Posted by David Schleicher, guest-blogging:
Why Is There No Partisan Competition in City Council Elections? The Role of 
Election Law


http://volokh.com/archives/archive_2008_12_07-2008_12_13.shtml#1228735775


   First, I want to thank Eugene and all the other Conspirators for the
   opportunity to post this week. It should be fun.

   This election year featured all sorts of historic and surprising
   events. One of the stranger debates, however, dealt with an election
   that will take place in 2009. The New York City Council debated and
   ended up passing a [1]revision to the city�s term limits law that gave
   its members and other city officials, most prominently Mayor Michael
   Bloomberg, the ability to run for a third term in office.

   That politicians would act in a way that -- whatever the merits --
   ended up benefiting themselves is not particularly odd or surprising.
   Even so, this decision took some serious chutzpah on the part of the
   Council. The two-term limit was passed in a popular referendum and
   then reaffirmed in a subsequent referendum, in which voters explicitly
   chose a two-term limit over a three-term limit. What was particularly
   surprising about the debate, though, is that the revision had the
   support of much of the city�s goo-goo establishment: [2]its
   [3]newspapers, prominent supporters of term limits like [4]Ron Lauder,
   who funded the original term limits referendum campaign, and its
   business leaders, which had pushed the idea from the start. ��The very
   groups we might expect to oppose such a move were actually the forces
   behind it.

   It is clear that the reason for the change, and the reason it was
   supported by all of these groups, is the overwhelming popular
   [5]support for Mayor Bloomberg (he had the support of nearly 70 % of
   New Yorkers before the term limits revision and still had nearly 60%
   support after).

   However, even popular Presidents don�t generate much support for
   repealing the 22nd Amendment. What differentiates this situation is
   that Bloomberg had no logical successor. If a President is popular at
   the end of his term, voters can support a co-partisan and get many of
   the same policies. At the city level, that�s not so � there is no
   Republican or Independent successor to Bloomberg, as there is almost
   no consistency in the policy stances of co-partisans on local issues.
   �� Further, there is little reason to think that the crucible of
   electoral competition will force politicians to adopt popular policies
   � even at the Mayoral level, general election competition is spotty
   and below that it is almost non-existent. To get Mayor Bloomberg�s
   policies, city residents have to vote for Mike Bloomberg; there is no
   substitute. Thus, the decision to extend term limits made sense to
   those who support Bloomberg, even those like Ron Lauder, who also
   support term limits.

   We take this state of the world for granted. But there has been little
   effort to explain the oddly uncompetitive nature of big city electoral
   politics, and the efforts that have been made have been
   unsatisfactory. My [6]paper, �Why Is There No Partisan Competition In
   City Council Elections? The Role of Election Law,� tries to provide a
   serious, theoretical treatment of the lack of partisan competition.
   Although it is directly aimed at the question of city council
   elections, if it is successful, it should explain much more about
   urban politics.

   My next post will provide an outline for a week of posts. I look
   forward to spending the week with all of you.

References

   1. 
http://cityroom.blogs.nytimes.com/2008/10/23/council-to-debate-term-limits-change/?scp=2&sq=term%20limits%20business&st=cse
   2. 
http://www.nydailynews.com/opinions/2008/09/21/2008-09-21_run_mike_run.html
   3. 
http://www.nytimes.com/2008/10/01/opinion/01wed2.html?scp=3&sq=term%20limits%20editorial&st=cse
   4. http://www.nytimes.com/2008/10/01/nyregion/01support.html
   5. http://www.reuters.com/article/marketsNews/idUSN2145813020081121
   6. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1122422

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