Peter Shirtcliffe is furious (audio), and well he might be, because the government’s plans for electoral reform are eminently sensible, subject to wide bipartisan support, and most critically, not at all hasty. This is electoral reform done right: for change, a majority of voters must reject the status quo system outright at two consecutive general elections, with plenty of time for reflection, consultation and campaigning before each.

Shirtcliffe’s proposal for a one-off vote on which electoral system to use at the 2011 election makes only one concession from his holy grail of government decisiveness: he thinks it should be preferential. His scheme aims to deliver that grail to his beloved National party wholesale and for good, by springing fundamental constitutional change upon the NZ electorate with less than two years’ notice and discussion, with no societal safety net, no cooling-off period, no opportunity for reflection. It would turn the time between now and the 2011 general election into an all-out propaganda war for the future of democracy in New Zealand, a war in which the National government and its allies hold all the strategic ground: unprecedented popular support and an opposition at its nadir; confused and rebranding environmental and social justice movements; the recent memory of an unpopular and dysfunctional government which represented all that people thought was wrong with MMP; a political environment in which many people will simply vote for what That Nice Man John Key recommends; and an anti-MMP lobby which is practiced, prepared and very well-resourced. Shirtcliffe’s careful circumspection — refusal to express opinions on such matters as what system should be adopted, and how campaign funding should be managed — and flattery of the plebiscite (”we’ve got an intelligent electorate out there”) seeks to hide this behind a high-handed neutrality of purpose, masking the fact that the process he advocates yields his own cause very great advantages.

Shirtcliffe’s decisiveness imperative insists that the winner must take all, in elections and in constitutional reform as in heavyweight boxing: a few ceremonial minutes in an enclosed space which determine who is the winner and who is the loser, and all that happens in between bouts is meaningless hype. It is not a democratic model, it is not a consultative model, it is not a model which gives adequate consideration to the views and opinions of the electorate at large; far from respecting electors as intelligent and capable actors, it reduces politics for the individual voter to a single, somewhat inconvenient event which happens once every three years, or in the case of something as important as changing the electoral system, once every generation or so if we’re very fortunate. Fortunately for New Zealand, and indeed to the great credit of the National party, he has been denied. The proposed framework should yield a legitimate and durable result, and one which should be supported even by those whose preferred option is not selected.

There’s much which could go awry yet, but this framework is as good as we could hope for. Idiot/Savant’s assertion that “if we want to protect MMP, its not enough simply to vote for no change in 2011 – we also have to chuck out National, just to be on the safe side” seems a little overwrought — National under Key has taken to MMP like a duck to water, learning to play both ends against the middle in a way the Clark government never did. And although there have been some recent cat-herding problems to do with keeping errant ministers in line, and around the rugby world cup, I can’t see a desire to return to the bad old days of one party rule. I do think National will campaign hard for SM as an it’s-the-same-really-only-better option, and this provides Labour and the Greens a good opportunity to differentiate itself — by pushing for MMP-as-it-is-now, or MMP-with-some-changes; although it must be said Labour aren’t behaving much like MMP-aware political actors these days. A larger threat from the National party, I believe, is the possibility of rolling the abolition of Māori seats into the new electoral system, or choosing to support an electoral system in a second referendum which (they may claim) renders the seats obsolete. This will be a strong wedge, and will enable National to frame the debate in terms beneficial to its own interests.

I await the further propagandisation of electoral systems with interest. Meanwhile, I/S’s conclusion is unarguable: “we need to make it clear to both parties: our democracy is non-negotiable.” And I’m still interested in peoples’ responses to the question: what kind of electoral system do we actually want?

L

I wrote most of this before DPF’s post on the threshold, including his link to Chris Bishop’s handy paper on representation and stability went up, so read that first. In fact, you’d also do very well to look over BK Drinkwater’s series comparing electoral systems: noise, wastage, proportionality, and a critique of some critiques of SM, although note that the SM numbers assume a 70-50 electorate-list split as per our MMP system at present. This is good from an apples-apples perspective, even if it’s not an option that’s actually on the table. I also wrote it before my more-recent post on the topic, for which some people have begun offering their preferred electoral modifications. Wonderful!

