CHAPTER VIII

LIST SYSTEMS OF PROPORTIONAL REPRESENTATION

"'One man, one vote; one party, one candidate'--thus runs the

cry."--COUNT GOBLET D'ALVIELLA

List systems of proportional representation are based upon the block

vote or _scrutin de liste_--the method of election generally used on the

Continent of Europe and in the United States of America when several

members are to be elected for the same constituency. With the _scrutin

de liste_, lists of candidates are nominated by the various political

organizations or groups of electors; each elector has as many votes as

there are members to be elected, but he may not give more than one vote

to any one candidate. The party which can obtain the support of a

majority of the electors can carry its list to the exclusion of all

others; minorities are crushed even more completely than with the system

of single-member constituencies. But as constituencies returning several

members are an essential requirement of any scheme of proportional

representation, the _scrutin de liste_ facilitates the introduction of a

proportional system, for the only great change involved is the allotment

of seats to the respective lists in proportion to the totals of votes

obtained by each. But this change brings in its train a change in the

nature of the vote. It remains no longer a vote only for candidates as

individuals; it obtains a twofold significance, and becomes what is

termed the double simultaneous vote (_le double vote simultanée_). In

the first place it is a vote for the party list as such, and is used for

determining the proportion of seats to be allotted to the lists; and, in

the second place, it is a vote for a particular candidate or order of

candidates for the purpose of ascertaining which of the candidates

included in a list shall be declared successful. This double function of

the vote is characteristic of all list systems of proportional

representation. Other changes of a subsidiary character, which

experience has shown to be advisable, have been adopted in different

countries so that the various systems differ in detail in the methods

both by which seats are apportioned among the competing lists and by

which the successful candidates are chosen.

_The Belgian electoral system_.]

List systems are in operation for parliamentary purposes in Switzerland,

Belgium, Würtemberg, Sweden, and Finland. The simplest of these is that

adopted by Belgium, and the description of a Belgian election may serve

as an introduction to the study of other systems. Through the courtesy

of M. Steyeart, the President of the Tribunal of First Instance and

Chief Electoral Officer for the constituency of Ghent-Eecloo, the author

was enabled to watch the elections in May 1908 in that constituency.

Proportional representation is, however, only one of the points in which

the Belgian and English electoral systems differ, and in order to obtain

a true estimate of the working of the Belgian law it is necessary to

distinguish between results which are due to the franchise

qualifications and those which are due to the system of proportional

representation. The effects arising from these two separate features of

the electoral system have sometimes been confused, and it is therefore

desirable to give a brief outline of the conditions which govern a

Belgian election.

In the first place, Belgium has manhood suffrage modified by a system of

graduated voting. Secondly, each elector is compelled to vote or, at

least, to present himself at the polling place. Thirdly, both the

Chambers are elective, and, although provision exists for the

dissolution and the election of Parliament as a whole, only one-half of

each Chamber is, in the ordinary course, elected at a time, each

Senator being elected for a fixed period of eight years, and each

member of the House of Representatives for a period of four years.

_The franchise._

The unique franchise system embodied in the Belgian constitution in 1893

was adopted only after months had been spent in discussing the schemes

of rival parties. All attempts at compromise failed until attention was

seriously directed to the suggestions of M. Albert Nyssens, Professor of

the University of Louvain, contained in his pamphlet _Le Suffrage

Universel Tempéré_. His proposals had the merit of recognizing the

validity of the arguments advanced by all the political parties.

Conservatives desired the introduction of a system based on occupation

coupled with the payment of taxes; many Liberals were anxious to secure

special recognition for electors of admitted capacity--in short, an

educational qualification; the Radicals inside and Socialists outside

Parliament demonstrated continually in favour of universal, direct and

equal suffrage. The claim for universal suffrage was recognized by

granting to every male Belgian who had attained the age of twenty-five

years the right to vote, but a counterpoise to so democratic a suffrage

was sought in the granting of additional votes to electors possessing

specified qualifications. A supplementary vote was awarded to every

married man who had attained the age of thirty-five years and paid five

francs in taxes on his dwelling. An additional vote was given to every

owner of land or house property of the value of two thousand francs, or

to the possessor of an income of a hundred francs derived from Belgian

public funds. Thus were met the demands of the Catholics for the

representation of property, whilst the Liberal advocacy of the claims of

the educated voter were met in a similar way. Two additional votes were

awarded to those who had obtained a diploma of higher education; to

those who filled, or had filled, a public position; or to those engaged

in a profession which implied the possession of a good education. The

highest number of votes awarded to any elector, for parliamentary

purposes, whatever qualifications he might possess, was three.

_Compulsory voting_.

