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Posts Tagged ‘California’

Don’t Blame Prop. 14 for Low Turnout

 

Admittedly I am picking a fight without reading the whole article (because it is behind a pay wall), but in today’s Ventura Star Timm Herdt lays out an argument that Prop. 14’s top-two system of elections is partly to blame for the incredibly low turnout (gated) that we saw in California on Tuesday. He calls the system a failure. While I am not a big fan of the top-two system as it has been implemented in California, I don’t think that you can blame it for just 18% of California’s registrants showing up to vote (or, again, more likely mailing their ballots in).

We are not the only state that uses the top-two system. Washington does as well. In fact, our system is explicitly modeled on Washington’s system. The following graph shows the percent of registrants voting in Washington’s elections from 1952 to 2012 (their first 2014 election will be in August). During the period up to 2002 (the first vertical line), Washington used the blanket primary. After the Supreme Court held the blanket primary unconstitutional, it switched to an open primary system (what they called “pick a primary”) for the 2004 and 2006 elections. In 2008 (the second vertical line), Washington adopted the top-two system, which it has used ever since.

Washington State Turnout

Note that turnout hasn’t cratered in Washington as it has in California. Indeed, turnout in the last three elections looks an awful lot like turnout in the prior elections. Admittedly, these numbers are for the November elections. If we look at the last five primaries (2004-2012), though, we see the same pattern. The turnout numbers are 45.1% (2004), 38.8% (2006), 42.6% (2008), 41.0% (2010), and 38.5% (2012). Again, there is no major drop-off in voter turnout once the top-two system was adopted in Washington.

So why the low turnout if it’s not the top-two system? There are lots of possibilities. Off the top of my head I would offer: The marginalization of the Republican Party in California politics, the fact that we have a popular governor running for re-election, the fact that there were no interesting ballot initiatives to vote on, the fact that there are no major controversies animating California politics right now, and the fact that more people think the state is headed in the right direction. As I said before, it was a boring, low-salience election. There was very little to get people excited about voting. Those are the places where I would look to explain low turnout, not the top-two system.

 

Thoughts on the June 3 Election

Californians (at least a very small number of us) went to the polls yesterday (well, most of us mailed back our ballots and didn’t actually go to the polls). Here are some thoughts, in no particular order of importance:

  • Turnout was really, really, really low–even for a boring election like this one. Right now it looks like turnout among registered voters (who we think are likely to vote because they bothered to register) will be a mere 18.5%. In 2010 and 2006, registered turnout was 33%. This is voter participation looks like in an election where the most compelling statewide race is the Secretary of State contest and there are no big, sexy ballot initiatives to draw people’s attention.
  • At least locally, this election looks to be as close to an all-mail election as we’ve seen in a long time. Last week, over 42,000 mail ballots had been returned to the Registrar’s office. As of this morning, the Registrar reports that just over 50,000 people voted in San Joaquin County. Even assuming that no more mail ballots were submitted (problematic), that means that about 85% of the ballots cast were cast through the mail.
  • Unless I have missed something, there will be no minor party candidates on this fall’s ballot. There will be a handful of No Party Preference candidates, but no minor party candidates were among the top two vote getters in any partisan contest.
  • In 2012, the Democrats blew a great opportunity to pick up the 31st congressional district. The district tilts slightly Democratic in its presidential/gubernatorial voting and in its voter registration, but no Democrat appeared on the November ballot in 2012 because the Democrats could not coordinate and settle on a single candidate. They almost did it again this year. Pete Aguilar, the top vote getter among the four (!) Democrats in the district, received just 390 more votes than the second-place Republican, Lesli Gooch. Aguilar should win against Paul Chabot in November, though.
  • Locally, the state and national contests were largely cake-walks for the incumbents. Jerry McNerney (D, CA-9) received more than 50% of the vote. Jeff Denham (R, CA-10) got more than 57% of the vote. The Assembly and State Senate members all coasted as well (though not all with as large a vote margin).
  • Also, remember, no matter what they say in the media, yesterday’s election was not a primary.

