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ideological culture partisanship

The False Binary

Characterizing herself as a “moderate with a brain,” Bridget Phetasy writes that things have gotten so bad that now “every vote is considered a statement on your personal identity and worth.” Her article in Spectator USA, “The battle cry of the politically homeless,” paints a bleak picture.

“Your value, who you are, what kind of world you want, whether or not you’re a good person or an evil person … it all boils down to which lever you pull. Damn your reasons. Vote for the ‘right’ person, or else you are a fascist, or a racist, or a globalist, or a communist.”

Ms. Phetasy expresses fatigue at “being afraid to voice my own opinions, of knowing how saying the wrong thing at a barbecue while someone is filming on their iPhone could result in a nationwide clarion call for my head on a pike.”

I, however, feel not one whit of a compulsion to cave to what Phetasy says is the “totalitarian-​like” demand of the two parties for “devotion to their ideology.”

How did I become so blessed?

I know that Trumpians have almost no way to rationally defend their major positions — protectionism being the tippy-​top of an Everest of an iceberg. Meanwhile, the far left is worse, flushing the old wine of socialism through the new-​but-​leaky bottles of racist (“anti-​racist”) resentment.

Can we really fear such intellectual paper tigers?

There is a way out: Ranked choice voting. Witless partisanship rests on the A/​not‑A (=B/​not‑B) duality rut of the two-​party system, into which I have never purchased admission. None of us are required to — and won’t be tempted to once our absurd electoral system is swapped for one not programmed to create false binaries.

This is Common Sense. I’m Paul Jacob.


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ballot access government transparency Popular

The Rank Reality of Math

U.S. Rep. Bruce Poliquin (R‑Maine) doesn’t like Ranked Choice Voting.

Last week, I suggested that’s because he lost his re-​election to Congress in his state’s first use of Ranked Choice Voting (RCV). Perhaps I spoke too quickly? Congressman Poliquin argues that RCV is a “black-​box voting system.”

“We heard from countless Maine voters who were confused and even frightened their votes did not count due to computer-​engineered rank voting,” read a campaign statement.

Who wants frightened voters?

The “voting system utilized by the Secretary of State is secret,” Poliquin’s campaign spokesman further complained. “No one is able to review the software or computer algorithm used by a computer to determine elections. This artificial intelligence is not transparent.”

Computer-​engineered elections? Artificial intelligence? Oh, my!

“I think it’s time that we have real ballots, counted by real people,” the congressman told reporters. “… instead of this black box that computes who wins and who loses.”

By all means, yes.

Nathan Tefft is a professor at Bates College in Lewiston, Maine, and claims to be “a real person.” With a PhD in economics. He got all the election data and replicated the ranked ‑choice process used by the Maine Secretary of State in conducting the count, confirming the state’s results.

“The Maine secretary of state’s office has published all the election results on its website — every ballot, every ranking in every town,” the Bangor Daily News informed. “It’s all there in massive data files that can be inspected and downloaded.”

Wait a second … what about the black-​box, the secrecy, the dreaded use of AI?

All a fable.

“Yeah,” Dr. Tefft noted, “it’s just math.”

This is Common Sense. I’m Paul Jacob.

 


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incumbents political challengers

Winning Reform

Bruce Poliquin, Maine’s incumbent second-​district U.S. Representative, knows what to blame for his loss this last election: the preferences of Maine voters.

Well, he blames Ranked Choice Voting (RCV) … in which voters rank the candidates by preference, and whose votes are counted so to better tally second- and even third-​favored options.*

The Republican Representative enjoyed a slight lead on election night, but fell short of a majority. When two independent candidates were eliminated, their second-​choice votes put Democrat challenger Jared Golden over the 50-​percent mark.

Maine Republicans are upset. It turns out that losing isn’t as much fun as winning.

Shocking, I know.

So Poliquin sued, arguing that RCV is unconstitutional. He asked a federal judge to stop the ballot tabulation.

Judge Lance Walker, a Trump appointee, was “not persuaded.” He additionally noted that “the citizens of Maine have rejected the policy arguments plaintiffs advance against RCV.”

Twice.

In 2016, Mainers passed RCV by ballot initiative and then, in a 2017 referendum, vetoed the legislature’s arrogant repeal of the voter-​enacted reform.

