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Don Klemencic's avatar

Ken,

I had the feeling reading this that I was not fully penetrating your "model" (I checked for synonyms, an online tool I've got in the habit of using frequently, but I wasn't really satisfied with any of them: "framework" was the only plausible alternative.) Accepting that term, it is certainly an ethical model. Also, a linguistic model: the critique of the word, freedom--its common use, its proper philosophical use, and its deliberately abusive use. (The "Ministry of Truth" in Orwell's 1984 came to mind.)

My context in reading serious discourse such as this is the question: "What is to be done?", which unpacks to 1. "What is the proper goal?" or "What are the proper goals, in order of importance?" and 2. "What are the best means to achieve the goal or goals?"

This paragraph of yours caught my attention: "To make voting a viable, practical exercise, and not merely a rite performed to maintain an undemocratic (from my perspective) polyarchy, we need to transform voting into a participatory selection process where people can determine whom they want to be their spokesman instead of representatives decide they should be representatives. Voting reform needs to entail not just ballot access but true reform where caucuses have no predetermined candidate and districts are shaped not by legislatures, but by interest groups. And all political fundraising MUST STOP. A candidate who asks for money is not a candidate I would select were there any others to select from."

It's occurred to me that analysis of political process can be built around two words: information and money. Information breaks in two parts: information (or disinformation) flowing to the voter, and information flowing from the voters regarding their choices. Money is essential to generate the flow of information to the voters, but also is central to all the corruption of the political system. (In the U.S. the corruption was profoundly set by the Supreme Court’s Abominable Trifecta: Buckley(1976), Belotti(1978) and Citizens United(2010), which wiped out over a century of reform regarding money in American politics, giving us the declarations that corporations have citizen rights, that money is protected political speech, and that, while explicit quid pro quo (stupid bribery) is illegal, implicit quid pro quo (smart bribery) is just fine.

Thom Hartmann in "The Hidden History of American Oligarchy" lists three enabling conditions for establishment of Oligarchy: 1. Corrupt the judicial process. 2. Make bribery legal. and 3. Muzzle journalism. Lewis Powell, a tobacco attorney in 1971, wrote in that year a Confidential Memorandum to the U.S. Chamber of Commerce entitled "Attack on Free Enterprise System" outlining a plan to reverse the trend toward democracy in America. In the same year Nixon appointed him to the Supreme Court. He held with the majority votes in both Buckley and Belotti, writing the majority opinion in Buckley. Corruption of the judiciary was a pre-condition for the Abominable Trifecta. The elimination of anti-monopoly legislation and the subsequent concentration of media ownership accomplished the relative muzzling of American journalism. The remaining step from Oligarchy to Tyranny is the control of the Executive branch by the Oligarchy, which may be accomplished in the coming Presidential Election if we can't stop it.

The ”participatory selection process” will require Ranked Choice Voting (RCV), eliminating the voter’s dilemma and the subsequent spoiler effect, and removing the protective shield of the Democratic/Republican Duopoly so that third party members and independent candidates may commonly be elected. The Constitution gives Congress the power to legislate the “Manner” of federal elections within the states, so it could mandate RCV in all future federal elections. This will probably require organized pressure from the American citizenry since the power of incumbency favoring the current member of Congress disappears with RCV. This vote will require statesmanship going against personal interest. In the context of RCV in federal elections, state parties will probably adopt RCV in state primary elections to make independent candidates less likely.

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Don Klemencic's avatar

Part 2, Continuing (comment size is limited):

A system of voter determined candidates such as you describe seems to me to require a relaxation of a constant, assumed regarding RCV—the assumption that the voter will only have to choose among a handful of candidates as a matter of practicality. This seems to assume that the voter is voting at a polling place where time in the voting booth is limited, precluding very many candidates to choose from. A national voter registry of voters, enabling a comprehensive vote-by-mail, eliminates the time constraint. Vote-by-mail seems to be a necessary precondition for having very many candidates. (It also happens to DESTROY voter suppression!) Perhaps each candidate could write a paragraph describing his or her positions and include a website for voters seeking more information. Obviously impractical for polling place voting, voting at home could be a leisurely process, perhaps stretching over weeks of deliberation. How many candidates would be practical in this circumstance? More than five or six, but I’m guessing less than a hundred. That number could be tailored by the stringency of the requirement for the candidate to be allowed ballot access: the higher the number of names required for a successful ballot access petition, the lower the number of names on the ballot. If, in retrospect, there were too many for this election, raise the ballot petition minimum number for the next election. Ballots designed for voting at polling places often list candidates in random order to avoid an “alphabetic bias”: a tendency to choose the first. In the leisure of home voting, with many candidates to choose from, random order would be a nuisance and alphabetic order preferred. Raising the number of names allowed on the ballot seems to obviate the need for a separate primary, a great simplification.

