Proportional Representation: A Study in Methods of Election

by John H. Humphreys

CHAPTER V

THE SECOND BALLOT AND THE TRANSFERABLE VOTE IN SINGLE-MEMBER CONSTITUENCIES

"Le député, au lieu de représenter la majorité des électeurs, devient prisonnier de la minorité qui lui a donné l'appoint nécessaire pour son élection."

—YVES GUYOT

" … every fool knows that a man represents Not the fellers that sent him, but them on the fence."

—J. RUSSELL LOWELL

Three-cornered contests.

It was stated in the first chapter that the rise of the Labour Party as a political force, with an organization wholly independent of those of the older parties, would make a change in our voting system imperative. Both prior and subsequent to the appointment of the Royal Commission on Electoral Systems political organizations have shown themselves keenly alive to the necessity of such a change. At the meeting of the General Committee of the National Liberal Federation at Leicester, on 21 February 1908, a resolution in favour of the early adoption of the second ballot was carried unanimously. The Trades Union Congress, at its meeting in September 1908, less eager to pronounce in favour of a reform of such doubtful value, passed a resolution in favour of an authoritative "inquiry into proportional representation, preference or second ballots, so that the most effective means of securing the true representation of the electors may be embodied in the new Reform Bill." The spokesman of a deputation from the Manchester Liberal Federation, which waited upon Mr. Winston Churchill on 22 May 1909, said: "The point on which we wish to speak to you to-day is the reform of the present system of voting, which we hold to be out of date, archaic, and in great need of reform." Mr. Churchill's reply was a significant reinforcement of Mr. Asquith's previous declaration, that "it was impossible to defend the present rough and ready methods." "I think," said Mr. Churchill, "the present system has clearly broken down. The results produced are not fair to any party, nor to any section of the community. In many cases they do not secure majority representation, nor do they secure an intelligent representation of minorities. All they secure is fluke representation, freak representation, capricious representation." The figures of two bye-elections—those of the Jarrow Division of Durham and the Attercliffe Division of Sheffield—will show how completely Mr. Churchill's language is justified. The figures are as follows:—

JARROW ELECTION, 4 July 1907

Curran (Labour) 4,698 Rose-Innes (Conservative) 3,930 Hughes (Liberal) 3,474 O'Hanlon (Nationalist) 2,124 ___ 14,226

ATTERCLIFFE ELECTION, 4 May 1909

Pointer (Labour) . . . . 3,531 King-Farrow (Unionist) . . . 3,380 Lambert (Liberal) . . . . 3,175 Wilson (Ind. Unionist) . . . 2,803 ___ 12,889

In the case of Jarrow the successful candidate obtained just less than one-third of the votes polled, and in the case of Attercliffe the member returned represented a little more than a quarter of the electors. The representation which results from elections of this kind is without doubt most capricious and uncertain in character. A House of Commons so built up could have no claim to be representative of the nation, and its composition would be so unstable as seriously to impair its efficiency. Nor can we afford to regard such elections as being a mere temporary feature of our parliamentary system. The General Election of 1906 showed a notable increase in the number of three-cornered fights over previous general elections, and the bye-elections during the four years 1906—1909 were marked by a still further increase. The Report submitted by the Executive Committee of the Labour Party to the Portsmouth Conference in January 1909 foreshadowed a very large addition to the number of Labour candidates. Some thirty-eight candidates, in addition to the then existing Labour members in Parliament, had been formally approved by the Executive Committee of the Labour Party after due election by the Labour organizations to which the candidates belonged, and although constituencies were not found for all of these new candidates, the number of three-cornered contests in the election of Jan. 1910, in which Liberal, Unionist, Labour (or Socialist) took part, was no less than forty-one, and this number would have been greater had not several Liberal candidates withdrawn. Owing to the desire on the part of the Liberal and Labour parties to avoid the risk of losing seats there were in the elections of December 1910 fewer three-cornered fights. But the Labour party, the permanence of which is no longer open to question, will not be content to remain with its present share of representation. It can however gain additional seats only at the expense of the older parties, and although the Liberal party, as in the Mid-Derby bye-election of May 1908, may sometimes yield seats to Labour nominees, it is not to be expected that the Liberal organizations will always be willing to give way. At the Mid-Glamorgan bye-election in May 1910 the local organization, against the advice of the chief Liberal Whip, nominated a Liberal candidate, and succeeded in retaining the seat although it had been "ear-marked" by the Labour Party. In Scotland, where Liberalism is less complaisant than in England, no seat has been surrendered to the Labour Party without a fight, and when a Labour candidature was threatened in December 1910, in the Bridgeton division of Glasgow, the Liberals retaliated by threatening to place a Liberal candidate in the Blackfriars division where Mr. Barnes, the Labour representative was again standing. These facts should dispel any illusion, if such still exist, that the problem of three-cornered fights is a transitory phenomenon which can safely be ignored. The political organizations, with a true instinct, have realized the importance and urgency of this problem, and increasing pressure will doubtless be brought to bear upon the Government to introduce a system of second ballots, or some other electoral method, that will give effect to what Mr. Churchill has described as "the broad democratic principle, that a majority of voters in any electoral unit, acting together, shall be able to return their man." The advocates of the second ballot and cognate methods of reform seek a solution of this one problem only. They desire to maintain the essential characteristic of the present system—the exclusive representation of the majority in each constituency—and make no attempt to remedy any of the other evils associated with single-member constituencies. But the question at once arises whether the problem of three-cornered contests can be solved by attempts to preserve the distinctive feature of the present system—the representation of the majority only. A little reflection must convince the reader that such a solution deals with the form of the problem rather than with its essence. For the new problem arises from the fact that three parties instead of two are now seeking representation in Parliament, and no remedy can be regarded as effective which does not provide for the realization of the legitimate aspirations of all three parties. This the system of second ballots has completely failed to do; indeed its results only reinforce the arguments of previous chapters, that so long as we compel the electors of any one district, whatever their divisions of opinion, to be all represented by one man, their real representation will be impossible. An examination of the effects of the second ballot in those countries in which the system has been tried fully justifies these statements, and fortunately the body of experience now available is so considerable that the conclusions to be drawn therefrom have an authoritative character.