The exercise of the franchise is regarded in Belgium as a duty which

each citizen owes to the State, and the obligatory vote is therefore

universally accepted without demur. The elector must attend at the

polling place, take his ballot paper and deposit it in the ballot box.

If he places the ballot paper in the urn without voting there are no

means of ascertaining the fact; but unless he forwards to the Electoral

Officer an explanation, in due form, of his absence from the polling

booth he is liable to prosecution. The percentage of abstentions is thus

very low, but, in addition to this result, the obligatory vote has had a

considerable indirect effect upon the character of electoral contests.

Voting has become an official matter. Formerly, as here, it rested with

the political organizations to persuade and exhort electors to vote;

now, each elector receives from the Returning Officer an official

command to attend at the polling place.

_Partial renewal of chamber_.

The third difference--the partial renewal of the Chambers--dates from

the constitution of 1831, and the reason for its adoption was the same

as that which underlies the partial renewal of English municipal

councils--the desire to ensure continuity in the composition and

proceedings of Parliament. There was some justification for this

practice under the old voting methods, for then the result of elections

largely depended, as is the case in England to-day, upon the chance

distribution of party strength. The composition of the Chamber of

Representatives was liable to violent oscillations and changes, and the

partial renewal of the Chambers moderated the violence of these changes.

But whilst the partial renewal may be defended on these grounds, it has

two distinct disadvantages. When only one-half of the Chamber is to be

elected (as in the renewal of only one-third of our municipal Councils)

a considerable diminution takes place in the amount of public interest

evoked by an election. There is, moreover, a further and even more

serious drawback that, when the election turns upon a question of vital

importance, such for instance as the annexation of the Congo, the

verdict of _only one-half_ the people is obtained. In 1908 elections

took place in four provinces only--East Flanders, Hainaut, Liege, and

Limbourg--and so, whilst the citizens of Ghent and Liège were expressing

their opinion upon the policy of the Government, the citizens of

Brussels were reduced to the position of spectators of a fight in which

doubtless many would have liked to have taken a part. The introduction

of proportional representation has rendered this particular feature of

the Belgian electoral system quite unnecessary. Electors are not so

fickle as an irrational method of voting made them appear to be.

_The presentation of lists_.

For the purpose of parliamentary elections each of the nine provinces of

Belgium is divided into large constituencies returning several members;

Brussels returns twenty-one members, Ghent eleven, but several of the

smaller constituencies return as few as three representatives. Fifteen

days before the date of the election lists of candidates which, before

presentation, must have received the support of at least one hundred

electors, are sent to the returning officer. After verification, each

list is given an official number and the lists are then published, no

official title other than the number being given to the lists. In the

copy of the ballot paper used at Ghent, shown on the opposite page, list

No. 1 was presented by the Catholics; No. 2 by the Liberals; No. 3 by

those Socialists who were dissatisfied with their party's list; No. 4 by

the small tradesmen; No. 5 by the official Socialists; whilst No. 6

contains the name of a candidate standing as an independent. It will be

observed that each of the first five lists is divided into two parts

separated by the word "Suppléants." The candidates so described are not

taken into account in the actual election of representatives; they are,

however, voted for in the same way and at the same time as the other

candidates, and are called upon (in the order determined by the result

of the election) to fill any vacancy occasioned by the retirement or

death of a duly-elected representative belonging to the same list. This

arrangement obviates the necessity for bye-elections, and the relative

strength of parties remains the same from the time of one election to

the next. The order in which the names of the candidates appear upon the

lists is arranged by the organizations responsible for their

presentation. It should, however, be stated that this provision, about

which public opinion is much divided, is not an essential feature of a

proportional system. It was not a part of the original proposals of M.

Beernaert, and it certainly strengthens the hands of political

organizations, although, as will be shown subsequently, proportional

representation considerably modifies, if it does not altogether prevent,

abuse of the power conceded to political bodies.

[Illustration: List Ballot paper]

_The act of voting._

The work of the elector is simplicity itself. He can select one list or

one candidate in a list but not more for each of the votes to which he

may be entitled. His choice can be recorded in four different ways. In

each case the act of voting consists in pencilling one or other of the

white spots contained in the black squares at the head of the lists or

against the names of individual candidates. In the first place, the

elector may vote by blackening the spot at the head of the list. The

significance of such a vote is that the elector votes for the list, and,

at the same time, approves of the order in which the candidates have

been arranged by the party organization. Naturally all the party

organizations and journals advise their supporters to vote in this way.

Secondly, the elector may vote by blackening the white spot against the

name of one of the "effective" candidates on one of the lists. Such a

vote implies that the elector votes for the list on which the

candidate's name appears, but that, instead of approving of the order in

which the candidates have been arranged, he prefers the particular

candidate he has marked. The third and fourth methods are but variations

of the second. The elector can indicate a preference for one of the

supplementary candidates, or he can indicate preferences for an

effective and also for a supplementary candidate. In brief, the elector

votes for one of the lists, and either approves of the list as arranged

or indicates the change he desires.

