The hazards of MMP

David Cunliffe’s apparently-rash pledge to scrap the coat-tail rule that permits a party with less than 5% of the party vote to bring in additional MPs as long as it wins an electorate within 100 days turns out to not be quite so bold: it looks as if they simply intend to introduce Iain Lees-Galloway’s member’s bill — currently before Parliament — enacting (most of) the recommendations of the Electoral Commission as government legislation. That isn’t bad. It initially seemed as if he intended to ram through just this one cherry-picked rule under urgency, and some of us overreacted to it. There are still problems with the plan, but they are more complex.

Anyway, the episode throws light upon a lot of the tradeoffs and subtleties inherent in MMP — the major one of which is whether proportionality or equity in the distribution of proportionality is more crucial.

What MMP is good for
MMP is a rather ugly, instrumental system for balancing the expressed wishes of fickle and often arbitrary voters with regard to an volatile and rather shallow pool of political talent against the need for stability. It is not a means by which to determine moral merit, as trial-by-political-combat FPP claims to be, and nor is it a route to the mutually-least-bad choice, as in STV and related systems. It is what it is.

What it is not is an elegant expression of noble political aims. I guess this is why traditionalists dislike it viscerally: it feels kinda shabby, but it works.

“Rorts” and electorate-level match-fixing
So with that last point in mind, Danyl has said it best: the game is the game. Its job is not to look nice, it’s to deliver representative parliaments. I don’t much like it, but the utility of the kind of strategy in play in Epsom is obvious, so fair enough — as I said before the 2011 election, “If the electorate won’t punish them for doing so they’d be rude not to.”

Two things to add. The first is that the electorate clearly isn’t inclined to punish the ACT and UnitedFuture parties, at least not locally, because in the solitude of a cardboard booth, orange marker in hand, self-interest tends to overcome ethical compunctions. But the appeal to such compunctions is still the only way to reduce the viability of the “rorts”, so it is natural that those opposed will try to jawbone those compunctions. Patrick Gower is leading the charge here — although he, too, has been consistent in his derangement about this topic since before the 2011 election.

Second, the agreement between the Internet and Mana parties where Hone Harawira’s seat in Te Tai Tokerau will, they hope, bring in Internet party votes and list MPs is emphatically not of the same type as Epsom and ÅŒhariu, where major parties throw the electorate to exploit the coat-tail rule. Nobody is throwing anything in Te Tai Tokerau — in fact, it seems likely to be one of the most strongly-contested electorates in the country, a fact which is causing conniptions in some quarters. While the electoral outcome will look similar to the undiscerning eye, the Internet MANA deal is different — smaller parties allying to overcome structural barriers to their participation in democracy. Not only is it not only not a rort, it is perfectly just and rational behaviour in the face of an iniquitous system.

Consensus and timing of law changes
In general there should be consensus in changes to electoral law. But I agree with Rob Salmond that “should” is not the same as “must” — the object is to be sure that changes will be generally popular, and will be durable, and in this case an independent commission and the deep consultation that occurred during and after the referendum strongly suggests that implementing the recommendations via the Lees-Galloway bill will be both those things.

But timing matters: now that Internet MANA has declared its hand and chosen to take advantage of the coat-tail rule in a similar way as ACT and UnitedFuture, it would be unjust to change the rule immediately before the election. Depending on how things play, it might still be unjust to change the rule without further consultation after the election, because it may be that people see in the Internet MANA a new way to challenge the entrenched parties (I plan on writing more about this if I get time). For this reason it is good that John Key has ruled out supporting the Lees-Galloway bill.

Proportionality versus equity
All that having been said, I favour scrapping the coat-tail rule. Even though, as Graeme Edgeler has explained, it increases proportionality rather than decreasing it, mitigating the effect of the 5% threshold that kept New Zealand First, with 4.07% of the party vote, out of Parliament in 2008. The trouble is that it increases proportionality selectively rather than equitably — that is, among minor parties who are willing and able to become the vassals of larger parties — as Gower said in 2011 “It’s finally official: John Key owns the ACT Party.” Proportionality in an instrumental system is not an intrinsic good that automatically trumps other considerations. Process does matter. But outcomes matter too.

