ELECTORAL

REPRESENTATION
IN
ANOTHER
COUNTRY

CHAPTER 10
BY D I N A M A G A R
SYLLABUS POINTS
• The electoral and voting systems
of another country
• Essential to the understanding
of representation are the
principles of
• fair elections and participation.
 NEW ZEALAND
• New Zealand is a liberal
democracy and shares a common
heritage with Australia. Like
Australia, it was a British colony. It
was granted self-government in
1852 and eventually became
independent in 1907.
• As a colony of Britain in Oceania it
was involved in the colonial
conventions which led to the
Australian federation. New
Zealand suggested it may even
join the federation, but never did.
• Australia and New Zealand are
sibling nations; they have fought
together as the ANZACs, indicating
just how closely related they are.
THE UNITED STATES OF
AMERICA
• The United States of America
(US) is a liberal democracy like
Australia and New Zealand. It
was also a British colony, but
unlike Australia and New
Zealand it had to fight a war—
the American Revolutionary
War of 1775–1783—to become
an independent country.
• Australia and New Zealand
have had close political,
economic and social ties with
the US since World War Two
when all three countries
fought together in the Asia-
Pacific region.
 COMPARING POLITICAL AND LEGAL
SYSTEMS — AUSTRALIA AND NEW
ZEALAND
Similarities
• New Zealand has cultural, political and legal affinities with Australia. Like Australia, it adopted
the Westminster system of responsible government with an elected, representative
parliament. It has a parliamentary executive formed within and responsible to the parliament.
• It has an independent judiciary based on English common law and the adversarial system of
trial.
• Both are constitutional monarchies, with the British Crown forming part of each nations’
parliaments and executives. Each has a Governor-General representing the Crown.
• Calling an election is the same in each county. In both countries, the Prime Minister advises
the Governor-General to dissolve the parliament and issue writs for an election. Both
countries’ parliaments have three-year terms and, in each case, the Prime Minister may call an
earlier election.
• New Zealand has the Electoral Commission, which performs a similar role to the Australian
Electoral Commission. It is an independent authority responsible for running all facets of the
election.
 COMPARING POLITICAL AND LEGAL
SYSTEMS — AUSTRALIA AND NEW
ZEALAND
Differences
• Where Australia is a federation, New Zealand is a unitary state with no sovereign state
governments. Consequently, its national sovereignty is vested in a single parliament.
• Another fundamental difference is that Australia has a bicameral legislature, New Zealand
has a unicameral legislature. New Zealand’s single house of parliament is called the House
of Representatives. The fact that New Zealand has a unicameral legislature becomes very
significant when considering the electoral systems of each country.
• New Zealand has no written constitution and, like Britain, relies on unwritten Westminster
conventions and a series of statutes. Therefore, New Zealand has an unwritten
constitution.
• While Australia and New Zealand also have indigenous First Nations peoples - there is a
critical difference between the two countries in relation to indigenous peoples’ political
and legal status. This has implications for each country’s electoral system.
• Britain and the Mãori people signed the Treaty of Waitangi which recognised the Mãori’s
place in New Zealand law and grants the Mãori people special legal status as a First
Peoples minority in their own country. As a result, the New Zealand electoral system
provides for Mãori electorates and, therefore, guaranteed representation in the
parliament.
 CHOOSING NEW ZEALAND’S
ELECTORAL SYSTEM
New Zealand’s enthusiasm for electoral reform has
led to a system that aims to achieve a variety of
outcomes. It seeks to:
1. produce effective and stable government reflecting
the will of the majority;
2. provide accountability of representatives with
direct links to electors;
3. be fair to electors, candidates and political parties;
4. represent society’s diversity; and,
5. because of the Treaty of Waitangi, they represent a
special minority — New Zealand’s First People — the
Mãori.
The list above makes it clear that New Zealand sought
an ‘ideal’ electoral system and, therefore, required an
electoral compromise.
 THE CHALLENGE OF
UNICAMERALISM
• In 1993, New Zealand held a referendum in to replace
their first past the post system with the mixed member
proportional system (MMP) that was formally adopted in
1996.
• MMP is an electoral system specifically designed to solve
New Zealand’s electoral problem’. MMP is a blended
system combining majoritarian and proportional features
into a system able to elect a unicameral parliament and
deliver multiple forms of representation.
• The majoritarian part of MMP is first past the post (FPP).
The proportional part is a party list system.
• New Zealand also incorporates a system called communal
representation in its electoral system a system that
guarantees representation for a particular community. In
New Zealand’s case, the Treaty of Waitangi recognises the
special status of the Mãori. The electoral system has been
designed to ensure Mãori representation in parliament.
• Thus, New Zealand’s system can be represented as
follows:
a) FPP plus party list = MMP; then
b) MMP plus communal representation = New Zealand’s
electoral system.
HOW THE ELECTORAL The House of Representatives
SYSTEM WORKS • Elections are used to fill the New
Zealand House of
Representatives with
representatives from electorates
and political parties.
• There are 120 seats in the House
of Representatives, but this not a
fixed number and can change
from election to election
depending on the results.
 • In New Zealand all citizens and permanent residents 18
ELECTOR years of age and over are entitled to the political right to
vote. There is universal suffrage and a wide franchise,
FRANCHISE AND with few limitations on the right to vote.
• It is compulsory to enroll to vote. However, in New
CASTING OF Zealand, the act of voting is voluntary.