Much like the subtext to the s59 referendum question was ‘do you like the anti-smacking bill?’, the question above lurks behind the forthcoming debate on MMP, for which the troops are currently massing.

The likeliest contender, in my view, is the retention of MMP as we have it now, with a 5% threshold and a 70-50 split. Other less-likely contenders, again in my view, are as follows:

• STV, as employed in some local body elections and for the Australian Senate.
• SM, as apparently favoured by National and employed in the Republic of Korea.

Note that FPP isn’t in this list. I don’t think NZ would go back. Modified MMP also isn’t in the list; not that I think it isn’t a credible contender, just that the way the process is structured (referendum: MMP yes/no; if no, referendum on alternate systems) doesn’t seem likely to permit it. There are lots of other peripheral options, such as open list; run-off or instant run-off; or any number of other possibilities. Feel free to argue your corner.

But what sort of system do people actually want? As I see it, within a centralised democratic structure such as we have, relevant factors include the following:

• Transparency. Results in transparent electoral systems are clear and obvious; how a particular candidate, party or government was elected is reasonably self-evident. FPP is very transparent. STV is very opaque.
• Simplicity. Simple systems are easy for people whose political engagement stretches to ticking a box or two every three years to understand. Again; FPP is very simple, STV is not at all.
• Proportionality. Proportional systems elect candidates from parties according to the party’s share of the vote. FPP is not proportional at all. STV is often claimed to be proportional, but it’s really fauxportional, often producing results which seem proportional but were arrived at by non-proportional means. Open list is (in principle) perfectly proportional. Thresholds in proportional systems and the number of electorates in mixed systems are also relevant to this question.
• Representativeness. Similar but orthogonal to proportionality, a representative system contains mechanisms to guarantee certain segments of the electorate representation. This is a complex notion; geographical electorates are such a representative measure, ensuring that people from the geographical margins are represented, when a non-geographically-determined system (such as purely proportional open list) might marginalise them. Reserve seats for tangata whenua or other groups are another such form of representativeness.
• Low wastage/regret. Conventional wisdom is that the prospect of a wasted vote depresses turnout (or changes behaviour) among voters who believe their vote might be wasted, which is a self-perpetuating cycle. This is most evident in FPP, but is also present in proportional systems to an extent, due to the effects of a threshold.
• Decisiveness. Decisive systems produce strong, stable executive governments with few constraints on their power. FPP, except in the rare case of a hung parliament being elected, is decisive, while proportional systems which elect a number of parties and rely on coalitions are less decisive.
• Small size. Self-explanatory. Any system can be made large or small, but this frequently has huge impacts on other factors.
• Durability. Durable systems are not prone to future governments tinkering with, amending or replacing them. FPP was extremely durable. MMP has proven fairly durable. This is a meta-factor, in a sense; it seems like anyone valuing this factor highly should lobby for one of the less-extreme systems; a second-best choice, rather than a perfectly proportional system or a highly decisive system, since ‘pretty good’ is less likely to be overturned.

In principle, the relative importance a person assigns to of each of these factors should point to that person’s ideal electoral system. Could be programmed into a handy poll in the leadup to the referendum; in fact, I bet it already has been, I just haven’t found it.

There are other relevant electoral changes, as well. Here are a few; please add your own:

• Size of parliament and division of seats. Yeah, I listed it above – what I’m referring to here is the electorate-list split in mixed systems; the North/South island and rural/urban splits, that sort of thing. Also the vexed question: how many MPs overall?
• Allocation of seats. Historically, the One True Way in NZ was for seats to be allocated along population-geographic lines. Nowadays it’s a mix of population-geographic and party allegiance. But what other means of allocating seats are there? What would happen if seats were allocated according to social class? Income? Level of education? Ethnicity? Religion? The history of democracy contains precedent for all these things in one way or another.
• Decentralisation. Federation of micro-states? Balance of central and local government power? How does one dismantle centralised democracy using democratic mechanisms?
• Electoral term and other constitutional institutions. Our three-year term is quite short, and there are few checks on the executive ability of governments – as long as they have a parliamentary majority, there’s little they can’t (and won’t) do. Do we need a second chamber? A longer term? Should one go along with the other?
• Referenda and non-electoral plebiscites. What should their status be? Other representative mechanisms, such as citizens’ juries?
• The big one. What difference would becoming a republic make anyhow? A better question: if people knew that NZ would become a republic in the near future, how might their electoral preferences change?

