Democratic Deficit and the Majority Principle Hannu Nurmi ∗ Department of Political Science and Contemporary History University of Turku Finland Abstract The concept of democratic deficit refers to the discrepancy between the decision outcomes of the representative institutions and the opinions of the electorate. Whenever these two coincide, the democratic deficit vanishes. We shall first deal with the simplest settings that involve only two decision alternatives and two levels of decision making. It will be seen that here we may encounter the democratic deficit in its plainest form: the clear majority of voters preferring alternative a to alternative b, while a vast majority of representatives having the opposite preference even though every representative correctly votes according to the opinion of the majority of his/her electors. The culprit responsible for the democratic deficit is the majority rule, simple or qualified. With three or more alternatives the will of the people can become inherently ambiguous, i.e. procedure-dependent. It turns out that a major culprit is again the majority principle. The avoidance of democratic deficit in representative systems without sacrificing the majority principle seems impossible, pace those deeming the majority principle as a necessary ingredient of democratic governance. Do the new advances in electoral system design provide ways to ameliorate democratic deficit? With appropriate (cryptographic) methods that guarantee ballot secrecy, correct counting of ballots, random sampling of voters and speedy processing of ballots, we could gradually replace representative systems with direct forms of participation. We shall discuss these innovations and argue that the problems related to the agenda control make these innovations of rather limited importance in democratic governance. At the same time it is likely that the role of direct participation – possibly augmented with deliberative processes – will increase in the future largely as a result of the electoral innovations. ∗ The author wishes to acknowledge Andranik Tangian’s many useful comments on an earlier version. 1 1 Introduction Abraham Lincoln’s well-known definition of democracy as the government of the people, by the people and for the people contains the basic goals customarily associated with democracy. The first part, ‘of the people’, does not require further commentary since it merely delineates the subjects of government. The second and third parts are less obvious. Does the second goal, ‘by the people’, mean that only direct forms of government will be democratic or can indirect, representative forms also be included? Does ‘for the people’, in turn, mean that only Pareto optimal political (i.e. those that can be achieved without diminishing anyone’s welfare from the level of the status quo) outcomes are justifiable? Upon strict literal reading no present day democracy works according to the latter two desiderata; all systems involve a significant, even dominant, degree of representative governance. Moreover, very often the benefits accruing to a group or stratum of the society are achieved at the loss of other strata or groups. This does not, of course, in any way diminish the value of Lincoln’s definition as a normative goal. Very often the ‘by the people’ is translated into ‘by a majority of the people’ and somewhat less often ‘for the people’ into ‘for a majority of the people’. The reason for these translations is typically practical: there is no unanimity or even near unanimity about policies or candidates in the electorate. Hence, the requirement of consensus regarding the courses of action collectively pursued would leave us completely empty-handed. Thus, by diminishing the number of voters whose consent is required for collective decisions one has better chances of getting motions passed in legislatures and persons elected to public offices. An inevitable consequence is that in most cases there will be voters whose opinions do not coincide with the victorious policy options or candidates. Therefore, a democratic deficit is simply a consequence of the lack of consensus among voters. What majority seems to guarantee, however, is that in dichotomous choice situations the deficit always victimizes strictly less than a half of the electorate. If higher than majority thresholds, qualified majorities, were in use, the proportion of frustrated voters could be larger. This would be the case if the status quo is regarded worse than a given policy option by a larger than majority but smaller than the required qualified majority of voters. In this paper we shall dwell on the relationships between the majority rule and democratic deficit. Our approach is purely theoretical, but at the same time applied. To wit, we shall look at the implications of several wellknown results of social choice theory in an effort to trace their consequences for the design of democratic decision making institutions, especially voting systems. Surely, democratic deficit can also pertain to situations involving no voting at all. Instead, other ways of achieving collectively binding decision are resorted to, e.g. bargaining among interest organizations. These 2 are beyond the scope of the present paper. In what follows we shall first look at the main justifications of the majority rule. Thereafter, we discuss a couple of majority voting paradoxes that may be encountered