Prop. 14’s Electoral System

A quick reminder: Despite what you hear in the media and despite what it says on your ballot, the California June election is not a primary election.

What is a primary election? I usually discourage students from using dictionary definitions in their papers, but the exercise is useful here. The Concise Oxford Dictionary of Politics defines a primary election as an “intra‐party election enabling voters to participate in the selection of candidates.” Indeed, as Alan Ware documents in his book, The American Direct Primary, primary elections were adopted in the United States precisely so that political parties could regain control over their nominees. The defining feature of a primary election is that rank-and-file party members get to participate in the selection of their party’s nominees for office.

Did you catch that? In a primary election, party members select party nominees for office. Because of Prop. 14, that’s not what will happen in the June election.

In the June election, voters from every political party will go the polls (or, more likely, fill out their ballots at home and then mail them back) and cast their vote for their preferred candidate. While the vast majority of people will cast a ballot for someone from their own political party, there is no requirement to do so. If you are a Republican and you want to vote for a Democrat, you get to do so. If you are a Democrat and you want to vote for a Republican, you can. (I’d say something about voting for a minor party candidate, but there are so few of them that most of us won’t get that option.) The two candidates who receive the most votes will then face each other in the November election. There is no requirement that the candidates be from different parties. If two Republicans receive more votes than the top Democrat, then the two candidates on the November ballot will both be Republicans. If two Democrats receive the most votes, then there will be no Republicans on the November ballot.

So if it’s not a primary election (despite almost everyone claiming that it is), what is the June election? It’s the first stage of a majority-runoff system of elections. As I wrote in my article:

Although there is some debate about the exact classification of California’s new electoral system, most scholars would identify the Proposition 14 system as a variant of majoritarian runoff elections. Riker (1983, 754), for example, defines such a system as one with “three or more candidates with two ballots, in which at the first ballot the winners are the two candidates with the largest and second largest number of votes, and, at the second ballot between exactly these two, the winner is the candidate with a simple majority.” Lijphart (1995, 18) refers to both the Louisiana and Georgia systems [which share characteristics with California's system] as majority runoff systems (see also Norris 1997; Engstrom and Engstrom 2008). Cox (1997) labels these electoral systems “single-member dual-ballot” systems.

So if you are from California, as you sit around and discuss who you will vote for in June don’t use the word “primary.” It doesn’t apply to the election you will be voting in.

Updating Prop. 14 and the Death of Minor Parties

Last year I wrote a number of posts about the impact of Prop. 14 on California’s minor parties. These musings ultimately led to an article, which was published in the California Journal of Politics and Policy, about the minor parties’ experience post-Prop. 14  (gated versionrevised, ungated version). Since the June election is now just weeks away, I thought I would update some of the tables and figures with data from this election cycle.

Overall, 2014 is a continuation of the pattern observed in 2012–there are fewer minor party candidates contesting fewer districts this election cycle compared to prior cycles. The 2012 cycle saw a historically low number of minor party candidates–just 17 (compared with 77 in 2010). In 2014, there are only 14 minor party candidates contesting 12 districts. Table 1 shows the number of minor party candidates and the number of districts contested for each of the three types of legislative districts in California. In general, 2014 looks an awful lot like 2012.

2014 Update Table

In my article, I argue that the decline in minor party candidates principally comes from three factors (in order of increasing importance):

  1. Candidates, knowing they were likely not be one of the top two vote getters and therefore would not make the November election, chose not to run.
  2. The Legislature significantly increased the costs of filing for office for minor party candidates after Prop. 14, changing what had been an essentially costless act into a very costly one. As a result, fewer minor party candidates chose to file for office.
  3. Most importantly, party leaders–especially in the Libertarian Party–no longer recruited candidates as they once did in the face of (1) and (2).

I really want to emphasize the importance of #3 in understanding the impact of Prop. 14 on California’s minor parties. Most of the decline between 2010 and 2012, as shown below, was located in the Libertarian Party. (There was a little controversy over the following chart. See here then here.)

