Electoral System Reform: an Information Brief

The Importance of Process in Electoral System Reform: an Information Brief

The choice of electoral system is one of the most important institutional decisions for any democracy. In almost all cases the choice of a particular electoral system has a profound effect on the future political life of the The International Institute for Democracy country concerned. Ahead of the 2015 general elections, the parliamentary and Electoral Assistance –International ‘Commission for Observation of the Electoral System Fit for the Republic of IDEA – is an intergovernmental the Union of Myanmar’ was formed to review the electoral system. In organization that supports sustainable September International IDEA in Myanmar, provided testimony upon democracy worldwide (www.idea.int). Its objective is to strengthen democratic invitation of the commission. Referring to the new Handbook on Electoral institutions and processes. International System Design that was published in Burmese earlier this year, The IDEA acts as a catalyst for democracy presentation emphasized the importance of a careful and inclusive process to building by providing knowledge design an electoral system. Although the Pyithu Hluttaw (Lower House) has resources, policy proposals and decided not to proceed with electoral system change, the Amyotha Hluttaw supporting democratic reforms in (Upper House) continues to explore this option. Therefore, this issue remains response to specific national highly relevant. requests. It works together with policy makers, governments, international Based on extensive research and experiences from around the world, the organizations and agencies and regional organizations engaged in the field of Electoral System Design Handbook concludes that the process through democracy building. which an electoral system is designed or altered has a great effect on the type of the system which results, its appropriateness for the political situation, and International IDEA is undertaking the degree of legitimacy and popular support it will ultimately enjoy. Drawing programming in Myanmar to develop on these lessons and international comparisons, this Information brief knowledge resources, promote introduces readers to the essential issues in this process. institutional development and facilitate inclusive and informed dialogue about This is part of a series of information briefs to stimulate in-country reflection democratic reform options. and discussion on issues important to Myanmar’s democratic transition and draws most of its content from Electoral System Design: The New International IDEA Handbook.1 International IDEA policy briefs are INTERNATIONAL IDEA informative rather than prescriptive and they do not cover all possible (Myanmar) scenarios. Room 5C, Yatha Condominium, 458-460, Corner of Mahabandoola Road and 31st Street, Pabedan Township, 1 Yangon, Myanmar The first information brief “Freedom of Movement in Political Campaigning” was published in May 2014. A. Reynolds, B. Reilly and A. Ellis (Eds.), Electoral System Design: A New International IDEA Handbook, Email: [email protected] International Institute for Democracy and Electoral Assistance, Stockholm, 2008.

1 Introduction fundamentally political process requiring public debate and careful consensus Electoral systems are today viewed as building, rather than a question to one of the most influential of all political which independent technical experts can institutions, and of crucial importance produce a single ‘correct answer’. to broader issues of governance and the wider political system. For example, it Some key questions of electoral system is increasingly being recognized that an design are: Who designs? That is, who electoral system can be designed both to puts the idea of electoral system change provide local geographic representation onto the political agenda, and who has the and to promote proportionality; can responsibility for drawing up a proposed promote the development of strong new or amended system and through what and viable national political parties, type of process? What are the mechanisms and ensure the representation of built into the political and legal framework women and regional minorities; and for reform and amendment? What process can help to ‘engineer’ cooperation and of discussion and dialogue is necessary to accommodation in a divided society by ensure that a proposed new or amended the creative use of particular incentives system is accepted as legitimate? Once and constraints. change has been decided upon, how is it implemented? Decisions to change, or indeed to keep in place, an electoral system are often affected by one of two circumstances: The significance of the process of change • either political actors lack basic knowledge and information so that The way in which a particular electoral the choices and consequences of system is chosen is extremely important different electoral systems are not in ensuring its overall legitimacy. A fully recognized; process in which most or all groups are • or, conversely, political actors included, including the electorate at use their knowledge of electoral large, is likely to result in significantly systems to promote designs which broader acceptance of the end result than they think will work to their own a decision perceived as being motivated partisan advantage. by partisan self-interest alone. Although partisan considerations are unavoidable The choices that are made may have when discussing the choice of electoral consequences that were unforeseen when systems, broad cross-party and public they are introduced, as well as effects support for any institution is crucial to which were predicted. These choices its being accepted and respected. may not always be the best ones for the long-term political health of the Therefore, it is essential to build country concerned, and at times they legitimacy and acceptance among all key can have disastrous consequences for its actors that are involved in the political democratic prospects. process. All groupings which wish to play a part in the democratic process The background to a choice of electoral should feel that the electoral system to system can thus be as important as the be used is fair and gives them the same choice itself. Electoral system choice is a chance of electoral success as anyone else.