in dichotomous settings. We then move on to more general k-option choice situations and see that the majority principle becomes inherently ambiguous there. This ambiguity seriously undermines efforts to use the majority preferences as tokens of the will of the people. In particular, the majority should not be considered as an actor like in ‘by the people’ nor an object like in ‘for the people’. We shall then consider the role of some modern innovations in reducing the democratic deficit. Our focus is on some versions of e-voting and deliberative mechanisms. While a completely satisfactory e-voting mechanism is yet to be found (Galois 2015), some shortcomings of the existing systems may be improved in several respects (e.g. verifiability of the ballot assignments). From the democratic deficit viewpoint more promising are attempts to combine deliberative mechanisms with agenda-formation in referenda. The work of List et al. suggests that deliberation may bring about preference domain restrictions that are conducive to stable voting outcomes (List et al. 2013). Hence, some types of preference aggregation paradoxes may be avoidable through deliberative agenda-formation. 2 Why majority rule? When a group of people has to make a choice between two options, say, to join a trade treaty or not, it seems natural to give each voter one vote – ‘yes’ or ‘no’ – and count the ballots. Whichever alternative gets more votes is then declared the winner. Should each alternative get the same number of votes, then the outcome is a tie. This setting describes the simple majority rule. More than half a century ago Kenneth May gave an axiomatic characterization of the majority rule (May 1952). To remind ourselves about this result, we first define the majority rule in precise terms. There are two alternatives – x and y – and n voters. We assume that each voter i’s opinion Di concerning x and y is one and only one of the following: ‘x is strictly better than y’, ‘x and y are equally good’ or ‘y is strictly better than x’. These opinions are denoted by Di = 1, 0, −1, respectively. The collective decision D can have each of these values as well. A group decision function is then D = f (D1 , D2 , . . . , Dn ) (1) Now, denote by N (1) the number of 1’s in the decision function (i.e. the number of individuals strictly preferring x to y). Similarly, let N (0) and N (−1) be the number of 0’s and −1’s, respectively, in the decision function. The simple majority rule can now be defined as follows: 3 Definition 1 Simple majority rule is a decision function that has the values D = 1, 0 or −1 according to whether N (1) − N (−1) > 0, = 0 or < 0. May’s characterization involves the following properties: 1. Decisiveness: the domain of f consists of the Cartesian product D1 × D2 × . . . × Dn . In other words, the function yields a value for any combination of individual preferences over x and y. 2. Anonymity: any permutation of the individuals leaves the value of D unchanged. That is, only the number of 1’s, 0’s and −1’s, not how they are attached to specific individuals, determines the value of f . 3. Neutrality: f (−D1 , −D2 , . . . , −Dn ) = −f (D1 , D2 , . . . , Dn ). In words, if everyone changes his/her mind so that those strictly preferring x to y now strictly prefer y to x and vice versa and, moreover, those who are indifferent between x and y, remain indifferent, then the outcome should change from 1 to −1, from −1 to 1 or remain unchanged if it was a tie. 4. Positive responsiveness: only one voter’s change of mind is required to break a tie. More formally, if D = f (D1 , D2 , . . . , Dn ) = 0 or 1 and if a new profile is formed so that all individuals except i keep their opinions unchanged and i changes his opinion from −1 to 0, from −1 to 1 or from 0 to 1, then x is chosen under the new profile, i.e. D0 = f (D10 , D20 , . . . , Dn0 ) = 1. May’s characterization theorem states that a group decision function is the simple majority decision if and only if it satisfies decisiveness, anonymity, neutrality and positive responsiveness. Arguably these properties are quite natural and plausible. The first property pertains to the general applicability of the function in guaranteeing that under all opinion distributions a collective decision can be found. The second and third properties, in turn, exclude discriminating decision function. The fourth property, finally, states that additional support, ceteris paribus, never harms a candidate and that ties can be broken by the change of mind of a single individual. The theorem gives quite a strong theoretical reason for adopting the simple majority rule. Similar, but more conjectural justifications have been presented by Buchanan, Tullock and Rae (Buchanan and Tullock 1962; Rae 1969). The upshot of all these efforts is that in two-alternative settings the simple majority rule seems quite plausible. As is well-known, difficulties arise when more than two alternatives are being considered. Some of these will be discussed later in this paper. Before that, however, it is worth pointing out that anomalies can well arise already in the two-alternative settings. 