QUOTA logo pr NOTES


Newsletter of the Proportional Representation Society of Australia

 

 

 

   QN2021C     September 2021   www.prsa.org.au



 

Western Australia's government bill to implement Expert Committee's report

 

 

As reported in QN2021B, Western Australia’s government established a Ministerial Expert Committee on Electoral Reform, to consider and report on reforms of the electoral system to achieve voter equality for the state’s Legislative Council.

 

That Committee’s Report led to the government’s introducing its Constitution and Legislative Amendment (Electoral Equality) Bill 2021 in the Legislative Assembly on 16 September 2021 along with an Explanatory Memorandum and the Attorney-General’s second reading speech, each of which is accessible at that hyperlink.

 

As a result of the 2021 elections, each house of the Western Australian Parliament has - for the first time - an absolute majority of Labor Party members, which has facilitated the Labor Government’s swift introduction of its electoral reform proposals.

 

As the PRSA had hoped, the bill seeks to discontinue Group Voting Tickets for elections to WA’s Legislative Council, and to redesign the ballot paper so partial optional preferential marking would apply below-the-line, but unfortunately the bill fails to ensure there will no longer be any above-the-line contrivance on the ballot paper. The PRSA’s submission to the Expert Committee urged the exclusive use of the simpler, and much more voter-empowering Hare-Clark ballot paper, but the Committee’s Report made no mention at all of any real consideration of that leading form of PR-STV.

 

A glaring anomaly in the Report and in the bill was the claim that it sought “electoral equality” in WA’s entrenched, constitutionally-mandated direct election of candidates, yet it introduced an above-the-line option that significantly privileges registered groups.

 

Such groups must include at least five candidates to be eligible to have their names appear above-the-line where a voter’s single mark against a group is deemed to be a transferable vote for that group’s candidates in a fixed order the group lodged with the WA Electoral Commission. By contrast, voters for candidates whose names can only appear below-the-line have to correctly mark 20 unique consecutive preferences in order to cast a valid ballot.

That continuation of the unjust misuse of the electoral law to perpetuate two classes of voter, to make the marking of a ballot paper 20 times as onerous for one class as the other, to give a substantial advantage for major party candidates over independent or minor party candidates, and to retain the unnecessary power of party preselectors to stage manage the election, is greatly at odds with the professed aim, which is even included in the title of the bill, of “electoral equality”.                                                                                                                                                                                     


Canada's opportunistic 2021 federal election
 

Icon Description
                                      automatically generated

map of canada

 

On Monday, 20 September 2021, Canada held a general election for its House of Commons using its long-standing single-member electoral district system with plurality (so-called first-past-the-post) counting, but Canada’s Senate is unelected. Its 105 senators are appointed by the Governor-General to represent regions, and serve till they turn 75. The House of Commons poll was less than two years into the five-year term, and was called early by the Prime Minister, Justin Trudeau, hoping to gain a majority for his Liberal Party. Instead his party suffered a 0.5% vote swing against it, but gained two seats. Table 1 shows the overall outcome.

 

Party

Votes

%

Seats

No.

%

Liberal

32.6

159

47.0

Conservative

33.7

119

35.2

Bloc Québécois

  7.6

  33

  9.7

New Democrats

17.8

  25

  7.3

Green

  2.3

    2

  0.6

People’s Party

  5.0

    0

  0.0

Others

 

    0

  0.0

Total

 

338

 

 

Table 1: Votes and seats won in Canada's 2021 election


Even at first glance, it is clear that this result represents a distortion of the voters’ will. The Liberal Party is over-represented with fewer votes than the Conservatives, and many more seats. Indeed the Liberal Party would need only eleven more seats to obtain an absolute majority of seats.

 

Eight seats won by the Conservatives would have fallen to the Liberals with a swing of 2.5% or less. Three seats held by the Bloc Québécois over the Liberals would have been lost with swings of around 1.5% or less. Thus the Liberals could have achieved an absolute majority of the House of Commons seats with around 34.5% of the vote.

 

Conservative seats won by less than five percentage points over a Liberal candidate
(percentages of Conservative and Liberal candidates given) were:

 

·      Charleswood-St James-Assiniboia-Headingley, 39%-39% (24 vote lead)

·      Coast of Bays-Central-Nôtre Dame, 47%-46%

·      King-Vaugha, 45%-43%

·      South Surrey-White Rock, 42%-39%

·      Bay of Quinte, 41%-37%

·      Peterborough-Kawartha, 39%-35%

·      South Shore-St Margarets, 41%-37%

·      Miramichi-Grand Lake, 44%-39%

 

Bloc Québécois seats won by less than three percentage points over a Liberal candidate:
(percentages of Bloc Québécois and Liberal candidates given)

·      Châteauguay-Lacolle, 37%-36%

·      Longueuil-Saint-Hubert, 41%-38%

·      Trois-Rivières, 30%-29%

 

The Liberal Party is clearly over-represented in the House of Commons, but the more left-leaning party, the New Democrats, is clearly under-represented, although its MPs will hold a ‘balance of power’ on many issues in the new Parliament.

