first to adopt the secret ballot and to extend the
franchise to all adult citizens (with some notable exceptions such as Asians and
aboriginal Canadians). It is a testimonial to our system that many
emerging democracies have come to Elections Canada and its provincial
counterparts for help in setting up their electoral machinery.
These positive features of
Canadian representative government should not be allowed to mask the fact that
we do not necessarily live in the best of all electoral worlds. When
considering whether there is a need to modernize our electoral system, it is
worth asking why there seems to be little enthusiasm elsewhere to adopt the
most fundamental element of our election process, the plurality voting system.
We also should ask whether there are positive lessons to be learned from
some of the many experiments in democracy that are being conducted in other
countries.
The Limitations of the
Plurality System
Although Canada and Canadians
have been playing a prominent role in efforts to help governments in Eastern
Europe and elsewhere develop democratic institutions, few countries seem
interested in adopting the most fundamental aspect of our electoral system –
the simple plurality or “first-past-the-post” ballot – as a means of selecting
legislators. In virtually every part of the world where new electoral
systems are being established, some form of proportional representation is
being adopted. Systems are being put in place to ensure that legislative
seats are allocated in proportion to the number of votes received by each
political party, rather than simply going to the candidate who wins the most
votes.
Having watched government officials in a number of countries
squirm as foreign observers criticized their failure to meet international
democratic standards, I can only hope that none of my observer colleagues from
other OSCE countries decide to visit British Columbia during our next general
election!
When one considers the outcome
of recent elections in Canada it is not hard to understand why people who have
the opportunity to start fresh might reject our system in favour of some form
of proportional representation—or even some variant of the preferential or
single-transferable ballot. When examining the choices available to them,
people might well be influenced by the fact that our electorate almost never
gets what it voted for. British Columbia’s current NDP government won a
majority of seats in the last election, despite the fact that the Liberals got
more votes. The federal Liberals got a working majority in the House of
Commons in 1997 with less than 39% of the votes. On the other hand, the
Progressive Conservatives, while receiving 18% of the votes got only 7% of the
seats. The NDP’s 11% share got it only 7% of the seats, while the Bloc
actually got more seats than its electoral support justified. Reform was
the only party to get a number of seats proportional to its share of the
popular vote.
These results were not an
exception. The fact that our voting system frequently distorts the result in
order to give the winning party more seats than is justified by its share of
the vote has been cited as one of its virtues. “Strong” government, by
which is meant government in which the executive has unshakeable control of the
legislature, has been seen as more important than ensuring that everyone’s vote
counts equally.
This disparity between votes and
seats is, of course, a reflection of two factors — the uneven distribution of
support for different political parties and variations in size between
constituencies. One cannot do anything about the former. Canadians
have a right to choose their place of residence and to decide which party or
candidate they support. It is possible to ensure that individual
electoral districts are similar in size, but in British Columbia, at least, no
government has ever shown the will to do so. In fact, the province’s
election law provides for a disparity of up to 25% between seats — a number
that appears to place the province in breach of Canada’s international
obligations as a member of the Organization for Security and Co-operation in
Europe.
During an OSCE conference in
Copenhagen in 1990, as part of our efforts to encourage democratic development
in Eastern Europe, Canada signed a declaration that emphasized “the central
role of elections in securing the citizen’s right to participate in the government
of his or her country.” We agreed to “guarantee universal and equal
suffrage to adult citizens.” As a member of the OSCE we agreed that “the
principle of equality requires that one’s vote be given equivalent weight to
other voters in order to ensure equal representation.” We accepted a
definition of equality as meaning that in plurality systems like our own, “the
size of the electorate among constituencies should not vary by more than
approximately ten percent.”
The above statements come from a
document that was used by OSCE observer teams in Russia to judge whether that
country was meeting the required standards during the recent presidential
election campaign. I have to confess that when it arrived on my e-mail in the
central Siberian city of Krasnoyarsk I was more than a little embarrassed to
find that I had to judge the Russians against a standard that my home province
could not meet.
Proportional Representation
as an Alternative Voting System
Because of the disparities that
seem an inevitable result of first-past-the-post voting, many countries have
adopted systems designed to ensure a direct relationship between the number of
votes received by a party and its proportion of legislative seats. I have
some personal familiarity with such systems having observed at first hand
elections using some variant of proportional representation in Bosnia,
Slovakia, Russia and Guyana. I have watched the votes being cast, been
present during the counting process, and observed the process by which seats
are allocated.