VOTES • New Zealand electors get one ballot paper (same as

Australia)on which two methods of voting are printed:
• • the first vote is a ‘party vote’; and
• • the second vote is an ‘electorate vote’.
• As a result of electors having two votes to cast there are
two types, or classes, of members of parliament (MPs):
• • list MPs, who are nominated by their political party;
and
• • electorate MPs, who win seats in either:
• – general electorates; or
• – Mãori electorates.
• Electorate MPs are elected first. List MPs are then added
to the House of Representatives to top-up’ political
parties’ representation. Topping-up top- seats using List
MPs ensures political parties receive seats in parliament
 THE PARTY VOTE — DETERMINING THE
PROPORTION OF SEATS PER PARTY
• Party list is a proportional multi-member electorate system. The electorate is the entire country.
There are no individual candidates on the party ballot paper, only the names of political parties.
Because New Zealand uses first past the post, there are no preferences.
• A political party must receive a threshold of five per cent or more of the vote to be entitled to
seats in parliament. Parties are entitled to seats in proportion to the vote received. Thus, if a
party receives 30 per cent of the vote, it will receive 30 per cent of 120 seats, or 36 seats in
total.
• Parties list their candidates on a ‘party list’ which is registered with the Electoral Commission
before the election. The Electoral Commission draws List MPs from their party list in the order
the party decided — the first List MP to be elected is the top-ranked candidate on their party’s
list.
• Political parties are entirely in control of their List MPs. This presents a weakness regarding
accountability — electors have no control over whom a party puts at the top of its party list and
they cannot directly choose a List MP.
• Electors use their first vote (their party vote) to vote for their choice of political party. Note, the
party vote only determines the proportion of votes each party receives. It does not elect MPs
• The Electoral Commission counts the party votes to determine the proportion of seats each
party is entitled to in the House of Representatives.
 There are two types of electorates in New Zealand.
1. General electorates; and
THE
•

• 2. Mãori electorates, which guarantee communal

ELECTORATE representation.

VOTE — • All electorates must have about the same number of

electors to ensure one vote one value. The government
ELECTING calculates electorate sizes based on census data.

