The role of secret ballots of our elected representatives

Voters-secret-ballot-system-Australian-British-elections-April-17-1880

From Encyclopaedia Brittanica: “Australian ballot: Voters participating in the secret ballot, or Australian ballot, system in the British general elections of April 17, 1880. Hulton Archive”

Though I have a deep interest in and faith in sortition as “the other way of representing the people”, my own view of a good system and of the path of activism to save our ailing democracies is protean, eclectic and pragmatic. In that spirit I offer this recent column of mine published in Australia. It makes a passing reference to sortition, but is focused on another very simple and critical building block of our democracies as they’re currently constituted – the choice between where voting should be by public and open ballot and where the ballot should be secret. The basic principles seem obvious – secret ballots for citizen’s votes and public voting for their representatives. But some artful exceptions could make a big difference to our current travails.

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As an Irish parliamentarian, Edmund Burke once said that he owed his constituents not just his industry but his judgment, and that if he voted according to their opinions rather than his own judgment he would betray rather than serve them.

This failure to flatter his audience helps explain why he’s better remembered today as a philosopher than as a practitioner of politics. But the distinction he made gives us a key to mending our democracy.

Today, when push comes to shove, politicians’ allegiance is neither to their judgment nor their constituents’ opinion, but to their party. (It is worth noting that political parties were in their infancy in Burke’s time.)

It is not uncommon for legislative chambers around the world to have voted against the judgment of the overwhelming majority of their members and even against the people’s wishes — all at the behest of party bosses.

In this category I’d include numerous votes of the UK parliament regarding Brexit and various decisions of US congressmen and women culminating in the failure to find Donald Trump guilty during his recent impeachment trial — despite Republican Senate leader Mitch McConnell describing then-president Trump’s conduct as a “disgraceful dereliction of duty”.

That conduct moved Trump’s political opponents to some genuine eloquence rather than the usual play-acting. As Senate majority leader Chuck Schumer put it:

Five years ago, Republican senators lamented what might become of their party if Donald Trump became their presidential nominee and standard-bearer. Just look at what has happened. Look at what Republicans have been forced to defend. Look at what Republicans have chosen to forgive. The former president tried to overturn the results of a legitimate election and provoked an assault on our own government, and well over half the Senate Republican conference decided to condone it. The most despicable act that any president has ever committed, and the majority of Republicans cannot summon the courage, the morality, to condemn it.

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Landemore: Open Democracy, part 1

I have recently started reading Hélène Landemore’s book Open Democracy (2020, Princeton University Press). Having gone through the first two chapters, I find the book very useful and I highly recommend it. Despite its somewhat clichéd title, and despite the occasional bow toward the self-serving traditional Western theory of democracy, Landemore is in fact offering (it seems so far, I should say) a rather radical critique of the status quo and does not shy away from throwing some heavy punches at theorists who in one way or another defend oligarchical ideologies. In fact, Landemore presents – even if intermittently and obliquely – a thoroughgoing critique of the elections-based system that is not only better argued than, say, that of Van Reybrouck, but also more radical than his. I can’t think of a comparable book from a mainstream US political scientist. (Maybe Dahl’s A Preface to Political Theory?) The fact that Landemore, now at Yale, is originally French, may be playing a significant role.

Here is a first installment of my comments. I hope to have quite a few more posts discussing Open Demcoracy.

“Open Democracy”

To start: the title, “Open Democracy”. This does not bode well. Is there such a thing as a “closed democracy”? Is this making an implied assertion that our current system is a closed democracy, while we should be aiming at an open democracy? The term “open” has the odor of a buzzword (as in “open source”) – a feel good term which like “democracy” itself, or “people power”, could really mean anything.

On page 2 (I am reading the electronic version, so page numbers are approximate), when discussing what are supposedly historical examples of democracies, Landemore gives what seems like a definition of “open democracy”: a situation where “in theory”, any member of the political community “could access the center of power and participate in the various stages of decision-making. Citizens could literally walk into the public space to be given a chance to speak and be heard”. This is contrasted with the modern situation where “many have the feeling” of being “left out of the most important centers of political power, while the political personnel form an elite that is separate from them”.
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Chevallier: The chic populism of participative democracy

A column by Arthur Chevallier in Le Point is yet another condemnation of the allotted committee monitoring the French vaccination campaign. The author sees the creation of the committee as a sign of weakness and hesitation. The government, he asserts, must act resolutely and dispose of attempts to over-communicate.

