At 07:11 AM 11/8/2008, Chris Benham wrote:
Are you really comfortable supporting and supplying ammunition to a
group of avowed FPP supporters in their effort to have IRV declared
unconstitutional?

So many aspects, so little time ....

(1) Brown v. Smallwood outlawed preferential voting, period, in Minnesota. Part of the current problem is that FairVote made a highly suspect interpretation that tried to assert BvS as being only about Bucklin, not about a sequential elimination method like IRV. This was based on a comment in BvS that was practically dicta. Other parts of BvS made it very clear that casting multiple votes in a single election was considered unconstitutional by that court.

(2) Brown v. Smallwood was quite a questionable decision, neither following the precedents of other courts, nor, in turn, followed by other courts. So its application remained in Minnesota.

(3) As soon as the suit was filed in Minnesota, I recommended to activists favoring other methods that resources be put together to file friend-of-the-court briefs arguing (1) that BvS applied to all forms of preferential voting and, specifically, (2) it did not specially apply to methods that fail LnH, and, in particular, applied to both IRV and to Bucklin. And that (3) the decision itself should be totally overturned.

(4) The danger was that BvS would be confirmed based on LnH failure of Bucklin, legitimizing *only* sequential elimination methods. Thus Minnesota would get IRV, which, it turns out, is a very questionable and, at best, shallow reform; but better and simpler reforms would remain impossible.

(5) One exception: what might be the most sweeping reform of them all is available with IRV as a base: Asset Voting. It was actually invented by Dodgson (Lewis Carroll) as a tweak on STV. All that one has to do is to assign any exhausted votes to the first preference candidate on the exhausted ballot. However, this does not satisfy LNH, technically, even though it clearly gives the voter maximum power to influence the outcome. (The vote only transfers to the "elector" if the vote would otherwise be wasted. Since it would go to the first preference candidate, it cannot harm that candidate. However, it fails LnH with respect to lower preference candidates, under what would probably be rare contingencies.)

Politically, I'd prefer to see IRV outlawed based on a pure confirmation of BvS, than to see the partial overturn based on a specification of BvS as applying only to LNH failing methods. But better than both these outcomes would be a simple overturn of BvS as an abberant decision.

And, yes, that would allow Minneapolis to proceed. I've become *very strongly* opposed to IRV, but one of the ways that the general public is going to come to this position is to have examples in front of them. IRV actually behaves badly, compared to top-two runoff, in terms of the opportunities afforded to independent and third-party candidates, who have *much* more chance of being elected under top-two runoff than they do under IRV.

IRV will elect an "independent or third party candidate" when this candidate was a frontrunner, and would have won under FPTP (Plurality). Circumstances where other than this happens are limited to spoiler-effect scenarios, where there is a strong third party candidate, and what I might call distorted vote transfers.

It turns out that vote transfers generally reflect the opinions of a subpopulation that, much more than theorists have expected, reflect the general opinion. That is, if, say, 60% of all voters prefer A over B and C, and C is eliminated, the C voters will generally favor A over B by roughly the same ratio, i.e. 60% of the transfers will go to A. Yes. This means that the plurality winner of the first round will go on, after transfers, to win the election. From the experience so far in the U.S., it *always* happens. But nearly all these elections, so far, have been nonpartisan elections. In partisan elections, it may shift. Or may not, we don't know. Historically, in Ann Arber, there was a reversal of the first round result, due to the strength of the Human Rights Party and thus vote transfers to the Democratic candidate. We might note that HRP strength was ultimately demolished after the victory.... but I'm not sure what that means.... (The HRP became, eventually, the Minnesota Green Party.)

With top-two runoff, something quite different happens. About one-third of the time, the runner-up in the first round goes on to win the election. Why?

Well, it really should be studied. There are two possible explanations that come to my mind.

(1) A dark horse candidate that wasn't considered a possible winner managed to make it to second place; then, once this candidate was taken seriously and examined by the public, a decision regarding true preference was made.

(2) Voter preferences didn't change, but voter turnout did. This, by the way, will shift the result toward what Range voting would produce. Reduced voter turnout has generally been considered a bad thing. That may be a shallow oversimplification, or, quite simply, not true. As long as the difficulty of voting isn't somehow biased (i.e., for example, voting is made very easy in affluent neighborhoods, and hard in poor ones), differential turnout will result in a decision that is more broadly satisfactory (in social utility terms). It is a sincere weighting of results according to preference intensity.

In reality, I think that both these causes operate. Top-two runoff gives minor candidates a much better opportunity to make their case to the voters; they need only get to second place, not all the way to first place. If the first election is IRV, however, it will be resolved based on the votes as cast in a single poll, and, because of the effect I've described above, it would be rare that a minor candidate would win.

The campaign for IRV in the U.S. found it necessary to turn to an economic and convenience argument in order to gain adoptions. In selling this, it was implied that IRV was merely a convenient short-cut to produce the same results as TTR. In San Francisco, the voter information summary, that a majority would still be required to win, was blatantly false, for the ballot measure itself removed the language from the election code requiring such.