Simplicity often has been cited
as one of the virtues of our plurality system. The voter marks an X
beside the name of the favoured candidate and the person with the most votes
wins. However, from the voter’s perspective, a proportional ballot need
not be any more complicated. In its most basic form it can be identical, except
that individual names of candidates are removed and only the list of party
designations left on the paper. Given evidence that for most voters this is the
most important piece of information anyway, the only substantive difference is
that the votes get counted on a national or provincial basis rather than
constituency-by-constituency.
The counting process for this
basic kind of proportional representation ballot is no more complicated than
counting plurality ballots. You just sort the ballots into piles for each party
and count the number in each pile. It is true that after the votes have
been counted, proportional systems, instead of simply declaring the name of the
candidate with the most votes, must conduct the additional step of allocating
seats on the basis of voting shares. There are a number of different ways
of doing this, but we can safely assume that all the voters really care about
is the bottom line.
Variants of Proportional
Representation
Proportional ballots can be made
more complicated in order to give the voter greater control over the order in
which individual candidates will be declared elected from the party lists.
One has to ask, however, whether this is necessarily a problem?
Given their experience in municipal elections, where they are faced with
a long list of names, the right to vote for more than one candidate, and no
party designation on the ballot, I think we can assume that most Canadian voters
would not have much trouble dealing with even the most complicated proportional
ballot.
What are some of the variants of
proportional representation? Some proportional systems allow the voter to vote
for a party and then to express one or more preferences within a party list.
In Slovakia, for example, the voter can give up to four names a special
preference by circling them. Any candidate receiving more than 10% of the
preference votes expressed for his party is assigned a seat first, starting
with the one with the highest number.
Some proportional systems allow
the voter even more power to determine the order in which individual candidates
will be elected. The voter selects a party list and then votes
preferentially within the list.
Other proportional systems do
not give the voter the luxury of helping to determine who actually gets to hold
a seat. In Russia, for example, the names of successful individuals are
simply selected from the list in the order in which the parties have presented
them. Unlike Slovakia, the lists of names do not appear on the ballots,
although they appear on large posters at the entrance to the polling station.
Most proportional systems are
based on giving the voter a choice between party lists, but some also allow a
vote for individual independent candidates. In municipal elections in Bosnia,
for example, the ballot lists parties, coalitions and independent candidates.
Whatever their individual
differences, however, all proportional systems have in common the intent of trying
to ensure that everyone’s vote contributes to the election of a legislative
representative and that parties hold legislative power in direct proportion to
their level of voter support.
By their nature, proportional
systems cannot be based on single member constituencies. Elected members
do not acquire specific geographic responsibilities unless assigned to them by
their parties after election. In most examples, a single list applies to
the whole country or jurisdiction, although there are variants in which one
counts the votes proportionally for lists that apply to a region. In this
case, the only requirement is that the number of representatives from each
district must be proportional to the size of the whole electorate. Such a
system could be used in a place like British Columbia, based on natural regions
like Vancouver Island, the lower Mainland, and do on.
Despite the basic attempt to
ensure a direct relationship between the number of votes received by a party
and its share of legislative seats, most proportional systems require a minimum
level of support before a party can participate in the sharing of seats.
This number usually is 5%, but can be less. For example, in
elections for the Russian Duma, if the cumulative total of votes cast for all
parties passing the 5% threshold is less than 50% of the total votes cast, then
parties gaining 3% also share in the allocation of seats. In Slovakia, if
no party makes the 5% cut-off, then the barrier is lowered to 4% for everyone.
The minimum vote requirement can
be criticized as discriminatory in the same way that one can criticize a
legislature’s use of a minimum size rule to determine “official” party status.
On the other hand, the minimum can be defended as a means of encouraging
coalition building. In Slovakia, for example, the election law allows
parties to submit separate lists but to register as a coalition so that they
can add their votes together for the purpose of allocating seats.
However, since the Slovak law also states that both parties have to
achieve the 5% threshold, there was no incentive to take advantage of this
provision during the 1998 election. On the other hand, having recognized
the problem posed by the 5% barrier, two groups of parties decided to register
under a single new name that included the word “coalition”.