The second ballot.

The Reports furnished by His Majesty's representatives abroad show that the second ballot, in one form or another, is, or has been, in force in the majority of continental countries. The forms differ in detail, but reference need only be made to the three chief types. In Germany the two candidates highest at the first poll proceed to a second election. It was this form of the second ballot that was introduced into New Zealand in 1908. In France all candidates in the original election and even fresh candidates may stand at the second election. At this second poll a relative—not an absolute—majority of votes is sufficient to secure the election of a candidate. As a rule only the two candidates highest at the first election take part in the second ballot, and therefore in practice the German and French methods closely approximate to one another. The third type concerns the application of the second ballot to the scrutin de liste or block vote in multi-member constituencies. It was formerly used in the Belgian parliamentary elections, and is still employed in the election for the Belgian Provincial Councils. The candidates who receive the support of an absolute majority of the electors voting at the first ballot are at once declared elected; the candidates next highest on the poll, but only so many as are equal to double the number of vacancies remaining to be filled, take part in a second ballot.

The object of the second ballot—to ensure that every elected candidate should finally have obtained the support of a majority of the electors voting in the constituency for which he has been returned—has, generally speaking, been achieved. But that does not solve the problem of the representation of three parties; a general election based on such a system yields results which are far from satisfactory. The party which is unsuccessful in one constituency may suffer the same fate in the majority of the constituencies, and this is the fatal flaw in all forms of the second ballot. Moreover experience has shown, and it is evident a priori, that with this system the representation of any section of political opinion depends not upon the number of its supporters, but very largely upon the attitude taken towards it by other parties. For, at a second ballot, the result is determined by the action of those smaller minorities which were at the bottom of the poll at the first ballot. No party can be certain of securing representation unless in its own strength it can obtain an absolute majority in at least some of the constituencies. The largest party in the State, if its voting strength is evenly distributed, may be at the mercy of hostile combinations at the second ballots, unless it is so large as to command a majority of votes throughout the country, and when three parties have entered the political arena it rarely happens that any one of them is in this favourable position. That being so, the new element of uncertainty associated with the system of second ballots may yield results which are further removed from the true representation of the whole electorate than the results of the first ballots.

Experience in Germany.

Continental experience has shown that the coalitions at the second ballots are of two types. One party may incur the hostility of all other parties, and if so, the second ballots will tend uniformly to the suppression of that party. The combination of parties whose aims and purposes are to some degree allied may be regarded as legitimate, but the cumulative effect of such combinations over a large area is most unfair to the party adversely affected. No defence at all can be urged in palliation of the evils of certain other coalitions also characteristic of second ballots—the coalitions of extreme and opposed parties which temporarily combine for the purpose of wrecking a third party in the hope of snatching some advantage from the resulting political situation. Sometimes such coalitions are merely the expression of resentment by an advanced party at the action of a party somewhat less advanced than itself. But, whatever the cause, the coalitions at the second ballots do not result in the creation of a fully representative legislative chamber; on the contrary, they tend to take away all sincerity from the parliamentary system. Illustrations of the first type of coalitions abound. The German general elections afford numerous examples, but as a special note on the working of the second ballots in Germany is to be found in Appendix II., it will suffice to quote some of the results of the election of 1907. The Social Democrats were engaged at the second ballots in ninety constituencies. At the first ballots they were at the head of the poll in forty-four of these constituencies, but at the second ballots they only succeeded in retaining that position in eleven. In the forty-six constituencies in which they were second at the poll they were only able to improve their condition in three cases. These figures show how the German Social Democrats suffered from hostile combinations. It was with the utmost difficulty that they obtained representation in constituencies other than those in which at the first elections they were in an absolute majority. No wonder that one of the planks of the platform of the Social Democratic party is proportional representation.

Austria.