2014 UpdateUnlike the other minor parties (with the exception of the Natural Law Party when it existed) the Libertarian Party has historically relied on a centralized candidate recruitment effort. Moreover, as shown below, until the last two election cycles its number of candidates has largely tracked its statewide party registration numbers. In 2012, though, the person responsible for recruiting Libertarian candidates chose not to repeat the effort. In an email exchange with me, the person specifically identified #1 and #2 as reasons for no longer recruiting candidates. (While I haven’t talked with the person this year, I would be very surprised if there was a recruitment effort in 2014.) As a consequence, while the Libertarian Party’s registration numbers have been ticking upward in the state–reaching a modern high in 2014–the number of Libertarian candidates filing for office has collapsed. Only five candidates filed for office this year. The Libertarian Party now looks like the other minor parties in California.

LibUpdate

It wouldn’t be a post about Prop. 14 and minor parties if I didn’t speculate about what these numbers mean for California’s minor parties, so here goes:

There are two primary ways in which California’s minor parties maintain the ballot qualification status. First, one of their candidates receives at least 2 percent of the November vote for a statewide office (e.g., Governor, Lt. Governor, Insurance Commissioner, and Attorney General). Historically, this has been the principal way in which parties have maintained access to the ballot. Given that none of the parties’ candidates will make it to the November election for these offices, none of the parties will maintain their ballot status this way this cycle.

The second way to maintain ballot status is by having 1 percent of the total gubernatorial vote registered as party members. The minor parties are really lucky that the governor’s race is so very boring this year. Turnout is likely to be low, which will make it easier for the parties to stay on the ballot. The magic number after the 2010 contest (which had relatively high turnout–44%!–because of the Brown-Whitman contest) was 103,004 registrants. Given current registration numbers and an assumed turnout rate closer to 2006, the American Independent, Green, and Libertarian parties should be able to maintain their ballot status. The Americans Elect (a failed “third way” party organized for the 2012 presidential election) and the Peace & Freedom parties, however, will likely lose their ballot status.

(The parties can also gather petition signatures equal to 10 percent of the gubernatorial vote in order to stay on the ballot. Given the expense of doing so, though, I don’t see either party trying this route.)

Are the New Republican Primary Rules a Problem for California in 2016?

The Republican National Committee recently enacted a number of changes to the rules governing its primary process. (Rules changes are a frequent occurrence, and the specific changes are generally a response to the received wisdom about what went wrong last time.) Frontloading HQ has a good round up of the changes.

The general thrust of the rule changes is to compress the primary calendar for the Republican Party. Instead of a process that lasts from January to July, as happened in 2012, the party is trying to get everyone to hold their nominating events between February and May. Here are the big changes in the rules:

  1. The RNC increased the penalties for states that schedule their nominating events before the primary window opens on March 1. (Iowa, New Hampshire, Nevada, and South Carolina will all still be allowed to have earlier events.) Last cycle, Florida, Michigan, Minnesota, and Arizona (among others) all scheduled their events in violation of party rules. This cycle, the penalties for doing so will be greater.
  2. States that hold their primaries in the first part of March will have to allocate their delegates on a proportional basis. (Although, that’s not too hard to do and it doesn’t change the results that much. Again, see Frontloading HQ.)
  3. The RNC plans to schedule its nominating convention in July rather than August. (The belief is that Romney was hurt in 2012 because he couldn’t spend general election money until after he was formally nominated.)
  4. The RNC now requires that states pick their delegates to the nominating convention at least 45 days before the convention begins.

It’s really these last two changes that matter for California. In 2012, our presidential primary took place on June 5. Although we like to pretend that we know the results the day after an election, the results for this election were not certified by the Secretary of State until July 13–38 days after the election. If the same 45-day rule had applied, the earliest the RNC convention could have been held and for California to be compliant would have been the end of August.

