Proportional Representation: A Study in Methods of Election Part 18

Party A 6,000 votes " B 4,800 "

" C 1,900 "

------ Total 12,700

Arrange these numbers in a line, and divide successively by 1, 2, 3, and so on, thus:--

Party A. Party B. Party C.

6,000 4,800 1,900 3,000 2,400 960 2,000 1,600 1,500 1,200 1,200 960 1,000

The eleventh highest number, which const.i.tutes the measuring rod, will be found to be 1000; the largest party obtains six seats, the second party obtains four seats, with a remainder of 800 votes, and the third only one seat, with a remainder of 900 votes. The two smaller parties taken together poll 6700 votes but only obtain five seats, as compared with the six seats obtained by the larger party with 6000 votes; the two remainders of 800 and 900 votes, which together const.i.tute more than a quota, having no influence on the result of the election. Even if, in the allotment of seats, the largest party has a remainder of votes not utilized, yet this remainder necessarily bears a smaller proportion to the total of the votes polled than is the case with a smaller party.

Thus the system works steadily in favour of the larger party.

The question of remainders, or votes not utilized in the distribution of seats, is of minor importance when the const.i.tuencies return a large number of members. When, for example, as in the city of Brussels, there are twenty-one members to be elected, the votes not utilized bear a small proportion to those that have been taken into account in the allotment of seats. In Belgium, however, there are several const.i.tuencies returning as few as three members, and there is naturally a demand that these const.i.tuencies should be united so that the method of distribution should yield more accurate results.

If the d'Hondt rule, like every other method of distribution, is open to criticism from the point of view of theoretical perfection, it must be admitted that in practice it yields excellent results. The election at Ghent resulted in the return of six Catholics, three Liberals and two Socialists; it would have been impossible to have allotted the seats more fairly. Under the old non-proportional method the Catholics would have obtained eleven representatives and the Liberals and Socialists none. The immeasurable improvement effected by every true proportional method is apt to be overlooked in the critical examination of the working of these methods in those extreme cases which rarely occur in practice.

_The formation of "cartels."_

The steady working of the d'Hondt rule in favour of the larger parties has, however, not escaped the attention of advocates of proportional representation. The late Professor Hagenbach-Bischoff has formulated the proposal that parties should be allowed to put forward combined lists, and that in the first allotment of seats the totals of the combined lists should be taken as the basis of distribution. The need of some such provision may be shown by an example used in ill.u.s.tration of the d'Hondt system, at a meeting held under the auspices of the French Proportional Representation League.[8] A const.i.tuency with eleven members was taken; four lists, A, B, C, and D, received 6498, 2502, 1499, and 501 votes respectively; the d'Hondt rule made 834 the measuring rod, and gave A seven members, B three, C one, and D none. The question was asked why provision was not made for the transfer of the votes from list D to list C, so that if, for example, these lists were put forward by Radical-Socialists and by Socialists respectively, the parties might obtain the additional seat to which their combined totals ent.i.tled them. It will be seen that lists C and D, with a total of 2000 votes (more than twice 834), obtained but one representative, while list A, with 6498 votes, obtained seven representatives.[9]

Professor Hagenbach-Bischoffs proposal, which would meet this difficulty, has not been embodied in the Belgian law, but "cartels"

(arrangements for the presentation of a common list) are formed between the Liberals and Socialists so as to lessen their loss of representation due to the working of the d'Hondt rule. The "cartels," however, do not give satisfaction, as experience shows that many Liberals who would vote for a Liberal list decline to vote for a "cartel" of Liberals and Socialists; whilst, on the other hand, extreme Socialists decline to support a Liberal-Socialist coalition. In the Finnish system, however, provision is made for the combination of lists in accordance with Professor Hagenbach-Bischoff's suggestion. Indeed, as the Finnish law forbids any list to contain more than three names, some such provision was necessary in order to allow each separate party to nominate a full list of candidates.

The experience of the Belgian "cartels" would seem to show that, even where party organization and discipline are highly developed, many electors resent the disposal of their votes by a bargain between the organizations concerned. The single transferable vote, by allowing each elector to indicate his second choice in the way in which he himself prefers, would enable smaller parties to obtain their share of representation without involving a preliminary compact between party organizations. A list system seems to establish a rigid division between parties, whilst there is no such corresponding rigid division in the minds of many electors. The model elections conducted by the Proportional Representation Society cannot perhaps be accepted as a conclusive guide to the action of voters at a real election, yet the number of Liberals who, in the last of these elections, gave an effective preference to a representative of the Independent Labour Party, in the person of Mr. Henderson, was very noteworthy. In the Belgian system no such fluidity is possible; the Liberal electors would be shut off from any relation with the supporters of Mr. Henderson, who could figure only upon the Labour Party's list.

