Sortition in 2022

Equality-by-Lot’s traditional yearly review post.

The most significant piece of sortition-related news for 2021 had been, in my view, the finding that over a quarter of public in four Western European countries – the UK, France, Italy and Germany – supports using allotted bodies to systematically complement the work of parliament. This year, the most significant piece of sortition-related news was the findings of a wider-coverage poll, this time conducted in 15 Western European countries. According to this poll, in all those countries there is fairly strong popular support (~4 in a scale of 0 to 10 on average) for having “a group of randomly-selected citizens make decisions instead of politicians”.

But while popular support for sortition is strong, and while (well justified) concern in elite circles about the declining popularity of the elections-based system persists, it seems to me that 2022 has continued a down-trend in interest in sortition in elite circles, a down-trend that indicates a recovery from the heights of establishment hysteria about the “Crisis of Democracy” following Brexit, the election of Donald Trump and the Gilets Jaunes protest in France. Academics have continued publishing papers and opinions on the pros and cons of sortition (unfortunately often rehashing very well hashed material) but applications of sortition have been fading in prominence since the zenith of the French Citizen Convention for the Climate, and discussion of the idea in mass media has receded as well.

That said, there were certainly many notable pieces of news and opinion written about sortition over the last year. Pieces advocating for sortition and discussions of the subject that were mentioned this year on Equality-by-Lot included items from South Africa, the UK: 1, 2, the US: 1, 2 3, 4, 5, 6, Australia, Malaysia, Texas, US, France, Ireland, Utah, US, California, US, Pakistan, Pennsylvania, US, and Massachusetts, US.

Also this year, an allotted council on climate change in Herefordshire, UK generated a discussion about its cost as well as other aspects. A fairly prominent Australia politician,
Vicotr Kline, wrote a strident article advocating replacing elections with sortition, and an independent candidate for governor of Minnesota, US ran on a sortition-based platform. In the city of Petaluma, California, an allotted Citizens’ Assembly was convened to determine how to use a piece of public property, an assembly to discuss food policy was set up in Switzerland, and in the province of Trento, Italy, a bill was discussed for constituting a citizen assembly for reviewing municipal regulations.

Finally, this year saw the passing of citizen assembly pioneer, Ned Crosby.

Call for 2022 review input

This is the yearly call for input for the year’s end review. As in previous years, I would like to have a post or two summarizing the ongoings here at Equality-by-Lot and notable sortition-related events over the passing year. Any input about what should be included is welcome – either through comments below or via email. You are invited to refresh your memory about the events of the passing year by browsing Equality-by-Lot’s archives.

For previous years’ summaries see: 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010.

The experts making sure that the disadvantaged get heard

Annabelle Lever, researcher at Cevipof and professor of political philosophy at Sciences Po, writes in The Conversation about the lengths into which the organizers of allotted bodies have to go in order to overcome “cultural imperialism” and give the disadvantaged a voice.

Creating a citizens’ assembly that truly reflects society as a whole isn’t so simple, however. In particular, only a very small percentage of those invited to participate actually agree to do so.

To create an assembly that is more descriptively representative of the population – or one that looks more like us – several approaches are used. One is to have an initial phase of unweighted selection followed by a second phase that uses weighted lotteries. Another is to use stratified sampling or forms of stratification from the beginning.

Because citizen assemblies are very small compared to the population as a whole – France’s Convention for the Climate was made up of just 150 people – the descriptively representative character of the assembly can occur on only a few dimensions. Organisers must therefore decide what population characteristics the assembly should embody and in what proportion. Randomisation thus does not preclude difficult moral, political and scientific choices about the assembly to be constructed, any more than it precludes voluntariness or self-selection.

The use of weighted lotteries means that individuals will not have a formally equal chance to be selected to it – nor, of course, a substantively equal one. Assemblies created by stratified random selection offer a much wider set of opportunities to serve than is typical of other deliberative bodies. It is thus important to remember that even when a randomly selected assembly “looks like us”, everyone will not have had the same chance to be selected to it, nor to take up the invitation if they want to.

[D]emocratic equality does not require that deliberative bodies be composed of social groups in proportion to their share of the population.
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Authoritarians do sortition just like we do but very differently

SWI swissinfo.ch interviews Su Yun Woo, who is studying processes for citizen participation in decision making in China. Somewhat confusingly, the interview seems to be asserting two conflicting claims. On the one hand it is pointed out that the “citizen participation” processes in China are essentially the same as those in the West and have the same objectives. At the same time it is explaining that, obviously, things in “democracies” are very different as the authoritarian regimes lack “any overarching democratic conviction”.