The Social Democrats of Austria suffered in the General Election of 1907 in the same way. Professor Kedlich,[1] in an article entitled "The Working of Universal Suffrage in Austria," wrote as follows: "The Christian Socialists have ninety-six seats in the new House, the Social Democrats eighty-six … The number of seats won by them weighs still heavier in the balance when we reflect that in many second ballots the majority of the opponents of social democracy joined their forces against them. Not less instructive are the relative numbers of the votes recorded for each of the parties. Over a million votes were given to the Social Democrats as against 531,000 for the Christian Socialists." Such results destroy the representative character of legislative bodies. The same lesson on a smaller scale is to be gathered from the Italian elections. Speaking of the General Election of 1904, the Rome correspondent of The Morning Post pointed out that, in not a few constituencies, like the second division of Rome, a rally of Clericals at the second ballots enabled the Conservative Monarchists to triumph over the Socialists.

Belgium.

The combinations of allied parties against a third party, as in the examples already given, may be defended, but the coalitions at second ballots, as has been pointed out, are not always of this character. Should parties, angered and embittered by being deprived of representation, use their power at the second ballots to render a stable Government impossible, then the results are disastrous. Such were the conditions which obtained in Belgium before the abandonment of second ballots. "The system," says Sir Arthur Hardinge, "answered well enough so long as only two parties contested an election; but the moment the Socialist Party formed a distinct third party, after the establishment of universal suffrage in 1894, it began to act in a manner which produced unsatisfactory results…. The overwhelming victory of the Clerical party in 1894 was largely due to the fact that in every second ballot between Catholics and Socialists the Liberals voted for the former, whilst in every second ballot between Catholics and Liberals, with the single exception of the Thuin Division, the Socialists preferred the Catholics as the creators of universal suffrage and as, in some respects, a more genuinely democratic party, to the Liberals, whom the Labour leaders regarded with peculiar hatred as the apostles of free competition and individualism. In 1896 the Socialists were in their turn the victims, as the Liberals had been in 1894, of the working of the system of second ballots. Liberal electors at these elections voted everywhere at the second ballots for Clerical against Labour candidates, with the result that the Clericals won every one of the eighteen seats for Brussels, although the total number of Clerical electors in a total electorate of 202,000 was only 89,000, as against 40,000 Liberals and 73,000 ultra-Radicals and Labour men. Two years later the Liberals swung round to an alliance with the Socialists against the Clericals, and in several constituencies, owing to the system of second ballots, the Socialists, although actually in a minority, won all the seats with the help of the Liberals, who on the first ballot had voted unsuccessfully for Liberal as against both Catholic and Labour candidates. It was the practical experience of conditions such as these which gradually convinced all the Belgian parties that, given a three-cornered fight in every, or nearly every, constituency, the only way of preventing a minority from turning the scales and excluding from all representation the views of nearly half the electorate was to adopt the system of proportional representation."[2]

Count Goblet d'Alviella furnishes an excellent example of the working of the second ballots at Verviers in the General Election of 1898, the last parliamentary election in Belgium, at which second ballots were used. In the election for Senators the Socialists spoiled the chances of the Liberals by voting for the Clericals, whilst, in the election for the Chamber, the Liberals, not to be outdone, spoiled the chances of the Socialists by also supporting the Clericals. The Clericals thus obtained all the seats both in the Senate and in the Chamber with the assistance of the Socialists and of the Liberals in turn. The absurdities of the General Election of 1898 were so flagrant that on the day after the election so determined an opponent of proportional representation as La Chronique exclaimed, "Can anything be more absurd than the working of the second ballots in this country? … What becomes of the moral force of an election in which parties are obliged, if they wish to win, to implore the support of electors who yesterday were their enemies? Such support is never obtained without conditions, and these conditions are either promises which it is not intended to keep or a surrender of principles—in either case a proceeding utterly immoral."[3]

France.]

French elections also furnish examples of the use of the second ballots for the purpose of fostering dissension between opponents. At the General Election in 1906 it was stated that the Conservatives in the South of France, despairing of obtaining representation themselves, intended to support the Socialists at the second ballot in the hope of obtaining an advantage by accentuating the difference between the Socialists and the Radicals. M. Jaurès indignantly denied that there was any understanding between the Socialists and the Conservatives, and took advantage of the accusation to write in L'Humanité a powerful plea for proportional representation. "This reform," he declared, "would make such unnatural alliances impossible. Each party would be induced and, indeed, it would be to each party's advantage to fight its own battle, for every group would have an opportunity of obtaining its full share of representation. There would no longer be any question of doubtful manoeuvres, of confused issues; Socialism would have its advocates, Radicalism its exponents, Conservatism its leaders, and there would be a magnificent propaganda of principles which would inevitably result in the political education of the electorate. Every movement would be assured of representation in proportion to its real strength in the country; every party, freed from the necessity of entering into alliances which invariably beget suspicion, would be able to formulate quite clearly its essential principles; governmental and administrative corruption would be reduced to a minimum; the real wishes of the people would find expression; and if parties still continued to dispute for power, it would be to enable them to promote the more effectually the measures for which they stood." In spite, however, of this eloquent disclaimer on the part of M. Jaurès, the Conservatives have at the bye-elections continued their policy of supporting the Socialists. The bye election of Charolles in December 1908 is a case in point. At the first ballot the figures were as follows:—