2 International IDEA | December 2014 The paramount aim should be that those was a testament to the fact that who ‘lose’ the election cannot translate it saw long-term stability as their disappointment into a rejection more desirable than short-term of the system itself or use the electoral electoral gratification. system as an excuse to destabilize the path of democratic consolidation. In Source: Electoral System Design: 1990 in Nicaragua, the Sandinistas The New International IDEA were voted out of the government but Handbook, p.162 accepted the defeat, in part because they accepted the fairness of the electoral Electoral system change might seem system. Cambodia, Mozambique and a good idea to political insiders who South Africa (see box 1) were able to understand the flaws of the existing end their bloody civil wars through system, but unless proposals for reform institutional arrangements which were are presented in an appropriate way the broadly acceptable to all sides. public may well reject tinkering with the system, perceiving reform to be nothing more than a case of politicians altering Box 1: Case study: South the rules for their own benefit. Most Africa damaging are situations when the change is seen to be a blatant manoeuvre for When political actors negotiate political gain, or when the system alters over a new electoral system they so frequently that the voters do not quite often push proposals which know where they are. they believe will advantage their party in the coming Even with the current increased interest elections. However, this can in electoral systems, the number of often be an unwise strategy, people, both in elite circles and in particularly in developing society generally, who understand the nations, as one party’s short- likely impact of changes may be very term success or dominance limited. This is further complicated by may lead to long-term political the fact that the operation of electoral breakdown and social unrest. systems in practice may be heavily For example, in negotiations dependent on apparently minor points prior to the transitional 1994 of detail. Furthermore, when elections election, South Africa’s ANC take place at three or more levels, to the could reasonably have argued upper chamber of the legislature, the for the retention of the existing lower chamber of the legislature, and the First Past the Post electoral institutions of government at regional system (FPTP – see the section level, it is crucial that the systems used ‘Electoral systems: some of the are considered together. options’ for more information), which would probably have Reformers may need not only to fully given it, as by far the largest work through and explain the legal detail party, a seat bonus over and that would be necessary to implement above its share of the national change, but also to make technical vote. That it argued for a form projections and simulations to show, for of Proportional Representation example, the shape and implications of (PR), and thus won fewer seats proposals on electoral districts or the than it could have under FPTP, potential impact on the representation

3 The Importance of Process in Electoral System Reform: an Information Brief of political parties. Significant voices in valid items. Moreover, these criteria are civil society, academia and the media at times in conflict with each other or may contribute to developing a public even mutually exclusive. The designer perception that change is necessary. of an electoral system must therefore go Voter involvement programmes, for through a careful process of prioritizing example, inviting members of the public which criteria are most important to to participate in mock elections under a the particular political context before potential new system, may attract media moving on to assess which system will do attention and increase familiarity with the best job. A useful way forward is first proposals for change. They may also help to list the things which must be avoided to identify the problems - for example, at all costs, such as political catastrophes voter difficulty with ballot papers - which which could lead to the breakdown of a new system may generate. Technical democracy. Establishing the priorities simulations can also be used to ensure among such competing criteria can only that all contingencies are covered and to be the domain of the domestic actors evaluate apparently unlikely outcomes: involved in the institutional design it is better to answer questions while process. The designer can then move change is being promoted than in the on to the options available and their middle of a crisis later! likely consequences and the process of consultation and debate that will precede the adoption of a new electoral system A careful and inclusive (box 3 provides a checklist). process: selecting and Box 2: Ten criteria for the prioritizing criteria electoral system designer to take into account There is much to be learned from the experience of others. But it is important 1. Providing representation to realize that a given electoral system Representation may take at will not necessarily work in the same least four forms. way in different countries. Although • First, geographical there are some common experiences in representation implies that each different regions of the world, the effects electoral district has members of a particular type of electoral system of the legislature whom it depend to a great extent on factors such chooses and who are ultimately as how a society is structured in terms accountable to their area. of ideological, religious, ethnic, racial, • Second, the ideological regional, linguistic or class divisions; and divisions within society may be whether the country is an established represented in the legislature. democracy, a transitional democracy or • Third, a legislature may be a new democracy. representative of the party- political situation even if For this reason the would-be electoral political parties do not have an system designer is recommended to ideological base. begin with the criteria for choice. The • Fourth, descriptive ten criteria outlined in box 2 cover many representation considers that areas, but the list is not exhaustive and the legislature should be to the reader may add a host of equally

4 International IDEA | December 2014 some degree a ‘mirror of the and the political framework nation’. Thus, it would include does not allow the opposition both men and women, the to feel that they have the chance young and the old, the wealthy to win next time around, losers and the poor, and reflect the may feel compelled to work different religious affiliations, outside the system, using non- linguistic communities and democratic, confrontationalist ethnic groups within a society. and even violent tactics.

