At 01:23 PM 11/6/2008, Kathy Dopp wrote:

I posted three of these most recent affidavits of the defendants of
Instant Runoff Voting and STV here:

http://electionmathematics.org/em-IRV/DefendantsDocs/

The first two docs listed are by Fair Vote's new expert witness.

11AffidavitofDavidAusten-Smith.pdf

The summary of the paper, tells us right away what we are facing. (hand copied from the PDF image.)

BACKGROUND
1. I am presently the Peter G. Peterson Professor of Corporate Ethics at the Kellogg School of Management, Northwestern University. My curriculum vitae is attached as Exhibit A. A true and correct copy of my 1991 article, "Monotonicity in Electoral Systems" is attached as Exhibit B.

INTRODUCTION
2. In paragraphs 4-8 of this affidavit, I explicitly address the issue of the monotonicity of Instant Runoff Voting (IRV). Although IRV is subject to the possibility of non-monotonicity, I argue that this issue is largely irrelevant to the appeal of any given rule. In particular, every reasonable voting rules suffers from the same problem when there are at least three candidates for office.

3. In paragraphs 9-14 of this affidavit, I briefly review the import of Arrow's Theorem, which demonstrates the impossibility of identifying any wholly satisfactory voting rule for aggregating individual preferences over more than two candidates. See Kenneth Arrow, Social Choice and Individual Values, (1st ed., 1951); Kenneth Arrow, Social Choice and Individual Values, (2nd ed., 1962).

Paragraph 1 gives us some useful background. The work he did, on which he may be basing his present opinion, predates the widespread realization, among election methods experts, that Arrow's theorem does *not* state what he is claiming. Arrow, in particularly, set up his definition of "voting rule" in such a way as to exclude, even from consideration, rules which consider preference strength, which allow the expression of equal preference, indeed, which take, as input, anything other than a strict preference order, covering all candidates. If there are three candidates, Arrow's Theorem, as applied to practical voting systems (Arrow really wasn't writing about voting systems, as such, but about deriving a social preference order from the individual preference orders of the members of the society) would require the voter to rank all three, without any consideration of preference strength, so, for example, if the voter ranks Abraham Lincoln, Martin Luther King, and Adolf Hitler, the preference expressed for, say, Abraham Lincoln over Martin Luther King, or vice-versa, is equal, as far as the system is concerned, to the preference expressed for the least preferred of those two over Adolf Hitler.

Arrow's theorem, likewise, would not apply to Top Two Runoff, a system which IRV is replacing in Minneapolis. That is because a necessary condition for Arrow's Theorem to apply is that a method be deterministic, from a single collection of the preferences. Likewise, Arrow's theorem doesn't cover Bucklin Voting, the system which was outlawed in Minnesota by Brown v. Smallwood.

Thus, much of this paper is totally off the mark. But let's start with monotonicity. This writer explicitly states that "every reasonable voting rules suffers from the same problem." This is, in a word, preposterous. It is quite possible to argue, as he does, that the monotonicity problem is, in itself, of little practical import, though the non-monotonicity of IRV is a symptom of the erratic behavior of the method, something easily seen in Yee diagrams. Only in a situation where there are two strong candidates, which effectively converts IRV into a fancy version of Plurality, does the behavior appear stable. However, to argue that every voting system is non-monotonic is to make mincemeat of the concept. What has he done? Was this a mere mistake in his first paragraph.

No. He's pulled a bait-and-switch. He shifts the definition of "voting system." Arrow's theorem deals, as I mention above, with deterministic systems only, and monotonicity failure in IRV takes place in such a deterministic system. But in considering other voting systems than IRV, he pulls in consideration of primary elections, i.e., he is not considering the single elections using these other rules, but some larger process. Yet the analysis of such multiple-ballot systems, I'd bet dollars to donuts (I haven't read the papers yet), will assume fixed preference, i.e., the runoff is just an appendage to the primary, there is no new campaigning, no shift in turnout, no opportunity for the voters to reconsider their votes.

Austen-Smith does precisely this in his analysis in paragraph 5. He essentially claims that a primary/runoff system with majority rule suffers from monotonicity failure, using the same example as used with IRV. But this assumes fixed preferences, which is, in fact, preposterous as to real elections. Further, the whole concept of *seriousness* of monotonicity failure was impossible to examine under the old paradigms, where election methods were judged according to "election criteria" deemed "reasonable." "Seriousness" is something that, to be anything other than purely subjective, requires *measurement,* and only utility analysis can approach it.

