VOTING AND DEMOCRACY REVIEW The Newsletter of The Center for and Democracy

Volume II, Number 3 "Making Your Vote Count" July-August 1994

Cumulative Voting Thrust Into National Spotlight Judge's Order, Lani Guinier Draw Attention to Semi-PR System

A federal judge's ruling, a new book individuals, and more votes for a 's Benefits by Lani Guinier and The Center for candidate can do no more than elect that Cumulative voting (CV) has its Voting and Democracy's plan for North one candidate. And unlike preference benefits. Perhaps most importantly, CV Carolina's congressional districts have voting -- where voters have another can be described more simply than better drawn remarkable media attention to chance if their first choice doesn't help systems like mixed member proportional cumulative voting. Expressing his elect someone -- with CV "extra" votes representation and preference voting. personal view, CV&D's Rob Richie sees and split votes are wasted. With CV, voters have as many votes benefits in this semi-proportional system, (continued on page 4) as seats and can distribute their votes but not as a general reform. however they wish -- with the option of

giving a candidate more than one vote. The American media have paid more The top vote-getters win; the more seats attention to proportional voting systems South Africa Shows PR to be filled, the smaller the group of in recent months than at any time in our Means Inclusion for All voters that can help elect a candidate. history. It all began when University of In South Africa's all-race Easy to describe, CV also is easy to Pennsylvania law professor Lani Guinier in April, over 99% of voters helped use. It can be adapted to most voting launched a book tour and appeared on elect their first choice among 18 machines used in the United States, and several network television programs in parties. Commentators marvelled at exit polls studies demonstrate that voters which she discussed cumulative voting. the peaceful , but most quickly understand the new rules. Then, in March, a proportional plan overlooked the importance of the PR In specific cases -- for example, to proposed by CV&D to resolve the legal system which allowed the majority to resolve voting rights cases where there struggle over congressional redistricting rule, but minorities to win are enough minority voters to help elect in North Carolina sparked long stories meaningful seats at the table. one candidate -- CV can be effective in on National Public Radio and in the New Anthony Lewis was one exception. providing fair representation. This York Times and supportive commentary Citing CV&D's Voting and fairness need not be defined only by race; by syndicated columnist Clarence Page Democracy Report: 1993, Lewis with CV, more Republican candidates and the New Yorker magazine. wrote in the Times that have won in Chilton County. On April 5, Federal Judge Joseph "Americans might look at South Indeed, CV is a step toward fairness. Young ordered Worcester County (MD) Africa and think about our . The problem is that "semi-proportional" to use cumulative voting to resolve a South Africans lined up for hours, means "semi-fair." With fairer systems voting rights case -- an historic first. The determined to vote; half of us do not available, that's not good enough. Post quoted CV&D on Page bother....They used proportional

1 in its story on Worcester County, representation to mitigate conflict; papers around the country ran wire Cumulative Voting's Drawbacks we mocked a Lani Guinier who stories and Time and CBS News profiled Cumulative voting is a semi-PR thought we should consider a form of how cumulative voting has worked in system because -- as with winner-take-all PR for the same reason." two elections in Chilton County (AL). systems -- voters can lose representation A prominent London thinktank, The media's growing recognition of by splitting their votes among similar the International Institute for the significance of voting systems is candidates or by giving too many votes to Strategic Studies, also hailed the welcome -- and long overdue -- but one candidate. South African elections in its recent should not stop with cumulative voting. In party-based PR systems, the more annual report. The report contrasted In general, cumulative voting should be votes a party wins, the more seats the South Africa with Angola, Burundi, considered a transition to fairer, more party wins. But with CV people vote Liberia and Rwanda -- all of which effective forms of democracy. directly for have suffered tragic civil wars in the wake of winner-take-all elections.