Chevallier is an editor at Passés composés and the author of the book “Napoléon et le Bonapartisme” published by Que sais-je ?.

The chic populism of participative democracy

Jan. 5, 2021

The allotment of 35 citizens to follow the vaccination campaign was aimed to be the perfect exercise in communication. It turned out to be the opposite.

Democracy is not about weakness. It is not about the promotion of amateurism. The creation of a committee of 35 allotted citizens which is supposed to follow the vaccination against Covid-19 invited mockery. What should have been proof of transparency turned into evidence of failure. If criticising the management of the crisis is less a matter of courage than of cynicism, since the matter is not as easy as it may seems, it is still necessary to denounce the unhealthy attempt to compensate for lack of efficacy by populism. Horizotalization of power is an illusion. Democracy did not gain its prominence by getting amateurs to run complex matters, but rather by its successes.

Without being aware of it, progressivism gives way to a stereotype of recationism. Since the 19th century, an ideology which may be called counter-revolutionary mocks democracy for being “feminie”, attaching to it labels such as the well-known “prostitute”, and hurling insults claiming that it is incapable of creating a powerful and harmonious state. History proves the opposite. Democracy is in fact quite often a radicalization of politics. In antiquity, Athens was at its height of power and imperialism at the 5th century BC, being its age where its democracy attained its most sophisticated form.
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Facebook has created an oversight board that includes the former prime minister of Denmark — but how independent is it really?

Matthew Syed’s Sunday Times article led me to think this was a good case for appointment by random selection.

Facebook has long been one of the most powerful actors in the world. It can shut down the communication of presidents, censor information on a network that connects 2.8 billion monthly users, and spread fake news — inadvertently or otherwise — using algorithms that can shift the dynamics of democratic elections. But who controls Facebook?

This is a question that came into sharp focus last month when Donald Trump was shunted off the platform at much the same time that he was dropped from Twitter and YouTube. The companies cited violations of their terms of use and claimed that, as private institutions, they were not bound by First Amendment free speech obligations. Conservatives responded that it was intolerable that judgments on who could access the digital equivalent of the town square were determined by the woke sensibilities of a tiny group of West Coast billionaires.

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Lottery for CV-19 Vaccination in Manatee, Florida

I suppose it had to happen!

“Currently, there are about 180,000 people [over 65] signed up in the county’s standby pool [database] with hopes of being vaccinated at the county’s drive-thru at Tom Bennett Park, 400 Cypress Creek Blvd, Bradenton. When COVID-19 vaccine doses become available, people are randomly pulled from that pool and given a shot. The county’s IT director said it’s entirely up to a computer to decide who will get a vaccine and when. “It is fully automated. There is no other information in there, whether race, ethnicity or address,” said Paul Alexander.”

Here’s how the randomisation system works

“The county’s IT director said it’s entirely up to a computer to decide who will get a vaccine and when. “It is fully automated. There is no other information in there, whether race, ethnicity or address,” said Paul Alexander.”…..”When doses become available — which is determined by the weekly allotment granted to the county by the Florida Department of Emergency Management — that database is used to randomly select from the pool who will get a shot.”

More on this at

Manatee County’s COVID-19 vaccine standby pool explained | Bradenton Herald

Police Oversight Commissions Chosen by Lot?

Two city councils in California (Culver City, Petaluma) have people on them interested in reforming their police oversight commissions to include members selected by lot. Talks are exploratory at this point, but our group of California democratic lottery activists (Random Access Democracy, or RAD) is advocating with City Council members. We could be more effective if I could hear from anyone in the Equality by Lot readership who has any experience or information that would help us make the case. Right now I do not know of any examples of police oversight commissions chosen by lot. Are there any? Can anyone direct me to any references about them? At this point I know of two apposite resources:

  1. Community Control of Police: A Proposition
  2. Shaunsky Colvich of Democracy Without Elections recently mentioned that Lincoln Steffens, in his book, The Shame of the Cities (1904), described how “a grand jury effectively fought police corruption in Minneapolis. Back then grand juries (selected by lot) had far more power and weren’t as limited in scope or discovery as modern grand juries are, which are usually just rubber stamps for prosecutors . . . never calling their own witnesses or being allowed to do their own research anymore.”