If there is monotonicity failure resulting in the election of B instead of A, but the voters who voted for A actually are *almost* as satisfied with B, the failure isn't serious. On the other hand, if, for these voters, the preference is strong, it is, for them at least, a serious failure. And if we aggregate preference strength (Warren Smith does this by aggregating "Bayesian Regret," a measure of how much the election result deviates from the ideal result, as considered by each voter), over all voters, we have an overall measure of election quality.

IRV generally produces the same result as plurality, in nonpartisan elections; current experience in the U.S. is proving this. (So far, no counterexamples have appeared, in a substantial series of elections.) (I.e., the first round leader wins, vote transfers if more rounds are required do not shift the result.) However, when it elects without having found a majority of ballots cast, it is easy to show that it is almost certainly electing, in some cases, a candidate who would be rejected by the electorate in a runoff. How serious a problem this actually is would require study, and the data is not being collected. However, that fact is simple to show: in real runoff elections, as examined both by myself and by FairVote, there is a "comeback election" in about one out of three runoffs. The leader in the first round ended up losing the election, through an explicit vote.

IRV does *not* simulate top-two runoff, and Austen-Smith's argument here is thoroughly defective, practically obtuse.

The baseline democratic process, majority rule, is far more sophisticated, used as an election method, than is commonly understood by election methods experts, because that field went almost entirely toward consideration of single-ballot methods. Yet Majority Rule, strictly speaking, is a two-candidate method. For convenience, many ballots are collapsed into one, and that collapse can cause some problems. But uncollapsed Majority Rule, where, for example, an assembly might nominate A for an office and the question is then presented, "Shall A be elected?" This is a two-candidate election! The "candidates" are A and "no election." However, even before the presentation of the question, any member of the assembly could move to amend to substitute B for A. If the amendment passes, clearly the electorate prefers B to A. This process, through a series of votes, is, among other things, Condorcet compliant. That is, if there is a single candidate preferred over every other candidate by a majority of voters, this candidate will prevail.

Naturally, we don't do this for public elections. I'd argue that there is a way that we could do it, and it would restore pure democracy to public elections, but that is beyond the scope of this comment. The point is that systems which allow, as a contingency when there is majority failure, further polls, are generally more sophisticated than analysis of the voting rule used in each stage alone. *And that is with fixed preferences.* When preferences shift, as they do in the real world in such processes, they reflect the preferences of an electorate which has presumably become more informed. Thus Robert's Rules of Order expresses a dislike of any election method which is satisfied with less than a majority of ballots cast for the winner, and, even where they suggest preferential voting, giving an example that is, with the exception of one detail, the same as "instant runoff voting," they insist on that detail: if the vote transfers do not produce a majority of votes for a candidate, the election must be repeated. They also dislike eliminating candidates from the runoff, and the reason is that if you do top-two elimination, you may eliminate a very good, compromise candidate, i.e., even everyone's second choice, perhaps considered almost as good, or even as good, as the best of the top two, *by every voter.* (Remember, most voting methods do not allow the expression of equal preference, except at the bottom. -- i.e., I voted for Obama; I expressed equal preference for Nader and McCain, because the voting system doesn't allow me to rank more deeply than top preference.)

But Top-Two Runoff, supposedly, suffers from this problem, same as IRV. Well, it might seem so, and it is so, if the runoff ballot is restricted *and does not allow write-in candidates.* We are so accustomed to situations where write-ins don't have a prayer that we consider that taking a candidate off the ballot is the electoral equivalent of shooting him. However, take this genuine compromise winner off the ballot, and with an electorate that is at all awake (and it only takes a few to make sufficient noise), that candidate could win, even by a landslide, once it was made widely known that there was a write-in campaign). I would have been skeptical about this, myself, until I saw what happened in Long Beach, California, where a mayor, excluded from the ballot by term limit rules, was the plurality winner in a primary, and, with a runoff mandated and still excluded from the runoff ballot, won (slightly short of a majority, but plurality victory allowed in the runoff) the runoff. Long Beach is a town of almost a half-million people. This was not some small, quirky result. Write-in votes are a basic democratic right, and when that is chipped away at, as it has been, democracy is the loser. In San Francisco, write-ins used to be allowed in runoffs. There was one runoff election held before IRV was implemented there, but write-ins were not allowed. The rules were changed to prevent it; this was challenged and was sustained by the California Supreme Court. The decision turned on whether the primary and runoff were a single election or two. The court decided as if it was a single election, though, it is easy to show, it is two (different voters, in particular).

The first election determines two things: is there a candidate supported by a majority? If so, that candidate is elected. If not, the top two candidates -- as it's currently done, it *could* be done much better -- are given ballot position in the runoff, and no other candidates may be on that ballot. In San Francisco, though, they could register as candidates and votes for them would be counted. (San Francisco did not allow pure write-ins, but rather provided for easy registration of candidates, which apparently was considered adequate, and I'd agree.)

