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system of voting, which we hold to be out of date, archaic, and in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.]

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