Voting and Democracy Review July-August 1994 Page 1 "Making your vote count"

Note from the Director The Center for Voting and Martin Luther King, Jr. used to say that "the arc of the universe bends toward Democracy (CV&D) is a tax-exempt, justice." Perhaps it was only a matter of time before we finally began confronting our educational organization that serves as a voting system's lack of electoral justice and debilitating effects on voter participation, national clearinghouse on proportional open debate of ideas and effective representation. representation and other voting systems It has been a remarkable spring. As detailed in our lead story, the American media is that encourage fair representation, voter giving unprecedented attention to fair voting systems -- and much of it due to a range of participation and responsive CV&D activities. governance. Here's a report on our efforts and a growing grassroots movement: Voting and Democracy Review is published bi-monthly. CV&D members • National office: Compliance with the Voting Rights Act continues to collide with receive the Review for free; the fundamentally exclusionary nature of winner-take-all voting systems. More subscriptions are $15. All rights supporters of the Act are looking at proportional systems; what's more, they are finding reserved. No part of the Review may be that some opponents of the Act will support colorblind proportional systems that reproduced or transmitted by any means enhance the rights of all voters. without prior written permission from CV&D is focusing attention on fair alternatives to race-conscious districting, from CV&D: 6905 Fifth St. NW, Suite 200, high-profile efforts like the North Carolina congressional case -- where CV&D members Washington, DC 20012 (202) 882-7378. were put forward as voting system experts by both the plaintiffs and the defendant intervenors -- to quiet assistance to localities. CV&D Board of Directors Matthew Cossolotto (President) These two approaches this spring merged when our educational efforts in Worcester Author, Almanac of European Politics County (MD) helped lead to a federal judge ordering adoption of cumulative voting. The Cynthia Terrell (Vice-President) order sparked a Page-1 Washington Post story featuring CV&D and my hour-long Campaign consultant (DC) appearance on the syndicated Pat Buchanan radio show. Howard Fain (Secretary) In addition, this spring I addressed the voting rights section of the Justice Staff representative, AFSCME (MA) Department's civil rights division, spoke at the National Rainbow Coalition's annual David Lampe: (Treasurer) conference (where Jesse Jackson joined our call for a national, blue-ribbon commission Editor, National Civic Review (CO) Carolyn Campbell to look at proportional voting systems) and was invited to speak this summer to such City council aide/Green Party leader (AZ) audiences as the annual conference of the National Association of Counties and Miami Dolores Huerta Beach's Committee on Diversity. Vice-president, United Farm Workers (CA) Among several other activities, we Peter Nickitas held a well-attended Capitol Hill briefing with Sonia Jarvis and CV&D National Attorney, Duluth (MN) Advisory Board Chair John Anderson, while CV&D Advisory Board member Hendrik Roxanne Qualls Mayor of Cincinnati (OH) Hertzberg of the New Yorker joined me and Board members Matthew Cossolotto and Wilma Rule Cynthia Terrell for a New York Times editorial board meeting. Adjunct professor, U. Nevada-Reno (CA) • Washington: Active since 1992, Washington Citizens for Proportional James Skillen Representation has helped initiate pro-PR legislation, run candidates for Seattle city Exec. director, Ctr. for Public Justice (MD) council and spoken to dozens of community organizations. This May it held a well- Marian Spencer attended conference -- with prominent reformers from across the political spectrum, Former Cincinnati vice-mayor (OH) including the chair of the Washington Libertarian Party and state representative Velma Edward Still Voting rights attorney (AL) Veloria -- to launch a city referendum campaign calling for preference voting • California: Formed a year ago, Northern California Citizens for Proportional CV&D Advisory Board Representation has built a strong organization, with a 9-member Board elected by John Anderson (National Chair) preference voting and a number of dedicated activists working in their communities -- Former congressman, presidential candidate NCCPR members have appeared on local community cable stations, advised local Douglas Amy Kathleen Barber charter commissions, run for political office on pro-PR platforms and spoken at Theodore Berry John Brittain Martha Burk Eugene Eidenberg conferences. It is holding a June 25 conference on how voting systems affect fair James Elwood Jack Gargan representation of women. Hendrik Hertzberg Mel King • Massachusetts: The Fair Alliance of Massachusetts has been meeting Arthur Kinoy Arend Lijphart regularly since last year. On June 15, it organized a well-attended debate on Michael Lind Manning Marable proportional representation that was attended by three of the state's four candidates Michael Shuman Eleanor Smeal Maureen Smith Sam Smith running for Secretary of State; the fourth sent a representative. Bobbie Sterne Velma Veloria CV&D members elsewhere are also working hard, from North Carolina's Lee Tyrone Yates Joseph Zimmerman Mortimer to 's Jay Bohren, Washington, D.C.'s Mark Lewis, ' Bruce Baechler and New York's Don Shaffer. As we celebrate our second anniversary this CV&D National Director summer, we can feel proud about just how far we have come. Robert Richie -Rob Richie