Start with the State

In a new post, I argue that traditional political philosophy has been too concerned with building notions of justice and government from the individual up, and not focused enough on accepting the state as a fact and working down from there. While starting with the individual and trying to re-imagine the state has an intuitive appeal, it actually causes political philosophers to avoid applying real controls over the state in all of its contingent glory. Because of this, starting with the state as the first premise actually increases the protection afforded to individuals, by more carefully avoiding things that can go wrong with state intrusion into those freedoms.

How sortition points beyond all that sound and fury that signifies nothing

Back in the day, (which is to say for most of the 20th century until things began changing in the 1980s), each of the major political parties had a few percentage points of the population as members. In addition to the intrinsic rewards of being part of one’s country’s social and political fabric, the ultimate point of membership was to influence your party’s political platform and through that to influence government policy.

Correspondingly, mass movements such as the civil rights movement would pare back their platforms to the specific issue they wished to highlight. It took Martin Luther King most of the 1960s to come out against America’s involvement in Vietnam because widening his movements platform was seen to compromise the size of the civil rights coalition. 

Since then politics has famously been ‘hollowed out’. The membership of mainstream political parties has plummeted with those left tending to be careerists, the stooges they attract to stack branches and occasional naïve blow-ins. Political parties still go through some of the motions of members determining policy, but senior party professionals understand themselves as a fighting force which will need to improvise its way through the news cycles through to the next election and that makes member determined policy a potential liability.

And something similar has occurred in mass movements. Their campaigning is increasingly focused on people’s expressive side. And policies are increasingly seen through that lens. Thus Black Lives Matter wants to defund the police or says it does. This is a ridiculous slogan, but one treated with great toleration by our media and commentators. Brexit might mean Brexit, but defund doesn’t really mean defund. It means … well something else – reallocating funds to community building and all that stuff. Likewise, the BLM platform plans to overthrow capitalism and all the rest of it. And it turns out that next to none of the coverage that BLM gets is about its policies. So its policies can be aimed at expression rather than the outcomes that those policies might produce.  

I began writing a post on this back in the days of France’s Yellow Vests. They knew they were pissed off, and, for all I know they were right to be pissed off. They knew they didn’t like certain taxes which they felt targeted them. But what did they like? What policy changes were they after? That was less clear. 

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Sortition has progressed, it seems, into the ridicule phase

As Mahatma Gandhi didn’t say:

First they ignore you. Then they ridicule you. And then they attack you and want to burn you. And then they build monuments to you.

The fondness of the Macron administration for allotted bodies has prompted the following piece by the satirical site Francheinfo. Marlène Schiappa is Macron’s assistant minister in charge of citizenship.

Marlène Schiappa is going to allot 15 citizens for a free Brazilian hair straightening

Democracy above all else, like in ancient Greece, Marlène Schiappa has chosen to use sortition in order to select 15 citizens of all origins, religions and hair types as winners of Brazilian hair straightening at the Ans Brazil salon.

“Under current conditions, we must allow the French people to enjoy soft and silky hair, such as mine, all for a reasonable price as offered at Ans Brasil. This is first of all a matter of social justice. Whether one lives at Aulnay or at Poissy sur Brie, we must allow French people’s hair to be nourished from its tips to its roots, with a sufficient dose of keratin so that it does not become brittle,” explained the minister for citizenship and for the hair-growing areas of the skin.

Washington state climate assembly

Washington state is having a Climate Assembly.

While the rhetoric around the assembly is by now standard, the sortition methodology employed is interesting, and notably includes video documentation (above, starting about 11 minutes in) of the randomization process.

The WA Climate Assembly called 6,333 households via Random Digit Dialing (RDD) recruiting using a longtime RDD sample provider, Scientific Telephone Samples, for RDD sample development. These samples are based on assigned numbers (for landline) or billing zip codes (for cellphone) to ensure the numbers we targeted were within the target market for this assembly.

Once call recipients who were willing and able RSVP’ed to the WA Climate Assembly team, a volunteer team (Panelot) from Carnegie Melon University and Harvard University used an algorithm they developed to generate a list of 10,000 panel compositions. Each one of these panel compositions had a mix of 80 potential Assembly members that reflected the make-up of Washington State, including:

  • Approximately half men/women
  • Age range from 16+
  • Congressional district
  • Income level
  • Race/ethnicity
  • Education level
  • A range of opinions backed by earlier studies about whether global warming is happening; is caused mostly by human activities; and whether the individual is worried about global warming.

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