_The different methods of selecting successful candidates_.

It will be seen that the problem of allotting seats to lists has been solved in several different ways. Similarly, different methods have been tried for the purpose of selecting the successful candidates from the respective lists. The instructions to voters vary accordingly. The earlier schemes (and the practice obtains in several Swiss cantons to-day) provided that each elector should have as many votes as there were members to be elected, and that he might distribute (without the privilege of c.u.mulating) his votes over the whole of the candidates nominated, selecting, if he desired, some names from one list, some from another, and some from another. After the number of seats secured by each list had been ascertained those candidates were declared elected who, in the respective lists, had obtained the highest number of individual votes.

_Panachage_.

The practice of voting for candidates belonging to different lists--_panachage_, as it is called--has evoked considerable discussion, and still gives rise to differences of opinion among the advocates of proportional representation on the Continent. At first sight there would appear to be nothing to discuss, and that there was no possible reason why the elector should not be allowed to exercise his choice in the freest manner. It has, however, been found that this privilege can be used in an unfair way. When each elector has as many votes as there are candidates, and is not permitted to c.u.mulate his votes on any one, it usually happens that the votes obtained by individual candidates in any given list vary but little in number. When in some elections it was realized that the party could only obtain a certain number of seats, but that it had a few hundred votes to spare, some extreme partisans used these votes for the purpose of voting for the least competent men of their opponents' list, and their action sometimes resulted in the election of those men in preference to the more competent men of the party. The danger from this cause would appear to be exaggerated, but although success has seldom attended the abuse of _panachage_, the fear of a successful attempt has a disturbing influence. The later Swiss laws allow electors to c.u.mulate three votes, but not more, upon any one candidate, so that the success of popular candidates is a.s.sured.

_The single vote and the case de tete_.

The Belgian parliamentary system suppresses _panachage_, and that in a most effective way. In this system each elector has but one vote, and therefore can only vote for one candidate. In addition, the Belgian system confers upon the organization presenting a list the right to arrange the order in which the candidates shall appear upon the list, and, further, it provides that the voter may approve of this arrangement by voting at the head of the list in the s.p.a.ce provided for that purpose and which is known as the _case de tete_. Party organizations naturally advise their supporters to vote in this way. Public opinion is divided on this feature of the Belgian system, but M. Van den Heuvel, formerly Minister of Justice, who took a responsible part in the pa.s.sing of the law, and with whom the author discussed this provision, defended it most vigorously, on the ground that the party as a whole had a right to determine which of its members should be elected. In the absence of the provision referred to it might happen that some candidate would be elected in preference to one who was more generally approved of by the party. This may be made clear by an example given by M. Van den Heuvel himself. A, B, C and D are candidates. Suppose that the party is strong enough to return three candidates, but no more, and that five-sixths of the party are in favour of candidates A, B and C, whilst the minority, one-sixth, are ardently in favour of candidate D. It will be necessary that the majority of the party (the five-sixths) should cleverly divide their votes equally between the candidates A, B and C in order to prevent the possibility of candidate D being elected by a small minority of the party. A little reflection will show that in the absence of any such provision the popular candidate of the majority, say A, might attract too large a proportion of the votes, thereby allowing D to pa.s.s B or C. Each provision of the Belgian system has been most carefully thought out, and, if it strengthens the hands of party organizations, it does so in order to secure the representation of the party by the candidates most generally approved. It may, however, be pointed out that had the single transferable vote been used, the candidates A, B and C, who, in M. Van den Heuvel's example, were supported by five-sixths of the party, would have been sure of election; there would have been no need to have conferred a special privilege upon the party organizations.

_The limited and c.u.mulative vote_.

