Tag: elections

Preliminary Results in Ukraine

Update: The results are finally in. With 98.5% of votes counted, Western-leaning parties (and independents) have done even better than expected, taking 311 seats. Pro-Russian parties took 112 seats, while 27 seats (mostly Crimean districts) remain unfilled.  In other good news, the populists, though represented in the parliament, did relatively poorly: Lyashko’s Radical Party took only 22 seats. Far right parties did even worse, with Svoboda obtaining only 6 seats, and Right Sector 2 seats. These results mark a major change for the Rada, which has typically had parliaments split almost 50/50 between pro-Ukrainian and pro-Russian parties, and will certainly presage a turn to the West for Ukraine. Unfortunately, Russia has also committed to recognize the results of the Nov 2nd rebel elections in Luhansk and Donetsk. The Rada election results are a major victory for pro-Western democracy, but the crisis in Ukraine is not over. 

Original Post: Yesterday, Ukrainian voters went to the polls to elect a new parliament, replacing the deputies elected prior to the Euromaidan protests of early 2014. In a piece at Al-Jazeera America published on Sunday, I highlighted a few ways in which the election results could impact Ukraine’s future relations with Europe, Russia, and the resolution of the ongoing crisis in Eastern Ukraine. Prior to the vote, a high level of uncertainty about the likely makeup of the Rada - especially the election of far right (ie, Svoboda or Right Sector) or populist parties (ie, Oleh Lyashko’s Radical Party) – was a major concern, as was the uncertainty over whether they might be represented in government. A new governing coalition will be instrumental in the resolution of the conflict, shaping how aggressively Ukraine pursues the rebels in the Donbas region.

Fortunately, initial exit polls today indicate reasonably positive results. The three mainstream pro-Western parties did well, with the Poroshenko bloc polling around 22.2%, the Popular Front at 21.8%, and surprise contender Samopomich, a Lviv-based moderate party, polling at 14%. These results are excellent news, as a governing coalition with no far right or populist elements should be possible. The far right party Svoboda will be represented in parliament, as will the populist Radical Party, but the latter did worse than expected, taking home only around 6% of the vote. Rounding out the major parties, Yulia Timoshenko’s Fatherland party also did worse than expected, taking just over 5% of the vote. The main surprise is the success of the Opposition Bloc, a successor to Yanokovich’s Party of Regions, which was not expected to obtain seats, but instead took around 7% of the vote.

These results are extremely preliminary, and as with pre-election polling, only give a broad national figure for how people voted. Thus, they predict the 225 seats which are allotted by proportional representation from them, but the remaining 225 seats are elected in each individual district, for which we have no exit polling data. The parties associated with Petro Poroshenko are expected to do well, but these are also likely to yield high numbers of independent candidates.  Full results are expected by Thursday morning.

Until we know the final makeup of the new Rada, as well as which parties ultimately will form the coalition government, it’s difficult to assess how the results will impact the ongoing crisis. Many citizens in Crimea and the Donbas were indeed unable to vote, disenfranchising as much as 19% of the population. The overwhelmingly pro-Western nature of the parties elected may be a double-edged sword: it will be popular with Western politicians, but it is in part a reflection of the disenfranchisement of Eastern Ukraine, and will not be truly representative. Despite this, Russian leaders appear to have accepted the results, signaling, hopefully, a willingness to work with Kiev in the future. Whether any government will be able to tackle Ukraine’s myriad problems is unclear. But while full electoral results will give us a better idea of what to expect from a new Ukrainian government, for now, the indications are reasonably positive. 

Bulgaria’s October 5th Elections: A Flashback at the Economic Records

Bulgarians will go to the polls on October 5th to elect new members of its parliament and thus a new government. Before casting their votes, voters should reflect on the economic records of Bulgaria’s governments since 1995.