“districts are shaped not by legislatures, but by interest groups” brings gerrymandering to mind—districts drawn by partisan legislators to favor one “interest group” over another via “packing” and “cracking”. (“Crack” to spread them into separate districts where they will lose, or if there are too many of them to be denied any representation, “pack” them into one district so they will have only one representative, not two.) Reform makes creation of districts with maximal compaction the standard response, but the distribution of “interest groups” may be such that maximally fair representation would require oddly shaped “anti-gerrymandered” districts—something that will never be done. How can maximally fair representation then be accomplished? Consider multi-winner districts encompassing many of the current smaller districts. These are currently prohibited by Federal law, because with our inadequate one-choice-only plurality voting system multi-winner districts would likely result in the majority swamping all the positions. But that danger is avoided with RCV. With RCV then, the prohibition against multi-winner districts should be removed.

RCV voting in multi-winner districts is the same as in single winner districts, but tallying in the instant runoffs is more complicated, which I will explain. For the single winner district an absolute majority is ½ the votes + 1. For two winners this standard obviously doesn’t work. For two winners the “absolute majority” required of each is 1/3 the votes + 1. (There are not enough remaining votes to produce a third winner.) For three winners, it is ¼ the votes + 1. In general, for n winners, it is 1/(n+1)+1. Another modification in tallying is required. The surpluses held by the first winners over the necessary 1/(n+1)+1 would make it impossible for later winners to attain the necessary 1/(n+1)+1, so the first winners’ surpluses must be reassigned among the remaining candidates based proportionately on the second choices on their ballots. This will allow n winners who have each attained 1/(n+1)+1 votes. For this to work, the sum of all their votes must obviously not be greater than the sum of all the voters. For n = 2, 2*[(1/3+1)] = 2/3+2. For n = 3, 3*[(1/4+1)] = ¾+3. … For n winners, the sum is n/(n+1)+n: by inspection for any n, a fraction less than 1.

The standard description of RCV for multi-winner district has states with many Representatives divided into multiple super-districts rather than one, so the number of winners is never more than five. California currently has 52 Representatives in Congress, so it would have 11 super-districts. But we previously discussed allowing many candidates where the voting was universally done by mail to make it practical. Perhaps 52 winners, as with California, would still be too cumbersome and California would be divided into 2 or 3 super-districts.

Someone has suggested that the over-representation in lowly populated states like Wyoming, in comparison with highly populated states like California is an issue that could be addressed by assigning Representatives who represent more voters multiple votes. Maybe an unworkable idea, but I thought I’d mention it.

“all political fundraising MUST STOP”. This requires an overthrow of what I have called the Abominable Trifecta of Buckley, Belloti, and Citizens United. When a future election makes that possible, I hope to see Congress enact that legislation (and use their authority under Article III of the Constitution to tell the Supreme Court, “Hands off this legislation! Congress declares it out of your jurisdiction.”) While they are at it, judicial reform is needed. Since they are obviously political, eliminate lifetime appointments. Fifteen years seems appropriate to me. And make SCOTUS accountable to an independent Standing Committee. (I learned recently that “Standing” as opposed to “Special” implies a Committee’s time of existence is not limited.)

If even political donations of the size that ordinary people might give is to be eliminated, a mechanism for the costs of campaigning will have to be provided by some government process. Putting a strict limit on the size to some modest total that cumulatively would cover the expenses but not create the possibility of implicit quid pro quos seems more practical to me. And it provides the citizen an opportunity to express himself without being abusive. Perhaps money in modest amounts may be regarded as speech, if modest enough not to be taken as an attempt for special favors.

We need to reverse the benign (actually, NOT benign) neglect of anti-monopoly regulation, particularly regarding media. It will not be possible to suddenly return to the decentralized situation that existed decades ago, but a course needs to be determined to return to something like that, gradually but relentlessly. And the growth of a permanent monied aristocracy must be reversed. Reverse the tax cuts for the super-wealthy made by Reagan, G.W. Bush, and Trump, retaining the sops for ordinary people included to make them politically palatable. Restore weakened provisions regarding estate taxes. Eliminate the zeroing out of capital gains upon death. Make the heirs responsible for those taxes. Make income tax steeply progressive and eliminate all sales taxes which are retrogressive.

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