Political clientism in an instrumental system is not so much morally or ethically wrong as it tends to degrade representativeness, and delivers huge benefits to the strongest parties — who have the ability to burn political capital to take advantage of these sorts of relationships — in ways other parties cannot. So while you get the appearance of more diverse representation, the effect is more that the liege party gets to offload political risk and responsibility to its vassals. The clearest case of the present government is the charter school policy that, had National passed it of its own volition, would have endangered Key’s moderate reputation. ACT’s presence in parliament — even without deputy leader Catherine Isaac, who was outrageously granted the sinecure implementing the charter schools plan — gave the government cover to implement policy they wanted, but which was too politically risky.

Self-interest dressed as principle
So to an extent the proposal from Labour is sour-grapery from a political middle power that is neither big enough to be able to benefit from the coat-tail rule, nor small enough to potentially need it. For all their posturing about the integrity of the system, I am sure they would use it if they could get away with it (as they did in Coromandel in 1999), but they can’t. They have no potential clients, so they have no need for the coat-tail rule. The Greens, secure above the threshold, don’t need them for this, and they (correctly, in my view) regard Internet MANA as too radical for such a relationship. The retreat to electorate nostalgia is also strategic positioning from a party that has seen the resentment that exists towards list MPs, and has pledged to re-take the provinces and rebuild its electorate network.

National’s refusal to implement the findings of the commission also come clearly down to self-interest. They are so far the major beneficiaries of the coat-tail provisions, having used their two vassal parties to good effect through both terms of their government.

Ultimately while both the major parties’ positions are self-interested, Labour comes closest to the right conclusion: that the iniquity of the coat-tail rule’s additional proportionality is a greater cost than the additional representation gained by it is worth. The best cure for the problem is to cut the party vote threshold — to 1/120th of the party vote, or a “full seat”, which would obviate the coat-tail rule. Scrapping the coat-tail rule is a rather distant second-best outcome, but doing that as well as cutting the threshold to 4% as recommended by the commission seems like the sort of compromise with which nobody will be totally happy, but which will endure.

Because functionality is what matters, not perfection.

L

Competing electoral insurgencies, in Epsom and beyond

In this post I argue that ACT’s apparent willingness to undermine the MMP system that has kept them alive isn’t so much a death wish as a wish to be welcomed back into the National party as a faction, rather than a stand-alone party; to ensure influence from within rather than relying on influence without. I wrote most of this late at night and cobbled it together from several pieces I’ve had banging around a while with some more recent stuff appended, so you have my apologies if it’s a bit disjointed.

Fairfax political journalists Andrea Vance & John Hartevelt have a pretty sharp piece up, calling the ACT-National deal in Epsom a shameless power grab. I wrote about this topic a few days ago. Their analysis is pretty good, particularly the argument that National may have difficulty compartmentalising future ACT scandals away from National, having taken such direct responsibility for shielding ACT from the rigours of electoral democracy. They also make the point that I and many others have made about the dual exploitation-illustration of MMP’s flaws:

Double dealing and horse-trading are nothing new in the battle for political survival. Perversely, as we head towards a referendum, this naked and shameless power grab undermines the very system ACT relies on for survival. The ultimate irony is that Brash wants it replaced with the supplementary member system that would probably vanquish his party.

MMP, and particularly exploitation of the free-rider rule, is what has kept ACT alive since the 2005 election, when the party’s support dipped to its record low of 1.5%. Supplementary Member is the system that Brash personally supports, and although there is no official preference, this is widely regarded as being the system most preferable to most National party members and the wider ACT party also. SM, as proposed with a 90-30 electorate-list split, would indeed be worse for ACT as an independent party, requiring it to get something like 3% 2% of the party vote to gain a list seat, even if it continued to win an electorate. Leaving aside for a moment whether this is likely or not (ACT did, in its heyday, poll well), that’s a considerable disadvantage because National would no longer have such a good reason to throw ACT an electorate seat lifeline. National’s doing so is apparently only tolerated by Epsom voters on the basis of the overall positive-sum value proposition made by John Banks: “vote for me, and I’ll bring five MPs with me on current polling”. You’d be a fool to turn that offer down. Reduce the premium to one MP and it suddenly becomes rather less appealing.