The French Proportional Representation League, which, impressed with the simplicity of the Belgian system, desired to introduce it into France, refrained from advocating the adoption of the _case de tete_, and suggested that the order in which candidates should be declared elected on each list should be determined by the votes of the electors. The French League in its first proposal recommended that each elector should, as in Belgium, have but one vote. It was soon realized that the popular candidate of the party might attract a large majority of the votes, and that, in consequence, candidates might be elected who were the nominees of only a small section of the party. The League in its second proposal recommended the use of the limited vote, each elector having two votes when six deputies were to be elected, and three in larger const.i.tuencies. The League, however, followed the Belgian practice in confining the choice of the elector to candidates on one list. This proposition was examined in 1905 by the _Commission du Suffrage Universel_, which, in the Report, declared that it was impossible to approve of such a limitation of the elector's freedom.

"Nous ne pouvons," runs the Report, "laisser si etroitment enchainer, garrotter, ligotter l'electeur proclame souverain et qui doit en tout cas etre libre." The Committee recommended the use of the limited vote without the restriction recommended by the League. In a further Report, issued in 1907, this Committee again emphasized the necessity of leaving the elector quite free in the choice of candidates, and a new Bill, drafted by the Committee, provided that each elector should have as many votes as there were deputies to be elected, and that he should be allowed to c.u.mulate the whole, or several of his votes, upon any one candidate. Where, however, the c.u.mulative vote has been introduced into recent Swiss laws, as in that of the Canton of Bale City, the elector is not permitted to c.u.mulate more than three votes upon any one candidate.

It will thus be seen that the single vote, the multiple vote without the privilege of c.u.mulating, the limited vote, and the c.u.mulative vote, have all been proposed or adopted as methods of determining which candidates shall be declared elected.

_Special characteristics of Swedish and Finnish systems_.

This summary of the different methods used in solving the double problem of a list system--the allotment of seats to parties and the selection of successful candidates--is not fully complete.[10] Special features have been incorporated in the Swedish and Finnish systems for the purpose of securing as much freedom of action as possible to electors, and these systems are described in Appendices Nos. III. and IV. The differences between the various list systems are, however, not so great as those between a list system and the single transferable vote, but the consideration of these must be reserved for the next chapter.

[Footnote 1: The text of the Belgian law (Art. 263 of the Electoral Code) runs as follows: "Le bureau princ.i.p.al divise successivement par 1, 2, 3, 4, 5, &c. le chiftre electoral de chacune des listes et range les quotients dans l'ordre de leur importance jusqu'a concurrence d'un nombre total de quotients egal a celui des membres a elire. Le dernier quotient sert de diviseur electoral.

"La repart.i.tion entre les listes s'opere en attribuant a chacune d'elles autant de sieges que son chiffre electoral comprend de fois ce diviseur."]

[Footnote 2: The order in which the names appear is arranged by the party presenting the lists.]

[Footnote 3: A further election (the sixth) took place in 1910.]

[Footnote 4: See _La Representation Proportionnelle integrale_, 1910.

Felix Goblet d'Alviella (fils).]

[Footnote 5: _Rapport de la Commission du Suffrage Universel_, 1905, p.

45.]

[Footnote 6: Professor Hagenbach-Bischoff, of Bale, formulated a different rule which is finding favour in Swiss cantons. The quota which will ensure the apportionment of all the seats among the lists without remainder is ascertained by trial. In practice the same results are obtained as with the d'Hondt rule. Full directions for applying the rule are contained in Clause XIII. of the law adopted for the canton of Bale Town.--Appendix IX.]

[Footnote 7: For recent French criticism, see page 202.]

[Footnote 8: At Lille, December 1906.]

[Footnote 9: The new French Bill (_see_ Appendix X.) provides for the presentation of combined lists (_apparentement_).]

[Footnote 10: Cf. _La Repesentation Proportionelle en France et en Belgique_, M. Georges Lachapelle (1911) and the new report of the Commission du Suffrage Universel (No. 826, Chambre des Deputes, 1911).

M. Lachapelle recommends a new proposal, _le systeme du nombre unique_.

The electoral quotient for all const.i.tuencies would be fixed by law at, say, 15,000 votes. The number of deputies chosen at each election would be allowed to vary. Each list in each const.i.tuency would receive as many seats as its total contained the quotient. The const.i.tuencies would be grouped into divisions. The votes remaining over after the allotment of seats in each const.i.tuency would be added together, and further seats would then be allotted to the respective lists.]

CHAPTER IX

A COMPARISON OF LIST SYSTEMS WITH THE SINGLE TRANSFERABLE VOTE

"Les partis sont une inst.i.tution de la vie politiquo actuelle. Ils sont une partie, non ecrite, de la Const.i.tution."--P. G. LA CHESNAIS

_Influence of previous conditions_.]