Majority election requirements are a major safeguard in a democracy, and they've generally been swept away, when push came to shove. Further, access to runoff ballots by write-in candidates has been terminated. It was explicitly outlawed by San Francisco, and that was tested in the California Supreme Court, and sustained.

Voting systems theorists have generally ignored these details, preferring to stick to studying the simper single-round systems, and analyzing TTR only with an assumption that voter preferences are fixed things, and totally ignoring preferential turnout.

But the devil is in the details.

Because of differential turnout, Plurality is probably a better method than general election theory, neglecting the effect of preference strength on turnout, would predict. However, there is some suppression of this effect, I'm sure, in general elections, where many races are decided together. In a runoff election, there is more focus, voters turn out if they care about the result of that particular election.

By using Plurality with a majority requirement, and thus a runoff election is a possibility, the spoiler effect can be detected. However, even better methods for a first round are possible. It could be Bucklin, for example, or even IRV; however, IRV's "failure to find a compromise candidate" -- Robert's Rules strongest objection to sequential elimination preferential voting -- would leave this method unable to find a condorcet winner. Unless.

Unless write-in candidates are allowed in the runoff rounds, as they were in Long Beach, California, and which is the norm in California unless specific laws prohibit it. There, the mayor was prevented by term limits from being on the ballot. She ran anyway, and got a first-round plurality. Still not allowed to be on the ballot in the runoff, she won with a plurality in the second round (there was another write-in candidacy that prevented her from gaining a second round majority).

This really should be understood. Majority vote, FPTP with a majority requirement or the balloting is repeated, is Condorcet-compliant. All the supporters of the Condorcet winner have to do is vote consistently with their preference, which is true with any method. And, yes, the number of ballots is theoretically unlimited, except that in real practice they don't go on forever. However, Asset Voting addresses this brilliantly, allowing *negotiation* to determine the winner, additional polls would probably never be necessary, but the salutary effects of top-two runoff would remain (because the winner is utterly unconstricted, presumably, could even be a person who wasn't on the original ballot.)

At present, I'm promoting one simple idea: the best method (most in current use in the U.S. is Top Two Runoff, because it allows voters to truly reconsider their votes, making it possible for a dark horse to win, and actually doing this in maybe one election out of ten or so. To replace this with IRV on the argument that it saves money is, besides being quite speculative and quite possibly wrong, penny-wise and pound-foolish, if we place value on democratic and majority-rule values. IRV is a plurality method, it cheerfully (and usually in the U.S., whenever a majority wasn't obtained in the first round, i.e., when votes are transferred) elects with only a plurality of the votes.

Will you have any complaint when in future they are trying to do the same
thing to some Condorcet method you like and IRV supporters help
them on grounds like it fails Later-no-Harm, Later-no-Help, and
probably  mono-add-top?

Unlikely.

But I think I addressed this. BvS should be overturned. IRV should be allowed in Minneapolis, though possibly some details should be addressed. I particularly dislike that IRV is sold as somehow respecting majority rule, because the practical result of IRV is quite the opposite. Lewis Carroll addressed this over a century ago, inventing what we now call Asset Voting as a method of enfranchising the common voter, who easily doesn't have the knowledge to rank multiple candidates, but knows the one candidate most trusted.

The problem of exhausted ballots gets swept under the carpet by IRV promoters, who have attempted, generally, to minimize or distract from it. IRV is sold as if all ballots will be fully expressed; but in Australia, often cited as an example of how IRV works, that is accomplished by considering ballots as spoiled that aren't fully ranked, a provision that is unlikely to fly in the U.S. In areas in Australia that use Optional Preferential Voting, ballot exhaustion is common, and, of course, election by plurality is, likewise, and the phenomenon of "comeback elections" turns into practically universal election of the first round winner (i.e., the method almost exactly duplicates Plurality.)

FairVote got stuck on IRV long ago, because of their long-term goals, and generally disregarded the election methods community and all the built-up expertise on the topic, in favor of political strategy and promotion, decided centrally by the organization (and possibly by, in effect, a single individual). As a result, they may indeed be showing some success, but with a method vastly inferior to what is possible. Bucklin was used, worked, and should do at least as good a job of dealing with the spoiler effect as IRV. It's more likely to find a majority (possibly one out of three majority-failure IRV elections would find a majority, because Bucklin is more efficient at finding majorities). It's cheaper to implement, because it is simply a sum-of-votes method, precinct summable. Combine Bucklin with a true majority requirement, you'd have quite a sophisticated method. And there are many other possibilities.

Range, of course, is ideal, properly implemented, because it uses the best method for evaluating election outcomes as the method itself. And it can be made Majority Criterion compliant (though runoffs when needed.)

(Chris wouldn't agree about MC compliance, but by that, I mean that a majority have approved the winner. They might have preferred someone else -- but that is only theoretically a problem, it's quite unlikely in actual practice unless voters have no knowledge of who is likely to win.)


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