ELECTORATE • New Zealand has two main islands, the more populated
North Island and the much less populated South Island.
MPS The Electoral Act 1993 (NZ) specifies the South Island
must have 16 General electorates. To calculate the total
number of electorates the following formula is used:
Electors may be enrolled on either the General
electoral roll or the Mãori electoral roll. They
cannot be enrolled on both. However, there are
restrictions on who can enrol on which
electoral roll:
• Mãori New Zealanders may choose to enrol
Mãori for either the General electorate or
which electorate represents their location;
whereas
• Pakeha (European New Zealanders) and other
New Zealanders may only be enrolled in their
General electorate.
Electors use their second vote — the electorate
vote — to vote for their General or Mãori
electorate candidate. The Electoral Commission
counts the votes for each General and Mãori
electorate and declares each electorates’
winner based on a simple majority (a plurality).
This FPP system elects all Electorate and Mãori
MPs.
 FILLING THE HOUSE OF
REPRESENTATIVES
The Electoral Commission fills the House of Representatives in the following order,
using party and electorate votes.
1. Party votes are counted first to calculate the number of seats to which each party is
entitled based on the proportion of votes it received.
2. Electorate votes are counted.
3. Electorate MPs are elected to the House of Representatives.
4. The number of electorates won by each party is noted and compared to each political
parties’ proportional entitlement of seats.
5. If a party does not win enough electorates to reach its proportional entitlement of
seats, List MPs are drawn from the party’s list to top-up’ their number of seats.
6. If a party exceeds its proportional entitlement of seats by winning too many
electorates, the Electoral Commission will add additional MPs from other parties’ lists
to expand the size of the House of Representatives until each political party has
attained its proportional entitlement.
Once again, each elector has two votes. The first vote is a party vote used to determine
the proportion of seats to which each party is entitled in the House of Representatives.
The second vote is an electorate vote for either a General electorate or a Mãori
electorate. It elects MPs with a direct link to a constituency of electors, making them
delegate, trustee or partisan representatives more directly accountable.
 EVALUATING NEW
ZEALAND’S
ELECTORAL SYSTEM
• The following criteria form the goals
of an ‘ideal’ electoral system in that
they:
• 1. produce effective and stable
government reflecting the will of the
majority;
• 2. provide accountability of
representatives with direct links to
electors;
• 3. are fair to political parties;
• 4. represent society’s diversity; and,
• 5. because of the Treaty of Waitangi,
they may represent a special minority
— New Zealand’s First People — the
Mãori. The extent to which MMP
achieves each of these criteria can
now be evaluated.
EFFECTIVE
STABLE
GOVERNMENT
 ACCOUNTABILITY OF REPRESENTATIVES
• Single-member electorates provide strong direct links between
electors and their MP because there is only one MP to hold to
account and electors vote for or against them individually.
• In the 52nd New Zealand Parliament there were 64 General
and seven Mãori MPs out of a total of 120 MPs. This group of
directly elected MPs means MMP does provide proper
accountability.
• It is also almost impossible for electors to hold the List MPs to
account. List MPs are chosen by parties, not directly elected by
the electors.
• In the 52nd Parliament there were 49 List MPs. No one can say
specifically which region of New Zealand or which group of
New Zealanders any particular List MP represents. They
collectively represent the whole country and those who voted
for their party, no matter where they live.
• The dilution of List MPs’ links to constituents reduces the
accountability of MMP.
 FAIRNESS TO POLITICAL PARTIES
• There is no doubt MMP is fair to parties. If a party achieves
five per cent of the national vote it will get seats in
parliament.
• The two party system created by the previous FPP system
saw the National Party and the Labour the executive. MPP
has broken the two party system and weakened the power
of the major parties. Minor parties now regularly win seats
and get ministerial positions in governments formed by one
of the two major parties. (See Table 10.1) New Zealand First
has been the most significant minor party since MMP was
introduced.
• The ability to choose List MPs gives power to political
parties. Some argue the power to choose List MPs results in
parties choosing poor quality, but loyal, party candidates.
Others argue it allows parties to choose candidates who
might not get elected as Electorate MPs because of their
background — so called ‘diversity candidates’. Either way, it
gives power to political parties.
REPRESENTING
• There is no doubt about the increased
diversity of the New Zealand House of
Representatives since MMP was introduced.