4 voter voter A voter B voter C voter D voter E winner welfare X X Y Y Y Y policy area foreign affairs X Y X Y Y Y culture Y X X Y Y Y the voter votes for X X X Y Y ? Table 1: Ostrogorski’s paradox 3 Majority paradoxes in two-alternative settings Most political decisions involve comparisons of alternatives (candidates, policies) along several criteria. It is quite typical that one alternative is preferred to another on one criterion, but the preference is inverted on another criterion. When voting for a presidential candidate, we may have a large number of criteria in mind ranging from purely personal characteristics to stands on various political issues. In these kinds of situations, the majority may result in an ambiguous outcome. The case in point is Ostrogorski’s paradox introduced and elaborated by Daudt and Rae (Rae and Daudt 1976; Daudt and Rae 1978). Table 1 presents a instance of the paradox. There are two candidates, X and Y, running for presidency and five voters, A - E, voting.1 Each voter evaluates candidates using three criteria, say welfare policy, foreign policy and cultural policy. Table 1 indicates for each voter which candidate is closer to the voter’s policy ideal. Thus e.g. voter B thinks that X is closer to his/her (hereafter his) ideal position on welfare and cultural policy, while Y is closer on foreign policy. Let us assume that each voter deems each criterion of roughly equal importance and casts his vote for whichever candidate is closer to his position on a majority of criteria. The right-most column lists the candidates to be voted for by each voter on the basis of this principle. We see that voters A, B and C would vote for X since X is closer to their positions on a majority of criteria. Similarly D and E vote for Y since they prefer Y on every criterion. The outcome then is that X receives 3 and Y 2 votes. Hence X wins. Looking at Table 1 from another angle, we see that on the welfare criterion a majority of voters deems Y closer than X. The same is true on the two other policy areas. Hence, one could argue that the overall winner ought to be Y as it is the majority winner on all three policy areas. Thus, if the vote was taken as in a direct democracy – i.e. each policy area being voted upon 1 The number of voters representing each preference rankings can be multiplied with a fixed constant without changing anything. Thus e.g. instead five we could consider five million voters with voters A - E standing for one million voters each. 5 voter voter 1 voter 2 voter 3 voter 4 voter 5 issue issue 2 Y X Y X X issue 1 Y X X Y Y issue 3 X X Y Y Y Table 2: Anscombe’s paradox separately – the winner would be Y. This outcome would, however, leave a majority of voters – viz. A, B and C – frustrated since their candidate in the indirect election is X. As a consequence of the ambiguity, democratic deficit will emerge: the issue by issue voting winner Y will be defeated by the ‘representative’ voting winner X. Anscombe’s paradox demonstrates a seemingly similar discrepancy between various methods of aggregating votes (Anscombe 1976). The paradox can be summarized by stating that it is possible that a majority of voters will be on the losing side in dichotomous voting on a majority of issues. Table 2 illustrates. There two alternatives X and Y are again being voted upon. Like above, they may be presidential candidates. There are three relevant issues on which the voters are able to locate the candidates vis-à-vis their own ideal positions at least to the extent that they can say which candidate is closer to their own ideal position. The closest candidates for each voter on each issue are indicated in Table 2. A glance at the table reveals that this is not an instance of Ostrogorski’s paradox: Y wins on a majority of issues and by a majority of voters. Instead, we observe that voter 1 is on the losing side on issues 2 and 3, voter 2 on issues 1 and 3 and voter 3 on issues 1 and 2. Hence, three voters out of five is in a minority on a majority (two issues out of three) of issues. Clearly now a majority of voters becomes a victim of democratic deficit. The setting of Table 2 invokes incentives for collusion among voters 13. By virtue of constituting a majority these voters may impose whichever outcome they choose. On the other hand, none of them is likely to agree on a joint voting strategy that would involve deviating from his true opinion on two or more issues. However, by coordinating their votes to X, Y, X (i.e. X on issue 1, Y on issue 2 and X on issue 3) they can bring about this outcome. This would involve only one change in each of the three voters’ true opinions. Hence, it would make sense for them to coordinate in this manner. One could conjecture that qualified majority rules – i.e. rules that require larger than simple majorities to change the status quo – could eliminate Anscombe’s paradox and the possibility that the democratic deficit afflicts 6 opinion yes no district 1 45000 55000 ... ... ... district 9 45000 55000 district 10 100000 0 total 505000 495000 Table 3: Referendum paradox the majority of voters. It turns out, however, that this is not the case (Nurmi and Saari 2010, Th 6): even if the qualified majority calls for majorities one shy of unanimity, i.e. n − 1 out of n votes are required for a motion to pass, it is possible that the majority of voters does not win on any issue. Both Ostrogorski’s and Anscombe’s paradoxes are related to aggregation. A similar but conceptually distinct paradox that also involves just two alternatives is called the referendum paradox (Nurmi 1998). It occurs when the same issue is being voted upon directly by voters and indirectly by their representatives and when