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Voting System Reform Update Notable Quotes

Ø CV&D computer program counts Ø Effort to put PR on ballot "We should empower a Cambridge : CV&D has inputted falls short: A Michigan group did not commission to study democratic onto computer the preference voting collect enough signatures to gain ballot reforms as we contrast a shared power ballots from Cambridge (MA)'s 1991 status for a state initiative to establish definition of democracy in South election and run the ballots on a program proportional representation (PR). Africa and a rather elitist, aristocratic, developed by Jim Lindsay of CV&D's Organizers remain committed to PR. winner-take-all form of democracy in Technology Committee. The program our own country.... We must choose passed with flying colors: results for the Ø Winner-take-all fails to prevent civil inclusion over exclusion." Jesse 22,962 ballots can be tabulated in less war in Yemen, Hungary's PR election Jackson, May 1994 keynote than two minutes using either a builds unity: Yemen's ground-breaking National Rainbow Coalition fractional count of surplus votes or experiment with democracy collapsed

Cambridge's "random draw" rules. into civil war this spring after a 1993 "ADA urges that a high Counting preference voting ballots by winner-take-all election that exacerbated profile national 'Blue Ribbon' hand is now a choice, not a necessity. tensions between the recently reunified commission be established to examine northern and southern regions of Yemen. appropriate alternatives (e.g., Ø Worcester County case sets historic Hungary in May had its second PR proportional representation with multi- precedent as federal courts handle election since the end of the Cold War. member districts, preference voting, wave of redistricting suits: American With a form of mixed member PR that limited voting, cumulative voting and Civil Liberties Union attorneys claimed sparked high , a party of ) to the present system victory when U.S. District Senior Judge former communists won an absolute for elections at [all levels]." Joseph Young ordered that Worcester majority, but indicated plans to form a Resolution approved by Americans County (MD) -- home of Ocean City -- coalition government with a more for Democratic Action's Political and adopt the African-American plaintiffs' centrist party that finished second. Governmental Policy Comm., 6/94 cumulative voting plan for five county commission seats. Judge Young wrote Ø El Salvador's local elections show "[A problem in some African that the plan "is less likely to increase unfairness of winner-take-all: El nations was] the belief on the part of polarization between different interests Salvador's March elections provided a both the winners and losers of since no group receives special treatment clear demonstration of the unfairness of elections...that the winner would take at the expense of others." The county's winner-take-all elections. In national everything, leaving the loser with no appeal of the order will be heard in mid- elections conducted under PR, the Arena political role, no right to question.... July in the Fourth Circuit in Richmond. Party won 46% of the seats, yet at the Just chanting the word 'democracy' has Related lawsuits in the federal court same time won all seats in 79% of the achieved nothing in Africa." system include a Florida voting rights local elections using winner-take-all. Intl. Inst. for Strategic Studies case before the Supreme Court involving Strategic Survey 1993-1994 competing minority interests and Ø Italy's winner-take-all seats help put challenges to race-conscious districting neo-fascists in Cabinet: In March "It will take a waiver from of congressional seats in North Carolina, elections, Italy's new, less proportional Congress to make cumulative voting Florida, Texas, Georgia and Louisiana. system sparked an awkward coalition of possible for congressional elections in geographically distinct parties that North Carolina.... Congress should Ø Texas communities adopt included the separatist Northern League take the hint and do it." cumulative voting, Alamogordo and neo-fascist National Alliance, both Clarence Page, Chicago Tribune election runs smoothly: The Justice of which have several cabinet seats in the column, March 30, 1994 Department in May approved cumulative Silvio Berlusconi's new government. voting for five Texas school districts that "[North Carolina] could seize agreed to adopt cumulative voting to Ù Ù Ù Ù Ù Ù Ù Ù the opportunity to lead the nation by resolve voting rights disputes. Several VOTING & DEMOCRACY REPORT pushing for a voting system that other settlements negotiated by Texas The final, bound edition of Voting eliminates gerrymandering -- racial or attorney Rolando Rios await approval. and Democracy Report: 1993 is now otherwise -- and thus creates a In March, Alamogordo (NM) held its available. With over thirty articles by congressional delegation that more third cumulative voting election for three voting system authorities, this first closely represents its people." at-large city council seats. Inez Moncada annual report is an invaluable resource Durham Sunday Herald-Sun finished first; no Latinos represent the for scholars, legislators and reformers editorial, April 3, 1994 four single-member districts. alike. For a copy, send $9 to CV&D.