DIVERSITY • Firstly, there are many more parties

represented in parliament. The
proportionality of MMP ensures even small
parties win seats if they get at least five per
cent of the vote. Table 10.1 provides
evidence of multi-party representation in
parliament and government.
• Secondly, many more women are being
elected. Forty per cent of all female
representatives have been elected as List
MPs chosen by their parties.
• MMP allows parties to nominate individuals
such as women, ethnic groups and other
minorities who may struggle to get elected
as Electorate MPs in single-member
electorates due to social and cultural
prejudices.
• The importance of party lists and List MPs to
diversity has been recognised. There is a
proposal to reform MMP to Electorate to List
MPs at 60:40 to maintain fix the ratio of
diversity.
 REPRESENTING A SPECIAL MINORITY
• The communal representation component of the electoral
system guarantees Mãori representation in parliament — at
least seven seats.
• Communal representation is achieved through communal
voting. As Mãori people have the option to enrol in Mãori
electorates, these First Peoples can choose to vote
collectively to represent and forward their special interests
in the parliament.
• Only Mãori people can be candidates for the seven Mãori
electorates. Furthermore, the Mãori Party is entitled to a
proportion of seats if it wins over five per cent of the vote.
• The Mãori Party has a party list from which List MPs are
elected to fill normal (non-Mãori) seats.
• Additionally, Mãori people can stand for election as
candidates for any party in a General electorate. They can
also be elected as List MPs for other parties. In fact, 20 per
cent of all Mãori persons elected to parliament are List MPs.
THE UNITED
STATES OF
AMERICA
TWO ELECTIONS
• One distinction between
parliamentary systems such as
Australia’s and presidential
systems like that of the US is the
election of the executive branch.
• It is worth noting that the US has
two elections—one for its
executive and one for its
legislative branch, whereas
Australia has only one for both
the executive and the legislature.
 VOLUNTARY VOTING AND
MANAGEMENT OF
ELECTIONS
• The US has voluntary electoral enrolment and
voting. Because, by law, voting in the US is not
compulsory, great effort is made by political parties
and candidates to encourage their supporters to
enrol and vote. Voluntary voting reduces political
participation.
• All 50 states run their own electoral systems for
both Presidential and Congressional elections,
within the limits of the Constitution. This means
that there is no nationally consistent electoral
system. Different states use different methods to
enrol electors, cast ballots, count votes and
declare results.
• There is a wide variance between state electoral
processes, especially laws governing political
rights, such as the right to vote. of political rights,
a problem which affects the participation of African
Americans in the electoral system to a greater
extent than other Americans. The result is
inequality
• The Federal Election Commission (FEC) is
an independent agency appointed by the
President and confirmed by the Senate.
The FEC has responsibility for overseeing
campaign finance and donations to
political parties and candidates. The FEC
does not organise and run elections. Its
role is less important than the Australian
Electoral Commission (AEC),
• Election Day is set by law. It is always a
Tuesday in early November. The choice of
the month of November and a weekday is
a legacy of an agrarian past.
• Today, weekday voting results in a
reduction in political participation
because many people cannot leave work
to vote. This was never the intention of
the law, but like many historical features
of systems of government, it remains as it
was originally.
ELECTING THE FEDERAL
EXECUTIVE
• The executive of the US is
composed of an elected
President and Vice
President, and a cabinet of
secretaries appointed by the
President.
• Section 1 of Article 2 of the
US Constitution sets out the
process for electing the
federal executive.
• A President is elected for a
four-year term and is limited
to two terms.
 PRIMARIES—THE PARTIES ELECT THEIR
PRESIDENTIAL CANDIDATES
• https://www.youtube.com/watch?v=yn5cama_0lk&ab_channel=VoiceofAme
rica
• What is the Difference Between a Caucus and a Primary? | VOANews
• Primaries and caucuses are electoral competitions held by each of the major
parties to elect their presidential candidates.
• The Republican Party and the Democratic Party are the two major parties. Many
candidates nominate, and the parties’ primaries and caucuses elect the final
candidate. Primaries are votes by secret ballot, whereas caucuses are open
meetings where members discuss and informally vote for candidates. The
process for the primaries and caucuses varies between parties and states.
• State primaries and caucuses send delegates to their party’s national
convention. The winner of the voting at the national conventions becomes the