2. Making elections accessible 4. Facilitating stable and and meaningful efficient government The ‘ease of voting’ is Different electoral systems determined by factors such as have marked implications for how complex the ballot paper governance in parliamentary is, how easy it is for the voter to systems. In particular, there get to a polling place, how up- is an inbuilt tension between to-date the electoral register is, electoral systems which and how confident the voters maximize the potential for will be that their ballot is secret. one-party government (e.g. Voters should feel that elections plurality/majority systems) and provide them with a measure those which make multiparty of influence over governments coalitions more likely (e.g. and government policy. They proportional systems). Both should also feel confident constellations have clear that their vote has a genuine policy impacts: single-party impact on the formation of the government makes decisive government, not just on the policy making and clarity of composition of the legislature. responsibility much easier, while coalitions are more likely 3. Providing incentives for to produce more representative conciliation policies and more inclusive Different electoral systems can decision making. aggravate or moderate tension and conflict in a society. Some 5. Holding the government systems, in some circumstances, accountable will encourage parties to Accountability is one of the make inclusive appeals for bedrocks of representative support outside their own government. Its absence may core support base. But they indeed lead to long-term can also exacerbate negative instability. An accountable tendencies which already exist, political system is one in which for example, by encouraging the government is responsible parties to see elections as ‘zero- to the voters to the highest sum’ contests and thus to act degree possible. Voters should in a hostile and exclusionary be able to influence the shape manner to anyone outside their of the government, either by home group. And if an electoral altering the coalition of parties system is not considered fair in power or by throwing out of

5 The Importance of Process in Electoral System Reform: an Information Brief office a single party which has of the executive, safeguard failed to deliver. minority rights, and represent its constituents effectively. 6. Holding individual Opposition groupings should representatives accountable have enough representatives Different kinds of electoral to be effective (assuming system also result in different that their performance at the relationships between ballot box warrants it) and in individual candidates and their a parliamentary system should supporters. In general, systems be able to present a realistic which make use of single- alternative to the current member electoral districts, government. such as most plurality/majority systems, are seen as encouraging 9. Making the election individual candidates to see process sustainable themselves as the delegates of Any choice of electoral particular geographical areas system has a wide range of and beholden to the interests administrative consequences, of their local electorate. By such as the drawing of electoral contrast, systems which use boundaries, the registration large multi-member districts, of voters, the design and such as most PR systems, production of ballot papers, are more likely to deliver voter education and the count. representatives whose primary The stresses which any electoral loyalty lies with their party on system places on a country’s national issues. administrative capacity will be determined primarily by 7. Encouraging political history, context, experience parties and resources. But different The desire to maximize voter electoral systems give rise influence should be balanced to different administrative against the need to encourage complexities and costs that are coherent and viable political important for their legitimacy parties. There is widespread and long-term sustainability. agreement among political This does not, however, mean scientists that broadly-based, that the most straightforward coherent political parties are and least expensive system is among the most important always the best choice. factors in promoting effective and sustainable democracy. 10. Taking into account ‘international standards’ 8. Encouraging legislative Finally, the design of electoral opposition and oversight systems today takes place The electoral system should help in the context of a number ensure the presence of a viable of international covenants, opposition grouping which treaties and other kinds of can critically assess legislation, legal instruments that set question the performance standards for the principles of