M. Sarrien fils (Radical) 5,770 votes
M. Duoarouge (Socialist) 4,367 "
M. Magnien (Conservative) 3,968 "

At the second ballot—

M. Ducarouge (Socialist) 6,841 " Elected
M. Sarrien fils (Radical) 5,339 "
M. Magnien (Conservative) 301 "

It should be explained that the Conservative candidate, although his name still appeared upon the ballot paper, retired before the second election, and it is evident that the votes of many of his supporters were given to the Socialist candidate. In the following April (1909) several further instances occurred. At Uzès a vacancy was caused by the death of a Radical Socialist member who, at the General Election of 1906, had beaten the Duc d'Uzès, a Reactionary, the Socialist candidate on that occasion being at the bottom of the poll. In the bye-election the Socialist was returned at the head of the poll, but so obvious was the fact that the Socialist owed his victory to Conservative support, that he was received in the Chamber by the Radicals with the cry of "M. le duc d'Uzès." Uzès was typical of other elections and, as the Paris correspondent of The Morning Post remarked, "the successes of the Unified Socialists in the recent series of bye-elections are in part to be attributed to the votes of the Reactionaries, who voted for the Unified candidates as being enemies of the Republic." This abuse of the purpose of second ballots—an abuse engendered by the failure of the minority to obtain direct representation—destroys the last semblance of sincerity in the representation of a constituency, and must hasten the abolition of the second ballots in France in the same way as combinations of a similar nature rendered imperative the introduction of a more rational system of election in Belgium.

The foregoing facts are sufficient to show that a system of second ballots does not necessarily result in the formation of a legislative chamber fully representative of the electorate. In Germany the largest party has had its representation ruthlessly cut down by the operation of the second ballots. Indeed, were it not for the overwhelming predominance of this party in certain areas it might not have obtained any representation whatever. In Belgium the effect of the second ballots was to deprive the middle party, the Liberals, of their fair share of representation. In 1896, owing to the coalitions of Socialists and Catholics at the polls, the Liberals had only eleven representatives in the popular chamber. All their leaders had been driven from Parliament, their electoral associations had become completely disorganized save in some large towns, and in many constituencies they had ceased to take part in elections. Yet the results of the very first elections (1900) after the establishment of proportional representation, showed that the Liberals were the second largest party in the State, and that it was a party which still responded to the needs and still gave voice to the views of large numbers of citizens.

The bargainings at the second ballots in France.]

The system of second ballots not only deprives large sections of the electorate of representation, but the very coalitions which produce this result bring parliamentary institutions into still further disrepute. These coalitions are condemned in unequivocal terms by Continental writers and statesmen of widely differing schools of thought. The scathing language of M. Jaures has already been quoted, and we find his views endorsed by politicians of the type of M. Deschanel, an ex-President of the Chamber of Deputies, who declared that these coalitions entirely falsify the character of the popular verdict. Again, M. Yves Guyot, an ex-Minister, asserts that "the second ballots give rise to detestable bargainings which obliterate all political sense in the electors." M. Raymond Poincare, a Senator and a former Minister, condemns the system of second ballots in equally forcible language. "It will be of no use," he says, "to replace one kind of constituency by another if we do not, at the same time, suppress the gamble of the majority system and the jobbery of the second ballots." These expressions of opinion on the part of individual French politicians could be multiplied, but it will be sufficient to add to them the more formal and official declaration of the Commission du Suffrage Universel, a Parliamentary Committee appointed by the Chamber of Deputies. In the Report issued by this Committee in 1907, it is declared that "the abolition of the second ballots with the bargainings to which they give rise will not be the least of the advantages of the new system [proportional representation]."

The "Kuh-Handel" in Germany.

It would appear that the German second ballots are also characterized by this same evil of bargaining. Karl Blind, writing in The Nineteenth Century, March 1907, stated that "in this last election the oddest combinations have taken place for the ballots in the various parts of the Empire and within different States. There was no uniformity of action as to coming to a compromise between Conservative and Liberal, or Liberal and Social Democrat, or Centre and any other party, as against some supposed common enemy who was to be ousted from his insufficient majority by a subsequent alliance between otherwise discordant groups, or who wanted to have his insufficient majority increased to an absolute one by the addition of the vote of one of the defeated candidates whose friends finally choose the 'lesser evil'….

"To some extent these necessary, but sometimes rather sordid, transactions are made all the more difficult through the very existence of separate States with 'Home Rule' legislatures of their own. Political development has in them gone so far in a centrifugal sense that the nation has been sadly split up and the public mind too much divided into merely local concerns and issues….

"Irrespective of this baneful influence of a so-called 'Home Rule' state of things on the life of the nation at large, I must confess that the huckstering at the second ballots does not strike me as an ideal institution. It generally goes, in Germany, under the name of Kuh-Handel (cow-bargain). It often brings out the worst symptoms of intrigue and political immorality…. Those who dabble in the Kuh-Handel either lead their own contingent as allies into an enemy's camp from spite against another adversary, or they induce their own men to desist from voting at all at a second ballot, so as to give a chance to another candidate, whom they really detest with all their heart, but whom they wish to use as a means of spiting one still more deeply hated."