_The allotment of seats to parties._

The number of representatives awarded to each party is determined by the

method formulated by M. Victor d'Hondt, a professor of the University of

Ghent. Its working may best be shown by an illustration. Let it be

assumed that three lists have been presented; that they have obtained

8000, 7500, and 4500 votes respectively, and that there are five

vacancies to be filled. The total number of votes for each list is

divided successively by the numbers 1, 2, 3, and so on, and the

resulting numbers are arranged thus:--

List No. 1. List No. 2. List No. 3.

8,000 7,500 4,500

4,000 3,750 2,250

2,666 2,500 1,500

The five highest numbers (five being the number of vacancies to be

filled) are then arranged in order of magnitude as follows:--

8,000

7,500

4,500

4,000

3,750

The lowest of these numbers, 3750, is called the "common divisor"[1] or

the "electoral quotient," and forms the basis for the allotment of

seats. The number of votes obtained by each of the lists is divided by

the "common divisor" thus:--

8,000 divided by 3,750 = 2 with a remainder of 500. 7,500 " 3,750 =

2 4,500 " 3,750 = 1 with a remainder of 750.

The first list contains the "electoral quotient" twice, the second

twice, and the third once, and the five seats are allotted accordingly.

Each party obtains one representative for every quota of voters which it

can rally to its support, all fractions of "quotas" being disregarded.

The method of determining the electoral quotient may appear at first

sight rather empirical, but the rule is merely the arithmetical

expression, in a form convenient for returning officers, of the

following train of reasoning. The three lists with 8000, 7500, and 4500

supporters are competing for seats. The first seat has to be allotted;

to which list is it to go? Plainly to the list with 8000 supporters.

Then the second seat has to be disposed of; to which list is it to go?

If it is given to the first list, then the supporters of the first list

will have two members in all, or one member for each 4000 votes. This

would be unfair while 7500 supporters of the second list are

unrepresented, therefore the second seat is allotted to the list with

7500 supporters. Similar reasoning will give the third seat to the list

with 4500 supporters, the fourth to the list with 8000 supporters, which

now will rightly have one representative for each 4000, and the fifth to

the list with 7500. The question in each case is to what list must the

seat be allotted in such a way that no one group of unrepresented

electors is larger than a represented group. The separate allotment of

seats one by one in accordance with the foregoing reasoning may be

shown thus:--

8,000 (List No. 1)

7,500 ( " No. 2)

4,500 ( " No. 3)

4,000 ( " No. 1)

3,750 ( " No. 2)

This result of course agrees with that obtained by the official process

of dividing the total of each list by the electoral quotient.

_The selection of successful candidates._

The seats having been apportioned to the respective lists it becomes

necessary to ascertain which of the candidates on the respective lists

are to be declared elected. In this second process it will be seen now

great an advantage is obtained by the candidates at the top of each

list.[2] A11 the votes marked in the space at the top of a list, _i.e.,_

list votes, form a pool from which the candidates of the list draw in

succession as many votes as are necessary to make their individual

total equal to the electoral quotient, the process continuing until the

pool is exhausted. In the example already given, assume that List No. 1

consists of three candidates, A, B, and C, arranged in the order named,

and that the 8000 supporters of the list have given their votes as

follows:--

Votes at the head of the List 4,000

Preferential votes for A 600

" " B 500

" " C 3,000

-----

Total 8,000

Candidate A, being the first in order on the list, has the first claim

on the votes recorded for the list. The electoral quotient is 3750, and

A's total 500 is raised to this number by the addition of 3250 votes

taken from those recorded for the list. This secures his election, and

there remain 750 list votes which are attributed to candidate B, this

candidate being the second in order on the list. B, however, also had

500 votes recorded against his name, and his total poll therefore

amounts to 1250. But candidate C has obtained 3000 votes, all recorded

for himself personally, and as this total exceeds B's total of 1250, C

would be declared elected. The two candidates chosen from List No. 1

would, in this case, be A and C. The successful supplementary candidates

are ascertained in the same way.

_A Belgian election. Ghent, 1908: the poll._

In a Belgian election the polling proceeds very smoothly and quietly.

This is largely due to the fact that the law for compulsory voting has

relieved the party organizations of the necessity of whipping up their

supporters to the poll. At the election of Ghent, which the author was

privileged to witness, the candidates for the Chamber of Representatives

were as given in the ballot paper on page 177. It will be seen that six

lists of candidates were presented, but in the election of Senators only

the three chief organizations took part. There were eleven members of

the House of Representatives and five Senators to be elected.

