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

Volume II, Number 2 "Making Your Vote Count" April-May 1994

South Africa to Use PR for Elections All Sides Reject Winner-take-all for First All-Race Elections

1994's most historic election will Four years ago there was little reason take place April 27-28 in South Africa. to believe South Africa would adopt PR. EDITORIAL: Free U.S. Andrew Reynolds, CV&D member and The whites-only parliament was elected author of Voting for a New South by the U.S.-style "First-Past-the-Past" Voters from Winner- Africa, will observe the election and (FPP) electoral system, while the ANC, Take-All Elections! here provides the following overview. in a powerful bargaining position, was As the North Carolina Shaw trial After four years of hard bargaining seen to be advantaged if FPP were puts a spotlight on redistricting and nearly four hundred years of ethnic maintained. With white majorities in practices, it is increasingly clear that conflict, South Africans are looking only five magisterial districts out of the only fair way to enforce voting forward to celebrating democracy with hundreds, the ANC with FPP probably rights for all voters is to reject their first all-race elections in April. could have turned 50-60% of the popular winner-take-all voting, to reject These elections for the Constitutional vote into 70-80% of parliamentary seats. single-member districts and to adopt Assembly and Interim Parliament are to But the ANC did not opt for FPP forms of proportional representation. be held under a "closed" party list form because it realized that distortions A democracy is hardly credible if of proportional representation (PR) coming with it would be fundamentally it deprives significant portions of its system. Half (200) of the parliamentary destabilizing in the long run for both population from a realistic chance to seats will be filled by candidates elected minority and majority interests. Today, elect candidates they want. It is from nine regional lists, while the other all major South African political parties hardly credible if legislators choose 200 seats will be filled from national support the principle of PR. their constituents before constituents party lists. PR also has been agreed upon can choose their legislators. Yet that as the best electoral system for future "The ANC did not opt for first-past- is what happens in our "democratic" local and municipal elections, although the-post because it realized that the elections for Congress across the the specifics are still to be negotiated. distortions coming with it would be United States. Early drafts of the electoral law set destabilizing in the long run for both Well over half of congressional the threshold for winning seats at 5% of minority and majority interests." races in 1992 -- the year after the national vote, but in a recent redistricting -- were won by over concession to the smaller parties, the There are some problems with the 60%. Campaign finance reform and ANC and South African government closed list PR that will be used. First, it term limits won't change the fact that dropped this threshold to just 0.5%. can lessen accountability between most districts in the U.S. are rigged Those parties with 5% will be entitled to representatives and their constituencies, from the start for one or the other of portfolios in the first "cabinet of national as voters will choose among parties, not the major parties. unity" designed to include all important candidates. Second, the large size of Barely one-third of American factions in the country's governance. constituencies will lose the benefits of a adults will participate in elections South Africa's adoption of PR is an degree of geographic representation. this fall despite their clear desire for important confirmation of the argument Designing smaller constituencies and change. A large majority of seats that PR systems help mitigate conflict allowing for an "open" list (like Finland, again will be won by landslides. and create a sense of national for example) would mitigate these To be blunt, congressional inclusiveness among all groups in problems and still maintain the basic elections have become a sham. To divided societies -- in contrast to principle of proportionality. Such issues revitalize our democracy, Congress winner-take-all electoral systems that are up for debate over the next five years, should repeal the 1967 statute encourage conflictual politics and when the Constitutional Assembly will requiring single-member House accentuate the already damaging ethnic draw up the permanent constitution. districts, and states should adopt PR divisions of a pluralistic society. (continued on page 4) for their congressional elections.

Voting and Democracy Review April-May 1994 Page 1 "Making your vote count" President's Message. . .