SWI: How do these participatory budgeting processes [in China] work?

S.Y.W.: The authorities invite the local population to get involved in decision-making on a part of the budget. A group of citizens will come together to form a panel to discuss how to spend money on a project that serves the community – for instance, a library or a communal garden. Wenling’s participatory budget is well known, whereas the example of Chengdu has been less well studied.

In Wenling, citizens are selected through a lottery system. In Chengdu, the participants are volunteers. This explains why mainly older people took part there, since they have more time. In Wenling, random selection works as the participants get paid – just as they do in Switzerland for projects of this kind. They receive the equivalent of CHF7 ($7) and a free lunch for taking part. In Wenling, participatory processes are now an integral part of local budget policy-making.

SWI: So the participants do not have to be Communist Party members?

S.Y.W.: No, they are ordinary citizens. There is no denying, however, that there can be official interference in participatory projects. I was told about some party officials who were supposed to go door to door and ask people their opinions, but instead they just filled out the forms themselves.

SWI: How would you describe the discussion culture during participatory budget debates?

S.Y.W.: Some participants are very vocal in expressing their opinions, while others stay quiet and prefer to take a back seat.

SWI: This sounds rather like participatory budgeting elsewhere.
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De facto, we can only choose from candidates picked by powerful politicians.

A letter to the editor of the Santa Cruz Sentinel.

The recent LTE challenging elections in the U.S. is justified, but his reasons aren’t exclusive. According to Pew, the U.S. still ranks 31st in voter turnout compared to 49 other peer countries. Why?

Now, money can buy most elections, thanks to the Supreme Court ruling in Citizens United. And the two-party duopoly maintains overwhelming control of political power (and the money). At the same time, a plurality of voting-age persons, 41%, consider themselves Independent. Yet we, de facto, can only choose from candidates picked by powerful politicians.

Let’s fix the broken system. Let’s start talking about an evolutionary change to sortition – choosing House members by lottery, which would significantly reduce the power of political parties, remove considerable money from elections, and allow we, the people, instead of politicians, to be our representatives. Teachers, auto-mechanics, doctors, and homemakers can and should be representing us in Congress, not professional politicians.

— Jeff Rudisill, Aptos

How can a transition be effected?

A reader of the blog wrote asking whether readers of Equality by Lot have ideas about how a transition toward a system in which sortition plays an important role could be achieved.

The reader, who is an Iranian expat, is specifically interested in the case of Iran, which she describes as follows:

  • There are no political parties in Iran, though there are some syndicates of workers, teachers, …
  • There are some opposition groups out of Iran, but those who are well-known and are professional politicians, are just promoting their own interests, I think.
  • The majority of people who are against the regime are still passive as they don’t know what would happen next. They need an image of the future of Iran.
  • There is so much violence from regime devotees because they are also afraid of the future. Maybe the idea of sortition can soothe them too.

With the appropriate modifications, however, the description applies also to many (possibly all) other countries, specifically including those with the Western-style elections-based systems. Therefore any ideas may very well be relevant for effecting a change in many societies.

The questions then are:

How can a revolution create a deliberative democracy and sortition? What would be a realistic scenario or plan for that? What can international agents/actors, people like you, do to make it possible? Is there any international organization that can help at least us, Iranians who live out of Iran, to have a “citizen assembly based on sortition”, to practice democracy and peer-to-peer conversation between us and to create a feasible image of how could be the democracy like in Iran of future?

And, again, I believe the answers in the context of Iran would not be very different from the answers in other contexts. Sortition activists of all countries should consider these questions in the contexts of their own societies and government systems.

Altaf: Getting out of the mess

Dr. Anjum Altaf is an economist and Dean of Social Sciences at the Lahore University of Management Sciences. The following are excerpts from an article Altaf recently published in the Pakistani newspaper Dawn.

THE big question Pakistanis must ask is how to get out of this disarray. By now, no one can deny that the country is in a huge mess, which is getting worse by the day. And it is getting worse because of the quality of its rulers. They are interested in nothing beyond their own interests; their only concern, while the country drowns and burns, is who will get to appoint the most important man who, they will then complain, does not allow them to do what needs to be done.

At this stage of terminal decline, there is no possibility of a normal recovery because of the state of the rot and the capability deficit to address it. Only radical solutions offer hope. Ideally, one would hope that the quarrelling rulers would realise the gravity of the catastrophe that threatens everyone and arrive at a consensual response, but that is extremely unlikely. In its absence, only popular demand can force their hand and save the country.