Assuming the same patterns and no changes in the date of California’s 2016 primary, California would be in compliance only if the convention were held in the middle of September. But the RNC wants to hold the convention in July. So something is going to have to give. Either California will have to move its presidential primary date earlier, or the RNC is going to have to let California designate its delegates late.

My guess? We move our primary forward. The last time neither party had an incumbent presidential nominee, 2000, California moved its primary forward to March 7. In 2004 and 2008, when the Democratic Party did not have an incumbent candidate, the primaries were respectively held on March 2 and February 5. Only in 2012, when Barack Obama was running for re-election did the state keep its presidential primary at the June date.

That said, we allocate our delegates on a winner-take-all basis. If you get more votes that the next person, you get all of the delegates. Assuming we move the primary to the first part of March as we have in the past, then the California Republican Party will have to change how it allocates delegates to the different candidates.

Update: Frontloading HQ indicates that there is an exception to the 45 certification requirement for states that are controlled by Democrats and therefore may not be inclined to move the primary just to abide by RNC rules (e.g., California). That said, I still expect California to move its primary to March in order to be influential in the Democratic primary process.

The Voting Wars Come to California

Rick Hasen calls this kind of thing voting wars, the extension of partisan conflict into the voting process. Last week, the California Secretary of State certified a ballot initiative for circulation (meaning its sponsors can begin to collect signatures) that would require every California polling-place voter to present a government-issued photo identification and every postal/absentee voter to include information from a government-issued identification (e.g., the last four digits of a Social Security number) in order for their vote to be counted. Never mind that the evidence for the kind voter fraud this requirement addresses is basically non-existent and that these kinds of requirements tend to discourage minorities, poor people, and the elderly from voting. Interestingly, this petition comes shortly after California enacted a new law (SB 360) that allows the state to experiment with new voting technologies (hello, internet voting!) in an effort to help more people to vote.

Here’s the official synopsis:

ELECTIONS. VOTER IDENTIFICATION REQUIREMENTS. INITIATIVE STATUTE. Prohibits citizen’s vote at the polls from being counted unless he or she presents government-issued photo-identification. Establishes provisional voting for citizens at the polls who fail to present government-issued photo-identification. Requires that provisional ballots and mail-in ballots be deemed invalid unless the accompanying envelope contains the citizen’s birthdate, and citizen’s identification number or last four digits of driver’s license, state identification card, or social security number. Requires that election officials verify this information prior to opening or counting ballot. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Increased local government elections costs and decreased state fee revenues, potentially in the range of tens of millions of dollars per year. Potentially increased state funding (about $100 million) to local governments, offset by an equal amount of decreased state funding to local governments in future years. (13-0039.)

Be sure to look for it at a supermarket or mall near you. Then, walk away without signing the petition.

The Future of California Politics?

The California Department of Finance released its new population projections for California counties through 2060. There are a whole bunch of goodies in the report, so I thought I would highlight a few of them here.

First, by 2050, Hispanics are projected to be the plurality ethnicity in California. Here’s the projected ethnic makeup (see p. 6) of California in 2010 and 2060:

PopProjectionsBy 2060, Hispanics will make up 48% of the population (up from 38%), Whites will be 30% of the population (down from 40%), Asian and Pacific Islanders will be 13% (same), African Americans will be 4% (down from 6%), and everyone else will be 5% of the population.

In terms of future voters, these changes have potentially significant implications for California politics. I am not one of the people who thinks that “demographics are destiny” in terms of party politics, at least over the long run, so I don’t think these changes mean that the Republican Party is looking at long term irrelevance in California. If the party keeps its current platform, sure, but there is no reason it has to. Both parties, though, are going to have to adapt to the changing electorate as the issue sets of Hispanic voters are different than the issue sets of white voters.