Please, answer the question. What do you actually want in an electoral system, and why? And more than that — what do you want, and what do you think is (even remotely) plausible?

L

Update: Scott Yorke has a few choice words on the topic, as well.

Two topics in this post, because I don’t have time to fully develop them.

First, John Key must not ignore the anti-smacking referendum. Although the question was leading, the result was decisive and will embolden people like the Copeland/Baldock/McCoskrie axis of evil to drive the stake deeper into the heart of NZ’s traditional social liberalism. Tinkering with guidelines won’t mollify them, and won’t stop the electorate from listening to them because it doesn’t address the substantive point about the status of a light smack in law. What will do that is the Borrows Amendment. With a view to neutralising further attacks on the discipline legislation, I think the government should adopt and pass the Borrows Amendment with due haste, and put the issue to bed (without its dinner). It’s a mutual-second-best solution, whereas the repeal as passed in 2007 was not and will not endure.

Second, Rodney Hide’s position on the Auckland mana whenua seats is consistent and his behaviour is responsible. The (proposed) mana whenua seats in the Auckland case aren’t the same as the Māori electoral seats – they’re appointed, not elected, and this gives him separate grounds to oppose them. It is not inconsistent that he favours entrenching Māori electoral seats if they exist, but not of implementing any more such seats, and not implementing any seats which aren’t elected. He’s being responsible in clearly signaling his intentions in a fairly measured way. He’s not trying to exercise any more power than he has, but simply saying ‘my resignation will be a cost of making this decision, just so you know’ and requiring John Key to consider whether that cost is worth it. In addition, he’s working with Pita Sharples on the issue rather than taking a reflexively oppositional approach. Finally, this is strengthening his core political brand. It’s smart politics all around because whether he gets his way or not, he comes out of this looking good.

Update: A third thing – eternal guest-poster r0b at The Standard continues to go from strength to strength.

L

It is rare in NZ that we get a chance to participate simply because people campaigned for that chance, and this referendum is one of those chances. 300,000 people signed a petition and hundreds of people carried those petitions around, arranged for people to sign them, and for them to be returned, counted and presented to Parliament.

I don’t agree with their opinion about smacking, but I agree with their attitude to democracy and participation.

So this is your chance. If you haven’t voted in the referendum yet, do it now! Votes  posted on Thursday (early enough for collection) will be counted.

It is a sunny Wellington spring day; I walked past crocuses and the beginning of daffodils to get my ballot paper, and past trees starting to show their spring growth to post it.

I voted yes because I believe smacking children is wrong.

I voted yes because I want to reaffirm that the Christian right do not speak for me. Many many (many) Christians in New Zealand believe, as I do, that smacking is wrong.

I voted yes because countless people gained the signatures of 300,000 voters to give me the opportunity to say out loud what I believe.

I voted yes because I want to live in a country where children are hugged, held, comforted, and raised to be non-violent adults.

I voted yes because I love.

The question being asked in this year’s referendum is “Should a smack as part of good parental correction be a criminal offence in New Zealand?”

This question is deliberately phrased to lead one to vote no because of the phrase “as part of good parental correction.” However most studies have shown that a smack cannot be part of good parental correction because it does not work and in many cases can lead to child abuse.

Some people have got the idea into their heads that by not voting people will listen to them. This is absurd and anybody who supports protecting children from assault should be voting YES in this referendum.

A YES VOTE supports the equal rights of children to be protected from assault under law.
A YES VOTE supports a law which was passed with the support of 113 MPs out of 121.
A YES VOTE is supported by Plunket, Barnardos, Unicef, Save the Children, Women’s Refuge, Epoch New Zealand and over 70 other NGOs.

Some have said that the current law has criminalised good parents who smack their children. However reality gets in the way of this argument since no parent has been prosecuted for smacking a child. This is because police have the power to exercise discretion in cases where prosecution is not in the public interest.