The position of a deputy elected at a second ballot.]

The separate experiences, therefore, of France, Belgium, and Germany all yield convincing and corroborative testimony to the demoralizing influence on political life which results from the coalitions at the second ballots. Insufficient attention, however, has been directed to one aspect of this influence, its pernicious effect upon the inner working of parliamentary institutions. The deputy who is elected as the result of a coalition of forces at the second ballot finds himself in an extremely difficult and unstable position. Instead of being the representative of the majority of the electors he too often becomes, in the apt phrase of M. Yves Guyot, "the prisoner of the minority," and, whilst in Parliament, he is being continually reminded of the power of that minority to make or unmake him at the next election. The persistent pressure of that minority explains those contradictory votes in the French Chamber which, to a foreigner, are often incomprehensible. The deputy will usually act in accordance with the opinion of the group to which he belongs and vote accordingly, but at a subsequent sitting he will find it necessary to vote in such a way as will give satisfaction to that minority whose support assured his success at the previous election, and without whose support he cannot hope for re-election when the time comes for a fresh appeal to the country. The pressure which such a minority can exert must often be intolerable, and must, in any case, render it impossible for any deputy either to do justice to himself or to the legislative chamber to which he belongs.[3]

The alternative vote.

The shortcomings of the system of the second ballot are so pronounced and are so generally recognized that there now exists but little, if any, demand for its introduction into this country, and more attention has therefore been given to the mechanism of the alternative vote as affording a means of securing the object of the second ballot whilst avoiding many of its inconveniences. Under this suggested plan the voter is invited to mark his preferences against the names of the candidates on the voting paper by putting the figure "1" against his first favourite; the figure "2" against the man he next prefers, and so on through as many names as he may choose to mark. At the end of the poll the number of papers in which each candidate's name is marked "1" is ascertained, and if one of them is found to have secured the first preferences of an absolute majority of all the persons voting, he is declared elected; but if no candidate has obtained such a majority the papers of the candidate who has obtained the least number of first preferences are examined and transferred one by one to the candidate marked "2" upon them. In this transfer, the papers on which only one preference had been marked would be ignored, the preferences, to use the current phrase, being "exhausted." If, as the result of this transfer, any candidate has secured the support of an absolute majority of the number of effective preferences he is declared duly elected; but if there is still no candidate with an absolute majority the process is repeated by distributing the papers of the candidate who is left with the lowest number of votes, and so on until some candidate has got an absolute majority of effective preferences.

The alternative vote undoubtedly possesses many and valuable advantages as compared with the second ballot. In the first place, its introduction into the English electoral system would keep English voters in touch with Colonial rather than with Continental practice. Preferential voting[4] has been in use in Queensland since 1892; it was adopted in 1907 by the West Australian Parliament, and was proposed in a Bill submitted by Mr. Deakin to the Australian Commonwealth Parliament in 1906. Moreover, the alternative vote enables the election to be completed in a single ballot; and the fortnight that is wasted between the first and second ballots on the Continent would be saved. There has also been claimed for this method of voting this further advantage, that it would prepare the way (perhaps by rendering it inevitable) for the more complete reform—proportional representation.

The principle of the alternative vote is extremely simple. It is embodied in two Bills which were introduced into the House of Commons in 1908 by Mr. John M. Robertson and by Mr. Dundas White; and also in a modified form in a Bill introduced in 1907 by Mr. A.E. Dunn. Its purpose and mechanism is set forth in the memorandum of Mr. Robertson's Bill as follows:—

"The object is to ensure that in a parliamentary election effect shall be given as far as possible to the wishes of the majority of electors voting. Under the present system when there are more than two candidates for one seat it is possible that the member elected may be chosen by a minority of the voters.

"The Bill proposes to allow electors to indicate on their ballot papers to what candidate they would wish their votes to be transferred if the candidate of their first choice is third or lower on the poll and no candidate has an absolute majority. It thus seeks to accomplish by one operation the effect of a second ballot."

Mr. Robertson's Bill, as originally introduced in 1906, was applicable to single-member constituencies only; but the amended form in which the Bill was re-introduced provided for the use of the transferable vote in double-member constituencies as well, but, in doing so, still maintained the essential characteristic of the existing system of voting—that each member returned should have obtained the support of a majority of the electors voting. Mr. Dundas White, however, in applying the alternative vote to double-member constituencies, made a departure from this principle, and proposed to render it possible for a candidate to be returned who had obtained the support of less than one-half but more than one-third of the voters.[5] The effect of Mr. Robertson's Bill would have been that it would still be possible in double-member constituencies for the party finally victorious to secure both seats; whilst with Mr. Dundas White's provisions the two largest parties would in all probability have obtained one seat each.[6]

The difference between the two measures is, however, of no great consequence; the number of double-member constituencies is not very large, and their number may be still further reduced in any future scheme of redistribution of seats. It will, therefore, be sufficient to consider what effect the alternative vote would have in single-member areas. Let us take the Jarrow election, in which there were four candidates, and apply to that election the possible working of the alternative vote. The figures for the election may be repeated:—