Second, California will remain relatively young relative to the rest of the country. Our economy (and our budget) will not be as heavily impacted by the Baby Boomers and Generation X moving into retirement. There will still be significant demand, and resources, for public education. The aging of the population will not be uniformly distributed across ethnicities, which will also have significant implications for politics. Whites will grow older faster than any other ethnic group. By 2030, there will be more whites over the age of 65 than under the age of 25 in California. In contrast, there will by almost three times as many Hispanics under the age of 25 as there are Hispanics over the age of 65.

Third, the population–and therefore power–will continue to move inland. Southern California (particularly Los Angeles County) will remain the 800-pound gorilla in California politics, but the Central Valley (Sacramento and San Joaquin valleys) and the Inland Empire (San Bernardino and Riverside) will see their relative populations grow with the rest of the state seeing their relative populations decline. The Central Valley will see its relative population grow 27% between 2010 and 2060. The Inland Empire will see relative growth of 28%. The Bay Area, in contrast, is projected to see the steepest decline in its relative population (down 10%). These changes mean that over time the Central Valley and Inland Empire will gain representatives in Sacramento and Washington DC while other areas see their representation decine.

Fourth, San Joaquin County will more than double in size between 2010 and 2060. San Joaquin will go from being the 15th largest county in California (with just under 700,000 residents) to the 12th largest county (with over 1.5 million residents). Hispanics will account for more than half of this growth.

 

Gay Marriage and the Supreme Court – How Will it Decide the Issue?

November 12, 2012 9 comments

In my last blog, I discussed the question of whether the Supreme Court is more likely to grant certiorari to the various DOMA petitions that raise same sex marriage issues in relation to the distribution of federal benefits or to grant review to the Prop. 8 case that raises the substantive question of whether gay marriage is protected under the Constitution. The Court will meet in conference to review the gay rights petitions on November 20, and the electoral victories for gay marriage laws in Maine and Maryland will only elevate the prominence of the issue for the justices (Liptak 2012). Assuming the Supreme Court does grant cert to California’s Prop. 8 case, a more compelling question, at least from my perspective, is how the Supreme Court might rule on the substantive issue of gay marriage. In a couple of articles, Denniston suggests that the Court may end up simply deciding the case on the same narrow grounds as the Ninth Circuit Court did, namely that a state cannot take away a Constitutional right of homosexuals to marry once the Supreme Court had already recognized that right under the state Constitution (Denniston 2012a, Denniston 2012b). Although this outcome may indeed occur, judicial scholars and court watchers would be far more interested in trying to predict how the Supreme Court Justices would resolve the substantive question at hand:  Do same sex couples have a Constitutional right to marry?

The attitudinal model of judicial behavior provides a method for answering this question. Over the past fifty years, the attitudinal model has dominated judicial scholarship in the United States as the leading explanation for how justices vote in specific cases. Indeed this model of judicial decision-making has gained such prominence, that in one of my articles I suggest that it has generated a “cottage industry of work assessing the validity of the attitudinal model across a wide range of … courts” (Wetstein and Ostberg 2005). Advocates of this theory, like Jeffrey Segal and Harold Spaeth (1993, 2002), argue that justices come to the Supreme Court with certain attitudes and values about various political, social, and economic issues. These attitudes and values, in turn, necessarily influence how they vote in specific cases across a wide spectrum of issues. These attitudes and values that the justice bring to the Court play the most important role in explaining judicial decision-making. Scholars, like Segal and Spaeth argue the values of a Supreme Court justice have a more pivotal role in determining how they vote than precedents, small group interaction, or whether they adhere to a philosophy of judicial activism or self-restraint. What this boils down to is that conservative justices vote conservatively and liberal justices vote liberally across a broad range of issues.

You might be saying to yourself — well of course this is true, but scholars are always looking for evidence to back up the theories they advocate. The Court’s ruling in Bush v. Gore, 531 U.S. 98 (2000), provides one of the best examples of attitudinal decision-making on the modern high Court, where the five most conservative justices ruled in favor of the Bush position on the recount of votes in Florida while the four most liberal justices sided with Gore’s position. Although they believe that attitudes play a role at all judicial levels, as Segal (2006) points out “it should be at its highest at the U.S. Supreme Court level.” Attitudinal arguments hold considerable weight in the realm of political science because these scholars have managed to show across hundreds of empirical studies the veracity of this claim.