 

In the 2019 election, the Liberal Party set a new record: the lowest share for a party that would go on to form a one-party government (33.12% in 2019). It is likely that this ‘record’ of distortion of democracy has been broken once more!

 

See long-term overall results. Two examples of electoral districts (called ridings in Canada) with very close results were Trois-Rivières in Quebec and Nanaimo-Ladysmith in British Columbia. The Trois-Rivières riding was won by the Bloc Québécois candidate with just 29.5% of the vote:

 


Candidate’s Party

Votes

No.

%

Bloc Québécois

17,120

 29.5

Conservative

17,027

29.4

Liberal

16,560

28.6

New Democrat

  4,658

 8.0

People’s Party

  1,112

 1.9

Green

     780

 1.3

Others

    733

 1.3

Total

57,990

100.0

 

     Table 2: Votes cast in Quebec’s Trois-Rivières riding

 

Throughout the election count some commentators were pointing out that the right-wing ‘People’s Party’ was likely to be taking votes away from the Conservatives and that, without the People’s Party, a seat like this might have been won by the Conservatives. From an Australian perspective, of course, it can be seen that a result where the top three candidates are separated by less than 1%, ranging from 29.5% down to 28.6%, would be much fairer if voters for defeated candidates could express their second and subsequent preferences.

 

Given that most New Democrat voters would be likely to put Conservative behind Liberal or Bloc Québécois if they were allowed to express more preferences, most likely a transferable vote count for this seat would result in either a Liberal or a Bloc Québécois candidate being elected, with the Conservative party in second or even third place.

 

In the Nanaimo-Ladysmith riding - which the Greens won in 2019 - the Conservative candidate was in second place, and at various points in the count was leading. That riding is one of the most left-leaning and pro-environment in Canada, yet it nearly elected an MP of opposite opinions – a very good demonstration of how plurality counting (so-called ‘first-past-the-post’) can fail to meet democratic requirements so markedly.

 

Candidate’s Party

Votes

No.

%

New Democrat

19,896

28.9

Conservative

18,615

27.0

Green

17,640

25.6

Liberal

9,340

13.6

People’s Party

3,385

  4.9

Total

68,765

   100.0

 

     Table 3: Votes cast in BC’s Nanaimo-Ladysmith riding

 

Most reporting on the election concentrated only on seats won rather than votes received, and that concentration of seats led to the Leader of the Conservative Party being under pressure after what was described as a ‘dismal performance’ in some media. That claim was made despite his party winning more votes than any other party.

 

No single-member riding can provide any diversity of representation, but the distortions created by plurality counting are most clearly indicated by these figures, showing that huge numbers of voters are not represented adequately in the House of Commons:

 

  • In the Province of Prince Edward Island, all four ridings were won by the Liberal Party, which however   gained only around 47% of the votes cast in that province.

  • In the Province of Saskatchewan, all fourteen ridings were won by the Conservative Party, which gained around 59% of the votes.

 

(See a listing of winners in each province, with the first preference percentage given for each of the winning candidates.)

The 2021 elections had the lowest turnout for many years, and in most provinces ‘Did not vote’ gained a higher percentage than any candidates!

 

 

 


The 2021 elections to Germany's Bundestag

 

flag of germany

 

Soon after Canada’s elections using its single-member districts and plurality counts, the Federal Republic of Germany held elections with its hybrid Mixed Member Proportional (MMP) system.

 

German voters elected candidates of eight different parties to the Lower House of Germany’s federal legislature, the Bundestag, which consists of 299 members elected - like Canada’s, from single-member districts, using plurality (so-called first-past-the-post counting) - and at least 299 others from a second, party list vote, with the actual number depending on complex calculations. The upper house, the Bundesrat, is not directly elected.

Six parties received significant support in each of the 16 German States, so there were 436 top-up seats, elected from party lists, a number calculated on a State-by-State basis. There are thus a total of 735 members in the 2021 Bundestag. The Christian Democrats (CDU) and Christian Social Union (CSU) are in coalition. The CSU only stands candidates in Bavaria, and the CDU only stands candidates in all the other States.

 

Data in Tables 4-6 below are from Wikipedia. The percentage vote shown in red below are of votes, some of which were wasted as MMP has no transferable voting, and some of which would be below the quota in a
PR-STV
system.

 

Party

Votes

Seats

No.

%

No.

%

Social Democrats

12,228,363

26.4

 121

40.4

Christian Democrats

10,445,571

22.5

   98

32.7

Green Alliance

  6,465,502

14.0

   16

 5.3

Alternative for Germany

  4,694,017

10.1

   16

 5.3

Free Democrats

 4,040,783

8.7

     0

 0.0

Christian Social Union

 2,787,904

6.0

   45

15.0

The Left

 2,306,755

5.0

    3

 1.0

Others

3,370,707

7.8

    0

0.0

Total

42,968,895

 

299

 

 

        Table 4: CONSTITUENCY votes for the Bundestag, 2021

 

Party

Votes

Seats

No.

%

No.