The constituency was divided into 350 polling districts, the maximum

number of electors for a district being 500. To each district was

assigned a polling place in charge of a presiding officer, appointed by

the returning officer of the district; the presiding officer was

assisted by four citizens, each of whom was required to be in possession

of the maximum number of votes, and to be at least forty years of age.

In addition, the party organizations sent duly accredited witnesses to

watch against possible fraud, and to assure themselves of the absolute

regularity of the proceedings. The poll opened at 8 A.M. Each elector

had to present his official "summons" to vote, and received from the

presiding officer one, two, or three ballot papers according to the

number of votes to which he was entitled. The elector took the papers to

a private compartment, as in an English election, marked them, placed

them in the ballot box and received back his official letter, now

stamped--evidence, if need be, that he had carried out the obligation

imposed upon him by law. At 1 P.M. the poll was closed; the ballot boxes

were opened and the ballot papers counted in the presence of the

assessors and party witnesses for the purpose of ascertaining that all

papers in the possession of the presiding officer at the opening of the

poll had been duly accounted for.

_The counting of the votes_.]

In order to maintain as far as possible, not only the secrecy of the

individual vote, but the secrecy of the vote of any locality, the votes

of three polling places were counted together, the grouping of polling

places for this purpose having been previously determined by lot. Thus

the votes counted at the town hall (polling district No. 1) were those

recorded in the districts Nos. 1, 112, and 94. The proceedings were

directed by the presiding officer of the first polling place, assisted

by the presiding officers of the other two. The only other persons

present were witnesses representing the three chief parties. The

counting commenced soon after 3 P.M., and was completed, both for the

Senate and Chamber, by 7 P.M. The papers were sorted according to the

votes given for each list, subsidiary heaps being made for those

candidates who had received individual votes of preference. A separate

heap was made of spoiled and blank voting papers, but it was evident

from the very commencement of the proceedings that the method of voting

had presented no difficulty to the elector. Of the 1370 votes recorded

in this division for candidates for the Chamber there were but

twenty-six spoiled papers; of these thirteen were blank, indicating that

the voters, although attending the poll, did not wish to record any

opinion. The thirteen other papers showed in nearly every case some

confusion in the mind of the elector with the elections for the communal

councils, when the elector can give several votes of preference. The

official returns, after endorsement, were forwarded by post to the

returning officer, whose duty it was to prepare the returns for the

whole constituency. The figures for each district were given to the

press at the close of the count, and special editions of the journals,

containing the probable result of the election, were issued the

same evening.

_The final process._

The compilation of the returns for the whole constituency took place on

the following day. The returning officer presided, and was assisted by

four assessors, a secretary and three witnesses, who attended on behalf

of the chief parties. In addition there were two professional

calculators, who were responsible for the accuracy of the arithmetical

processes. The proceedings, in brief, consisted in extracting the

details of the returns furnished by the 120 counting places. The final

sheet for each list showed not only the total number of votes obtained

by the party, but the number of votes of preference recorded for each

candidate. The votes for each list were as follows:--

List No.1. List No.2. List No.3. List No.4. List No.5. List No.6.

78,868 39,788 913 1,094 23,118 271

The process of allotting the seats to the respective parties then

commenced. The totals for each list were divided by the numbers 1, 2,

3, and so on, and arranged thus:--

List List List List List List

No. 1. No. 2. No. 3. No. 4. No. 5. No. 6

78,865 39,788 913 1,094 23,118 271

39,432 19,894 11,559

26,288 13,262

19,716 9,947

15,773

13,144

11,266

The eleven highest figures thus obtained were then arranged in order of

magnitude, and the seats allotted accordingly:--

1st Seat 78,865 (List No. 1--Catholic)

2nd " 39,783 ( " No. 2--Liberal)

3rd " 39,432 ( " No. 1--Catholic)

4th " 26,288 ( " No. 1--Catholic)

5th " 23,118 ( " No. 5--Socialist)

6th " 19,894 ( " No. 2--Liberal)

7th " 19,716 ( " No. 1--Catholic)

8th " 15,773 ( " No. 1--Catholic)

9th " 13,262 ( " No. 2--Liberal)

10th " 13,144 ( " No. 1--Catholic)

11th " 11,559 ( " No. 5--Socialist)

Thus the Catholics, Liberals, and Socialists obtained six, three, and

ten seats respectively. It will be noticed that the eleventh figure,

11,559, which is the "common divisor," or "electoral quotient," is

contained six times in the Catholic total, with a remainder of 9511;

three times in the Liberal total, with a remainder of 5000; and twice in

the Socialist total.

The highest number of preferences recorded for any individual candidate

(although placards had been posted inviting votes of preference for M.

