Year XVI -N.10/2000

 

 

 

 

 

Livio Caputo

The surreal outcome of the U.S. presidential elections draws our attention to the infinite and often contradictory ways in which the world applies democracy.

If there were still any doubts about the fact that no electoral system is perfect, the surreal events of the disastrous U.S. presidential elections dispelled any uncertainties.

In reality, the American presidential election system, which places greater importance on States than individuals, works well with so-called “large numbers”, where the distance between candidates is great enough to avoid disputes, or if a dubious local result has no bearing on the final outcome of the race for the White House... But when every vote counts, as it did on the 7th of November, all the shortcomings of the system materialise and you may even go as far as comparing the world’s only superpower to a banana republic, without fear of contraction.

For the first time ever, the fight between Bush and Gore took two weeks of anguish to reach the bitter end during which time the most extraordinary facts came to light.

Each of the thousands of counties that make up the United States is free to decide on its own voting method which range from “Italian-style” manual ballot papers to those with mechanical perforations, from electronic to postal voting and voting via Internet, with a dazzling array of variations in between. Where they are permitted, postal votes are valid even if they arrive ten days after election day, providing that the date stamp demonstrates they were posted on time.

There is no federal electoral law that all counties must abide by, except for a law delegating the choice of President not to popular, national vote but to a college of “great electors” selected by individual States according to the size of population.

There are 51 different electoral laws, one for each member of the federation, often inspired by different criteria, especially when it comes to the obligatory registration of those wishing to exercise their right to vote.

Do recent events prove that the U.S. electoral system, which dates back to the end of the 18th century, is too complex and outdated? It is true that the system is heavily flawed, that the different laws generate confusion and suspicion in other States and that this may affect the democratic legitimacy of those elected. However, the system has the merit of continuity: it was born with the nation and has accompanied that nation, for better and for worse, for over two centuries and, in a sense, has contributed to making America great. It is part and parcel of the country’s heritage. Any attempt to change things would lead to upheaval and interminable diatribes between federalists and localists, champions of central power and tireless defenders of State autonomy, traditionalists and the more efficiently-minded.

The huge variety of electoral systems throughout the world demonstrates not only the lack of a formula for the perfect democracy, but that it is impossible to agree on the requirements needed for a system to be considered acceptable. The so-called Westminster model, based on a single-ballot, pure majority vote, exported by Great Britain all over the world during decolonisation, has served its fatherland well. Nevertheless, it has lent itself, and continues lending itself, to all manner of abuses of power and collusion in numerous African and Asian countries.

The system has often been criticised in white Commonwealth countries with an affinity with the United Kingdom. New Zealand abandoned the system after a century (although it regretted the decision almost immediately) because it failed to represent the Maori minority. English-speaking Canadians complain that in French-speaking Quebec, the uninominal college favours separatists.

Whilst purists may consider the various systems of proportional representation to be the utmost in democracy insofar as they give equal importance to all votes, they also tend to break up political parties with adverse effects on the stability of governments. Hence the attempt by many countries to rectify its failings by introducing a 3, 4, 5 or even 10% threshold of the popular vote.

The real problem with all changes to electoral law is that since no system can be considered to be neutral, it ends up by favouring one political party or another and in so doing, democracy as a whole looses credibility.

For instance, nobody disagrees that France is a democratic country. Yet before arriving at the present “majority two-ballot system” that is much admired in Italy, the French changed the rules of the game four times in half a century. The aim was either to promote stability or give a helping hand to a flailing party in power or, more recently, to oust out Jean Marie Le Pen’s National Front party considered unconstitutional by his opponents despite being voted by 12-15% of the electorate. To understand the potential hazards of changing the electoral rules, we don’t need to look far. Ever since the referendum proposed by Segni which resulted in Italy abandoning the system of proportional representation set up at the birth of the republic in favour of a mixed system - 75% majority and 25% proportional for the House of Deputies with a further variation for the Senate -we haven’t stopped arguing for a minute and we have been inundated with proposed reforms of every conceivable kind. For two or three years, there were endless debates on the relative merits of a pure majority system (UK model), a majority two-ballot system (French model), a proportional system with a minimum threshold (German or Spanish models), Chancellorship, and so on... Not surprisingly, each party fought not for the best overall system (which does not exist) but for the system that was expected to give the best chance of success in the next elections.

The problem is that the effectiveness of an electoral system may vary with circumstances, especially in a system such as ours that is yet to settle down. At the end of the day, the Centre-Left coalition campaigned for and attempted to approve a certain reform against Italian tradition and with the sole votes of the majority because, after signing an agreement with the Lega Nord, the Casa delle Libertà coalition realised that the infamous “Mattarellum” proposal would guarantee them the best results. If we look further afield to the European Union and future common home, we see that the Fifteen have fifteen different electoral systems. Four Members (Belgium, Finland, Luxembourg and Portugal) have opted for pure proportional representation (with various variations on the theme). One Member (Ireland) has a highly complex proportional system with transferable votes. Five Members (Spain, Austria, Denmark, Greece and Holland) have a proportional system with a minimum threshold, though each system has been given a particular slant to meet individual objectives.

One Member (Germany) has adopted a highly scientific mixed proportional system that is unique the world over and an authentic brainteaser.

If we move on to the three Members that have adopted a majority system of some kind, we see that only the British system can be summed up in a nutshell. The 659 candidates of the 659 constituencies who obtained the greatest number of votes are eligible for the House of Commons. Given that in France (as here in Italy), political parties abound, the French have adopted a two-ballot system where an absolute majority is required in the first round. Candidates who achieve over 12.5% of votes are eligible to stand in the second round where a simple majority is sufficient. Supporters of this system maintain that whilst it enables all parties to take part in the first round without distorting the final outcome, it promotes pacts between “similar” parties in the second round so simplifying the parliamentary process.

In actual fact, it also favours a market of “stray cows”, but since it also guarantees a high degree of governability, it is worth taking into consideration. As far as the Italian system is concerned, it must be said that the current mix of majority and proportional votes is an entirely Italian invention that cannot be found anywhere else in the world.

This does not necessarily make it wrong. It simply means that the balance of power in Italy cannot be found elsewhere.

Which system gives voters the best idea of which government their votes will go to and who that government will be lead by? Generally speaking, the answer should be the “majority system” (at least until the deputies change sides), but we cannot ignore the German exception to this rule. All in all, there is something for everyone. Many apologies to the United States which, despite the chaos, gave us all a lesson on democracy that not everyone would have been capable of.