%

Social Democrats

 11,949,756

25.7

  85

19.4

Christian Democrats

   8,770,980

18.9

  53

12.1

Green Alliance

   6,848,215

14.8

102

23.4

Alternative for Germany

   4,802,097

10.3

67

15.4

Free Democrats

   5,316,698

11.5

92

21.1

Christian Social Union

   2,402,826

 5.2

 0

 0.0

The Left

   2,269,993

 4.9

36

 8.2

South Schleswig

Voters Association2

       55,330

0.1

  1

0.2

Others

  4,003,553

8.6

0

0.0

Total

42,415,895

100

436

 

 

       Table 5: PARTY LIST votes for the Bundestag, 2021

 

                Party

   Mean

   vote %

                 Seats

  No.

    %

Social Democrats

26.0

     206

   28.0

Christian Democrats

20.7

     151

   20.5

Green Alliance

14.4

     118

   16.0

Alternative for Germany

10.2

       83

   11.3

Free Democrats

10.1

       92

   12.5

Christian Social Union

  5.6

       45

     6.1

The Left

  5.0

       39

     5.3

Others

  8.2

         0

     0.0

Total

 

    735

 

 

          Table 6: TOTAL votes for the Bundestag, 2021

  (* Mean vote % is the mean of Constituency and Party List % votes)

 

 

Notes: (1) The Left party did not reach the 5% threshold that normally allows a party to obtain party list MPs. However, a proviso of the law is that no threshold applies to a party if its candidates are elected in at least three constituencies. Candidates of The Left party did win three constituencies, but if they had won fewer, its candidates would have not gained the 36 party list MPs it won with the benefit of that arbitrary proviso. See also similar QN2013C election comments;

 

(2) A minority party representing the Danish and Frisian ethnic minorities in the State of Schleswig-Holstein won a seat because the threshold does not apply to ethnic minority groups. With the 55,330 votes they received in the party list votes, they obtained one MP.

 

As yet another demonstration of how appallingly unrepresentative the plurality (first-past-the-post) system is, candidates of the Christian Social Union (CSU) (part of the Conservative alliance with the Christian Democrats) won - in the State of Bavaria - 36.9% of the votes overall in 36 constituency seats, but they won 45 of the 46 constituencies, although they won all of them in 2017.

 

Bavaria’s 70 top-up seats were allocated as below:

23 Social Democrats

17 Greens

14 Free Democrats

12 Alternative for Germany

  4 The Left

 

Because the proportional seat tally of successful candidates of the Christian Social Union in Bavaria was much higher than the proportion it received in its ‘second’ or ‘party list’ vote, the CDU had none of its candidates elected from the party list in that State, as it was part of an alliance with the CSU.

 

At one point during the count for the election, the possibility was raised that the Christian Democrats (CDU) leader, Armin Laschet - the successor to Angela Merkel, the outgoing Chancellor, as its leader - might not obtain a seat in the Bundestag.

 

That was because even though Mr Laschet headed the party list for the CDU in Nordrhein-Westfalen State, the number of constituencies candidates of the CDU won, and their low party list vote, might mean that the CDU would not win seats beyond those elected in single-member constituencies.

 

Mr Laschet’s was elected to the Bundestag, however - not because the CDU party list vote in the State rose - but rather the vote for CDU candidates fell in enough of the constituencies to mean that the constituencies that the CDU previously held were lost, and therefore the party list did ‘top-up’ the CDU elected candidates.

 

That is an example of one of the most significant problems with MMP: the elaborate calculations - which ensure the parties are represented in the Bundestag at close to the level of the party list votes receive - do not give voters control of who is elected from party lists; and it is something of a matter of luck as to who gets elected.

 

That said, the overall levels of representation of voters in party terms in Germany’s Bundestag does more closely correspond to voters’ indications than it does in Canada’s House of Commons.

 

Perhaps because under MMP the votes of nearly every elector do count in party terms (unlike in Canada), the German election had a much higher turnout (76.6%) than in Canada (62.3%).

 

The challenge for supporters of  PR-STV electoral systems is to more clearly explain the problem raised in the previous paragraphs to show that although MMP meets two of the requirements of a good electoral system:

 

·    that parties are represented by candidates at the percentages that people vote for
candidates of those parties and


·   that the ballots of a greater percentage of the voters also count towards
the election of candidates in party terms,


its lack of direct election of party list candidates nevertheless fails to give voters control over which particular party list candidates are elected. Detailed results can be seen in the official website.

 


                                              
 

Call for Nominations for Elections of the four PRSA Office-bearers for 2022-23

 

The Returning Officer is Ms Marian Lesslie of the PRSA's New South Wales Branch. Under the PRSA Constitution, the Returning Officer rotates among the Branch Secretaries. The order, by precedent, is NSW, SA, WA, the ACT, and VIC-TAS.

 

Nominations - for President, Vice-President, Secretary and Treasurer - need be signed by the candidate only, as consent to nomination, and must be with Ms Lesslie, at 74 Thompson Street, DRUMMOYNE NSW 2047, or at nretoff@prsa.org.au by Friday, 05 November 2021. Nominations should be viewable on the PRSA Elections page.



© 2021 Proportional Representation Society of Australia


National President: Dr Jeremy Lawrence   npres@prsa.org.au