It should be a criminal offence to smack a child because any attempt to define an acceptable level of violence against a child leaves the law open to abuse, as occurred when “reasonable force” was still a legal defence in a case of child abuse.

Finally some have said that it is necessary to use force to prevent a child from being harmed. However the current law provides for the use of reasonable force to prevent a child being harmed, harming others or harming property.

I’m VOTING YES
for the equal rights of New Zealand children to be protected from assault.

For more info check out www.youtube.com/headlessrd
or http://yesvote.org.nz

James Barber

Broadly speaking the task of a propaganda campaign, or of political speech in general, is to pose a monosemic question or scenario – one which a reasonable person from within the target audience group can only read or answer in one way. This often relies on loading one’s text with as much implicit context as possible so as to avoid the possibility of part (or all) of your audience misreading it; shipping with instructions, as it were. In a strategic sense, it is not the text itself which is the payload – the frame and its implied norms enable the propagandist to construct (manufacture) the audience’s consent for their preferred reading of the wider text.

Returning to the s59 referendum question, it is a fair and credible attempt at freighting a question with an implicit value judgement which renders the answer obvious if the question is read naïvely. But it goes too far; reasonable people don’t need to try very hard to see the payload, which is the implication that (a) a smack can be part of good parental correction and (b) such a smack is a criminal offence. In a successful propaganda campaign of this nature, the textual agenda is more obvious and the contextual agenda less so, and the referendum’s supporters have been working very hard to try to shut down contrary readings of their campaign in order to de-emphasise the frame and context, and emphasise the naïve text. They’ve failed in this, but it is instructive nevertheless, and that isn’t to say they haven’t achieved any of their objectives. The problem is that the referendum question and campaign is essentially preaching to the choir – it makes sense to a conservative segment of the population who care a lot about this issue and are riled up by the constraint on their “freedom” to smack, and it speaks to them because they already accept its premises. But it isn’t much use as a polemic device because, for those who don’t accept its premises, it just looks like a stupid question. This is the problem with developing political strategy in an echo-chamber – just because you believe your own hype doesn’t mean everyone does. To pervert Schneier’s Law: anyone can design a political campaign so clever that he or she can’t imagine why anyone wouldn’t agree with it. This feeds back into my ongoing critique of the state of Labour politics: toward the end they believed their own hype, in much the same way as the AAS lobby believes theirs.

Campaigns which employ symbolic or propaganda methods, whether for beneficial purposes or not, are ultimately about social control. A society which responds uniformly and predictably is, all else equal, easier to control than a diverse society, so a great deal of effort is put into the crafting of messages, delivery systems, textual and contextual input to a society which will generate predictable output. Public campaigns, to be successful, require their audience to share strong agreement about interpretation and common understanding of context for their payload to be effective. Robbed of context and freighted assumptions, even something as apparently intuitive, important and uncontroversial as a FEMA public readiness campaign can be highly puzzling and confusing if read naïvely.

Edit: And sometimes, when the context seems obvious, it’s not:

Get the context at BAGnewsNotes or YouTube. If you read the video right, he’s being a gent, not a cad.

L

Make your own!

(Thanks to Naly D).

L

Your s59 referendum decision-making flow-chart is a thing of beauty.

L

… is that they tend to beget stupid answers. Or at least unexpected answers.

Via James at Editing Teh Herald, it seems the UK’s Daily Mail (whose egregious abuses of truth and decency are legend) has gotten bit by this simple truth, with an online poll receiving a response 96% in the affirmative to the question “Should the NHS allow gipsies to jump the queue?” The Daily Mail, bless ‘em, wouldn’t stand for this and it now shows 100% in the negative.

Now, I’m not saying that the s59 poll is that insultingly loaded, and obviously we can’t use twitter to vote in referenda, but groups like The Yes Vote are counting on people being similarly insulted by the dishonest and misleading question that they’ll consider how the framers clearly want people to vote and vote the reverse in order to demonstrate that they don’t appreciate being treated like democratic cattle to be herded in the direction the lobby wants.

So here’s another meaningless poll: have the AAS lobby over-egged their question?

L