these two votes result in different outcomes. The wider the margin of victory in the two votes, the more dramatic instance of the paradox we are dealing with. Table 3 gives an instance of the paradox. A country of 1 million voters is partitioned into 10 districts of equal populations; each district has 100000 voters. Each district sends one representative to the parliament. The issue to be voted upon is dichotomous, e.g. joining or not joining a multilateral trade agreement. Table 3 presents a fictitious distribution of ‘yes’ and ‘no’ voters in the districts. In the first nine districts a majority of voters supports the ‘no’ option, while district 10 is unanimously behinds the ‘yes’ alternative. In a referendum the ‘yes’ alternative wins. Now, suppose that the same issue is subjected to a vote in the parliament. Then 9 MP’s out of 10 have a plausible reason to vote ‘no’ as the majority of their supporters prefer this alternative. Hence, a clear majority opinion in the popular vote can – quite plausibly – be contradicted in the parliament with a large margin. This reminds us of the famous dictum of the current president of European Commission Jean-Claude Juncker: ‘we all know what to do, but we don’t know how to get re-elected once we have done it’ (Juncker 2007). If the opinion of the whole population is ‘what should be done’, then the MP’s elected from the 9 first districts might have hard time justifying a ‘yes’ vote the majority of their electors and might, thus, fail to be re-elected. More importantly, the paradox shows that should the decisive vote be the one taken in the parliament (as is the case in countries with consultative referenda), the democratic deficit may afflict a majority of population even though the margin of majority in the parliament for the opposite outcome is quite overwhelming. The referendum paradox shows that in ordinary legislation even large margins in parliamentary support for legislative proposals cannot exclude the possibility of the opposite proposals enjoying a large majority support in the electorate at large. In fact, very little can be inferred about the latter 7 4 voters A C B 3 voters B C A 2 voters C B A Table 4: Ambiguous majority principle support on the basis of parliamentary vote margins. 4 More than two alternatives: Condorcet’s principle In the preceding we have focused on situations involving only two alternatives for the simple reason that it is in these situations that the the simple majority decision has an unambiguous meaning. With the advent of a third alternative, the majority decision becomes ambiguous. Consider the following example (Table 4). All three alternatives can be considered winners under three different procedures each resorting to some majority-related principle. Firstly, A is the plurality winner, i.e. it is ranked first by more voters than any other alternative. Secondly, B is the plurality runoff winner since no alternative gets the support of at least half the electorate in a one-person-one-vote- election. Hence a runoff between A and B – the two largest vote-getters – is required. In this contest, B wins with 5 votes to 4. Thirdly, C is the Condorcet winner, i.e. it defeats its two competitors with a majority of votes in pairwise comparisons (C beats A with 5 votes to 4, C beats B with 6 votes to 3). So, the ambiguity between three majority-related principles is maximal in this setting. Let us see what the arguments against the selection of each alternative might look like. Firstly, one could object the choice of A by pointing out that it considered the worst alternative by a majority of voters. Secondly, against the choice of B one could argue that a majority of voters prefers another alternative, C, to it. Thirdly, those opposing the choice of C could point out that C is the favorite alternative of the smallest number of voters. So, each choice can be objected to with at least a modicum of plausibility. It is worth observing that all three rules collapse into the same outcome in all profiles where one alternative is ranked first by more than half of the electorate since obviously the plurality and plurality runoff methods coincide as no second round contest is required. At the same time, the candidate ranked first by most voters becomes the (strong) Condorcet winner. Hence, no discrepancy between rules emerges. Despite the discrepancy exhibited by Table 4 and similar settings, the Condorcet winner is often considered a particularly plausible criterion of 8 4 voters A C D B 3 voters B C A D 2 voters D C B A Table 5: Condorcet winner ranked first by nobody winning. Hence, the methods that result in a Condorcet winner when one exists – the Condorcet extensions – are often deemed superior to the other main class of procedures, the positional methods (Felsenthal and Machover 1992; McLean 1991; Risse 2001). And indeed, the Condorcet winner criterion is clearly majoritarian in spirit. Additional advantages have been discovered by Campbell and Kelly (Campbell and Kelly 2015). Using their terminology, let us call the method that always chooses the Condorcet winner the Condorcet rule. An important result of Campbell and Kelly states that the Condorcet rule is the only anonymous, neutral and strategy-proof rule in Condorcet domains (Campbell and Kelly 2003; Campbell and Kelly 2015; Merrill 2011). A rule is strategy-proof if and only if there is no situation where it is manipulable by