Equality by lot

John Rothchild, Professor of Law at Wayne State University, writes approvingly in The Conversation about Michigan’s new allotted electoral redistricting commission. Rather naively, Rothchild seems to believe that democratic redistricting could result in the selection of “representatives who truly reflect [citizens’] political preferences”. Alas, this is more than mere redistricting can deliver, however well done.

How, then, should Michigan’s decision to assign unskilled members of the public the job of drawing nonpartisan election districts be evaluated?

Redistricting is a complex task. Michigan’s Constitution says that the districts must be drawn in compliance with federal law. That includes a requirement that voting districts have roughly the same population. It also requires that the districts “reflect the state’s diverse population and communities of interest,” and “not provide a disproportionate advantage to any political party.”

Dividing the map to meet all of these criteria is not likely to be within the capabilities of a group of randomly selected citizens.

There are several reasons to think that the redistricting commission will nevertheless prove adequate to the task.
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A 2019 paper by Alexandra Cirone, Assistant Professor of Government at Cornell University, is titled “When democracy is broken roll the dice: Lotteries in political selection”.

There is a long tradition in political science and law that analyzes the benefits of lotteries in political selection (Manin 1997; Elster 1989; Engelstad 1989; Dowlen 2009; Duxbury 1999; Ober 1993 among many others). Most readers will be familiar with selection by lottery – also called sortition – where individuals are randomly chosen for political office.

The element of chance in a lottery has always captured our imaginations. Yet from a policy perspective, lotteries are now being proposed in various forms to address democratic deficits. Lottery-based selection of high-ranking politicians have been suggested for the national parliaments of the UK and France, as well as for the supranational institutions of the European Union. Citizens assemblies have been implemented in a wide range of countries, at both the local and national levels (Fishkin 2011).

However, lottery-based political selection is no panacea. There are a number of shortcomings to these processes. First, no matter which selection rule, it is likely that elites can still be disproportionately involved in politics, and lotteries don’t insulate all democratic institutions from partisan or corrupt pressures. Second, politics benefits from investment in expertise and career politicians; the uncertainty inherent in random selection of permanent institutions could disincentivize potential candidates from acquiring skills or experience. Alternatively, problems with recruitment and attrition from selected citizens will always be an issue with lottery-based selection; and randomly chosen officials might lack democratic legitimacy, which could impair their ability to do their job well. Third, even implementing lotteries in the form of temporary citizens assemblies require time, resources, and careful design of the process. Lotteries are also difficult to endogenously implement, particularly at top levels of governance — political parties and other groups are too invested in current systems of selection, so it is unlikely we will see a return to the pure sortition of ancient times.

Still, there is distinct promise to the use of lotteries in political selection, to help include more citizens in the democratic process. By examining unique institutional experimentation in the past, and by adapting democratic initiatives based on more recent instances of lottery-based selection, it may be possible to alleviate current democratic shortcomings.

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