Buysse, the candidate fourth on the Liberal list, and for M. Cambier,

the candidate third on the Socialist list) were 1914 and 1635, much too

small to effect any change in the order of the candidates as arranged by

the associations. It remains to add that the task was accomplished with

perfect regularity and despatch; the figures were checked at each stage,

but as the number of votes polled in the double election (for the

Senate and for the Chamber) amounted to no less than 270,892, it is not

surprising that the compilation of the final figures was not completed

until midnight.

_Public opinion favorable to the system._

This was the fifth parliamentary election[3] in which the system of

proportional representation has been put to the test; its

practicability, both from the point of view of the elector and of the

returning officer, is now no longer open to question. Interviews on the

effects of the system with Catholic leaders like M. Beernaert or M. Van

den Heuvel, with Liberals like Count Goblet d'Alviella, or M. Gustave

Abel, the editor of _La Flandre Liberale_, or with Socialists like M.

Anseele, revealed the fact that there is no party in Belgium which

desires to return to the former electoral system. The Liberals and

Socialists are hostile to plural voting, but their attitude to

proportional representation may be summed up in the desire to make the

system more perfect.[4] Constituencies returning three or four members

are not sufficiently large to do complete justice to a system of

proportional representation, and many, among whom must be included M.

Vandervelde, desire the grouping of these smaller constituencies into

larger ones. The general trend of public opinion is in complete

agreement with the views of party leaders, and found forcible expression

in the press comments on the elections in 1908 for the

provincial councils.

_The relation of the Belgian to other list systems._

The Belgian list method, although simple in form, is based upon a very

careful examination of earlier list systems, and represents an attempt

to avoid the defects and inconveniences of those systems. As already

stated, the vote in a "list" system has two aspects. Indeed, in the

canton of Solothurn in Switzerland each elector is invited, first, to

record his vote for a list as a separate act, and secondly, to vote for

the particular candidate he prefers.

In tracing the growth of the Belgian system it will be best to consider

these two aspects separately, and, in the first place, the vote in so

far as it affects the fortunes of the list. The object in view--the

allotment of the seats in proportion to the total number of votes

obtained by the respective lists--would seem quite simple of attainment,

and would be so were the totals obtained by each list such that it was

possible to divide the seats among them in exact proportion. Voters do

not, however, group themselves in exact proportion, and it becomes

necessary therefore to devise a rule of distribution that shall

approximate to the desired end as closely as possible.

_The different methods of apportioning seats to lists._

The first rule--a very simple one--was adopted because, in the words of

Ernest Naville, "it seemed most intelligible to the general public." The

grand total of votes polled by the different lists was divided by the

total number of seats, and the distribution of seats was based upon the

quotient, or "quota" thus obtained. The total of each list was divided

by the quota for the purpose of ascertaining the number of seats to

which it was entitled. The answers, as will be seen from the following

example, usually contained fractions. Assume that seven seats are to be

distributed among three lists, A, B, C; that the grand total of votes is

7000, and that the respective lists have polled as follows:--

List A 2,850 votes

" B 2,650 "

" C 1,500 "

-----

Total 7,000

The quotient in this case is 1000. The totals of the lists A, B, and C

contain the quotient twice, twice and once respectively, but in each

case with a remainder, and it is the remainder that constitutes the

difficulty. According to the earliest list schemes the remaining seats

were allotted to the lists having the largest remainders, and, in the

example given, lists A and B would each receive an additional seat.

Party organizers were not slow to perceive that it was advisable to

obtain as many of the largest remainders as they could, and considerable

dissatisfaction arose in Ticino from the action of the Conservatives,

who very skilfully divided their forces into two groups, thereby

obtaining additional seats. A simple example will explain. Assume that

three deputies are to be elected, that the grand total of votes is 3000,

and that the party votes are as follows:--

Party A 1,600 votes

" B 1,400 "

-----

Total 3,000

The quota would be 1000 votes. Party A, having the larger remainder,

would obtain two seats, and party B only one seat; but if party B should

present two lists and arrange for the division of its voting force, the

following result might ensue:--

Party A 1,600 votes

" B1 700 "

" B2 700 "

-----

Total 3,000

The quota would still be 1000 votes, but party A would only obtain one

seat, whereas party B would obtain two, because each of its two lists

would show a remainder larger than A's remainder. This possibility led

to a modification of the rule, and the seats remaining after the first

distribution were allotted to the largest parties. But this was also far

from satisfactory, as will be seen from the following example taken from

a Ticino election:[5]--

Conservatives 614 votes

Radicals 399 "

-----

Total 1,013

The constituency to which the figures refer returned five members; the

quotient therefore was 202, and the Conservatives obtained three seats

on the first distribution, and the Radicals one. As, under the rule,

the remaining seat was allotted to the largest party, the Conservatives

obtained four seats out of the five when, obviously, the true proportion

was three to two.