If we apply this approach to the Prop. 8 issue, we find that the current Court is equally split 4 to 4 down liberal and conservative lines, with Justices Roberts, Alito, Scalia, and Thomas found at the conservative end of the liberal-conservative spectrum, and Justice Breyer, Ginsberg, Sotomayor, and Kagan anchoring the liberal end. Ironically, the justice who is found in the middle on many Constitutional issues that wind their way to the Roberts Court is Justice Kennedy, who taught at Pacific McGeorge for over thirty years. For example, in the first term of the Roberts Court, Justice Kennedy joined the majority in 24 cases decided by a 5-4 margin, the most of any justice (SCOTUSblog). As in many other Constitutional cases, judicial scholars and lawyers alike believe he holds the pivotal vote in the gay marriage debate. Indeed, his vote is considered so important, that Theodore Olson and David Boies, who started the Prop. 8 lawsuit, carefully constructed their arguments in the case with Justice Kennedy in mind in the event this case actually reached the Supreme Court (Socarides 2012).

To understand how Justice Kennedy might decide the Prop. 8 issue one might turn to the stances he has taken in his prior rulings in the gay rights area for some evidence, especially those at the Supreme Court level. In 1980, when Justice Kennedy was on the Ninth Circuit Court of Appeal, he joined the majority in upholding a policy that allowed the military to discharge homosexuals because of the additional security demands that must be maintained and enforced in the military context, but he acknowledged that in other situations such a policy might not be warranted (Beller v. Middendorf, 632 F.2d. 1388 (1980, 9th Cir.)). His stance on gay rights became more evident once he joined the Supreme Court, and is most readily found in his precedent setting ruling in Lawrence v. Texas (156 L. Ed. 2d. 508 (2003)). In that case, the Court struck down a Texas law criminalizing homosexual sodomy between consenting adults as a violation of their liberty interest under the Due Process Clause of the 14th Amendment. Justice Kennedy, writing for the majority claimed, “Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions” (Lawrence v. Texas, 156 L. Ed. 2d 508, at 562). This ruling overturned Bowers v. Hardwick, 478 U.S. 186 (1986), an earlier Rehnquist Court ruling which upheld a similar Georgia statute, and also underscored Justice Kennedy’s personal liberty and human dignity jurisprudence.

Justice Kennedy also demonstrated the ideals of personal and political liberty in his earlier majority opinion in Romer v. Evans, 517 U.S. 620 (1996), where the Court struck down a voter adopted amendment to the Colorado Constitution that prevented state and local government from creating ordinances and statutes that barred homosexual discrimination. According to Justice Kennedy, this amendment must be struck down because it identified, isolated, and treated one group of citizens differently from all other citizens, and thus violated the Equal Protection Clause of the 14th Amendment. At one point he stated, “Homosexuals, by state decree, are put in a solitary class with respect to transactions and relations in both the private and governmental spheres. The amendment withdraws from homosexuals, but not others, specific legal protections from the injuries caused by discrimination, and it forbid reinstatement of these laws and policies” (Ducat 2009, 1316). Taken together, Justice Kennedy’s prior rulings indicate that if the Court were to agree to hear the Prop. 8 case during the 2012 term, and decide the issue on its merits, the Supreme Court would probably hand down a 5-4 ruling in favor of same sex marriage. Such a decision would place the Court and Justice Kennedy on the “right” side of history as public opinion shifts increasingly toward support for gay marriage. This shift in public opinion is evident in the voter sentiment last week supporting gay rights in Maine and Maryland.