Every country aims to lower inflation, unemployment, and lending rates, while increasing gross domestic product (GDP) per capita. Through a simple sum of the former three rates, minus year-on-year per capita GDP growth, I constructed a misery index for each of Bulgaria’s six governments since 1995 (see the accompanying table).

The Misery Index: A Look Back at Bulgaria’s Elections

With Bulgaria’s May 12th election fast approaching, it is useful to reflect on past elections and the resulting economic performance of each elected government. To do this, I have developed a Misery Index inspired by the late Prof. Arthur Okun, a distinguished economist who served as an adviser to U.S. President Lyndon Johnson.

The Misery Index measures the level of “misery” in the economy. My modified Misery Index is equal to the inflation rate, plus the bank lending rate, plus the unemployment rate, minus the annual percent change in GDP.

An increase in the Misery Index indicates that things are getting worse: misery is increasing. A decrease in the Misery Index indicates that things are improving: misery is decreasing. The accompanying chart shows the evolution of Bulgaria’s Misery Index over time.  

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The Socialist Party government of Prime Minister Zhan Videnov created hyperinflation and a lot of misery. The Misery Index under the Videnov government’s watch peaked at 2138 in the first quarter of 1997. That number isn’t shown on the accompanying chart—if it was, the chart would take up an entire page of Trud.

So, the chart starts in the second quarter of 1997, with the Kostov government. Shortly after Kostov took power, Bulgaria installed a Currency Board System, based on a draft Currency Board Law, which I authored at the request of President Petar Stoyanov. The Currency Board brought an end to Bulgaria’s hyperinflation, which peaked with a monthly inflation rate of 242%, in February 1997.

Supreme Court Should Clarify the Meaning of “One-Person, One-Vote”

As I wrote in January, the Supreme Court is currently considering – and will likely decide next week – whether to review a case, Lepak v. City of Irving, involving the constitutional principle of one-person, one-vote (OPOV). The specific issue is whether redistricting processes trying to comply with OPOV should equalize the total population in each electoral district or the number of citizens of voting age.  If the former, then a relatively small number of eligible voters in a heavily immigrant district can have their votes “over-weighted” compared to voters in other districts that are similarly populated but have far more eligible voters – as happened in Irving, Texas. Cato filed a brief supporting the challengers that highlighted the untenable conflict between OPOV and modern applications of Section 2 of the Voting Rights Act.

Over the last few days, several commentators have discussed this case and its implications -– including most recently Adam Liptak in the New York Times.  Most have presented the question facing the Court in Lepak as a choice between two competing theories of democracy: electoral equality (ensuring the equal weighting of voters’ votes) and representational equality (ensuring residents have equal access to representation).  For example, Liptak quotes University of Texas law professor Joseph Fishkin as describing the “enormous practical consequences” of a Court ruling that mandates electoral equality, which include “shift[ing] power markedly at every level, away from cities and neighborhoods with many immigrants and children and toward the older, white, more exclusive native-born areas.”  But this framing of the issue as a mutually exclusive “choice” rests on two crucial assumption, both of which are deeply flawed. 

First, most basically, it’s a false choice.  Electoral and representational equality aren’t mututally exclusive.  States and cities can –and almost always do, albeit unconsciously – create districts that meet both criteria.  That’s because equalizing population between districts will almost always equalize voting power too.  But even in the exceptional case where there are geographic concentrations of disproportionately non-citizen populations in a particular political subdivision, districts meeting both criteria can still easily be formed.   Legislators routinely draw districts that satisfy multiple goals – for instance, equal numbers of total population and certain partisan majorities.  If a state or city pursued both electoral and representational equality as apportionment goals, Fishkin’s parade of horribles would easily be avoided.