The rule subsequently devised aimed at reducing the importance of

remainders in the allotment of seats. The total of each list was divided

by the number of seats plus one. This method yielded a smaller quota

than the original rule and enabled more seats to be allotted at the

first distribution. The final improvement, however, took the form of

devising a rule which should so allot the seats to different parties

that after the first distribution there should be no seats remaining

unallotted. This is the great merit of the Belgian or d'Hondt rule,

which has already been fully described.

_Criticism of d'Hondt Rule_.

The d'Hondt rule certainly accomplishes its purpose; it furnishes a

measuring rod by which to measure off the number of seats won by each

list.[6] But the rule is not without its critics.[7] As in the earlier

Swiss methods objection was taken to the undue favouring of certain

remainders, so in Belgium objection is taken to the fact that remainders

are not taken into account at all. The Belgian rule works to the

advantage of the largest party, a fact that many may consider as a point

in its favour.

A further simple example will explain how the larger parties gain.

Assume that eleven seats are being contested by three parties, whose

votes are as follows:--

Party A 6,000 votes

" B 4,800 "

" C 1,900 "

------

Total 12,700

Arrange these numbers in a line, and divide successively by 1, 2, 3,

and so on, thus:--

Party A. Party B. Party C.

6,000 4,800 1,900

3,000 2,400 960

2,000 1,600

1,500 1,200

1,200 960

1,000

The eleventh highest number, which constitutes the measuring rod, will

be found to be 1000; the largest party obtains six seats, the second

party obtains four seats, with a remainder of 800 votes, and the third

only one seat, with a remainder of 900 votes. The two smaller parties

taken together poll 6700 votes but only obtain five seats, as compared

with the six seats obtained by the larger party with 6000 votes; the two

remainders of 800 and 900 votes, which together constitute more than a

quota, having no influence on the result of the election. Even if, in

the allotment of seats, the largest party has a remainder of votes not

utilized, yet this remainder necessarily bears a smaller proportion to

the total of the votes polled than is the case with a smaller party.

Thus the system works steadily in favour of the larger party.

The question of remainders, or votes not utilized in the distribution of

seats, is of minor importance when the constituencies return a large

number of members. When, for example, as in the city of Brussels, there

are twenty-one members to be elected, the votes not utilized bear a

small proportion to those that have been taken into account in the

allotment of seats. In Belgium, however, there are several

constituencies returning as few as three members, and there is naturally

a demand that these constituencies should be united so that the method

of distribution should yield more accurate results.

If the d'Hondt rule, like every other method of distribution, is open to

criticism from the point of view of theoretical perfection, it must be

admitted that in practice it yields excellent results. The election at

Ghent resulted in the return of six Catholics, three Liberals and two

Socialists; it would have been impossible to have allotted the seats

more fairly. Under the old non-proportional method the Catholics would

have obtained eleven representatives and the Liberals and Socialists

none. The immeasurable improvement effected by every true proportional

method is apt to be overlooked in the critical examination of the

working of these methods in those extreme cases which rarely occur

in practice.

_The formation of "cartels."_

The steady working of the d'Hondt rule in favour of the larger parties

has, however, not escaped the attention of advocates of proportional

representation. The late Professor Hagenbach-Bischoff has formulated the

proposal that parties should be allowed to put forward combined lists,

and that in the first allotment of seats the totals of the combined

lists should be taken as the basis of distribution. The need of some

such provision may be shown by an example used in illustration of the

d'Hondt system, at a meeting held under the auspices of the French

Proportional Representation League.[8] A constituency with eleven

members was taken; four lists, A, B, C, and D, received 6498, 2502,

1499, and 501 votes respectively; the d'Hondt rule made 834 the

measuring rod, and gave A seven members, B three, C one, and D none. The

question was asked why provision was not made for the transfer of the

votes from list D to list C, so that if, for example, these lists were

put forward by Radical-Socialists and by Socialists respectively, the

parties might obtain the additional seat to which their combined totals

entitled them. It will be seen that lists C and D, with a total of 2000

votes (more than twice 834), obtained but one representative, while list

A, with 6498 votes, obtained seven representatives.[9]

Professor Hagenbach-Bischoffs proposal, which would meet this

difficulty, has not been embodied in the Belgian law, but "cartels"

(arrangements for the presentation of a common list) are formed between

the Liberals and Socialists so as to lessen their loss of representation

due to the working of the d'Hondt rule. The "cartels," however, do not

give satisfaction, as experience shows that many Liberals who would vote

for a Liberal list decline to vote for a "cartel" of Liberals and

Socialists; whilst, on the other hand, extreme Socialists decline to

support a Liberal-Socialist coalition. In the Finnish system, however,

provision is made for the combination of lists in accordance with

Professor Hagenbach-Bischoff's suggestion. Indeed, as the Finnish law

forbids any list to contain more than three names, some such provision

was necessary in order to allow each separate party to nominate a full

list of candidates.

