Published November 19 2008
Instant runoff election ill-advised, misguided
By: Andy Cilek and Matt Marchetti , Duluth News Tribune
In his Local View commentary last week in the News Tribune ("Senate race shows need for runoff system"), Nick Hannula exhibited flawed thinking with regard to how our republic must work.
He began by trying to show that an electoral problem exists in our current plurality voting system because the ultimate winner of Minnesota's U.S. Senate race between incumbent Republican Norm Coleman and Democratic challenger Al Franken won't achieve 51 percent of the vote. He called for instant runoff voting, sometimes referred to as IRV, as a remedy that would ensure a so-called "majority" winner.
While we do not believe a majority winner is really the motivation behind Hannula's remarks, it is worth responding to.
First, IRV does not guarantee a 51 percent majority winner because it doesn't require voters to rank more than one candidate. That allows a winner to be determined with less that 50 percent of the votes. As a student of political science, Hannula should have figured that out.
In addition, the founders of our republic knew that majority rule was just another form of tyranny. This was why they gave us a constitutional republic, not a majority-rule democracy. Ignorance of this simple historical fact is dangerous to our republic.
Benjamin Franklin has been quoted as saying, "Democracy is two wolves and a lamb voting on what to have for dinner." The Founders knew that a majority could be just as tyrannical as any monarch or dictator; so they created a constitutional republic, limiting the powers of government and specifically preventing majorities from trampling on the rights and property of the minority.
A plurality vote is the duly expressed will of the people. The value of a plurality lies in the message it sends to the winner: "Be careful how you govern because we don't completely trust you."
Our elected officials must understand they are representatives - not rulers! We the people rule, not the politicians. This is the essence of our republic.
We should also distinguish between an election and a governing body enacting laws. A majority is required for the passing of laws. But we also have constitutional limitations on what laws even a majority can pass. Thus, in our republic, there is no legitimate objection to electing representatives by plurality vote. In fact, it's arguably preferable.
However, if people demand majority-election winners, they can have traditional runoffs where the top two vote-getters square off and another vote is taken. But this method has its own problems, including that of getting voters to participate in a runoff if their favorite candidate is not in it.
IRV is offered as a magical solution: Combine the election and the runoff into one election, and voila! Unfortunately for runoff advocates, a runoff is warranted only when nobody gets a majority of first choices; so any majority created by IRV is merely contrived.
By far, the worst thing about IRV, or any other form of preferential voting, is that it disenfranchises voters. The Minnesota Supreme Court stated in Duluth's 1915 Brown v. Smallwood decision, "The preferential system directly diminishes the right of an elector to give an effective vote for the candidate of his choice." The court upheld that "the right of the citizen to cast a vote for the candidate of his choice unimpaired by the second and additional choice votes cast by others." This is the key.
Because of the mathematical complexities of preferential voting, the rankings can have unknown effects depending upon the rankings of other voters. When a voter chooses one candidate, he knows he is helping that candidate. But when ranking preferences, a voter can, without knowing it, actually harm his favored candidate by raising him in rank. This unpredictability is what disenfranchises voters, and it is the main reason the 1915 court ruled preferential voting unconstitutional - and why the Minnesota Voters Alliance is suing Minneapolis to prevent its implementation.
IRV advocates like to focus on irrelevancies, such as the alleged simplicity of IRV or its cost effectiveness, that are debatable. But when it comes to the constitutionality issue, all they have is the dubious claim that Brown v. Smallwood only applied to the specific method which was challenged at the time. However, the court did not specify any particular method, but ruled "the preferential system" unconstitutional.
A majority-vote requirement is utterly misguided and ill-advised. This is a constitutional republic, not a majority-rule democracy. The push for instant runoff voting is nothing more than a power play on the part of a ruling-class elite who uses the language of democracy but in truth advocates one-party rule - with them the one party. This ought to be frightening to anyone who believes in liberty and the rights of the minority.
Andy Cilek of Eden Prairie, Minn., and Matt Marchetti of North St. Paul are co-founders of the nonprofit Minnesota Voters Alliance, at mnvoters.org.