So on paper ACT supporting a non-MMP system looks like a turkey voting for an early Christmas. But I think the game goes deeper than that. ACT has in recent years abandoned its claims to being a classical liberal party, and is now basically a more hardline version of National’s dry petit-authoritarian conservatism, with a few casual nods to “freedom”, such as in alcohol policy. In recent months it has been colonised by the former right of the National party (Brash and Banks, most notably; also “National in Gumboots” Federated Farmers former president Don Nicolson). Both the former were until very recently long-standing National members whose tribal loyalty undoubtedly lies with that party. They see it as having strayed from its roots, and while they undoubtedly appreciate its newfound popularity with voters, they have repeatedly expressed strong concerns that the party has lost its way, and an intention to bring it back around by putting “reinforcing steel” into its governments (in the words of John Banks). Both, I think, would join National again in a heartbeat if National would have them, and would permit them any influence. An electoral system switch to SM makes that a more viable possibility, and brazenly exploiting both the two major flaws to which most people object in MMP — the threshold free-rider rule and the “back door” rule that lets a rejected candidate such as Don Brash back in on the list — sets up a reasonably strong case against MMP.

Supplementary Member has the worst features of both FPP and MMP. It has high noise (the variance between the makeup of the electorate’s votes and the makeup of the resultant parliament), delivers huge incumbency advantages to parties that hold many electorate seats (because there are more of them), severely marginalises smaller parties by reducing proportionality, and despite all this does not meaningfully solve the symbolic split between “legitimate” electorate-based MPs and those who ‘only’ come in on the list, nor the threshold, “back door” or “horse-trading” objections that most critics name as MMP’s worst flaws. (BK Drinkwater modeled FPP, MMP and SM against each other using election data since 1996, although bear in mind that for SM, these figures assume a 70-50 electorate-list split, which is considerably more proportionate than the 90-30 proposed).

National holds many more electorate seats than Labour, and has nearly always done so, even when its popular vote has been lower because its base of support is less concentrated in inner-city and suburban electorates. Any system of reapportioning electorates on the basis of population will continue to entrench this advantage. Under MMP, it is not a very significant advantage; under FPP and SM, however, it is. ACT’s electoral support, both in electorates and nationally, is very weak, largely because their policies are purposefully divisive, with the intent of galvanising a small proportion of “right thinking” voters against the mainstream. National’s strategy since 2006 has been to occupy the centre-ground and cannibalise Labour’s votes in a zero-sum fashion. This has been a strategy of necessity — the 2005 election demonstrated pretty categorically that divisive politics, no matter how much money you could throw at it, no matter how favourable the cultural terrain, or how good the propaganda, was not a winner for National in an MMP environment. The incumbency and electorate edvantage delivered by SM, however, would cushion them against voter discontent and permit a more hardline approach: one that included ACT as a faction within the National party, as it previously was. So under SM, ACT doesn’t need National to throw it a bone, and National doesn’t need to rort the system to extract electoral advantage: National under SM will enjoy sufficient advantage to simply absorb ACT and its policy programme, and its governments will be emboldened to enact divisive or unpopular aspects of that programme without the same fear of electoral blowback that now constrains it. ACT’s strategy is therefore an insurgency against National; one that may be permitted by National, contingent upon the adoption of a more beneficial electoral system.