The experience of the Belgian "cartels" would seem to show that, even

where party organization and discipline are highly developed, many

electors resent the disposal of their votes by a bargain between the

organizations concerned. The single transferable vote, by allowing each

elector to indicate his second choice in the way in which he himself

prefers, would enable smaller parties to obtain their share of

representation without involving a preliminary compact between party

organizations. A list system seems to establish a rigid division between

parties, whilst there is no such corresponding rigid division in the

minds of many electors. The model elections conducted by the

Proportional Representation Society cannot perhaps be accepted as a

conclusive guide to the action of voters at a real election, yet the

number of Liberals who, in the last of these elections, gave an

effective preference to a representative of the Independent Labour

Party, in the person of Mr. Henderson, was very noteworthy. In the

Belgian system no such fluidity is possible; the Liberal electors would

be shut off from any relation with the supporters of Mr. Henderson, who

could figure only upon the Labour Party's list.

_The different methods of selecting successful candidates_.

It will be seen that the problem of allotting seats to lists has been

solved in several different ways. Similarly, different methods have

been tried for the purpose of selecting the successful candidates from

the respective lists. The instructions to voters vary accordingly. The

earlier schemes (and the practice obtains in several Swiss cantons

to-day) provided that each elector should have as many votes as there

were members to be elected, and that he might distribute (without the

privilege of cumulating) his votes over the whole of the candidates

nominated, selecting, if he desired, some names from one list, some from

another, and some from another. After the number of seats secured by

each list had been ascertained those candidates were declared elected

who, in the respective lists, had obtained the highest number of

individual votes.

_Panachage_.

The practice of voting for candidates belonging to different

lists--_panachage_, as it is called--has evoked considerable discussion,

and still gives rise to differences of opinion among the advocates of

proportional representation on the Continent. At first sight there would

appear to be nothing to discuss, and that there was no possible reason

why the elector should not be allowed to exercise his choice in the

freest manner. It has, however, been found that this privilege can be

used in an unfair way. When each elector has as many votes as there are

candidates, and is not permitted to cumulate his votes on any one, it

usually happens that the votes obtained by individual candidates in any

given list vary but little in number. When in some elections it was

realized that the party could only obtain a certain number of seats, but

that it had a few hundred votes to spare, some extreme partisans used

these votes for the purpose of voting for the least competent men of

their opponents' list, and their action sometimes resulted in the

election of those men in preference to the more competent men of the

party. The danger from this cause would appear to be exaggerated, but

although success has seldom attended the abuse of _panachage_, the fear

of a successful attempt has a disturbing influence. The later Swiss

laws allow electors to cumulate three votes, but not more, upon any one

candidate, so that the success of popular candidates is assured.

_The single vote and the case de tête_.

The Belgian parliamentary system suppresses _panachage_, and that in a

most effective way. In this system each elector has but one vote, and

therefore can only vote for one candidate. In addition, the Belgian

system confers upon the organization presenting a list the right to

arrange the order in which the candidates shall appear upon the list,

and, further, it provides that the voter may approve of this arrangement

by voting at the head of the list in the space provided for that purpose

and which is known as the _case de tête_. Party organizations naturally

advise their supporters to vote in this way. Public opinion is divided

on this feature of the Belgian system, but M. Van den Heuvel, formerly

Minister of Justice, who took a responsible part in the passing of the

law, and with whom the author discussed this provision, defended it most

vigorously, on the ground that the party as a whole had a right to

determine which of its members should be elected. In the absence of the

provision referred to it might happen that some candidate would be

elected in preference to one who was more generally approved of by the

party. This may be made clear by an example given by M. Van den Heuvel

himself. A, B, C and D are candidates. Suppose that the party is strong

enough to return three candidates, but no more, and that five-sixths of

the party are in favour of candidates A, B and C, whilst the minority,

one-sixth, are ardently in favour of candidate D. It will be necessary

that the majority of the party (the five-sixths) should cleverly divide

their votes equally between the candidates A, B and C in order to

prevent the possibility of candidate D being elected by a small minority

of the party. A little reflection will show that in the absence of any

such provision the popular candidate of the majority, say A, might

attract too large a proportion of the votes, thereby allowing D to pass

B or C. Each provision of the Belgian system has been most carefully

thought out, and, if it strengthens the hands of party organizations, it

does so in order to secure the representation of the party by the

candidates most generally approved. It may, however, be pointed out that

had the single transferable vote been used, the candidates A, B and C,

who, in M. Van den Heuvel's example, were supported by five-sixths of

the party, would have been sure of election; there would have been no

need to have conferred a special privilege upon the party organizations.