“While Mr. Poliquin publicly works through the five stages of grief over his election loss,” remarked RCV advocate Kyle Bailey, “the real story is that the implementation of Maine’s Ranked Choice Voting law was smooth, transparent, and in accordance with the will of the Maine voters,”

Meanwhile, Chuck Slocum, past chair of the Republican Party of Minnesota, urges fellow Republicans to “consider” this non-​partisan reform.

Yes, a process that better counts voter preferences ought to help your political party.

This is Common Sense. I’m Paul Jacob.

 


* In cases where no candidate gains a majority of first-​choice votes, the last place candidate is eliminated and his or her votes re-​allocated to those voters’ second choice, and this process continues until a candidate reaches a majority.

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Accountability general freedom government transparency initiative, referendum, and recall local leaders national politics & policies political challengers term limits

The Other Maine Thing

Tuesday’s biggest election news was the victory for Ranked Choice Voting (RCV) in Maine. This is the second statewide vote for this reform, which allows voters to rank the candidates by first choice, second choice and so on.*

Voters first passed it in 2016, but the next year the voters’ “representatives” in the legislature repealed the law, overturning their vote. 

Undeterred, RCV supporters filed a referendum and again went out and gathered enough petition signatures to refer the legislature’s repeal to a vote of the people. On Tuesday, Maine’s voters vetoed the legislature, keeping Ranked Choice Voting. 

Initiative and referendum sure are helpful.

RCV is not partisan; it requires the winner to have some level of support from a majority of voters and fixes the wasted vote problem. In Maine, however, the Republican Party opposed. On election day, Republican Gov. Paul LePage even threatened not to do his duty and certify the results.

Paul Jacobs (Vice chair of the [FairVote] Board) whom I once knew and thought was a good American,” a Republican friend posted on my Facebook page, “has helped unleash the hounds of Hell” … adding that “now the voters are so confused by the terrible procedure that voting will be a nightmare this Tuesday!”

Yet voters used the new voting system for the first time Tuesday in candidate primaries before deciding Question 1 on their ballot — about keeping RCV. As one Portland voter put it, “It’s pretty easy to do, despite the negative publicity.”

We need more control over government with our vote. And when voters speak, politicians should listen. 

It wouldn’t hurt political activists to listen, too.

This is Common Sense. I’m Paul Jacob.

 


* I’ve discussed the idea in this space many times — there’s more information on how it works here.

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Categories
Accountability general freedom moral hazard nannyism political challengers too much government

How to Prevent Democracy

Quick — what is the very first thing government should do this year?

Maine’s Secretary of State Matthew Dunlap has urgent legislation. And just so you don’t get the wrong idea, “It’s really not a shadow effort to restrict the people’s right to petition their government,” he insists. “That is not our intent.”

Got that?

Citing voter and election official complaints — without documenting any specific person or incident — the secretary seeks to “virtually ban” signature gathering at the polls on Election Day. His special bill, L.D. 1726, would create a 50-​foot buffer so that voters can get to the polls, cast their ballots, and rush back home without ever being approached by fellow citizens seeking their signatures to place an issue on the ballot.

Polling places, Dunlap thinks, should be more “civilized.”

“State lawmakers in recent years have lamented the number of citizen-​initiated bills that have been approved by voters,” explained the Portland Press Herald, “including major changes to marijuana law, voting, taxation and the minimum wage in just the last two years alone.”

Legislators, apparently, do not like following laws enacted by voters.

It is interesting that the Ranked Choice Voting ballot initiative, which Mainers passed last November — and Dunlap strongly opposed — gathered tens of thousands of signatures at the polls. In a statement, that citizen committee declared, “Our constitutional right to direct democracy is under attack in Maine.”

Why would a Secretary of State so blatantly favor politicians over the people? In Maine, legislators choose the Secretary, not voters. It’s a bad system, lacking proper separation of powers. 

Removed from the people.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access folly media and media people moral hazard national politics & policies political challengers term limits

If This Be Blackmail…

The Republican Party now boasts of more positions of power than … ever? And yet the GOP is in danger of falling apart.

The Democrats, now forced to endure Hillary Clinton’s new absurdity, What Happened, appear at wits’ end. They just do not “get it.”