The Center for Voting and From time to time, CV&D President our future. I believe we are now poised Democracy (CV&D) is a tax-exempt Matthew Cossolotto will write a message to have a major impact on the ongoing educational organization that serves as a on organizational developments and debate about reforming American national clearinghouse on proportional directions. Matthew is a corporate democracy. The public obviously wants representation and other democratic executive and author of the forthcoming change. Unfortunately, the media and alte rnatives to the winner - take - all Almanac of European Politics. various public interest organizations voting systems that currently are used With so much happening in the past have not even begun to inform the public in most United States elections. year, it's worthwhile for us to put where about democratic voting systems. That's Voting and Democracy Review is CV&D is today into perspective. Just where CV&D comes in. published bi - monthly. CV&D members think for a moment about how far we've Our job over the next few years is to receive the Review for free; come since 1992. We have: promote real democracy by educating subscriptions are $15. All rights • Secured ongoing, pro bono legal more and more segments of our reserved. No part of the Review may be assistance from one of 's top population. The question is how best to reproduced or transmitted by any means without prior written permission from law firms, Wilmer, Cutler, Pickering. achieve that goal. It seems to me that CV&D: 6905 Fifth St. NW, Suite 200, • Incorporated in Washington, D.C. three areas should be top priorities: Washington, DC 20012 (202) 882 - 7378. and gained IRS recognition as a • First, seeking establishment of 501(c)(3), tax-exempt organization. commissions at all levels of government CV&D Board of Directors • Attracted an impressive core group to examine voting system alternatives Matthew Cossolotto (President) of Board and Advisory Board members and other potential electoral reforms. Author, Almanac of European Poli tics Cynthia Terrell (Vice-President) from around the country -- people like • Second, providing states and Campaign consultant (DC) John Anderson, Roxanne Qualls, localities with timely, targeted Howard Fain (Secretary) Hendrik Hertzberg and Eleanor Smeal. educational and technical resources to Staff representative, AFSCME (MA) help resolve voting rights cases. David Lampe: (Treasurer) • Created annual Champion of • Third, developing a definitive Editor, National Civic Review (CO) Democracy awards to recognize the history of voting and democracy in the Carolyn Campbell pioneering pro-democracy leadership of United States, from our colonial City council aide/Green Party leader (AZ) Dolores Huerta international and national figures such as beginnings to the present. Vice - president, United Farm Workers (CA) Lani Guinier and the United Kingdom's Given continuing voter unrest, Peter Nickitas Paddy Ashdown and Raymond Plant. battles over redistricting and difficulties Attorney, Duluth (MN) • Built a grassroots network of with governance, Congress, state Roxanne Qualls supporters who have worked with local legislatures, the courts and local Mayor of Cincinnati (OH) community and political leaders around communities must confront issues of Wilma Rule Adjunct professor, U. Nevada-Reno (CA) the country on voting system issues meaningful political reform and James Skillen • Held two national conferences, one representational equity. CV&D's Exec. director, Ctr. for Public Justice (MD) of which received C-SPAN coverage. mission is to broaden the reform debate Marian Spencer • Established contacts in the beyond understandable -- but largely Former Cincinnati vice - mayor (OH) foundation community, effectively laying symptomatic -- issues like motor-voter Edward Still the groundwork for securing funding for registration, term limits and campaign Voting Rights Act attorney (AL) a range of proposed projects. finance reform to what I believe is the CV&D Advisory Board • Issued Voting and Democracy single most important factor at the root John Anderson (National Chair) Report: 1993, a landmark document that of so many of our democratic ills: our Former Member of Congress provides a unique overview of the year's antiquated, "first-place-takes-all" voting Douglas Amy Kathleen Barber remarkable elections and reforms. system that routinely fails to translate Theodore Berry John Brittain In all these accomplishments -- and votes into representation and political Martha Burk Eugene Eidenberg much more -- we have benefitted greatly power. James Elwood Jack Gargan from the dedicated work of our National Hendrik Hertzberg Mel King With your continued support -- and Arthur Kinoy Arend Lijphart Director Rob Richie, our Board of here I would make a plea for increased Michael Lind Manning Marable Directors and local activists like Jim contributions and fundraising ideas and Michael Shuman Eleanor Smeal Lindsay, Steve Hill, Mark Lewis and Lee contacts -- I believe CV&D will have a Maureen Smith Sam Smith Mortimer, to name just a few. profoundly positive effect on our Bobbie Sterne Velma Veloria Tyrone Yates Joseph Zimmerman The most important point is this: evolution toward a more competitive, CV&D is making a difference! And I open and representative democracy. CV&D National Director think we should all be very proud of Matthew Cossolotto Robert Richie what we have accomplished thus far. We should also be confident about