A further comment on Labour’s response in Epsom is also warranted. Arthur (in comments to my post linked above) suggested that the best way to nix ACT in the 2011 election is for all Labour and Green voters to cast electorate votes for the National candidate, Paul Goldsmith, in the hope that this will send a signal to National voters who are unhappy with the horse-trading between ACT and National that it might be worth defecting. This is, in principle, a strong strategy, and it has been picked up by some Green supporters as well. But I think it’s the wrong strategy in this case, for five reasons. First, it’s a complex and counterintuitive strategy, and it’s extremely hard to get so many people (on both sides) to act against their own instincts like that. Second, the value proposition made by ACT (six for the price of one) is simply too good for a meaningful number of National voters to pass up. Third, it would require Labour to publicly endorse a National candidate, which would permit John Key to proclaim that “even the opposition supports the National party”. Fourth, the electorate demographics for Epsom don’t stack up: this electorate bleeds blue and even if a fair proportion of disgruntled Nat voters defected, I don’t think there would be enough Green and Labour voters to prevail. Fifth, it would require Labour to buy into the electoral-system rorting, making them no better than the National and ACT parties.

Labour looks like it will mount an ‘economic dry’ insurgency by standing David Parker in Epsom. This is a better strategy because it is vulnerable only to the objections two and four above (the positive-sum value proposition, and demographics). These will probably still mean that it is unsuccessful in terms of winning Labour the electorate and denying ACT parliamentary representation, but it also has the advantages of fighting the national and ACT parties on their own turf — economic responsibility — and in demonstrating that even when they’re down, Labour fights fair and respects the integrity of the electoral system. Most crucially, however, whatever strategy is adopted by the left in Epsom must be coordinated. The two proposed strategies (vote Goldsmith and vote Parker) are contradictory: one must be abandoned, and soon, in favour of the other. Because if the Green faction goes into Epsom with one strategy and the Labour faction goes in with another, there’s only one winner: ACT.

L

MMP in NZ is safe

shirtcliffe ad
Evidence:

  • It has been found to work pretty well and all parliamentary parties except ACT support it.
  • The UK election is about to remind people how perverse FPP is.
  • Peter Shirtcliffe is spamming people in order to gain support for his anti-MMP campaign.
  • His google ad campaign looks like this ====>

Seriously. That’s him. A ranting white middle-aged elderly patrician of the sort New Zealand’s governments were almost exclusively composed before the change in electoral system — and on a soap-box, for goodness’ sake. A starker warning of what’s in store should the electoral system change is hard to envisage. Also: it’s visually busy and garish. The blue is neither National-party royal blue, nor ACT-party aqua-blue, nor flag-Navy; it’s nothing. The message is over-long and confused (campaign for an effective referendum? Don’t you mean to campaign against the electoral system? No? Ok then.) And the cartoon …

Thanks, Peter, you’re doing your country a great service.

(Thanks to Lyndon Hood in the comments to Russell’s thread linked above for the pic.)

[This line inserted to fill whitespace].

L

Winner does not take all

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

Democratising democracy

Speaking of headlines, that’s a good one from OpenLeft.org.uk. And an interesting article, too, by British Labour MP James Purnell, which touches on a few things I’ve been thinking about recently.

Purnell identifies three initial steps toward fulfilling Lincoln’s “of the people, by the people, for the people” ideal of democracy in British politics, and to a large extent these also apply in NZ.

First, embracing a more open politics. We need a much wider range of people becoming MPs.

Measures to ensure that the political process is not the sole domain of political elites.

Second, deepening our representative democracy.

Constitutional and electoral reform to abolish the vestiges of aristocratic privilege and making elections more proportional and representative.

Third, broadening our democratic society to make people powerful and enable people to achieve more together than we do alone.

Decentralising the political process and civic institutions and decoupling politics from financial elites.

There’s much more than that, and a lot of concrete suggestions around how these lofty goals might be achieved, why they ought to be. Although I don’t agree with all of it (it equates ‘democracy’ with ‘anti-elitism’ which is problematic) and think some is a bit glib (it’s an MP flattering the electorate, after all), it’s certainly worth a read.

L

Bleg: what do people want in an electoral system?

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.