Curran(Labour) . . . . 4,698
Rose-limes (Unionist). . . 3,930
Hughes (Liberal) . . . . 3,474
O'Hanlon (Nationalist) . . 2,122

The electors would, with the alternative vote, have numbered the candidates on the ballot papers in the order of their choice, and, as none of the candidates had obtained an absolute majority, the votes of the lowest candidate on the poll would be transferred to the second preferences marked by his supporters. If, for purposes of illustration, it is assumed that every one of the 2122 supporters of Mr. O'Hanlon had indicated a second preference, that 1000 had chosen Mr. Curran, 1000 had chosen Mr. Hughes, and 122 had chosen Mr. Rose-Innes, then the following table will show the effect of the transfer:—

Candidate. First Count. Transfer of O'Hanlou's Votes. Result.

Curran (Labour) 4,698 +1,000 5,698
Rose-Innes (Unionist) 3,930 + 122 4,052
Hughes (Liberal) 3,474 +1,000 4,474
O'Hanlon (Nationalist) 2,122 -2,112 —

Total 14,224 — 14,224

Only three candidates now remain for consideration, and their position on the poll as the result of the transfer is as follows:—

Curran . . . . . . 5,698
Hughes . . . . . . 4,474
Rose-Innes . . . . . 4,052

As neither has as yet obtained a majority of the total votes polled, it becomes necessary that the votes given for Mr. Rose-Innes, who is now lowest on the poll, should be transferred in accordance with the next preferences of his supporters. It is conceivable that the larger proportion of these preferences would have been given for the Liberal candidate, Mr. Hughes, rather than for Mr. Curran, and, if so, the final result might easily have been the election of Mr. Hughes as member for Jarrow.

The alternative or contingent vote in Queensland.]

Before considering the value of the transferable vote in single-member constituencies as a means of securing a true expression of the national will, it may perhaps be pointed out that the procedure prescribed by the Queensland Act differs from that contained in the English Bills. The regulations of the Queensland Act are as follows:—

"When one member only is to be returned at the election, if there is no candidate who receives an absolute majority of votes, all the candidates except those two who receive the greatest number of votes shall be deemed defeated candidates.

"When two members are to be returned, and there are more than four candidates, if there is no candidate who receives an absolute majority of votes, all the candidates except those four who receive the greatest number of votes shall be deemed defeated candidates."

It will be seen that the system here prescribed approximates to the German form of the second ballot, according to which only the two candidates highest on the poll may stand again. Were the Queensland form of preferential voting applied to the Jarrow election, both Mr. Hughes and Mr. O'Hanlon would be declared defeated candidates, and only the further preferences recorded by their supporters would be taken into account in determining the relative position of the two highest candidates, Curran and Rose-Innes. The provisions of the West Australian Act of 1907, and of Mr. Deakin's Bill of 1906, followed the more elastic and undoubtedly superior method embodied in the English proposals.

Sir J.G. Ward, in introducing the Second Ballot Bill into the New Zealand Parliament in 1908, defended the selection of this electoral method on the ground that the system of preferential voting introduced into Queensland had been a partial failure. He stated that the privilege of marking preferences had not been extensively used, and quoted the opinion of Mr. Kidston, a former Queensland Premier, that the marking of preferences should be made compulsory. As explained in the course of the New Zealand debates, part of the alleged failure of the Queensland system was due to the unnecessarily cumbrous nature of the regulations. The Queensland Electoral Acts still retain the old method of voting—that of striking out from the ballot paper the names of such candidates as the elector does not intend to vote for. The confusion produced in the mind of the elector may readily be imagined when he is instructed to strike out the names of candidates for whom he does not intend to vote in the first instance, and then to mark such candidates in the order of his choice. Moreover, the provisions, as detailed above, for giving effect to preferences are so defective that only a proportion of the preferences marked can be taken into account. Even so, preferential voting in Queensland sometimes has a decisive influence upon the result of the election, as the following example, taken from the elections of 1908, will show:—

WOOLLOONGABBA ELECTION

First Count.

Votes.
1st Candidate . . . 1,605
2nd " . . . 1,366
3rd " . . . 788
——-
Total . . . 3,759

The votes recorded for the third candidate were then distributed according to the preferences marked, which were as follows:—

1st Candidate . . . 15 2nd ,, . . . 379 No preferences . . . 394 —- 788

The result of the distribution brought the second candidate to the top of the poll, the final figures being as follows:—

2nd Candidate . . . 1,745 1st ,, . . . 1,620

West Australia

Where the more simple and straightforward instructions have been adopted, as in West Australia, it has been found that a larger percentage of the electors make use of the privilege of marking preferences. Here are the figures for the constituency of Claremont in the elections of 1908:—

First Count.