It is no longer possible to revert back to monarchy (though note how intelligently that has been employed in Malaysia) and dictatorship has time and again made things much worse. There is no alternative to popular rule, but we can certainly have a system where governance is truly by the people. There is a model for such an alternative called ‘sortition’, in which legislators are selected by lottery from the larger pool of adult citizens.

In ancient Athens, sortition was the method for appointing political officials and was deemed the principal characteristic of democracy by ensuring that all eligible citizens had an equal chance of holding public office. Unhealthy factionalism, the buying and selling of electables, and populist posturing is eliminated when assemblies are chosen by lottery. These representatives can then engage the experts they need for formulating policies.

This proposal is bound to be met with incredulity and scepticism. I can only point out that even today, in common-law systems, sortition is used to select prospective jurors who have a say over life-and-death decisions. Today, it is a life and death instance for Pakistan, and citizens need to take their governance in their own hands. There is no way they can do a worse job than the motley bunch of uncaring electables and strongmen to whom they have handed over their destiny.

Any extension of the status quo will reduce Pakistan to rubble. By the time the music stops, the lights will be out and there will be nothing to eat next year.

Using Lottery Prizes to Incentivise Covid Vaccine Take-Up

According to the article “Mastering the art of persuasion during a pandemic” in the journal Nature (OUTLOOK, 26 October 2022):

After the first COVID-19 vaccines were rolled out in the United States, local and state officials invested millions in the idea that waving money at people would convince them to get the jabs. Leaders tried straight cash incentives, whereby people collected a set sum for getting vaccinated, as well as lotteries, in which vaccinated people were entered into a draw to win a cash prize.

But the concept often flopped. One study (3) that gauged the effectiveness of vaccine lotteries found that vaccination rates were not significantly higher in lottery states than in non-lottery ones. Guaranteed cash payouts were somewhat more likely to encourage vaccination, a meta-analysis showed (4). Still, the evidence on incentive-based persuasion “is pretty disheartening in general”, Milkman says.

She is now studying a twist on the lottery strategy that might deliver more value for money — a regret lottery. This involves telling people that their name has been entered into a draw to win a large amount of money, but if their name is pulled from the hat and they have not been vaccinated then they will have to decline the reward. When Milkman and her team tried this in Philadelphia (5), vaccine rates in the area increased slightly compared with those in other, similar areas that did not have a regret lottery. “The one data point we have looks promising,” Milkman says, but further research is needed to confirm the finding.

References from the original:

(3) Law, A. C. et al. JAMA Intern Med. 182, 235–237 (2022).

(4) Brewer, N. T. et al. Lancet Reg. Health Am. 8, 100205 (2022).

(5) Milkman, K. L. et al. Nature Hum. Behav. https://doi.org/10.1038/s41562-022-01437-0 (2022).

What’s in a Name?

Many of us are part of a movement that melds three ideas: sortition, deliberation and democracy. But we don’t have a widely-accepted name for our movement.

Deliberative democracy could be that term. However, it has a major deficiency: outside our movement it only means two of our three central tenets. I did not find any mention of the terms lottery or sortition in the entry for deliberative democracy in Britannica, Wikipedia or The Free Dictionary. In other words, the references that many people consult to learn about the topic don’t reflect our movement.

Is there an effort to make changes to popular reference sources? Is deliberative democracy the best term for our movement? Should the term deliberative democracy embrace sortition?

Sortition in the U.S. constitution

In a paper in The Yale Law Journal, Bernadette Meyler, professor of law at Stanford, makes the case for having sortition as part of the American democratic (sic) system. In the abstract she writes that she aims at

highlighting the ways in which the Constitution celebrates aspects of democracy that do not fit neatly within the model of majoritarian elections. Focusing in particular on the jury system, the protections for petition and assembly, and the references to the general welfare, this Response opens space for nonelectoral democratic defenses of the administrative state, including agonism.

In the article itself Meyler writes:

While democracy today is often seen as synonymous with majoritarian elections, that was not always the case. Another form of democracy, practiced in ancient Athens and elsewhere, entailed selecting officials by lot, or sortition.32 Although the U.S. Constitution never explicitly mentions this procedure, it was not foreign to the Founders, who arguably incorporated it into our constitutional scheme through the jury. Sortition represents a significant democratic alternative to the mechanism of election, and systems that rely on sortition tend to emphasize different aspects of democracy than those implementing majoritarianism.

[S]election by lot could permit an equal distribution of the “probability of achieving power” and “could promote equality in the distribution of offices.”

Meyler wonders why the U.S. revolutionaries did not consider introducing sortition into the system they were designing, and with Bernard Manin suggests that this has to do with their reliance on the idea of consent. (See here for why this idea is not convincing.)
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