an individual voter. A rule is manipulable by voter i in the preference profile P = (P1 , . . . , Pn ) when by changing his preference ranking from Pi to P ∗i , ceteris paribus, the ensuing outcome is preferable by i to the original outcome. Thus, strategy-proof rules are not manipulable by any individual under any profile. Note, however, that the result is restricted to Condorcet domains, i.e. domains where a Condorcet winner exists.2 Indeed, by a result of Gärdenfors, all Condorcet extensions that are anonymous and neutral are manipulable (Gärdenfors 1976). The result of Campbell and Kelly rests on a restriction of the domain of social choice functions, viz. to the Condorcet domains. Despite its prima facie plausibility it is not difficult to see that Condorcet extensions may lead to severe problems related to the democratic deficit. To wit, as Table 4 shows the Condorcet winner may be considered best by a smaller group of voters than any other alternative. In fact, one may envision settings where the Condorcet winner is not ranked first by a single voter. Table 5 is an example of this kind of profile. Here C is the Condorcet winner, but is ranked first by no voter. Thus, if the Condorcet winner is elected, the democratic deficit afflicts every voter, not just a majority. 2 There are a couple of minor restrictions. Firstly, it does not hold when the number of alternatives is 2 and the number of voters is even. Secondly, it is not known if the result holds when the number of voters is a multiple of 4 and the number of alternatives is 3. 9 2 voters D C B A 2 voters A D C B 2 voters B A D C 1 voter D C B A Table 6: Subset choices by Borda count 5 Is the Condorcet winner criterion worth holding on to? In the debate concerning the relative plausibility of Condorcet winner vs. Borda winner, an often stated claim is that the Borda winner is crucially dependent on the alternative set under consideration. More importantly, a removal of an alternative may dramatically change the Borda ranking between the remaining alternatives. Similarly, adding an alternative may essentially change the Borda ranking among the rest of the alternatives. These findings were made by Fishburn in his early book on social choice theory (Fishburn 1973). Consider the 7-voter, 4-alternative profile of Table 6. The alternatives might be the candidates in the athlete of the year contest where prominent sport journalists vote on 4 main candidates by indicating their ranking over these sportspersons. Borda count results in the ranking D A B C. Before the results are made known, some evidence turns out suggesting that D is guilty of using illegal performance-enhancing drugs. D is, therefore, found ineligible in the contest at hand. Since nothing else has changed in the circumstances, it is decided that the submitted rankings be used in determining the Borda ranking over the remaining three candidates. Upon computing the new scores it is found that the new ranking is C B A, i.e. a complete reversal of collective preference over A, B and C. Fishburn’s result states that if alternative x is the Borda winner in set X, there are such profiles that x wins in only one proper subset of X. Clearly then widening or narrowing the alternative set opens avenues for outcome control. Could one then find some other positional procedure that provides more stable outcomes under variations of the alternative set? Saari’s answer is a resounding: no (Saari 2001). Table 7 shows the extreme instability of the plurality procedure (Saari 2001, 70). In Table 7 the collective ranking in terms of the plurality votes is: A B C D. Strike now the last alternative D out and recompute the plurality scores for the remaining three alternatives to get C B A, which reverses the previous ranking among A, B and C. Let us now elimate the lowest-ranked alternative A and recompute the plurality scores to get 10 3 A C D B 6 A D B C 3 B C D A voters 5 2 B C D B C D A A 5 C D B A 2 D B C A 4 D C B A Table 7: Instability of plurality procedure B C, which again reverses the the previous ranking over B and C. These examples come nowhere near in describing the profound instability possibilities underlying the positional procedures. These are captured in Saari’s theorem (Saari 2001, 72). Theorem 1 Saari 1984. Consider a setting with at least three candidates. Then proceed as follows: • rank the candidates in any desired way and choose procedure to be used in this set of candidates, • eliminate one candidate, place the remaining ones into any ranking (independently of the preceding ranking) and choose again a positional procedure to be applied to this set of candidates, • continue in this way until just two candidates are left and rank these two using the majority rule. There exists a profile which produces exactly the outcomes described above when the voters vote in each subset using the designated positional procedure. These profiles are completely chaotic: the result in the superset of alternatives in no way enables one to predict the collective choices in the subsets. There is no systematic connection between winning in subsets and in the outcome rankings in the supersets – or subsets, for that matter. In defense of the Condorcet extensions one could, however, maintain that removing alternatives from consideration because of ineligibility does not change Condorcet winners. If an alternative wins all the others in binary contests by a majority of votes in a set of alternatives, surely it will also win all the remaining ones if an ineligible alternative is removed. So, Condorcet extensions would seem to be immune to removing alternatives from the alternative set, while this is clearly not always the case with positional procedures. There are, however, modifications in the choice setting that change the Condorcet winner in a implausible way – while not changing the Borda winner. Consider the profile of Table 8. 