List methods of proportional representation have been favoured on the Continent, the transferable vote in English-speaking countries, and the question naturally arises, whence this difference? It would appear from the history of proportional representation that advocates of the reform have always kept in mind local customs, and have adapted their proposals to them. Thus a list system of proportional representation was adopted in Switzerland because such a system was more easily grafted upon previous electoral conditions. This is the explanation given by Ernest Naville, who for more than forty years was the leading advocate of electoral reform in Switzerland, in a letter[1] addressed to the late Miss Spence of Adelaide, South Australia. "The Swiss Cantons," said he, "have adopted the system of competing lists. I do not think the system is the best, but, as it involved the least departure from customary practices, it was the system for which acceptance could be more easily obtained. My ideal is a system which leaves the electors face to face with the candidates without the intervention of lists presented by parties; that is to say, that the method of voting indicated at the end of the pamphlet[2] forwarded by you has my preference. It is the system which I, inspired by the works of Mr. Hare, first proposed in Geneva, but, in order to obtain a practical result, account has to be taken of the habits and prejudices of the public to which the appeal is made, and the best must often be renounced in order to obtain what is possible in certain given circ.u.mstances." In a further letter Professor Naville was even more emphatic. "I consider," said he, "the Hare system preferable to that of competing lists. I have always thought so. I have always said so. But our Swiss people are so accustomed to the _scrutin de liste_, or multiple vote, that we could not obtain from them the profound modification which would have been necessary to pa.s.s to the Hare-Spence system."

_Partly the basis of representation in a list system._

The long familiarity of the Belgian electors with the _scrutin de liste_ also paved the way for the adoption of the list system of proportional representation, but there is an additional reason why list systems have found favour on the Continent. Some continental writers consider that parties as such are alone ent.i.tled to representation in Parliament, and are not enamoured of any scheme which makes personal representation possible. This view is also taken by Mr. J. Ramsay Macdonald, who, speaking of the Belgian scheme, says that "it makes party grouping the most important consideration in forming the legislative order, and is therefore much truer to the facts of Government than any other proportional representation scheme."[3] The Royal Commission on Electoral Systems also seems to have accepted the continental theory, that "in political elections it is the balance of parties which is of primary importance." In England, however, representation has never theoretically been based upon party. The limited vote, the c.u.mulative vote, the double vote in double-member const.i.tuencies, have all allowed the elector complete freedom of action to follow party instructions, or to act independently. The electoral method has not been chosen to suit the convenience of party organizations; parties have had to adapt themselves to the system of voting. The single transferable vote in accordance with these traditions bases representation upon electors, and preserves to them freedom to vote as they please. So much is this the case that some critics consider it unsuitable for a system of proportional representation, and although Mill evidently regarded the Hare scheme not only as a system of personal representation, but as a plan for securing the representation of majorities and minorities in due proportion, the Royal Commission on Electoral Systems took the view that the transferable vote "was not originally invented as a system of proportional representation, but as a system of personal representation to secure the return of men as men, not as party units." Again, Professor Commons says that "the Hare system is advocated by those who, in a too doctrinaire fas.h.i.+on, wish to abolish political parties."[4] But in making this statement Professor Commons himself supplies the answer.

"They apparently do not realize," says he, "the impossibility of acting in politics without large groups of individuals, nor do they perceive that the Hare system itself, though apparently a system of personal representation, would nevertheless result in party representation." The more complete organization of parties is a direct consequence of the more democratic franchise now existing. Political action in modern times without organization is impossible. The Johannesburg munic.i.p.al elections in November 1909, despite the success of two independent candidates, showed that the most effective way of conducting elections with the transferable vote is that of organizations presenting lists of candidates. Indeed, so great a part does organization take in the political life of to-day that it is desirable, if possible, to have some counteracting influence. The transferable vote supplies this by securing for the elector the utmost measure of freedom of action.