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"Making Your Vote Count"

CUMULATIVE VOTING (continued from page 1) go to lower choices only if their higher choices do not need the vote. Candidates have an incentive to reach out to other With CV, groups have an incentive to run only as many constituencies to attract transfer votes -- both during campaigns candidates as they think can win, which gives more power to and once in office in preparation for the next campaign. leaders than voters and discourages competition among groups Studies of PrV demonstrate that even as the elections -- a problem in Illinois' CV elections from 1870 to 1980. enhance fair racial, ethnic and gender representation, most If "too many" candidates run, CV can fail to provide fair people vote based on political philosophy. One reason is that results and creates incentives for negative campaigning. Unlike parties are more responsive to voters. A black candidate won a preference voting -- which encourages coalition-building seat on Cincinnati's 9-member city council when the population because candidates seek transfer votes from other candidates' was 90% white because a party nominated him after he ran supporters -- CV's "all-or-nothing" feature leads to divisiveness strongly in the previous election as an independent. among like-minded candidates. Japan's similar system of limited In CV elections, however, people know that voting for a voting was known for its bitter intra-party competition. lesser choice could defeat their first choice and, as a result, tend For fair local elections, the main alternative to CV is to give all their votes to one candidate. Coalitions across racial preference voting (PrV), the system used in Cambridge, Mass. and ideological lines in campaigns and government are harder, With PrV, voters rank candidates in order of preference, and as and parties are less responsive to new constituencies. many voters as mathematically possible help elect one candidate -- usually a top choice. The following comparison between PrV and CV is instructive -- keeping in mind that CV of course is still better than any winner-take-all system! The Voting and Democracy Index • Mobilizing participation: PrV prevents candidates who appeal to like-minded voters from splitting their support. For F example, if 20% of voters support two similar candidates in an 1958: 22. Years it has held over 44% of seats in House of election for five seats, then their ballots will end up electing one Reps. since 1958: 0. Years it has controlled congressional candidate who wins transfer votes from the other candidate. With PrV, there is every incentive for more candidates to run. Additional candidates bring more voters to the polls and can Number of House seats insiders call competitive in 1994: only win more representation for their supporters. CV elections, however, tend to follow the pattern of single- member districts, in which "open seats" generate far more that will not organizing and voter turnout than campaigns with incumbents. Number of Texas congressional races in 1992: 30. • Encouraging positive campaigns and coalitions: To win Number of these races won by m in PrV elections, candidates must reach out to supporters of at least some other candidates because few candidates win on first Percent of state legislative races in 1992 elections that choice votes alone. Candidates thus have an incentive to run positive campaigns in order to gain a high place on the ballots of were uncontested by a major party: 33%. Percent of seats other candidates' supporters. CV's all-or nothing dynamic creates the reverse incentive to pursue negative campaigning. Percent of seats won by British Conservative Party in • Generating effective representation: PrV provides 19 -take all elections: 52%. Percent of seats that opportunities to build alliances because voters can rank recent polls show Conservatives would win today: 11%. candidates beyond their first choice knowing that their vote will

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