6 International IDEA | December 2014 free, fair and periodic elections Electoral systems: some that guarantee universal adult suffrage, the secrecy of of the options the ballot and freedom from coercion, and a commitment to Once a decision has been made about the principle of one person, one the important goals to be achieved—and vote. There is also an increasing the important pitfalls to be avoided— recognition of the importance in a new electoral system, there are a of issues that are affected by group of electoral system design tools electoral systems, such as the which can be used to help achieve these fair representation and rights of goals. They include, among others, all citizens, including women, electoral system family and type, district minorities, the disabled, and so magnitude, the relative role of political on. parties and candidates, the timing and synchronization of elections, and quotas Box 3: A design checklist and other special provisions. These tools will work differently in different combinations and their effect will also Is the system clear and depend on other institutional framework comprehensible? tools, such as the requirements for Has context been taken into registration and management of political account? parties and the role of instruments Is the system appropriate for of direct democracy—referendums, the time? citizens’ initiatives, and recall. Are the mechanisms for future reform clear? There are countless electoral system Does the system avoid variations but essentially they can be underestimating the electorate? divided into 12 main systems, the majority Is the system as inclusive as of which fall into three broad families: possible? plurality/majority systems, proportional Was the design process systems, and mixed systems (see figure 1). perceived to be legitimate? The most common way to look at electoral Will the election results be systems is to group them according to seen as legitimate? how closely they translate national votes Are unusual contingencies won into legislative seats won, that is, how taken into account? proportional they are. The distinguishing Is the system financially and feature of plurality/majority systems is that administratively sustainable? they usually use single-member districts. Will the voters feel powerful? In a First Past The Post-system (FPTP) the Is a competitive party system winner is the candidate with the most votes encouraged? but not necessarily an absolute majority of Does the system fit into the votes. a holistic constitutional framework? The rationale underpinning all Will the system help to Proportional Representation-systems alleviate conflict rather than (PR) is to consciously reduce the disparity exacerbate it? between a party’s share of the national vote and its share of the parliamentary

7 The Importance of Process in Electoral System Reform: an Information Brief seats. Mixed systems use elements of Having discussed the process of change both plurality/majority and PR systems. in some depth, a word of caution is Finally, there are three systems do not needed. Because electoral systems have fit neatly under any one of the above- psychological as well as mechanical mentioned categories. effects, the long-term effect of changes may take some time to work through (see figure 2). The mechanical impact Designing an electoral is most apparent in the way different electoral systems tend to encourage system is not the end different kinds of party system. Plurality/ majority systems often tend to have a A process of change is complete constraining effect on party numbers, only with intensive voter education while proportional systems tend to be programmes to explain to all participants more ‘permissive’, resulting in a greater how the new system works and with the diversity of parties. The psychological design and agreement of user-friendly impact of electoral systems reinforces implementing regulations. The most this mechanical effect: under FPTP effective voter education—and election rules, voters who wish to support a minor administrator education—takes time. party are often faced with a dilemma as However, time is often in short supply to how best to avoid ‘wasting’ their vote, to an electoral management body (e.g. as only one candidate can be elected the Union Election Commission in from any single-member district. Parties, Myanmar) organizing an election under candidates and voters may take two a new system. All good negotiators use or three elections to fully observe and time pressure before a final agreement respond to the effects and incentives of is reached, and this is particularly true particular changes. when the new system is the product of hard negotiation between political Judgement may be necessary as to actors. whether problems in a new or amended

Figure 1: The Electoral System Families

The Electoral System Families

Plurality/Majority Mixed Proportional Other Representation LV BC AV BV TRS PBV STV FPTP MMP SNTV LIST PR LIST (Block Vote) (Block PARALLER (Limited Vote) (Borda Count) (Borda (Parallel System) (Parallel (Party Vote) Block (Party Vote) (Alternative (First Past The Post) The Past (First (Two-Round System) (Two-Round (Single Transferable Vote) Transferable (Single (Single Non-Transferable Vote) (Single Non-Transferable (Mixed Member Proportional) Member (Mixed

8 International IDEA | December 2014 electoral system are merely transitional At a time of change, however, it may or whether they show that the system be unwise to assume that it will be easy is fundamentally flawed and requires to gain acceptance later to fix problems urgent amendment or replacement. All which arise. electoral systems create winners and losers, and therefore vested interests. The new International IDEA Handbook When a system is already in place, these on Electoral System Design does not are part of the political environment. necessarily advocate wholesale changes

Figure 2: The Effects of an Electoral System

Design ballot FPTP most Some systems papers and expensive. List PR Drawing easier than the count Least expensive boundaries oyhers

A continuum of complexity and expense and time Administrative Has an impact on voter Registration E.g. 'Two education of voters Number and timing Rounds' one of of elections the most expensive system as it means A continuum Electoral conduction 2 of complexity elections and expense System and time Behaviour of voters and political parties Political

Macro Micro level level

Nation's entire proportionality of Psychological and political system and groups represented in mechanical effects democratic stability society

9 The Importance of Process in Electoral System Reform: an Information Brief to existing electoral systems; in fact, existing system which work well, is the comparative experience of electoral often a better option than jumping to a reform to date suggests that moderate completely new and unfamiliar system. reform, building on those parts of an