Voting and Democracy Review April-May 1994 Page 2 "Making your vote count"

Voting System Reform Update Ø CV&D receives contract from City Ø Nassau County Charter commission Notable Quotes of Cambridge: Cambridge has allocated considers PR: Last fall a Nassau County $5,000 to CV&D to study computerizing (NY) charter commission heard about "[It is a] fundamental principle of the preference voting count. 1991 PR in testimony from CV&D member our representative democracy that election ballots will be tested on a Don Shaffer, then invited national the people should choose whom they CV&D Technology Committee program. director Rob Richie to testify. The please to govern them, and that this Ø Staten Island commission calls for commission has settled on a single- principle is undermined as much by cumulative voting: The Staten Island member district system, but interest in limiting whom the people can select Charter Commission recently submitted PR remains strong, particularly among as by limiting the franchis e itself. " a bill to the state legislature Latinos and other dispersed minorities. Alexander Hamilton proposing creation of a 9-member Board of Education to be elected at-large by Ø El Salvador's March elections use "Race - conscious districting is cumulative voting. Staten Island is 20% PR nationally, winner-take-all locally: simply one expression of a larger African-American, Latino and Asian. Incomplete results from El Salvador's reality: winner - take - all districting. first post-civil war elections in March Both justify wasting votes with often Ø group works to put PR indicate that ballot fraud was more unstated assumptions about group plan on state ballot: The Michigan pronounced at a local level, where small characteristics of district voters...[In group People Achieving Legislative swings of votes in winner-take-all winne r - take - all districts] the district Power has launched an initiative drive elections could shift complete control boundaries and the incumbent for an electoral reform bill that would from one party to another. For national politicians define the interests of the establish a form of PR for a unicameral legislative elections, competing parties entire district constituency." legislature. PALP members have been on apparently won a fairer shares of seats. Lani Guinier radio programs and produced a video. June 1993 Law Review Ø Italy holds election with new semi- Ø Draft document for 1995 World PR system: Italy on March 27 used its " A mathematically equal vote Conference on Women highlights PR: new "mixed member" voting system for which is politically worthless Former Member of Congress Bella the first time. 75% of seats were to be because of g errymandering or Abzug chaired a session at a recent filled in "first-past-the-post" districts, winner - take - all districting is as United Nations women's conference to while 25% of seats were to be filled by deceiving as 'emperor's clothes.'" review a draft document on "Women in party list PR in a way designed to correct Robert Dixon, Jr., Democratic Decision-Making." The document now unfairness in district seats. Election Representation: Reapportionment calls for national, state and local predictions fluctuated wildly. in Law and Politics (1968) legislative bodies to adopt PR. Ø Ukraine's winner-take-all election " All Americans should have the Ø Congressman calls for cumulative raises concerns: Heading into a March freedom to vote for the candidate voting for farmer elections: Rep. Jay election, some observers of Ukraine's they want." Inslee (D-WA) in February proposed winner-take-all electoral process Feb. 21, 1994 editorial, N.Y. Times adoption of cumulative voting for county expressed concern about domination of committees that carry out local programs the winner-take-all, single-member seats " The Voting Rights Act was not of the U.S. Agriculture Department. by anti-reform leaders who were best intended to result in the political Inslee's proposal was defeated; it was organized to win close contests. segregation of minority voters into a raised in response to concerns over few districts, limiting their electoral under-representation of women and Ø Japan approves new electoral law: influence, unless absolutely minority farmers on the committees. In January Japan replaced its semi-PR, necessary to ensure the minority limited voting system for the lower house community an opportunity to Ø Guinier's book makes big splash: with another semi-PR system: one with participate in the political process Lani Guinier's new book Tyranny of the 276 members elected from single- and elect representatives of their Majority has resulted in a NY Times member districts and 224 separately by choice." [emphasis added] Magazine cover story and several party list PR. had 1992 Amici Curiae to Supreme appearances on national TV and radio. excellent articles that detailed the Court on behalf of several black She has expressed strong interest in ambivalent nature of the reform in legislators, including Mike Espy, adopting a PR plan in North Carolina. contrast to many media reports that Louis Stokes and Willie Brown supported the change without much understanding of its possible impact.