Foulkes . . . . 1,427
Briggs . . . . 825
Stuart . . . . 630
——-
Total . . . 2,888

When the votes recorded for the candidate lowest on the poll were distributed it was found that nearly 75 per cent, of his papers were marked with additional preferences. The numbers were as follows:—

Briggs . . . . . 297
Foulkes . . . . 174
No preferences . . . 165
—-
Total . . . 636

The final figures were as follows:—

Foulkes . . . . 1,601
Briggs . . . . 1,122

These figures doubtless show that even in West Australia, when the transferable vote is applied to single-member constituencies, a considerable number of the electors will not indicate a preference for any candidate other than for that of their own party, but similar abstentions occur at the second ballots in France, where it is found that a considerable percentage of the electors usually refrain from going to the poll on the second occasion. The Labour Party in Queensland has sometimes issued instructions to its supporters to abstain from marking preferences for the purpose of keeping the party solid and absolutely separate from other parties. Such action necessarily increases the percentage of abstentions. Nor can any remedy for action of this kind be found in making the marking of preferences compulsory. Even in Belgium, where "compulsory voting" is in force, the compulsion only extends to an enforced attendance at the polling place. The act of voting is not compulsory, for a blank unmarked ballot paper may be dropped into the voting urn. The compulsory marking of preferences when the elector has none may still further vitiate the results of elections in a most undesirable way, whilst abstention from preference marking merely deprives those abstaining of a privilege which they might exercise if they chose. It is quite conceivable that an elector after voting for the candidate of his choice may be indifferent to the fate of the remaining candidates and, if so, an enforced expression of opinion on his part would not be of any real value, and should not be counted in determining the result of an election.

Mr. Deakin's failure to carry the alternative vote.

Does then the alternative, or contingent vote, as used in West Australia, solve the problem of three-cornered fights—the problem of three distinct parties seeking representation in Parliament? When a single seat is being contested it is doubtless sufficient if the member elected represents the average views of his constituents, but a General Election based on such a system would yield results no more satisfactory than those of the second ballots. Neither the second ballot nor the contingent vote are acceptable after their true effects are understood, a fact which explains the failure of Mr. Deakin's Government to carry their Preferential Ballot Bill in 1906. Several of the seats held by the Australian Labour Party—as in the elections of Jarrow, Colne Valley, and Attercliffe—were won by a minority vote; the Melbourne Age published the following list of seven constituencies in Victoria where Labour members represented only a minority of the voters:—

Non-Labour Labour
Constituencies. Votes. Votes

Geelong . . . . 1,704 1,153
Ballarat West . . . 2,038 1,034
Jika Jika . . . . 1,366 1,183
Williamstown . . . 1,931 1,494
Bendigo West . . . 1,654 1,248
Grenville . . . . 1,457 1,268
Maryborough . . . 1,929 1,263

Totals . . . 12,079 8,643

Preferential voting would have placed these seats at the mercy of a combination of the other parties, and, somewhat alarmed by the too eager advocacy of the measure on the part of the Age, the Labour Party, which had voted for the second reading of the Bill, procured its defeat on the first division in committee. It is impossible to defend the present system by which the Labour Party, which numbered two-fifths of the voters in these seven constituencies, obtained all seven seats, but, on the other hand, it cannot be alleged that a system of preferential voting, which would have enabled the other parties to have deprived these electors of all representation, was a satisfactory solution of the difficulty. In neither case would justice be done to the claims of three parties to representation.

Probable effect of the alternative vote in England.

A consideration of the possible results of the introduction into the English electoral system of second ballots or the transferable vote in single-member constituencies will show that neither reform will solve the problem presented by the rise of a new party. It is obvious that the Labour Party could by a combination of Conservative and Liberal voters be deprived of representation in all constituencies save those in which they had the support of an absolute majority of the electorate. Nor would the conditions remain the same as they are to-day. In many constituencies in which the Liberals have allowed a straight fight to take place between Tariff Reform and Labour candidates, the Liberal Party would intervene; and should combinations at the polls result in the defeat of Labour candidates, what would be the effect upon the temper and spirit of Labour voters who found themselves under an "improved" voting system less able than before to secure representation in Parliament? Would there not possibly arise a disposition on the part of the disfranchised minority to pursue on the next occasion a wrecking policy such as has distinguished the second ballots both in Belgium and in France? Even apart from precipitate action which might arise as the result of ill-feeling, the alternative vote would afford an opportunity for a predetermined policy on the part of a minority to create dissension between the opponents. The manipulation of the alternative vote would be easily understood. An angry minority of electors could be instructed beforehand to use it, as we know from experience they have used the second ballot on the Continent. Would politicians, following an exclusive electoral policy, hesitate to avail themselves of the weapon which the alternative vote would place in their hands for the purpose of annihilating any section they especially disliked, in the same way as the Liberal Party in Belgium was destroyed by Catholic and Socialist combinations at the second ballots? We cannot escape the conclusion which all experience yields, that both these electoral methods place the representation of any party at the mercy of either temporary or permanent coalitions of other parties. To an even greater degree than under the existing régime, the result of a General Election would fail to reflect public opinion.

