Writings and observations

Form following function

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In modern architecture its said the shape of a building should be based on its purpose. If a core purpose or function of Democracy is to allow all voters meaningful participation in elections, then the current form doesn’t follow function very well.

While the top two primary (Measure 90) failed in November by a wide margin, even many of its opponents said that there was some merit in trying to increase voter participation in primary elections. They also conceded there was some unfairness in taxpayers picking up the tab for the private party nominations for only the Democrats and Republicans. And let’s keep in mind there is nothing in the US or Oregon constitution that mandates our current political party paradigm. Nothing about political parties, or a two party system, or primary elections. It’s all a result of political decisions that can be altered given new facts and realities.

In an October 2014 City Club of Eugene Measure 90 debate Democratic Rep. Phil Barnhart claimed that “Rep. Val Hoyle has a bill on her desk right now that she’s working on to open up the primary process” That bill was apparently HB 3500 which was referred to in Salem as “Rep. Hoyle’s open primary bill”.

The bill was filed March 19th, 2015, and never gained traction. That’s largely because HB 3500 was anything but an “open primary” or any version of election reform. HB 3500 actually would have closed the Oregon primary even more.

As we go forward the question will be:

How committed are the Democrats to election reform?

If you look at recent history, the answer is: Not very. HB 3500 had a hearing but got little support. Largely we hope because it was exposed here on Oregon Outpost as not any type of open primary, but simply a same day registration bill for mail in ballots and a way to get NAV leaners to register as Democrats or Republicans. So when the bill lost support it was decided to set up a study group to consider election reform laws for the next session. A study group generally means, we don’t want reforms. But a study group it is.

The elephant in the room for Democrats is this. Democrats are very proud of their positions on democracy reform. Nationally, they oppose voter ID laws and celebrated the passage of Motor Voter and the expansion of voter rolls. All pro democracy – pro reform ideologically. But, like the Republican Party, are also protective of their prerogatives as a major party. Taxpayer funded nominations. First past the post voting to assure two party control. Closed primaries so their base determines their nominees. Add to that the Democratic and Republican Parties are shedding members like an Akita during a Florida summer, so making it even easier to participate in our Demoracy as a non D or R isn’t really in their best interest. Forcing voters to choose between being a Democrat or Republican is.

Add to that mix two other factors. Gerrymandering and Motor Voter and it becomes even more difficult for Democrats to reconcile their open democracy and full participation philosophy with their desire to maintain political power and control.

What The Democratic (and Republicans) have constructed in legal form through election laws is this. 85% safe Districts. Fewer D and R voters both in real numbers and as a percentage of total voters. A Huge number of new voters because of Motor Voter (Going from about 2.1 million to 2.9 million voters) most of whom will likely be Non affiliated voters, since they won’t be opting for party affiliation at DMV by filling out a registration card as is now required.

Look at where this leads.

The current voter registration is approximately:

Democratic 38%
Republican 30%
Non Affiliated 24.5%
IPO 5%
Other 2.5%

So today the D’s and R’s can at least say that currently almost 70% of all Oregon voters can participate in our primary elections.

But what happens with Motor Voter? Even now half of all new registered voters opt to be non affiliated. For those new passively registered Motor Voters who are initially registered NAV I think it’s fairly safe to say that 80% won’t opt to join any party. And, since the Democratic and Republican Parties are already seeing their market shares decrease (See analysis for who is leaving the D’s and R’s) those two parties will realize significant drops in market shares in total voters even without Motor Voter.

Generously assuming that 20% of the Motor Voters join a party, and they join in the current pro rata shares that exist now, in two years, you can expect the market shares to be something like this:

Democratic 31.5%%
Republican 24.5%
IPO 4%
NAV 38.5%

That would mean that absent election reforms, almost half of Oregon Voters won’t be able to participate in the primary election unless changes are made.

So here’s the political and philosophical dilemma for Democrats – who have the power to write and rewrite the election rules – face.

Do they keep the election rules as they are – which will further empower their party voters but assures that there will be even fewer contested elections and fewer Oregonians eligible to participate in our elections? Or do they follow their political philosophy of empowering voters and expanding our Democracy by reforming our election process. Even if doing so diminishes the power of their political base a sliver?

We’ll soon see. Because the makeup of the study group will tell us all we need to know. And recent history is not on the side of true reform. Word from a reliable source is that when HB 3500 was being drafted and shared with stakeholders, Democratic Leadership’s staff let it be known that the core purpose of HB 3500 was to figure a way to get NAV leaners and new Motor Voters to register as Democrats. Not to empower NAV’s. So just watch the membership of the Study committee. Will it be the most partisan Democrats and Republicans? Or will it include at least one member of Oregon’s third major Party, and a minor party representative, perhaps a well known academic, and maybe even some NAV voters?

We should hope for the best. There are plenty of smart, fair and honest people of all political affiliations who could be appointed to this study committee and who would propose options that widen participation, protect the prerogatives of the parties and further our mutual desire for better more cooperative and more consensus governance.

Or, It could be that depending on who is appointed, the best we can hope is that they don’t come up with yet another proposal that appears to be reform, but just more firmly empowers the Democratic and Republican parties at the expense of all Oregon voters.

If form really does follow function, then the results from the study committee will inform us as to what the Democrats truly believe the function of elections is. To elect Democrats? Or to assure a well functioning Democracy.

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