11 7 A B C 4 B C A voters 4 4 A C C B B A 4 B A C Table 8: Condorcet instability Ignoring the vertical line for a moment, we have a 23-voter profile over three alternatives. There is a Condorcet winner, viz. B which is also the Borda winner. Observe that the 12-voter sub-profile on the right-hand side of the vertical line constitutes a Condorcet-paradox profile: A defeats C, C defeats B and B defeats A, all with an 8 to 4 margin. Focusing on this sub-profile only, there is no reason – based on the ranking information only – to put one alternative ahead of another since each alternative is ranked first, second and third equally many (4) times. A perfect tie, then, in this sub-profile. Focus now on the left side sub-profile of 11 voters. There A is a strong Condorcet winner, but B is the Borda winner. Now, if the 12-voter sub-profile is a perfect tie, its addition to some profile should, intuitively. make no difference to the outcome in the latter: if there was a winner, it should not change by the addition of a perfectly tied sub-profile. And, indeed, this is the case if the Borda count is applied; B wins both in the 11- and 23-voter profiles. For Condorcet extensions, on the other hand, the addition of the tied sub-profile changes the Condorcet winner from A to B. So, both Condorcet extensions and the Borda count are subject to instabilities as the result of various modifications in the choice settings. What makes the former methods more questionable, however, is the existence of several results showing the incompatibility of the Condorcet extensions with some other social choice desiderata. Of particular interest in the democratic deficit discussion are results showing that all Condorcet extensions are vulnerable to the no-show paradox (Moulin 1988). A no-show paradox occurs when a group of voters with identical opinions is better off (in the sense of their own preferences) by not voting at all than by voting according to their preferences (Fishburn and Brams 1983). In determining whether the paradox can occur one has to compare two profiles: (i) one where everyone submits a ranking and the result is determined on the basis of this, and (ii) one which is otherwise the same as in (i), but a group of identically minded voters abstains. If the outcome in (ii) is ranked higher in the preference of the abstainers than the outcome of (i), then an instance of the no-show paradox has occurred. The no-show paradox comes in two versions: the ‘plain’ one, just defined, and the strong version. The latter occurs when the outcome in (ii) consists of the alternative ranked first by the abstainers. In 12 1 voter D E A B C 1 voter E A C B D 1 voter C D E A B 1 voter D E B C A 1 voter E B A D C Table 9: Black’s method and the no-show paradox other words, the result of abstaining is not only required to be preferable to the one in (i), but the best one for the abstainers. Table 9 presents an instance of the strong version under a specific Condorcet extension, Black’s method. The method is a combination of two principles: (i) if a Condorcet winner exists, it is elected, otherwise (ii) the Borda winner is chosen. In Table 9 alternative D is the Condorcet winner and is, therefore, the winner of Black’s method. Now, consider the same profile modified so that the right-most voter abstains. This is now the profile (ii) in the above definition. In this (ii) profile there is no Condorcet winner. Accordingly, the Borda winner E is elected by Black’s method. A glance at Table 9 reveals that E is the first ranked alternative of the abstaining voter. We therefore have an instance the strong no-show paradox. Obviously the strong no-show paradox is more dramatic failure of responsiveness of a voting system than the ‘plain’ version of the paradox. It is therefore worth asking what kind of procedures are vulnerable to this stronger version. Pérez gives an answer to this question (Pérez 2001): nearly all Condorcet extensions are vulnerable to the strong no-show paradox. The only commonly known exception is the max-min rule (Kramer 1977). From the vantage point of minimizing democratic deficit, the positional procedures would seem preferable to Condorcet extensions. At least situations resembling that depicted in Table 5 can be avoided by plurality-related systems. This is, admittedly, not a conclusive argument in favour of positional systems, but in the restricted domain of minimizing democratic deficit it should have some bearing. By adopting Condorcet extensions one runs the risk of encountering no-show paradoxes and these undermine the very rationality of ‘going to the people’, i.e. turning to the electorate for advice. The Borda count, on the other hand, can be directly related to the minimization of democratic deficit (Nitzan 1981). Consider a profile of individual preferences over a set of alternatives. Take now any alternative, say x, and a voter, say i, into consideration and determine the