Applying Ranked Choice Voting to Congressional Elections. The Case for RCV with the Top Four Primary and Multi-Member Districts. Rob Richie, FairVote

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Applying Ranked Choice Voting to Congressional Elections The Case for RCV with the Top Four Primary and Multi-Member Districts Rob Richie, FairVote

American Exceptionalism: Inescapable Realities for Reformers Presidential system: Checks and balances here to stay Government-funded primaries & two-party system: More attention to primaries than general elections Pride: Nothing to learn from other nations

Where We Are: Winner-Take-All Breakdown Voters partisan rigidity: Growth / Extension to more elections Partisan skew in U.S. House elections: 55% of national vote not enough for Democrats to retake House in 14 Disconnections that may not be sustainable Approval of Congress vs. likely >98% incumbent retention rate Unaffiliated voters vs. increasing partisanship Growing racial diversity vs. resistance to accommodate it

Partisan Skew in House Elections

2014 Projections by Competitiveness: Big GOP Edge in Nationally Even Election Safe Republican: 202 Safe Democratic: 152 Likely Republican: 16 Likely Democratic: 13 Lean Republican: 12 Lean Democratic: 16 Toss Up (Slight R): 6 Toss Up (Slight D): 18 TOTAL REPUBLICAN 236 TOTAL DEMOCRATIC 199

Partisanship & Rise of Safe House Seats

Moderates Nearly Extinct in House DW-NOMINATE scores measure the ideological locations of Members of Congress

Increase of Heavily Partisan States: Presidential Elections, 1984-2012 Year Landslide States (>58%) Total Electoral Votes 2012 25 247 2008 26 275 2004 20 163 2000 20 166 1996 13 90 1992 5 20 1988 8 40 1984 9 44

A Growing Partisan Divide Average Presidential Election Partisanship of the 10 Most Democratic and Republican States 70% 65% 60% 55% Democratic States 50% 45% Republican States 40% 35% 30% 1988 1992 1996 2000 2004 2008 2012

Partisanship: Growing Voter Rigidity 30 Number of States Shifting Partisanship 5% or more between Presidential Elections (1960-2012) 25 20 15 10 5 0 1964 1968 1972 1976 1980 1984 1988 1992 1996 2000 2004 2008 2012

Partisan Rigidity in the U.S. House House Districts with mismatch between party and partisanship 1993: 113 1997: 93 2013: 26 Seat gains in 2012 largely limited to one s own partisan turf 0 Democrat gains in the 201 districts w/ GOP partisanship > 54% 0 GOP gains in the 275 districts w/ GOP partisanship < 57.7%

States as Laboratories of Polarization Rising Partisanship Down Ballot 34 states: Same party has monopoly control & won state in presidential election 40 state have monopoly state gov t / 45 have monopoly in state legislatures Southern transformation 1991: All 28 legislative chambers run by black-white Democratic coalitions. 2014: Only 3 (in KY & WV) rest are under Republican, nearly all-white control Partisan patterns in state legislative races North Carolina : 118 of 120 House winners in 2012 in districts favoring party Oregon: Democrats won 0 of 32 legislative districts won by Romney

Time for Reform: So where are reformers? Electoral reformers: Money in politics & boosting turnout Minority voting rights: Voting Rights Act & voter suppression Pundits: Enchanted with gerrymandering & closed primaries

FairVote: Focus on Structural Reforms Presidential Elections: National Popular Vote plan for president State-based plan has great promise to win by 2020 Single-Winner Elections: Ranked Choice Voting Winning in cities & poised to win in states / Top Four model Multi-Winner: Ranked Choice Voting ( single transferable vote ) Opportunities in voting rights cases / Focus on U.S. House

Why Focus on Ranked Choice Voting? American values: Choice is power. Ranking is freedom Candidate-based: Allows parties, but does not depend on them Bottom up solution to gerrymandering: Contrast with top-down Addresses problems w/voter turnout and money in politics Extends the sphere: Candidates need more votes to win / Our parties and legislatures more fully represent their big tents

.. And Toronto Mayor Rob Ford: Posterchild for Plurality Voting Defects

How Ranked Choice Voting Wins Today Replacing two-round elections: Saves money, maximizes turnout Wins in Minneapolis, San Francisco, Oakland & Memphis / NY City in 2014? Avoids spoilers : Insiders may back RCV after 3 rd party vote-splits Ralph Nader in 2000 / GOP in Alaska / Dems in Maine, Vermont, & Minnesota Toronto s Rob Ford, currently tied in 2014 election polls with 31% Voting Rights Act: Section 2 and state VRA cases Growing wins for related systems of cumulative voting & limited voting