party’s nominated presidential candidate.
• The successful candidate chooses a vice presidential running mate. These
national conventions are clearly very significant events in the electoral process.
 ELECTORAL COLLEGE—THE PEOPLE
ELECT THEIR PRESIDENT
• The Constitution specifies that an Electoral College elects the President and Vice
President. The Electoral College is a body of popularly elected delegates from each of the
50 states and the District of Columbia. Its original 18th Century purpose was to limit
‘mob rule’ by preventing an uneducated population from directly electing the President.
The Electoral College would instead be composed of wise statesmen who would then
elect a President.
• This system continues today, despite the fact that most Americans are well educated and
do not need others to vote for them. When Americans vote for their President, they are
formally electing state delegates to send to the Electoral College which College is,
therefore, an indirect process.
• When Americans vote for their President, they are formally electing state delegates to
send to the Electoral College which will then elect the President using the first past the
post system.
• The election of the President via the Electoral College is, therefore, an indirect process.
• Each state has Electoral College delegates equal to the state’s combined representation
in the House of Representatives and the Senate. California—the largest state—has 53
seats in the House of Representatives and two Senate seats, giving it a total of 55
Electoral College votes.
• For example, winning a simple majority of votes
in California gives a candidate all 55 of the
state’s Electoral College votes. Only two states,
Maine and Nebraska, do it differently. These
states allocate Electoral College votes
proportionally to the presidential candidates
based on the percentage of the state vote they
receive on Election Day.
• To be elected President, a candidate requires
270 or more votes of the total 538 Electoral
College votes. A candidate may win fewer states
by larger margins, while their opponent may win
a larger number of states by smaller margins. If
this happens, the Electoral College system can
result in a candidate winning the majority of
Electoral College votes with less than a majority
of the national vote.
• This happened in the 2016 election when Hilary
Clinton received more of the national people’s
vote, but less Electoral College votes than
Donald Trump. Trump was elected President,
thus undermining majority rule.
 ELECTING THE LEGISLATURE
• The US Congress is a bicameral representative legislature. The US House of
Representatives is a people’s chamber, representing each state in proportion to its
population. There are 435 Representatives in the House. California has 53 House
seats, more than any other state. The seven smallest states, including Alaska and
Montana, have only one representative each.
• The Senate is a federal chamber where states are represented equally. All states
have two senators.
• State congresses make electoral laws for electing their state’s federal congressmen
and women. Electoral laws across the country therefore vary. State congresses also
control the boundaries of electoral divisions.
• The result is the gerrymandering of federal congressional districts in many states,
and to varying degrees. Gerrymandering deliberately reduces equality of political
rights and undermines other democratic principles such as majority rule and
participation.
• Features such as these are in stark contrast to Australia where one national electoral
law governs elections, and elections are administered entirely by the independent
AEC. Australia upholds equality of the right to vote to a greater extent than the US.
• Congressional elections occur every two years, in an even year—
one of the shortest electoral cycles in the democratic world. The
entire House of Representatives is elected every two years. (One-
third of the Senate is elected at the same time as the House (that
is, senators have six-year terms). This is called ‘Senate rotation’
and ensures a residual of experienced senators remain after every
election, providing stability to government.
• Every second election, a congressional election coincides with a
presidential election; these are called ‘on-year elections. Alternate
congressional elections are called ‘mid-term elections’ or ‘off-year
elections’ because they occur halfway through a president’s four-
year term.
• Mid-terms are sometimes considered referendums on the
performance of the President. For example, the 2018 mid-terms
saw the Democratic Party win control of the House. Some
interpreted this result as the people’s judgment on the
performance of Republican President Trump.
• Voting for the 435 House of Representatives electoral districts is
by the first past the post system. There are multiple single-
member electorates in each state. Senate seats are also elected
using first past the post, but in this case the whole state is the
electorate.