A desire to combine the benefits
of legislative responsibility for a specified geographic area with the virtues
of proportional representation has led to some mixed systems. In Russia,
for example, half of the Duma’s 450 seats are allocated on the basis of
proportional representation, as described above, and half are single member
constituencies with the seat going, as in Canada, to the candidate who gets the
most votes. In the latter case, the winner does not need an absolute majority,
but does have to get more votes then have been cast for “none of the above”.
The ability to vote against all of the candidates on the list provides an
interesting added dimension to the Russian election process. In the
December 1999 Russian election voters rejected all candidates in eight
seats—thereby requiring by-elections.
The Russian attempt to combine
the virtues of proportional and plurality systems does seem to have had the
effect of facilitating the election of formally independent candidates.
Judging from the results, many Russian voters seem to take advantage of
the mixed system to cast one vote for a party list and the second for a
candidate not affiliated with that or any other group.
I am particularly intrigued by
the Russian provision of a place on the ballot on which to reject all
candidates. In the single-member races for legislative and executive positions
in Russia, the winning candidate has to get more votes than are marked for
“none of the above”. A cynic might suggest that it would be dangerous to
introduce such a provision in Canada. Given current attitudes towards
politics and government, we might find that no one could get elected!
If we are not going to move to
proportional representation, we might want to consider election rules which
require majority support before one can be elected. While the example is
less relevant to Canadian circumstances, Russia, along with a number of
European democracies has adopted the run-off system for its presidential
elections. The winning candidate must have an absolute majority of
support. A second election is held between the two leading
candidates if no one gets a majority on the first round. Since a
second round of voting has obvious expense implications, one can accomplish the
same objective by moving to the preferential or single transferable ballot, as
used in British Columbia during the 1952 and 1953 elections.
A run-off requirement also was
being imposed on a provincial level by-election during my recent visit to
Russia. In addition to the presidential vote, people in the Krasnoyarsk
suburb of Leninski were being asked to vote for someone to fill a vacancy in
the regional legislature. Since no one got an absolute majority on March
26, a run-off election between the two leading candidates had to be held.
While turn-out has not been a
particular problem in Canadian provincial and federal elections, it is
interesting to note that many foreign jurisdictions require a 50% turn-out
before an election can be considered valid. In Russia, for example, this
rule applies to all elections. Such a provision would have an interesting
impact on our municipal elections.
In addition to the form of the
ballot, there are other areas where we might consider change based on examples
elsewhere.
Even though our system of
appointing impartial returning officers has worked reasonably well I rather
like the way in which a number of Eastern European jurisdictions require the
equivalent of our returning officer to work with a formal committee or
commission composed of party or candidate representatives as well as
non-partisan people. This helps to ensure that no one feels isolated from
decisions affecting the mechanics of the electoral process.
We also might learn from efforts
elsewhere to ensure that every citizen has the opportunity to vote. Given the
mobile nature of our society, there will always be people whose names do not
appear on the current voters list. Many jurisdictions are more flexible
than either BC or Canada in allowing voters to register, as in the Russian
case, “to the beginning of the calculation of votes”, in other words, until the
polls close. Voters are routinely added to the list throughout voting
day, upon presentation of appropriate identification. It may seem
somewhat perverse that the requirements of what used to be totalitarian police
states, such as the need for every citizen to carry photo identification,
actually facilitates the democratic election process.
It also must be said that the
use of proportional representation facilitates election-day registration in the
sense that when voting for party lists rather than for individual constituency
candidates, the place of local residence becomes less relevant to determining a
person’s right to vote.
The use of portable ballot boxes
is another election innovation that might be considered. In both Slovakia
and Russia I have accompanied election officials as they carried a small ballot
box to the homes of elderly or handicapped voters. At the close of polls,
after the total number of ballots in these boxes had been reconciled with the
list of voters, the contents were mixed with those from the larger polling
station boxes so that voting secrecy was assured.
In closing, let me repeat that I
do not intend this discussion of alternatives to our voting system to imply
that our current electoral systems at both provincial and federal levels do not
have some strong and important virtues. But it is these very strengths that
should allow us to consider the need for change. We need to keep asking
ourselves the fundamental question. As they set out to create a new
democratic process, why is it that so few countries want to adopt our ballot
system?