Reform of the Electoral Process

Question 1

What are electoral laws ?

Answer 1

The family of rules and regulations governing the process of elections.

They regulate:

1. When and how are elections called?
2. Who gets to vote?
3. Who can run for office?
4. How are elections managed?

Question 2

What are electoral systems ?

Answer 2

Part of the electoral law dealing with the process of election.

Determine the means by which votes are translated into seats in the process of electing politicians into office.

Question 3

What is electoral reform ?

Answer 3

It could be;

1. A replacement of one electoral system with another
2. Adaptations to an existing electoral system
3. Changes to electoral laws more generally (e.g. gender quotas; new finance regulations)

Question 4

What are the basic features of STV ?

Answer 4

1. A ‘proportional system’

• Electoral formula (designed to elect more than 1 TD per constituency)
• District magnitude (multi-seat constituencies)

2. A ‘preferential system’

• Ballot structure (votes for candidates)

Question 5

What are some debates regarding the Irish STV in terms of the system and its relationship to others / the constitution ?

Answer 5

Early debates

• Proportionality focus (the British SMP system?)
• The 1959 and 1968 referendums

Recent/current debates

• Preferential focus (the German MMP system?)
• Constitution Review Group, 1996
• All-Party Committee on the Constitution, 2002
• Joint Committee on the Constitution, 2010
• Irish Constitutional Convention, 2012-14

Question 6

What are some debates concerning perceived flaws of the system ?

Answer 6

1. Electoral formula
   STV -> SMP or MMP?
   Surplus transfer
2. Constituency-related
   District magnitude
   Boundary revisions (Gerrymandering; ‘Tullymander’)
3. Ballot structure
   Alphabetical voting

Question 7

Who wants electoral reform in Ireland ?

Answer 7

“Like a turkey voting for Christmas”

Party leaders’ views - 2011 election manifestos

TDs’ views - generally not in favour

Voters’ views : most people neutral, more people disagree to change it than agree to change it.

Question 8

How do scholars believe voting could be made easier ?

Answer 8

1. Electoral register

At the moment, you have to proactively register.

Administered by local authorities (34 county & city councils)

Varying degrees of priority; wide variety of practices; insufficient field workers to obtain the necessary information

Recommendations: centralise responsibility for register compilation, and move from household to individual register.

2. Have to be resident in the state (18-month rule)
3. Have to vote on the day, and in-person.

Postal ballots for diplomats, Gardai, and defence forces, and ‘may’ be available for others.

Special arrangements for voters with registered disabilities.

Question 9

What are two factors of voter confusion ?

Answer 9

1. Ballot paper design
2. Access to appropriate information

Question 10

What suffrage extensions are on the table at the moment ?

Answer 10

All democracies allow citizens to vote (one of Dahl’s conditions of a polyarchy), but not without limitations.

1. Community membership & having a personal stake (citizenship; residence) Votes for immigrants?
   Votes for emigrants?

Since 1970s, most countries allow some right to vote for emigrants, applying certain restriction like a time limit or weighted (e.g. a constituency for the diaspora) - use postal, proxy, e-voting etc. Should Ireland do the same ?

2. Competence and autonomy
   Votes at 16?

94% of countries set the voting age at 18

Votes at 20: Japan and Taiwan

Votes at 16: Austria (2008), Brazil, Cuba, Nicaragua, Isle of Man (2006), Jersey, Guernsey, Wales

Irish debate on the matter: the Democracy Commission 2012 : against it.

Irish Constitutional Convention: narrowly in favour.

Question 11

How does the Irish electoral system go about integrity ?

Answer 11

1. Norms

Universal Declaration on Human Rights, 1948

International Covenant on Civil and Political Rights, 1966

2. NGOs

International IDEA, IFES, Global Integrity, etc.

Electoral Integrity Project

Question 12

What is the PEI Electoral Cycle ?

Answer 12

See image on Desktop titled “PEI Electoral Cycle” to access an anotated version with the Irish organ in charge of every step.

Question 13

How does Ireland regard a potential Electoral Commission ?

Answer 13

Electoral Commissions (of differing types) used in 79% of countries worldwide (in 54% of EU countries)

Promised for over 15 years

Preliminary study commissioned in 2008
Promised in 2011 Programme for Government
Constitutional Convention called for it in 2012
Promised in 2016 Programme for Government
Citizens’ Assembly called for it in 2018
Promised in 2020 Programme for Government
Electoral Reform Act, 2022

Question 14

What would be the main innovations of said Electoral Commission ?