Second, Fishkin’s framing incorrectly assumes that OPOV can be met either by equalizing voting power or by equalizing representational access.  But OPOV isn’t some kind of constitutional either/or.  Indeed, as the name itself suggests, the constitutional requirement is one-person, one-vote, not one-person, one-equal-share-of-access-to-representation.  The Supreme Court has made clear that the person being protected by the doctrine is the voter and the thing being protected is the weight of that voter’s vote.  Thus the Court “simply stated” the OPOV doctrine as follows in the 1964 case of Reynolds v. Sims: “An individual’s right to vote for state legislators is unconstitutionally impaired when its weight is in a substantial fashion diluted when compared with votes of citizens living on other parts of the State.”  In other words, the right of a voter to an equally weighted vote stands on its own constitutional grounds.  This right doesn’t somehow evaporate when a city or state creates electoral districts containing equal populations.

This same flaw infects the reasoning in the three circuit court cases that have previously addressed this issue (whose divergent reasoning itself begs Supreme Court instruction).  As the lawyers representing the Lepak plaintiffs – one of whom I should mention is a former co-clerk of mine – put in a recent article in the Texas Review of Law and Politics:

Each [of the lower-court decisions] treats representational equality and electoral equality as morally and constitutionally equivalent. But this is putting the cart before the horse. Even assuming there is a constitutional right to equal representation, in the hierarchy of constitutional rights, electoral equality clearly reigns supreme. The Supreme Court has noted the right to vote is “preservative of all other rights,” and it is. Before there can be any meaningful representation, the right to vote must be protected and secured. In any “clash” between the right of a voter to an equally weighted vote and the right of a nonvoter to equal representation, the right of the voter trumps. 

By ignoring this reality and imposing literally no limits on how severely a city or state could dilute the weight of its voters’ votes, Garza, Daly, and Chen set a dangerous precedent. In those cases, vote dilution was as high as fifty percent. That result is pernicious enough. But it is just the tip of the iceberg. Under the holdings of these cases, so long as the total populations between the districts are equalized, a city could arbitrarily “choose” to make one voter’s vote worth two times, ten times, or even ten thousand times as much as another voter’s vote. Under these cases, any of these “political choices” would be acceptable. Yet how could any of these results be squared with the Supreme Court’s categorical holding that a voter has “a constitutional right to vote in elections without having his vote wrongfully denied, debased, or diluted”?

It’s a good question, and one the Supreme Court will hopefully soon answer.

Changing the Electoral College Game

Article II of the United States Constitution states: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress” to elect the president. The phrase “in such Manner” does not obviously restrict the way electors may be rewarded.

Even before the last election, some people had proposed changing the way states award electoral votes. The National Popular Vote effort, for example, proposed a compact in which states with a majority of the electoral votes agree to award their votes to the winner of the popular vote for president. Now other people, mostly Republicans, propose that states award each of their electoral votes to the winner of each congressional district in a state.

This proposal is highly partisan, but it is not outlandish. Two states, Nebraska and Maine, now award almost all of their electoral votes by congressional district. In each state, two of their electoral votes (the two they get because of equal state representation in the Senate) go the state-wide winner of the popular vote.

However, proponents of the “district proposal” have not suddenly been convinced of the merits of presidential elections in Maine and Nebraska. Rather, they are beguiled by the thought that Mitt Romney would have won in 2012 had electoral votes been awarded by congressional district.

Here we find the first problem with the proposal: it concerns the past not the future. Much like those liberal Democrats who wished to change the filibuster rule because Sen. McConnell (R-KY) frustrated the president’s desires on health care, some Republicans now wish to change electoral rules in response to the 2012 disaster.

It is unlikely that states governed by Democratic majorities in the legislature would adopt this proposal. Let’s assume they would, however, to think about what might happen.

The “district proposal” would increase the value of partisan redistricting since the presidency as well as the House would now depend on the composition of congressional districts.

The “district proposal” might change nothing. If the partisan majority in every state legislature has already maximized its share of congressional seats, nothing changes. I think that would be the case for most states controlled by the GOP.

Democracy Versus Autocracy in Kuwait: Where Is Real Liberty?