Alas, “not getting it” is not limited to the major parties. The Libertarian Party (which is my subject this week) has been around since 1972 … doing the same things over and over … with spectacular lack of electoral success.*

Sure, the party has had no small subtle influence — perhaps most notably the change in marijuana policies. Yet it could have even more. Without electing anybody, as I argued yesterday.

But that’s just the tip of the Titanic-killer. 

Not only could party organizers threaten the major parties with running — and taking away votes — based on their candidates’ positions, Libertarian organizers could also threaten to run against candidates who will not publicly take up the cause of electoral reform.

Particularly, ranked choice voting.

Because of our first-​past-​the-​post elections, Libertarians tend to take away votes from those most similar to themselves. With ranked choice voting (see a sample ballot), a voter whose favorite is a Libertarian will have his second-​favorite choice count** towards that candidate; minor party candidates would no longer work as spoilers. 

And that would allow voters to embrace their real preferences, not pretend to like candidates they actually distrust.

Since major party candidates would, in most circumstances, be hurt less by those closest to them, they should be willing to be “blackmailed” on this.

Jumping into the briar patch of supporting fresh reform to stop the spoilers.

This is Common Sense. I’m Paul Jacob.

 

*  The 3 million odd votes for the Johnson/​Weld presidential ticket, though a leap ahead from previous outings, was seen by many as a disappointment: that’s all the dynamic duo of former governors could do in a year with the unpopular duo of Trump and Clinton as R and D standard-bearers? 

** That is, in cases where only a small percentage of the vote favors the Libertarian most.


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Accountability initiative, referendum, and recall local leaders responsibility

The Maine Thing

Ranked Choice Voting (RCV) allows voters to rank electoral candidates and not “waste” their vote in cases where their most favored candidate is* unlikely to win. RCV also requires a majority for election, not merely a plurality of the vote. 

Last November, Mainers passed Question 5 to begin using this voting system for statewide races, state legislative races and congressional contests. Voters in Portland, the state’s largest city, already use ranked choice voting for several city offices.

Nonetheless, Gov. Paul LePage, who has won twice for governor without ever capturing a majority, opposes RCV, as do many state legislators, also elected under a different first-​past-​the-​post plurality system.

Because Maine’s state constitution specifically mentions plurality winners for statewide officials and state legislators (in the General Election), legislative leaders asked the Maine Supreme Court for an advisory opinion on the constitutionality of the ballot measure. Earlier this week, the court ruled that Question 5 was not constitutional when applied to those specific offices and elections. 

However, the constitutionality of RCV was not challenged regarding congressional elections or primary elections for the state legislature.

Now some legislators are proposing a constitutional amendment to enact the RCV that voters supported. Others are urging that the entire law be repealed — even the parts not ruled unconstitutional. They claim the new system is too confusing if not used for every office.

But Portland city voters use RCV for some offices and not others, without confusion.

Legislators should follow the court’s decision, sure, but also respect the vote of the people for every part of the measure not addressed by the court.

This is Common Sense. I’m Paul Jacob.

 

* Ranked Choice Voting also prevents wasted votes in cases where a voter merely expects or fears (even inaccurately) that his or her favorite candidate does not have enough support to get elected.


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Categories
general freedom local leaders national politics & policies political challengers U.S. Constitution

Wag that Tail, Dog

Last November, Maine voters passed a ballot measure, Question 5, to begin electing their federal representatives to Congress, and their governor and state legislators, using Ranked Choice Voting. This selection mechanism allows voters to rank their choices, thereby removing the “spoiler effect” that often pushes citizens to support the lesser of two popular evils.*

Last month, Maine’s State Senate submitted advisory questions to the Maine Supreme Court about the new law’s constitutionality. 

It is indeed constitutional. “Those who argue that ranked-​choice voting conflicts with the Constitution,” explained Marshall Tinkle** in the Bangor News, “seem to be reading things into it that simply are not in the text.”

Last week, the Maine Supreme Court heard oral arguments. Justices Donald Alexander and Joseph Jabar seemed concerned about ranked-​choice voting making it easier to vote for the person and not the party. 

That’s not unconstitutional. But is it somehow bad?

“We are going to have a lot of people abandoning the political parties if ranked-​choice voting remains,” argued Alexander. Or perhaps the parties might better serve voters?

The attorney representing the Committee for Ranked Choice Voting, James Kilbreth, reminded the justices that the voters have spoken, and as to the resistance by legislators in implementing their will, he remarked, “This is the tail-​wagging-​the-​dog kind of problem.” 