Answer 14

1. Merging the roles of: Referendum Commission, Registrar of Political Parties, Constituency Commission, and Local Area Boundary Committees
2. Overseeing the electoral register: including introduction of rolling registration of voters (PPSN numbers)
3. Regulation of online political advertising
4. Funding for research on ‘electoral policy and procedures’

But…

• Doesn’t include SIPO (standards in public office)
• Little is known about how it will evolve (incl. party funding)
• Led by a Supreme Court judge
• Retains the 1997 definition of “political purposes”

Question 15

What are the benefits of the Irish STV ?

Answer 15

1. Proportional
2. Paper-based – no hacking
3. Maximum choice for voters
4. Not as complex as some STV variants
5. Independent commission to set boundaries

Question 16

What are the negatives of the Irish STV ?

Answer 16

1. Not very proportional
2. Issues with how surplus transfers are dealt with
3. Facilitates localism
4. Alphabetical voting

Question 17

In Ireland, who drives the agenda of electoral reform ?

Answer 17

The text highlights how the push for electoral reform in Ireland primarily stemmed from political party leaderships rather than widespread public demand. Despite the elite-driven agenda, there was a notable lack of enthusiasm or consensus among citizens for substantial reform, as evidenced by the Convention on the Constitution’s recommendation to maintain the existing electoral system.

The recent debate surrounding electoral reform in Ireland has been predominantly led by political elites, particularly the leaderships of established political parties.

Contrary to the signal provided by the Irish Constitutional Convention, this debate has centered on the dimension of personalization within the electoral system, particularly focusing on how the Single Transferable Vote (STV) impacts the behavior of representatives and contributes to the perceived weakness of the Oireachtas (Irish Parliament).

This elite-driven discourse has raised concerns about the types of individuals attracted to politics in Ireland and the consequent implications for governance and representation. (Farrell et al., 2016)

Question 18

Discuss the Convention on the Constitution in 2012 and its implications for the electoral system ?

Answer 18

The establishment of the Convention on the Constitution in 2012 provided a platform for deliberation on electoral reform, with members comprising a mix of ordinary citizens and parliamentary representatives. However, despite extensive discussions, the Convention ultimately recommended retaining the existing electoral system, suggesting a divergence between elite and public preferences. (Farrell et al., 2016)

Question 19

What is the role of political parties in electoral reform ?

Answer 19

The text scrutinizes the understanding of proposed reforms by political elites, particularly their potential consequences on voter-friendly aspects of the electoral system and party control over parliamentarians.

The discrepancy between elite strategy and public opinion is evident in the misalignment of proposed reforms with citizen preferences. (Farrell et al., 2016)

Question 20

How does the electorate view reform of the electoral system ?

Answer 20

The discussions within the Constitutional Convention underscore a preference among members, both ordinary citizens and parliamentary representatives, for maintaining the proportional nature of Ireland’s electoral system. Additionally, attention is drawn to administrative issues such as constituency size and voter registration, reflecting a broader consideration of electoral reform beyond voting rules. (Farrell et al., 2016)

Question 21

Discuss the initiatives for electoral reform post-Great Recession.

Answer 21

The lead-up to the 2011 general election saw significant momentum behind electoral reform proposals from major political parties. Manifestos of all parties pledged electoral reform, with some advocating for the replacement of STV with a Mixed Member Proportional (MMP) system. The proposals aimed to reduce the emphasis on constituency work, increase parliamentary focus, and enhance the quality of elected representatives. (Farrell et al., 2016)

Question 22

How do supporters of the current electoral system respond to critics ?

Answer 22

o Supporters argue that intra-party choice allows voters to replace representatives with newcomers they deem more capable.

o While constituency work is important, it also serves as an early warning system for policy failures and keeps TDs connected with constituents.

o Attitudes towards government and parliament in Ireland are generally less negative than in the EU overall. (Gallagher, 2023)

Question 23

What are some constitutional hurdles to electoral reform ?

Answer 23

o Any change to the PR-STV system requires voter endorsement through a referendum, posing a significant barrier to its replacement.

o Alternative systems would inherently reduce voter power to select individual representatives, potentially facing resistance from voters who value their current level of influence. (Gallagher, 2023)