KUWAIT CITY, KUWAIT—This small Gulf nation was largely unknown in America before Saddam Hussein’s Iraq invaded more than 20 years ago. The United States intervened to drive Iraqi forces out. Kuwaitis remain grateful to Americans and emphasize their friendship with the United States.

Although a monarchy, Kuwait has an elected parliament and a generally free media. It regularly invites foreign analysts and journalists to observe its elections. I am making my second trip this year.

Tremors from the Arab Spring are being felt here. The parliament elected in 2009 faced charges of corruption and lost popularity, and was dissolved at the beginning of the year. Elections were held in February.

All very democratic.

The new legislature was dominated by anti-government activists and, more important, Islamists. Top of the latter’s agenda was making Sharia the basis of all laws, imposing the death penalty for blasphemy, and closing Christian churches. Not very good for liberty.

The Kuwaiti emir, Sheikh Sabah al-Ahmad al-Sabah, said no to all three. Liberty was protected only because Kuwait was not a genuine parliamentary system where elections determine the government.

The constitutional court then reinstated the previous parliament on technical grounds—that it had not been properly dissolved. The members were no more popular than before and the body soon was properly dissolved. But the emir unilaterally changed the voting system from four votes to one vote per district—from which ten MPs are chosen. Public protests and a large-scale boycott ensued.

Nonetheless, the election was held on December 1. Turnout fell—to about 40 percent, compared to 60 percent in February—but the conduct of the poll received general praise from outside observers. The vote elevated a number of unknowns to parliament.

The government claimed success, but the opposition, which ranges from liberals to Islamists, organized 15 demonstrations involving thousands on Monday night. The police responded with force and injuries resulted. The opposition promised more protests, including a large rally promised for Saturday. The emir met with members of the royal family. My friend, political scientist Shafeeq Ghabra, told me that Kuwait was at a “political crossroads,” with the public determined to “deepen democratization.”

No one knows there this will end. The main opposition leader Musallam Al-Barrak, until this election the longest-serving MP, emphasized the protestors’ commitment to the emir. He told me the situation in Kuwait was different than elsewhere in the Arab Spring: “We want to have an elected government. That does not mean we are against the ruling system.” However, the driving force behind the protests is the youth movement—an incredible 70 percent of the population is under 29. Some of them, at least, seem less than enamored with monarchical rule, with or without a parliament.

As the current political crisis—a word now used by some—plays out, Kuwaitis may find themselves with something closer to a popularly elected government. Unfortunately, however, experience shows that this may not make them freer.

Led by Prop 30 in California and Prop 2 in Michigan, a List of the Most Important Ballot Initiatives of 2012

Two years ago, I highlighted nine key state ballot initiatives and happily reported about a week later that voters generally chose to limit statism.

We have a similar collection of measures this year. Some of these votes - such as the decisions about higher taxes in California and power for government employee unions in Michigan - will have profound implications and perhaps even signal whether certain jurisdictions are doomed to failure.

Since I’m motivated primarily by the desire to reduce the burden of government spending and block bad tax policy, let’s look first at the key fiscal measures on this year’s ballot.

Prop 30 in California - Would impose a huge tax hike, including an increase in the state sales tax from 7.25 percent to 7.5 percent, along with three new higher income tax brackets (maxing out at more than 13 percent!) for upper-income taxpayers. The adjoining cartoon is a good summary of the issue, as is this classic bit of political humor.

Prop 38 and Prop 39 - Two additional tax hike measures, the first targeting individual taxpayers and the second targeting businesses. I’m not sure which tax-hike proposition is the worst, but they all need to be defeated for there to be any hope about California’s future.

Prop 204 in Arizona - Renewing a one-cent increase in the state sales tax, ostensibly for the education bureaucracy. Money is fungible, so this is merely a vote for bigger government.

Issue 1 in Arkansas - Imposing a half-cent increase in the state sales tax, supposedly for highway spending. Another bait-and-switch scam to trick voters into financing bigger government.