Overcoming Barriers to RCV Election administration obstacles ending Complexity argument losing force over time Tipping point of use weakening local opponents Growing civic group interest sustaining wins Funders starting to take notice

The Promise of Top 4 Primaries Example of Top Four Ballot

Top 2 Primaries: What s Right -- and Wrong All voters can vote in primary elections they pay for. But at cost of party association being weakened Results in more competitive general elections. But only in rare and perverse instances when only one party is on general election ballot. Split votes often keeps out viable candidates. Ensures majority winner in November. But by eliminating all but two candidates in low-turnout, unrepresentative primaries

Why Top 4 Primaries With RCV Opens general elections: Weakens primary voters grip. Analogous to ending sore loser laws. Better on the terms of advocates of Top 2: Avoids 1-party general elections and shutting out of independents even as it increases elections with multiple candidates of majority party Compared to 1-round RCV: Fits with American ethos of 2nd look. Can see where candidates stand & zero in on the finalists. Allows simple, ballot design, with 3 rankings. Option to use RCV in opening primary vote as well when bigger field. Upholds association: More ballot information helps voters

Top 2 at Work in California, 2012 Potential split votes in 92 of 154 Top 2 primaries Congressional District 31 example: Obama wins 58%, but only 2 R s on general election ballot due to split vote in primary Only 1 independent made November ballot in district where at least 1 Democrat and 1 Republicans ran in primary On average, it took > 25% of vote to advance in June, yet turnout in November was more than twice as high

California: Contrasting Top 2 & Top 4 2012 U.S. House Elections Both major parties in general election Intraparty race in general election Independent candidates in general election Top Two Top Four (projected) 41 45* 8 43* 4 22* * Limited in part by number of candidates from this category on primary ballot

Washington: Contrasting Top 2 & Top 4 U.S. House Races, 2008-2012 Both major parties in general election Intraparty race in general election Independent or minor party candidate in general election Top Two Top Four (projected) 26 / 27 26 / 27 0 /27 25 / 27 1 / 27 10 / 27

Fixing the House Nationally: Multi-Member Districts & Ranked Choice Voting House elections demand national reform approach, not piecemeal: Yet independent redistricting alone is inadequate and problematic Long history of multi-member districts in House elections: Can be mandated by Congress without constitutional amendment Precedent : Congressional mandates for districts in 1842 and 1967 Our solution: RCV in multi-member Districts of 3-5 (in all states w/3 reps. Primaries: Use RCV as well and/or nominate from 1-seat districts

Limits of Redistricting Reform: Alabama Simulation Current Plan 6 R, 1 D Dem District Part. 1 36% 2 35% 3 35% 4 23% 5 34% 6 23% 7 71% GOP Gerrymander if no VRA: 7 R, 0 D Dem District Part. 1 32% 2 31% 3 33% 4 39% 5 39% 6 40% 7 37% Independent Redistricting (no partisan considerations) 5 R, 0 D, 2? Dem District Part. 1 35% 2 30% 3 50% 4 48% 5 31% 6 22% 7 32%

RCV in Multi-Member Districts Fair Representation Voting Alabama A District # of Seats Dem Part. Black VAP B A A 4 38% 24% B 3 35% 26% Partisan Breakdown Fair reflection: 4 R, 2 D, 1? Competitive Districts 100% competitive: All seats potentially competitive in every election Racial Representation Better minority voting rights: 2 black majority seats, 100% of voters can elect candidate of choice

The Impact of Ranked Choice Voting in Southern States: Summary Districting system Democratic Seats GOP Seats Swing Seats Black Majority Seats Current Plan 16 52 3 10 RCV in MMDs 25 39 7 16

Success: Shared Representation and Partisan Fairness Nationwide 47 Bal. 213 R Seats 175 D Seats 203 R Seats 32 Bal. 200 D Seats

Madisonian Representation w/rcv

Roadmap for Reform Academic and editorial consensus: Elite opinion shifts on the nature of our problem and the best way to solve it Political players become allies: Democrats (skew), Republicans (seeking real voter majority), independents and third parties Activist coalition of reformers: Money in politics, redistricting, civil rights, women s representation (Representation2020.com) Outside developments create openings: Other reform wins (NPV, Top 4) / 2-party system fraying (Americans Elect?) / Voting Rights Act transition / Ongoing government dysfunction