•
CONCLUSION
THE 2016 US
PRESIDENTIAL
ELECTION
• In November 2016,
businessman and reality TV
star, Donald Trump, and
Indiana State Governor, Mike
Pence, won 304 of the 538
Electoral College votes to
become President and Vice
President of the United States,
respectively.
• Trump’s victory was
unexpected since he was
considered an unlikely
Republican Party candidate and
ran against a strong
Democratic Party candidate in
Hillary Clinton.
 PARTIES NOMINATE THEIR
CANDIDATES
• Well before Election Day, the Republican and Democratic Parties must
first select their presidential candidates. A process of elections at state-
based primaries and caucuses democratically chooses candidates. Many
states hold their primaries on the same Tuesdays in March. These are
called ‘Super Tuesdays’.
• Donald Trump ran for President as the Republican Party candidate. This
party is referred to as the ‘Grand Old Party’ or GOP. He defeated 16
Republican hopefuls to win the GOP nomination. One prominent candidate
was Jeb Bush, brother of George W Bush and son of George H W Bush,
both former Republican Presidents.
• Many did not expect Trump to win the GOP nomination. He was not a
typical Republican presidential candidate—he was very much anti-
establishment’. His win demonstrated the power of ordinary party
members to override ‘the desires of the GOP elite and illustrates the
power the primaries/caucuses have as a process of democratic candidate
selection.
• Donald Trump’s presidential rival was Democratic Party nominee Hillary
Clinton. As the wife of former Democratic President, Bill Clinton, and
Secretary of State to the former Obama Administration, Senator Clinton
was an establishment’ candidate and the first woman to be nominated by
a major party. She had won ‘the Democratic Party nomination against
‘anti-establishment’ candidate Bernie Sanders in a close fought contest in
the Democratic Party primaries and caucuses.
 THE CAMPAIGNS
• Donald Trump ran a populist and nationalist
presidential campaign, tapping into the
grievances of Americans left behind by the
economic forces of globalisation and those
who feared the impact of immigration. His
slogan was “Make America Great Again”.
• He used populist policies, such as promising
to build a wall along the US/Mexico border
to stop illegal immigration and saying that
he would challenge China over trade. Many
Americans felt disenfranchised and
forgotten by traditional party politics.
• While Trump’s public comments and
personal and business history alienated
some electors, his conduct seemed only to
energise his base. Trump’s campaign relied
heavily on his personality, rather than a
record of political achievement or GOP
philosophy.
 THE CAMPAIGNS
• Hillary Clinton ran a traditional campaign based
on her reputation as a senator, former First Lady
and Secretary of State. She presented herself as
a proven and safe candidate who could be
trusted with American power and promised a
continuation of Obama-era policies.
• Clinton however, represented the very
institutions of American government that so
angered Trump’s base. Moreover, she made
tactical errors, such as describing Donald
Trump’s supporters as “a basket of deplorables”,
alienating them further.
• Trump made allegations that Clinton had made
illegal use of private email accounts when she
was Secretary of State. He called for her to be
jailed for these ‘offences’. Despite these
mistakes and allegations, Clinton was ahead in
most polls throughout the campaign and was
expected to win. Clinton’s campaign relied
heavily on her record and Obama’s presidential
legacy.
 FEATURES OF THE CAMPAIGN
• The ‘weaponisation’ of social media (Facebook, in
particular) was a feature of the 2016 election. Data
gathered by Facebook was used to target tens of
millions of Americans with personalised political
advertising.
• There were allegations of Russian collusion with the
Trump Campaign and interference in the election.
These allegations were the basis of the Mueller
Investigation into Russian ‘hacking’ of the election
which was ongoing in the first three years of the Trump
Presidency.
• FBI Director, James Comey, also made comments
concerning the email scandal just before the election—
an intervention that many argued was improper.
• The election was also exceptional in other respects.
The pre-election polling was inaccurate. The missteps
and character of Donald Trump, which would ordinarily
have ensured his electoral defeat, seemed to have the
opposite effect.
THE RESULTS
THE 2018 • In November 2018, the Democratic Party took control of
the House of Representatives from the Republican Party,
CONGRESSIONAL but failed to secure a majority in the Senate.
It was a critical election because it placed one of the two
ELECTION •
houses of the Congress in the hands of the Democrats
and gave them control of the House of Representatives’
investigative and budgetary powers.
• The previous Republican House of Representatives
majority had resisted the use of these powers against
their own party’s President. In Democrat hands, these
powers place stronger checks and balances upon
President Trump.
• On Election Day every two years the US elects its
legislative branch in a congressional election. The
bicameral legislature comprises an elected House of
Representatives and Senate.
• The House of Representatives represents the people,
and the Senate represents the states. All 435 seats in
the House of Representatives are elected alongside 35
of the 100 Senate seats
• The 2018 congressional election was an off-year election
since it occurred two years into President Trump’s first
four-year term of office.