Prop 5 in Michigan - Would require a two-thirds vote of both the state house and state senate to raise any tax. Anything that makes it harder to raise taxes is also a step making it harder to boost the burden of spending.

Prop B in Missouri - Raise the cigarette tax by 73 cents per pack. Politicians in the Show Me state should kick their addiction to big government.

Constitutional Amendment Concurrent Resolution 13 in New Hampshire - A constitutional amendment to prohibit enactment of an income tax. The Granite State has been blessed by avoiding either a state sales tax or a state income tax. It’s almost a shame that there’s a First Amendment guaranteeing free speech, because otherwise I’d be tempted to outlaw even discussion of imposing an income tax.

Measure 84 in Oregon - Would repeal the state’s death tax. This should be a no-brainer. You don’t want to repeat the mistakes of New Jersey and drive productive residents to other states. But Oregon voters have demonstrated a lemming-like suicide instinct in the past.

Initiated Measure 15 in South Dakota - Increases the state sales tax from 4 percent to 5 percent. There’s no income tax, but that’s no argument for making a modest sales tax into an onerous sales tax.

Initiative 1185 in Washington - Reaffirms the state’s two-thirds supermajority requirement before the state legislature can increase taxes. Voters repeatedly have reaffirmed their support for the supermajority in the past. Let’s hope that doesn’t change now.

Now let’s shift to matters of personal freedom and look at ballot measures involving the Second Amendment and the Drug War.

Prop 114 in Arizona - Protects crime victims from being sued if they injure or kill criminals. Yes, there are examples of excessive response, but the easiest way of avoiding those situations - if you’re a criminal - is by keeping your nose clean.

Amendment 2 in Louisiana - Strengthens right to keep and bear arms. If this doesn’t pass by more than 80 percent, I’ll be disappointed.

Amendment 64 in Colorado, Measure 80 in Oregon, and Initiative 502 in Washington - All of these ballot measures end marijuana prohibition to varying degrees. Let’s hope voters take a small step in ending the War on Drugs.

These initiatives are related to fiscal policy, but they belong in a special category since they deal with the necessity of curtailing bloated and over-compensated government bureaucracies.

Prop 1 in Idaho - This measure would retain recent legislative reforms to end tenure in government schools. The only real solution is school choice, but this measure at least should make it easier to get rid of awful teachers that contribute to making the public schools both costly and ineffective.

Prop 2 in Michigan - Creates permanent negotiating advantages for already pampered government employee unions. This is the bureaucrat equivalent of Prop 30 in California, a massive transfer of wealth and power from the productive sector. If it passes, Michigan probably would be past the tipping point in its descent into stagnation and despair.

Last but not least, here are measures on random issues that are very important.

Prop 3 in Michigan - Require 25 percent of electricity to come from renewables. This will be an interesting test of whether the voters of a particular state are so clueless about economics that they are willing to voluntarily boost their own energy bills and undermine their own job prospects. I almost hope it passes just for the lesson it will teach.

Question 1 in Virginia - Limits eminent domain to public purposes. Corrupt developers and their cronies in state and local government don’t like this proposal, which naturally means it is a very good idea for those who support property rights.

Amendment 6 in Alabama, Amendment 1 in Florida, Prop E in Missouri, Legislative Referendum 122 in Montana, and Amendment A in Wyoming - These are all anti-Obamacare initiatives in some form or fashion. Continued resistance is important, even if some of these measures are only symbolic, so fingers crossed that they’re all approved.

You can find more information about state ballot initiatives and referendum here, here, here, and here.

And one final philosophical/policy point: In an ideal world, the United States would be like Switzerland and have a much more robust version of federalism. Almost everything that happens in Washington, with the exception of national defense, should either be in the private sector or at the state and local level of government.

A big advantage of a genuinely federalist system is that competition among states would be more vigorous than it is today. So if Michigan voters enacted Prop 2 or California voters approved Prop 30, tho adverse consequences would materialize much faster, thus helping to educate people that free markets and limited government are the best policies.

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