Despite this prediction, one must keep in mind that it is not easy to predict how the middle justice on the Supreme Court, in this case Justice Kennedy, will vote in a given dispute or issue area. This points to one of the limitations of the attitudinal model. Although scholarship has found that it is easy to predict the judicial voting behavior of judicial ideologues, or those that are found at the extreme end of the liberal-conservative spectrum, it is much harder for attitudinalists to predict how more pragmatic, centrist justices will rule on a controversial constitutional issue. Despite this underlying flaw in the attitudinal approach, the model provides one of the most powerful explanations for judicial decision-making on the U.S. Supreme Court to date.

Works Cited
Beller v. Middendorf, 632 F.2d. 1388 (1980, 9th Cir.).

Bowers v. Hardwick, 478 U.S. 186 (1986).

Bush v. Gore, 531 U.S. 98 (2000).

Denniston, L. (2012a, August 22). Gay marriage cases: Now up to seven. Retrieved August 27, 2012, from SCOTUSblog: http://www.scotusblog.com/2012/08/gay-marriage-cases-now-up-to-seven.

Denniston, L. (2012b, August 10). Judge: No right to same-sex marriage. Retrieved August 27, 2012, from SCOTUSblog: http://www.scotusblog.com/2012/08/judge-blocks-same-sex-marriages.

Ducat, Craig R. 2012. Constitutional Interpretation, Ninth Edition. Boston: Wadsworth-Cengage.

Lawrence v. Texas, 156 L. Ed. 2d 508 (2003).

Liptak, Adam. 2012. States’ votes for gay marriage are timely, with justices ready to weigh cases. New York Times, November 8, 2012, P7.

Romer v. Evans, 517 U.S. 620 (1996).

SCOTUSblog. 2012. Statistics. Retrieved October 1, 2012 from SCOTUSblog: http://www.scotusblog.com/statistics.

Segal, Jeffrey A. 2006. The Attitudinal Model. Retrieved August 31, 2012, from Empirical Legal Studies Blog: http://www.elsblog.org/the_empirical_legal_studi/2006/07/the_attitudinal.html.

Segal, Jeffrey A., and Harold J. Spaeth. 1993. The Supreme Court and the Attitudinal Model. Cambridge: Cambridge University Press.

______. 2002. The Supreme Court and the Attitudinal Model Revisited. Cambridge: Cambridge University Press.

Socarides, Richard. 2012. Gay Marriage Battle Heads for the Supreme Court. Retrieved September 3, 2012 from Newyorker.com: http://www.newyorker.com/online/blogs/newsdesk/2012/06/gay-marriage-battle-surpeme-court.

Wetstein, Matthew E., and C.L. Ostberg. 2005. “Strategic Leadership and Political change on the Canadian Supreme Court: Analyzing the Transition to Chief Justice.” Canadian Journal of Political Science 38 (3): 653-73.

The Vanishing California Republican Party?

November 7, 2012 4 comments

Buckle up California. The state Republican Party is flirting with complete irrelevancy this election. If the current returns hold, Democrats will control 2/3 of both the State Senate and the State Assembly, giving them complete freedom in Sacramento. The one lever that the Republican Party has held in California politics–especially after Prop. 25 (2010) lowered the threshold for passing a budget to a simple majority–is that a 2/3 vote is required to raise revenue. They may not have that lever any more.

There are 40 State Senators, and 27 votes (2/3*40=26.8) are required to pass a revenue increase. The Democrats already control 14 seats, and appear to be winning 14 more. There are no close contests here. Democrats should have the 2/3 supermajority required in the State Senate.

There are 80 Assembly members, and 54 votes (2/3*80=53.6) are required to pass a revenue increase. The Democrats appear to have won 54 seats. The two closest contests are AD-65 (Anaheim), where Sharon Quirk-Silva (D) leads Chris Norby (R) by just 1,004 votes, and AD-32 (Hanford), where Rudy Salas (D) leads Pedro Rios (R) by an even more minuscule 268 votes. Expect some lawsuits over the recount here, because right now 268 votes are all that stand between Republican relevance and Republican irrelevance.

Of course, all these numbers are provisional. That said, if the results hold after the various recounts, the Republican minority won’t even need to bother to show up in Sacramento. The Democrats won’t need them to do anything.