I'm not sure what the purpose of this affidavit is. Monotonicity failure should not be an issue before the Minnesota Supreme Court, except in one narrow way. The Brown v. Smallwood court discussed the electoral situation in terms that indicated that they would be displeased by a system whereby voting for your favorite could prevent that candidate from winning. I can see that it might be useful to see what arguments are being presented by the plaintiffs, here. Monotonicity isn't what I'd focus on; rather, I'd be more concerned about equal protection; IRV does not treat all *votes* equally. Rather, votes are conditional or contingent in IRV. In real IRV ballots, as being used in the U.S., only a limited number of preferences may be expressed; you may vote, in San Francisco, for up to three candidates. However, some elections have over twenty candidates *on the ballot.* In Top-Two Runoff as they used to have -- and with so many candidates, majority failure was common, so runoffs were common -- one could safely vote for one's favorite, period, and, generally, the top two were simply the frontrunners from the start, and then one could decide whether or not it was important to vote in the runoff, where a clear choice was presented (and the voters could look more deeply at each candidate, if they care.) (The effect of preference strength on runoff elections is a seriously understudied topic. It's been assumed that low runoff turnout is some sort of problem, when, in fact it might be a good thing. It depends, and without understanding preference strength, it's impossible to tell the difference.)

Now, though, candidates are winning in San Francisco with less than a majority of votes cast, as little as under forty percent. There are a number of possible causes:

(1) Voters are voting sincerely, and sincerely prefer three candidates on the ballot to either frontrunner. (2) Voters are truncating their votes due to lack of sufficient knowledge, perhaps. They know whom they want, so they vote for that candidate, and leave it at that. A variation on this possibility is that they detest all the candidates except, perhaps, the one they voted for. (Note that sincerely voting for a write-in considered to have no possibility of winning is actually a reasonable strategy in Top-Two Runoff, if one thinks that this favorite candidate, not on the ballot, might win a runoff. By casting a valid vote, one's vote is included in the definition of "majority." Robert's Rules even includes in the basis for majority, ballots with "No" written on them, but not blank ballots. (The Libertarian concept of requiring None of the Above on ballots is actually standard process under Robert's Rules, i.e., in pure direct democracy.) Voting systems theorists have, unfortunately, neglected these details, for obvious reasons: it's messy. But that's reality.

In any case, if San Francisco wanted to stop paying for runoff elections, they had a much simpler recourse than IRV, one which would have produced quite the same election results: stop requiring a majority. That is what they did, in fact, they just did it with a fancy and expensive election system. If they wanted to continue to require a majority (which I certainly recommend), there are much better election methods than IRV. Bucklin, for example, which Minnesota recommended, is far easier to count, and it is slightly more efficient at finding majorities than IRV, because it counts, when needed, all the votes. Bucklin deals quite well with the spoiler effect. And it had long use in the United States. Why was it rejected? I've seen no good account. In Minnesota, it was quite popular, and the legal profession was generally perplexed -- or offended -- by Brown v. Smallwood, read the decision and the dissent and appeal for rehearing. It worked. In other states, where it was used for primary elections, it's been claimed by FairVote that only perhaps ten percent of voters were adding additional preferences, and that they were not shifting results. But that's normal behavior. *Note that this is what IRV is doing.* Results shift from the use of preferential voting, for the most part, only in partisan elections, where vote transfers exhibit consistent patterns; i.e., most first-choice Nader votes would, when Nader is eliminated, go to Gore. In spoiler elections, we see a few percent of votes, often less than ten percent, which shift the result; one does not expect those who sincerely favor Gore or Bush to cast additional votes; instead, only those who favor a third party candidate would cast lower preference votes for Gore or Bush.

(Again, in Brown v. Smallwood, though, we can see a possibly nonpartisan election where the votes shifted the result, causing Smallwood to win (in a clearly just result -- same as IRV would have done --, overturned by the court, which makes me suspect partisan bias; an unbiased court, finding a procedural problem in the method, after the lapse of time involved, would have recognized that the voters would be cheated by overturning the result, because they would have voted differently if the method had been Plurality. So they would have still outlawed Bucklin, but would have allowed the election to stand, the "harm" done to Brown was .... well, this reminds me of a recent U.S. Supreme Court case where "harm" was done to a candidate or to those who voted for him, by his not being promptly declared the winner pending clarification of the count.)

I would be very interested to know how Austen-Smith's 1991 paper was received. It's old. I've already examined some of the underlying assumptions; he builds a mathematical structure on them.

Now, as to Arrow's Theorem. In paragraph , after noting the "hit-or-miss" approach of comparing election methods using "reasonable" criteria, he claims that"

In 1951, Kenneth Arrow [...] proved a remarkable result: in effect, there exists no unequivocally satisfactory, or normatively appealing, voting rules.

