Skip to content
Search

Latest Stories

Top Stories

The problem for representative diversity isn't runoffs, it's single-winner elections

Opinion

Rep. James Clyburn

Rep. James Clyburn is right that our electoral systems don't serve the interest of minority representation. But he misdiagnoses the problem, writes Eckam.

Saul Loeb - Pool/Getty Images

Eckam is a Texas software developer, graphic designer and the author of "Beyond Two Parties: Why America Needs a Multiparty System and How We Can Have It" (self-published, 2019).


It's great that Americans are considering a variety of ideas for reforming our democracy. But one idea needs to be clarified — that the "50 percent plus one" rule, or majority requirement for winning an election, is racist and should be abolished.

House Majority Whip Jim Clyburn, the highest-ranking Black member of Congress, has labeled this requirement among the "most pernicious devices" developed in the South to "disenfranchise Black voters, purge Black elected officials and relegate Black people to second-class citizenship."

Clyburn's concern is that when a Black candidate gets a plurality in the first round of an election where a majority is required to win, white voters can rally around the white candidate in the runoff and deny Black voters representation. If Georgia didn't have runoffs — that is, if it accepted a plurality for victory — then Raphael Warnock would have won his Senate seat in November without needing to compete again in January.

However, if plurality-win had been the system in place, we wouldn't have seen a robust field of eight Democrats and six Republicans competing for that same Senate seat.

And it isn't only Black voters who can carry their candidate to victory by unifying against a divided field in a plurality contest. White voters, or indeed any unified voting bloc, can do the same.

It's true the history of runoffs in Georgia is steeped in racism. They were instituted in the 1960s by racist legislators who saw them as a way to block minority representation.

But runoff elections began much earlier — in the 1860s in Germany — and have since continued to be used all over the world.

Runoffs let voters decide both rounds of an election. Previously, in the event of no majority in the first round, the final say was often given to an elite body such as a legislative assembly. For example, the House had the task of picking the president in 1800 and 1824, when no candidate won a majority in the Electoral College.

Alexander Hamilton explained the need for such a "contingency election" in Federalist 68 by calling it "unsafe to permit less than a majority to be conclusive."

The idea goes back even further. The Golden Bull of 1356 instituted a majority requirement in the choice of a new Holy Roman Emperor by a small group of "prince electors." Clearly, this principle has an appeal of long standing. But why?

To answer that, it'll help to understand what sort of "safety" Hamilton had in mind.

Imagine a plurality election between Able, Baker and Charlie. Suppose each gets about a third of the votes but Charlie gets a few more and so he wins. Then suppose the thing that supporters of Able and Baker agree on more than anything else is their hatred of Charlie.

For Charlie to end up representing such an electorate is a misfire of representative democracy. If Baker had stayed out of the race then Able would have won easily, and vice versa. In other words, plurality voting has enabled a coordination failure, yielding an unrepresentative outcome.

Surely, what Hamilton meant by "safety" is this: ensuring that one person elected to represent a group of people is not opposed by a majority of those people.

Note that "majority" doesn't mean a majority race in this contest; it means a group of people who vote together on a political question. In general, such a group will include people of diverse racial backgrounds.

To be sure, runoffs do have problems, starting with turnout. Many will find it impossible, for work or logistical reasons, to get to the polls a second time for the same election. (Ranked-choice voting is one potential solution to this problem.) The way elections are administered can also be unfair and discriminatory. And, there is a long, ugly and sadly continuing history of voter suppression that needs fixing.

Clyburn is right that our electoral systems are set up badly and don't serve the interest of minority representation. But he misdiagnoses the problem in blaming the 50 percent plus one requirement.

The real problem? We have single-winner elections where we should be electing multiple winners.

Unlike elections for singular offices like mayor or governor, filling seats in a legislative body does not require a "winner take all" approach. We can assign several members to represent each district and use a proportional election method to give fair representation to both majorities and minorities. (One proven example is the "single transferable vote"method.) There is also legislation that would remake the U.S. House of Representatives this way.

Proportional representation means more accurate representation. A representative assembly, John Adams wrote in 1776, "should be in miniature, an exact portrait of the people at large. It should think, feel, reason, and act like them. That it may be the interest of this Assembly to do strict justice at all times, it should be an equal representation, or in other words equal interest among the people should have equal interest in it."

It's hard to paint an accurate portrait of ourselves if we start by dividing into single-member districts.

Clyburn supports proportional representation. It seems like Adams would have, too.

Electing both of a state's senators at the same time presents a rare opportunity to use a proportional method of election to that body — one that Georgia could have chosen to take this month. Electing one Democrat and one Republican would have meant a fairer, more exact reflection of the state's electorate.

Citizens of all persuasions should recognize the value of more fairness in our electoral systems. It needn't be a partisan issue. (And, at the city level, Republicans might gain a lot from proportionality.)

Yes, we can do much better than single-seat legislative runoff elections. We should institute proportionality wherever we can. But when we're electing someone to a singular office, we need the majority requirement to help overcome vote-splitting and produce greater legitimacy for the winner. We should not cast aside this essential principle.


Read More

Person holding "Vote" sign.

Person holding "Vote" sign.

Photo provided

Latino Voters Shift Ahead of Midterm Elections

Two years after providing historic levels of support that helped propel Donald Trump back to the White House, Latino voters are shifting rapidly away from the Republican Party. The realignment is driven by a potent combination of persistent economic anxieties and a sharp backlash against the administration’s aggressive domestic immigration crackdowns. A landmark national poll conducted by NBC News and Telemundo reveals that the President’s approval rating among registered Latino voters has plummeted to just 27%, signaling deep political turbulence for the GOP on the eve of critical midterm elections.

When asked by reporters outside the White House about the plunging numbers, President Trump angrily dismissed the data, labeling the findings as “fake news.”

Keep ReadingShow less
Person placing ballot in voting box

Person placing ballot in voting box

Getty Images

Who Gave the Federal Government the Right to Decide Who Can Vote?

The Trump administration is pressing to remove noncitizens from voter rolls across the country. Yet an important question seems to be missing from the debate: Where, exactly, does the federal government get the authority to impose a citizenship requirement on federal elections? The Constitution does not make citizenship a universal qualification for voting. Instead, Article I, Section 2, Clause 1 states: “The Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.” At the same time, Article I, Section 4, Clause 1 explicitly grants Congress authority over the conduct of federal elections: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” In Arizona v. Inter Tribal Council of Arizona, Inc. (2013), the U.S. Supreme Court distinguished Congress’s power to regulate how federal elections are conducted from the states’ authority to determine voter qualifications, explaining that Congress may regulate the “Times, Places and Manner” of elections, “but not who may vote in them.” For much of American history, noncitizens voted in elections in at least 22 states and territories, and some historical research suggests the number may have been as high as 40. Today, certain noncitizens are still permitted to vote in local elections in California, Maryland, Vermont and the District of Columbia. If the Constitution leaves voter qualifications to the states, what gives the federal government the authority to demand otherwise?

A Long History of State Decisions

Keep ReadingShow less
USA Presidential voters on electoral college map

USA Presidential voters on electoral college map

Getty Images

The National Popular Vote Interstate Compact Federalism at Its Best

Federalism operates at its peak when states collaborate as a unified network rather than acting as isolated silos. While the American system traditionally views states as competitive "laboratories of democracy," pure isolationism limits policy success. When states pool resources, align regulations, and share data, they solve national problems faster without expanding federal bureaucracy.

The National Popular Vote Interstate Compact (NPVIC) represents federalism at its best by using explicit constitutional state powers to modernize the presidential election system without a constitutional amendment.

Keep ReadingShow less