The courtroom broke out in laughter when Chief Justice Leigh Saufley responded, “Mr. Kilbreth, it’s a fairly large tail.” 

I’m a big fan of ranked choice voting***, but the court’s decision is not about the policy. It’s about whether the dog (the people) will wag the tail (the legislators) or vice-versa.

This is Common Sense. I’m Paul Jacob.

 

* Portland, the state’s largest city, has used ranked choice voting since 2011.

** And Tinkle should know, since he “wrote the book” on the subject — the reference book, The Maine Constitution.

*** I serve on the Board of Directors of FairVote, an organization that promotes ranked choice voting and other methods to make every person’s vote count.


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Accountability ballot access general freedom incumbents initiative, referendum, and recall national politics & policies political challengers responsibility too much government U.S. Constitution

Votes Without Poison

Strange election. So … round up the usual suspects!

Immediately after Hillary dried her tears and conceded, out came the Tweets, then the analyses: the “third parties” are to blame!

Over the weekend, I focused* on one such election post-​mortem. The basic idea is not altogether wrong: minor party efforts together may have cost the Democrat her Electoral College advantage this time around, just as Nader’s Green Party run spoiled Al Gore’s bid in 2000 and several past congressional races have been spoiled for the GOP by Libertarians.

Is there a problem here? Yes. But do not blame the minor party voters. It’s the way we count their votes that is “problematic.” The current ballot-​and-​count system turn voters most loyal to particular policy ideas into enemies of those very same ideas.

When we minor party voters turn away from a major party — usually because said party tends to corrupt or betray our ideas, or make only small steps toward our goals — our votes aren’t so much wasted as made poisonous.

Because the candidate least preferred may prevail.

But there’s a way out: On election day, voters in Maine showed how to cut through the Gordian Knot. Voting in approval for Question 5, Maine now establishes “ranked choice voting.”

Under this system, you don’t “waste” your vote when expressing a preference for a minor party candidate. You rank your choices and, if your first choice proves unpopular, your second choice (or maybe your third) gets counted. So you don’t “poison” your cause.

Republicans and Democrats have more than enough reason, now, to adopt ranked choice voting across the country.

This is Common Sense. I’m Paul Jacob.

 

* See yesterday’s links page to my weekend Townhall column for the basic references. But there were many, many articles on the Minor Party Effect, including a skeptical one by Sasha Volokh’s.

 

Ask the next question.

Questions Answered:

What is the effect of minor parties on major party outcomes?

What causes those effects, voter intent or something else?

Is there a way to prevent this, short of further sewing up the ballot access system to minor parties?

The Next Question:

What might our elections look like if people spent more time discussing issues and ideas … and less about class, culture wars, and sex crimes?


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ballot access national politics & policies political challengers

Instead of Spoilers

Last night on Stossel, the show’s eponymous host reminded his panel that Ann Coulter wanted to drown folks who vote for Libertarian candidates in close races where the Republican victory could be hurt. Deroy Murdock came down on Coulter’s side, saying that Libertarian votes did sometimes harm Republican candidates, as just happened, he said, in Virginia.

Stossel wonders if that’s true; there are reasons to suspect that Libertarian “third party” candidates draw also from Democrats and mostly from independent voters — and that many of the latter wouldn’t have voted at all.

But Stossel and his panelists did not bring up a simple solution to the whole problem, something I wrote about last year in my column “In Defense of Spoilers.” The Libertarian Party seems here to stay. And if Republicans want to do something about it, they could “open up the electoral system”:

They should work with open-​minded, fair-​play Democrats and end first-​past-​the-​post elections in the United States. There are several ways to go: ranked voting methods, from Instant Runoff Voting to proportional representation, ending the election of Representatives from gerrymandered districts, electing them, instead, “at large.”

Ranked Choice Voting, especially, has advantages. We vote our preferences, and our preferences are counted.

If you prefer the Libertarian over the Republican, and the Republican over the Democrat, you vote that way, and your preference for “best” doesn’t destroy your support for “the good” or the possibly “good enough.”

Democracy doesn’t need to rest on the insane rubric of “the best is the enemy of the good.”

So, Republican majority, change it. And stop complaining.

This is Common Sense. I’m Paul Jacob.