This is good political spin. Without a qualifying "in effect," the statement would be plain wrong. Arrow's Theorem isn't about "voting rules." It is about something very narrow and specific, taking the collection of individual "preference lists" -- strict, complete preferences from members of a society, covering every possible choice -- and aggregating them to a single "social preference order." He showed that this process will necessarily violate one of a small set of supposedly "reasonable" criteria. And there is no doubt about his result, he proved what he proved.

But there are many "reasonable" voting systems which quite simply are not covered by Arrow's Theorem. I've mentioned some exceptions above: muliple-ballot systems, such as Top-Two runoff, or standard majority-required elections (multiple ballots until you get a majority) per Robert's Rules. Systems such as Approval Voting ask a different question than "What is your preference order?" They ask, instead, "What candidates would you accept?" or, probably more to the point, "Which candidates, given practical realities as you see them, are you willing to support." Take a method like this an add a majority requirement, with a majority preference being necessary (i.e., if two candidates get majority acceptance, there is, likewise, a runoff), you've got an election method that isn't even contemplated by Arrow's Theorem. Allow the expression of ratings, you have got a method that, with sincere votes, produces a socially optimal outcome, maximizing satisfaction with the result. The complaints about this (this is Range Voting) are not based on violation of Arrow's criteria. They are, instead, based on alleged strategic voting, i.e., that voters will warp the outcome, supposedly, by exaggerating their votes. Again, this is not the place to argue what the best election method is, but there is, in fact, a published paper that shows that Range Voting is not only a counterexample to Arrow's Theorem (which must be restated to even apply to Range Voting), but is a unique solution. Unfortunately, the math is complex, and Warren Smith, a mathematician, has criticized the authors for using "notation from hell."

Nevertheless, the point is that Arrow's Theorem doesn't apply, even, to the system that IRV is replacing, Top Two Runoff. This is not to say that TTR is perfect, it isn't.

What Austen-Smith has done, and he's not the first, is to confuse a potential analytical technique (the translation of individual preference orders, presumably sincere, into an overall social preference order) with a political system, whereby a community makes decisions. It turns out that Social Preference Order isn't even very useful, because "order" neglects, entirely, preference strength. Far more useful would be, for example, a knowledge of the actual impact of each decision on each member of the society. Then, with some system of making individual welfare commensurable across the society -- not a simple problem, to be sure, but there are reasonable approaches -- one can determine a measure of overall benefit or loss from each possible decision. What the Range Voting people have done is to call the Range Vote a "Voter Satisfaction" measure. I.e., when you vote for a candidate, you are expressing your expected satisfaction with the election result, with, say, 10 indicating maximum satisfaction, and 0 indicating minimum. The expression for each candidate is unconstrained by the expression for any other candidate, but, of course, these are votes. It is as if, in such a system, you are casting ten votes, or, a better analysis, fractions of a vote, i.e., for each candidate, you are casting a vote in the range of 0 to 1. Thus, Approval Voting is a limiting case, it is simply Range Voting with only two possible "ratings."

Right away those who have been accustomed to using "election criteria" to judge election methods, when Brams proposed Approval Voting as a "strategy-free voting method," noticed that the sacred cow, the Majority Criterion, was apparently violated by Approval Voting. This was often translated into violation of "Majority Rule," FairVote propaganda does that, in criticizing Approval. But "Majority Rule," as I noted above, involves a bivalued choice. Approval violations of the Majority Criterion, allegedly -- there are problems involved in the definition of the Majority Criterion -- involve a situation where more than one candidate has been approved by a majority. If that's considered a problem (it's debatable), it's easy to fix, in a manner that would cover nearly every real situation: a runoff. But in real political elections, multiple majorities can be expected to be extraordinarily rare. As I've written, we should be so lucky. In U.S. Presidential 2000, for example, if the method in Florida had been Approval (think about it! no overvoting problem! Just Count the Votes!), multiple majorities would have required a significant number of voters to vote for both Bush and Gore. How likely is that? No, we'd see Nader/Gore, or Bush/Buchanan or maybe Bush/Libertarian, and some other combinations, much more commonly.

In any case, methods like this are a simple counterexample to the nonsense Austen-Smith has written about. I haven't examined his math, his results may be valid within the restricted field he sets, but the serious problem with his paper and his affidavit is that he draws unwarranted assumptions from Arrow's Theorem and from his own work. His work is far from general, but rather was more appropriate when it was written, a great deal of work has been done since then. It is no longer reasonable for someone familiar with the current work to make the claims he makes, and his testimony could be, I suspect, and should be, I'd assert, impeached on that basis.

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