_The limited and cumulative vote_.

The French Proportional Representation League, which, impressed with the

simplicity of the Belgian system, desired to introduce it into France,

refrained from advocating the adoption of the _case de tête_, and

suggested that the order in which candidates should be declared elected

on each list should be determined by the votes of the electors. The

French League in its first proposal recommended that each elector

should, as in Belgium, have but one vote. It was soon realized that the

popular candidate of the party might attract a large majority of the

votes, and that, in consequence, candidates might be elected who were

the nominees of only a small section of the party. The League in its

second proposal recommended the use of the limited vote, each elector

having two votes when six deputies were to be elected, and three in

larger constituencies. The League, however, followed the Belgian

practice in confining the choice of the elector to candidates on one

list. This proposition was examined in 1905 by the _Commission du

Suffrage Universel_, which, in the Report, declared that it was

impossible to approve of such a limitation of the elector's freedom.

"Nous ne pouvons," runs the Report, "laisser si étroitment enchainer,

garrotter, ligotter l'electeur proclamé souverain et qui doit en tout

cas être libre." The Committee recommended the use of the limited vote

without the restriction recommended by the League. In a further Report,

issued in 1907, this Committee again emphasized the necessity of leaving

the elector quite free in the choice of candidates, and a new Bill,

drafted by the Committee, provided that each elector should have as many

votes as there were deputies to be elected, and that he should be

allowed to cumulate the whole, or several of his votes, upon any one

candidate. Where, however, the cumulative vote has been introduced into

recent Swiss laws, as in that of the Canton of Bâle City, the elector is

not permitted to cumulate more than three votes upon any one candidate.

It will thus be seen that the single vote, the multiple vote without the

privilege of cumulating, the limited vote, and the cumulative vote, have

all been proposed or adopted as methods of determining which candidates

shall be declared elected.

_Special characteristics of Swedish and Finnish systems_.

This summary of the different methods used in solving the double problem

of a list system--the allotment of seats to parties and the selection of

successful candidates--is not fully complete.[10] Special features have

been incorporated in the Swedish and Finnish systems for the purpose of

securing as much freedom of action as possible to electors, and these

systems are described in Appendices Nos. III. and IV. The differences

between the various list systems are, however, not so great as those

between a list system and the single transferable vote, but the

consideration of these must be reserved for the next chapter.

[Footnote 1: The text of the Belgian law (Art. 263 of the Electoral

Code) runs as follows: "Le bureau principal divise successivement par 1,

2, 3, 4, 5, &c. le chiftre électoral de chacune des listes et range les

quotients dans l'ordre de leur importance jusqu'à concurrence d'un

nombre total de quotients égal à celui des membres à élire. Le dernier

quotient sert de diviseur électoral.

"La répartition entre les listes s'opère en attribuant à chacune d'elles

autant de sièges que son chiffre électoral comprend de fois ce

diviseur."]

[Footnote 2: The order in which the names appear is arranged by the

party presenting the lists.]

[Footnote 3: A further election (the sixth) took place in 1910.]

[Footnote 4: See _La Representation Proportionnelle intégrale_, 1910.

Felix Goblet d'Alviella (fils).]

[Footnote 5: _Rapport de la Commission du Suffrage Universel_, 1905, p.

45.]

[Footnote 6: Professor Hagenbach-Bischoff, of Bâle, formulated a

different rule which is finding favour in Swiss cantons. The quota which

will ensure the apportionment of all the seats among the lists without

remainder is ascertained by trial. In practice the same results are

obtained as with the d'Hondt rule. Full directions for applying the rule

are contained in Clause XIII. of the law adopted for the canton of Bale

Town.--Appendix IX.]

[Footnote 7: For recent French criticism, see page 202.]

[Footnote 8: At Lille, December 1906.]

[Footnote 9: The new French Bill (_see_ Appendix X.) provides for the

presentation of combined lists (_apparentement_).]

[Footnote 10: Cf. _La Repésentation Proportionelle en France et en

Belgique_, M. Georges Lachapelle (1911) and the new report of the

Commission du Suffrage Universel (No. 826, Chambre des Députés, 1911).

M. Lachapelle recommends a new proposal, _le système du nombre unique_.

The electoral quotient for all constituencies would be fixed by law at,

say, 15,000 votes. The number of deputies chosen at each election would

be allowed to vary. Each list in each constituency would receive as many

seats as its total contained the quotient. The constituencies would be

grouped into divisions. The votes remaining over after the allotment of

seats in each constituency would be added together, and further seats

would then be allotted to the respective lists.]

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