This freedom of action is greatly appreciated by electors. A voter, asked after the Johannesburg elections to give his impressions of the new method of voting, stated that "the new system had put him on his mettle. He had never experienced so much pleasure in the act of voting; he had had to use his intelligence in discriminating between the claims of the various candidates." Voting with the single transferable vote ceases to be a purely mechanical operation, the voter becomes conscious of the fact that in voting he is selecting a representative. It is of little value to ask electors to exercise their intelligence if on the day of the poll they have no means of doing so. There was some complaint in Sweden after the first proportional representation elections because the new system compelled an elector, if he wished to use his vote with effect, to act rigidly with his party. With the transferable vote party action has sufficient play. Electors can freely combine and vote as parties, and effective organization will reap its legitimate reward. But the elector will not be constrained to act against his wishes. He will play an effective part in the election. In view of the great freedom conferred by the single transferable vote on electors, it is not surprising that the Royal Commission on Electoral Systems reported that the "Belgian system is foredoomed to rejection by English public opinion," and Mr. J. R. Macdonald states that "the British mind would not submit to this (the Belgian) simplest and most efficient form of proportional representation."

_The freedom of the elector within the party._

Even when representation is based, as in the list systems, upon parties as such, it becomes necessary to determine the degree of liberty that shall be allowed to the individual elector in the exercise of the franchise. If a party has obtained five seats and the party has nominated seven candidates, how are the five successful ones to be selected, and what part is the elector to take in the selection? There is considerable dissatisfaction in Belgium with that part of the system which enables the party organizations to arrange the order in which the names shall appear upon the ballot paper, although this order may have been arrived at by a preliminary election among members of the party. In the election of 1910 there was a considerable increase in the number of voters who exercised their right of giving a vote of preference to individual candidates. The extensive use of this right resulted at Brussels in the alteration of the order of election as determined by the party organizations, and Count Goblet d'Alviella points out that this will demand the consideration of the political parties.[5] Some device such as that of making the vote transferable within the list will be required in order to ensure that the majority within the party shall obtain its full share of the representation. As stated in the previous chapter, the French Parliamentary Committee felt it necessary to provide for the elector a greater freedom of action than is possible under the Belgian system. In the report issued by this Committee in 1905 the use of the limited vote was recommended; in the report of 1907 the c.u.mulative vote, which confers still greater freedom upon the elector, was proposed. In the Swedish system electors not only have full power to strike out, to add to or to vary the order in which candidates' names appear upon the ballot papers issued by the party organizations, but they have the opportunity of presenting a non-party list. The Finnish electoral law was deliberately framed so as not to interfere with or to check the liberty of the voter in making up the lists.[6] This law not only allows the names of candidates to figure on more than one list, but permits the voter to prepare a list of his own composed of any three of the candidates who have been duly nominated. In a list system two problems, the allotment of seats to parties and the selection of the successful candidates, have to be solved and the solution must in each case respect the personal freedom of the elector. With the single transferable vote the same mechanism solves both problems; it gives to each party its due proportion of seats, it determines in the most satisfactory way which of the candidates nominated by a party shall be declared elected, and it does not encroach in any way upon the elector's freedom of action. There is one point in which the single transferable vote differs essentially from the list systems. With the former the vote never pa.s.ses out of the control of the voter, and the returning officer can only transfer the vote to some candidate whom the elector has named.

With the list systems adopted in Belgium, Switzerland, Sweden and Finland, or with that recommended by the French Parliamentary Committee, a vote given for any one candidate is also a vote for the party which has nominated the candidate, and the vote may contribute to the success of some candidate of this party whose election the voter did not desire to advance. This fact explains the difficulties which have been a.s.sociated with the formation of cartels in Belgium. A cartel is an agreement between two parties to present a common list, and if, as has taken place in some of the Belgian const.i.tuencies, Socialists and Liberals present a combined list, a Liberal by voting for one of the Liberal candidates of the cartel may contribute to the success of one of the Socialist candidates. The Socialist voter may, on the other hand, contribute to the return of a Liberal candidate. For this reason some Liberals and some Socialists refuse to support cartels. In Sweden it is possible that the elector's vote may, if he make use of a party ticket, contribute to the return of some candidate whom he may have struck off the list. If two parties agree to place the same motto at the head of their respective lists, which may be quite distinct, a member of one party may help to elect an additional candidate of the other party. Yet a list system affords no way by which votes can be transferred from one party to an allied party save by a cartel; if transferred at all they must be transferred _en bloc_ from one party to another party, and not from one candidate to another candidate, in accordance with the expressed wishes of the elector. Mr. J. R. Macdonald states that "proportional representation seeks to prevent the intermingling of opinion on the margins of parties and sections of parties which is essential to ordered and organic social progress." The statement is in no sense true of the single transferable vote which affords every facility for the intermingling of opinion on the margins of parties and sections of parties, whilst even in Belgium groups within a party have always presented a common list.