Voting and Democracy Review April-May 1994 Page 3 Voting and Democracy Review Non-profit Org. The Center for Voting and Democracy U.S. Postage 6905 Fifth Street NW, Suite 200 PAID Washington, DC 20012 Washington, DC Permit #5979

ADDRESS CORRECTION REQUESTED

"Making Your Vote Count"

SOUTH AFRICA USING PR (continued from page 1) constitution has been ratified, parties have adapted to the new realities and black South Africans finally have been Despite use of PR, the first non-racial South African able to test their skills in government._ elections will not be as "free and fair" as one would hope. Even if the Inkatha Freedom Party and the "white right" Ù Ù Ù Ù Ù Ù Ù Ù contest the elections -- still very much in question -- there may be sporadic incidents of violence and intimidation "DID I MISS AN ISSUE"???? where these parties are strong. The ANC has found it hard Don't worry! Our last newsletter, dated "January to campaign in certain areas, while the National and 1994," was in fact mailed in January, but did not reach Democratic Parties can only safely canvass in white, Asian many people until March. We've now decided to date the and so-called "coloured" communities. bi-monthly Voting and Democracy Review according to "shelf life" -- meaning dated for the two months after we Other problems may depress the black vote, such as mail it. Because this issue is being mailed in March, it is voters' fear of violence at the polls, their fear that ballots dated "April-May 1994." will not stay secret, widespread illiteracy and lethargy on Next issue, look for articles on elections in Italy, the part of the white government in issuing identity papers with proof of age and citizenship that are necessary for South Africa and Alamogordo (N.M.) -- and more! voter registration. The Voting and Democracy Index Despite such problems, it seems certain that the ANC will win by far the highest vote. Opinion polls are F Traditional definition of a landslide in political science unreliable, but the ANC's own private polling which puts literature: 60%. Number of members of the House of them at between 50%-55% is probably most accurate. Representatives who won landslides in 1992, a year of "voter Without Inkatha and the "white right" in the race, De revolt" and high number of "open" seats: 344. Klerk's National Party may get 25-30% of the popular vote, and the rest will be split among minor parties. Of these, only F Percentage of electorate who want a new congressional the more radical Pan-Africanist Congress and liberal representative: 52%. Percent of House incumbents who lost Democratic Party may win the 5% necessary to win in 1992 after decennial redistricting: 8%. positions in the "cabinet of national unity." F Percent of Republicans elected in 22 races for Congress in The elections will be a cathartic event and evidence that West since 1982: 0%. Average percent of vote for liberal democracy can give hope to a people denied free Democratic presidential candidates since 1982: 48.3%. choice and free will. But at the same time, the next five F Percent of all voters in federal elections, 1988-1992, who years will be fraught with difficulties, alienation and cast votes for a majority (51) of current U.S. Senate: 10.2%. disappointment, and it will be the task of the newly elected government to slowly patch the wounds that apartheid F Percent of black North Carolinians who live in two black inflicted on South African society. The most interesting majority districts: 43%. Percent with realistic opportunity to election may be the next one, scheduled for 1999 after the elect candidates of choice in proposed PR plan: 90%.

Voting and Democracy Review April-May 1994 Page 4