Update [11/8 at 5:00 PM]: Both Salas and Quirk Silva still lead. Salas’s margin is still at 268 votes. Quirk-Silva’s has gone up to 1,043 (up 39).

Update [11/13 at 11:30 AM]: Salas is now way ahead, having built a 2,500 vote lead. Given the low number of votes in the district, the difference is enough to move it off the Secretary of State’s “close contest” list. Quirk-Silva’s lead is now the smallest (at least in those contests where a Democrat is facing a Republican) at a little more than 2,200 votes.

Prop. 14 and California’s Minor Parties

October 24, 2012 2 comments

This op-ed appears in today’s LA Times. I’ve expanded it a little to document some of the claims from political science research.

When sample ballots started arriving this month, many California voters must have wondered where all the candidates went. Previously it was possible to vote for someone other than a Republican or Democrat; most voters will not have that option this year. Some won’t even get to choose between a Republican and Democrat. They’ll have to pick between two Democrats or two Republicans.

What happened to all the other candidates? Proposition 14 and the California Legislature happened. Neither was good for democracy.

One characteristic of democratic systems is that voters have freedom of choice; they get to cast their ballot for whomever they consider the best option. In American politics, that means if the Republican and Democratic candidates aren’t good enough, they can vote independent, Libertarian, Green or write in someone else. Even if the candidate doesn’t win, voters still get to make their preferences known.

Proposition 14 and the Legislature removed that possibility.

Proposition 14, passed in 2010, changed California elections from a system with partisan primaries followed by a general election to a two-stage run-off election. Before, political parties and their voters nominated candidates in separate primaries. Every qualified party was guaranteed a line on the November ballot, and voters were able to choose from among those candidates. Now, all the candidates for congressional, state legislative and statewide offices–regardless of party–appear together on the first ballot, and only the top two candidates–again, regardless of party–compete in the general election.

To be sure, there were good motives for changing the electoral system. The hope was that doing so would reduce the level of partisan dysfunction in Sacramento. Unfortunately, political science research finds that open primaries do not necessarily lead to less-partisan legislatures (see here, ungated; here, gated; and here, ungated version). In fact, they can lead to just the opposite.

The change did discourage minor party candidates from running. More important, as a minor party representative told me, it discouraged the recruitment of candidates. Why try to persuade people to put their time, energy and money into what is almost certainly a brief, losing effort? When most people identify and vote either Republican or Democratic, the odds of a Libertarian or Green Party candidate getting one of the top-two spots is incredibly small. In the old system, the candidates were guaranteed to appear on the November ballot. Now, they are almost guaranteed not to appear on the ballot.

A minor party candidate’s best chance to make the general election ballot is to run against an unopposed incumbent, but the Legislature made a change that discouraged them from even considering that. It made running for office much more expensive for minor party candidates. In order to appear on the ballot, all candidates have to either pay a fee ranging from about $1,000 to $2,000, depending on the office being sought, or gather signatures from registered voters in lieu of the fee. In February, the Legislature increased the number of signatures needed for minor party candidates from a maximum of 150 to between 1,500 and 10,000, depending on the office.

Unlike the major parties, minor parties and their candidates do not have the resources to gather the requisite signatures. There are also far fewer people who identify with the minor parties in each district. The change, then, was a de facto increase in the filing fee for minor party candidates.

Political science research shows that even minor increases in filing fee costs and signature requirements can decrease the number of candidates seeking office (see here and here). Moreover, the effect is larger for minor parties than for the major parties. Representatives from California’s minor parties told me that the new signature requirement had a chilling effect on their ability to recruit people to run for office. People who would have run in 2010 (and, in some cases, did) chose not to in 2012.

Is it any wonder, then, that 2012 saw the fewest minor party candidates in California in almost 50 years?

Elections in a democracy are supposed to be about choice. Proposition 14 and the Legislature reduced voters’ choice and made California elections less democratic.

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