The advocates of the alternative vote assume, with but little justification, that this method will be free from the bargainings that have distinguished the second ballots on the Continent. The bargainings naturally take place between the first and second ballots, because that is the most suitable time for the striking of bargains, for the strength of parties is definitely known. With the alternative vote such transactions would take place before the election, upon the basis of the probable position of parties as ascertained by the party agents. Even if experience should show that the transferable vote did not lend itself so easily as the second ballot to the perpetration of those bargains which are detested by all Continental statesmen, yet it is probable that the successful candidate would, like the deputy elected under the system of second ballots, become "the prisoner of the minority." The figures of the election would disclose to what extent the member returned had owed his success to the smallest minority. This minority would be only too conscious that it held the key of the situation, and the member would doubtless be exposed to the same intolerable pressure as has been brought to bear upon members of the French Chamber of Deputies. In any case the position of the elected member would be most unsatisfactory. Were a Labour member returned with the assistance of Tariff Reform votes, would not the parliamentary relations between the various parties become as embittered as when the Unified Socialist candidate at Uzès was enabled by Reactionary votes to capture a Radical seat? What recriminations would accompany the election of a Conservative candidate whose victory was due to Labour votes given to him as an expression of resentment at the action of Liberals in other constituencies? What would be the relations between the Liberal and Labour parties if in a constituency now represented by a Labour member, a Liberal candidate, with the aid of Conservative votes, displaced him? These strained relations would not only exist within the House of Commons itself, but also and perhaps in a more pronounced form in the constituencies themselves. Such conditions would not only invite the sarcasm of all critics of democracy, they would produce the much more serious effect of crippling the successful working of parliamentary institutions.

The alternative vote not a solution of the problem of three-cornered contests.]

Neither second ballots nor preferential voting can solve the problem of three parties seeking representation. They may preserve the outward form of the distinguishing characteristic of the present system—that each successful candidate should secure the support of the majority of the electors voting—but this apparent conformity to the requirements of majority representation is only secured at the cost of destroying the sincerity of the parliamentary system and of rendering the composition of the House of Commons still more unstable than it is to-day. In England the competition of the three parties is most pronounced in the industrial areas, and Mr. Winston Churchill, apparently recognizing the futility of the alternative vote as a solution of the new difficulty, had good grounds for his suggestion that electoral reformers should concentrate their minds upon the proportional representation of the great cities.[7] For proportional representation attacks the new problem on entirely different lines. It provides for the realization of the essentially democratic principle, that the various sections of political' opinion are entitled to representation in proportion to their respective strengths, and that such representation should be independent of the action of other parties. Once this democratic principle is admitted we are in view of the only effective solution of the problem of three-cornered fights—a solution which not only solves this particular difficulty, but meets those serious defects of our electoral system to which attention has been directed in the two preceding chapters. "The theory of Government by party," says Professor Nanson of Melbourne, "is to find the popular mind by the issue of a number of contests between the 'ins' and the 'outs.' But owing to the multiplicity of political issues, this theory is now no more tenable than is the theory that every question can be answered by a plain 'yes' or 'no.' … We require a system capable of finding the mind of the people on more than one issue. With such a system all the difficulties caused at present by the existence of three parties disappear. Instead of being a hindrance three parties will be a help. For each will help to organize public opinion, and so enable the mind of the public on important issues to be more definitely and clearly ascertained."

[Footnote 1: The Albany Review, October 1907.]

[Footnote 2: Reports on the Second Ballot at Elections in Foreign
Countries. Miscellaneous. No. 2. 1908. (Cd. 3875.)]

[Footnote 2: La Representation Proportionnelle en Belgique, p. 7.]

[Footnote 3: An illuminating passage occurs in M. Guyot's article on
"The French Senate and Chamber of Deputies," in The Contemporary
Review, February 1910:—

"A deputy is only elected for four years, and almost on the morrow he becomes again a candidate. If he has been elected at the second ballot, with a rallying of the minority of electors, who have only voted for him as better than nothing, and who can desert him at the next elections, his position is very uncertain. Universal suffrage results in many constituencies in great instability, and it is threatening especially for the men who having had power have been obliged to act, and in acting have dispersed certain illusions which they had perhaps entertained when candidates, and have thus given offence…. Though one be an ex-Minister one is none the less a man. The greater number of men—not only ex-Ministers but men who have any reputation in Parliament—have sought to migrate from the Palais Bourbon to the Luxemburg. The result is that the Chamber of Deputies has not ceased to suffer from a species of inverse selection. No body could retain its vigour under such a system. The most experienced men have left; the composition of the Chamber of Deputies has grown steadily weaker and weaker.">[

[Footnote 4: In Australia the system is known as the contingent or preferentinal vote. In recent years the phrase "alternative vote" has been employed in England, and was adopted by the Royal Commission on Electoral Systems as a means of distinguishing the use of the transferable vote in single-member constituencies from its use in multi-member constituencies for the purpose of securing proportional representation.]

[Footnote 5: The regulations as to counting the votes contained in the
Schedule to the Bill were based upon those in Lord Courtney's Municipal
Representation Bill (see Appendix VI.), the practical application of
which is described in Chapter VII.]

[Footnote 6: Mr. Crawshay-Williams introduced a further Bill (based on that of Mr. Robertson) in 1910. This Bill, in its final form, was made applicable, in accordance with the recommendation of the Royal Commissions on Electoral Systems, to single-member constituencies only.]

[Footnote 7: Reply to deputation of Manchester Liberal Federation, 23
May 1909.]