number of pairwise preference switches that are needed to make x the first ranked by i. Obviously this is the same as counting the number of alternatives ranked higher than x by i. Considering all voters gives us the sum measure of how far from 13 the observed profile is one where everybody ranks x the first. Comparing these sum measures of all alternatives suggests a reasonable way of electing the winner, viz. the alternative which has the smallest sum. It has been shown by Nitzan that is precisely the Borda winner. This gives us a pretty strong case for using Borda count as a method: it minimizes the democratic deficit when the latter is measured as the distance from consensus. Admittedly, this argument against Condorcet extensions rests to some extent on the definition of the democratic deficit as the difference between collective outcomes and the individual preference rankings. Should one adopt a different approach to describing voter opinions, the conclusion might also be different. We now turn to some ideas, approaches and techniques that have been developed over the past few decades to overcome the difficulties that are associated with democratic deficit. Is it likely that the theoretical and methodological innovations will improve the performance of existing – primarily representative – democracies specifically by reducing the degree of democratic deficit? Our focus will be on innovations in the two target areas: deliberative mechanisms and secret balloting in computer networks. 6 Technical innovations and democratic deficit The first forms of democratic decision making were very different from those observed in contemporary political systems. Especially, the city states of ancient Greece – notably Athens – made extensive use of direct democracy. Moreover, executive offices were typically filled by lot rather than election (Tangian 2014). Over time, however, representative, election-based systems have become the predominant forms of the democratic decision making. In these the population elects a set of representatives who then deal with the issue of public policy, including constitutional development. Several reasons for the emergence of representative systems can be envisioned: with the increasing division of labor and the ensuing complexity of governance, the amount of time and resources required for handling legislative issues as well as the very act of balloting have made it impossible for large segments of the population to engage in direct democracy on a weekly, let alone daily basis. With the advent of modern information processing and communication technology, this practical impossibility is about to vanish. In other words, in developed polities basically all citizens could in principle take part in the making of decisions on a number of issues on a daily basis. Thus, one of the classic reasons for representative decision making has lost some of its significance. Could one then envision a system where all adult citizens would – with the aid of modern IC technology – directly participate in legislation and public policy choice, in general? While no one is seriously proposing a system of governance based solely on direct democracy, it seems clear that 14 such a utopian system would go along way in minimizing the democratic deficit – under the important proviso that the system applied in aggregating the individual ballots is reasonable. This proviso has been discussed above. What we focus on in this section is what kind of opportunities the modern IC technology provides for reducing the democratic deficit and what are the main thus far unsolved challenges. 6.1 Agenda control Regardless of their type (consultative, binding, constitutionally mandatory, etc) the referenda are the main avenue of direct democracy in modern societies (Setälä 1999). The extent of their use varies a great deal from one country to another. It is fair to say that they are nowhere the predominant method of making public decisions, but at best auxiliary devices of popular control over policies and other legislation. Of crucial importance in referenda is the question that is subjected to a vote, i.e. the agenda. Unfortunately, there are no direct ways of assessing the impact of the phrasing of referendum questions to the outcomes, but the rich experimental literature on framing effects on individual choice behavior suggests that this is an issue of considerable importance (Kahneman and Tversky 1979; Quattrone and Tversky 1988; Shafir et al 1989). The order of voting effects, on the other hand, have been given considerable attention in the theoretical social choice literature. The pioneering result in this field is McKelvey’s theorem on intransitivities of majority preference relations in spatial models of voting (McKelvey 1979). As will be recalled, it states that in the absence of a core (a majority undominated alternative), the trajectory of pairwise comparison winners can lead from any point in the policy space to any other point in it, i.e. under myopic voting the majority outcome depends solely on the agenda of pairwise contests. The result assumes that the voter preferences have a continuous utility presentation in the policy space. The conditions under which the spatial voting game core is empty have been studied by Banks, Saari and Schofield (Banks 1995; Saari 1997; Schofield 2008). The main implication of McKelvey’s theorem is thoroughly negative: in the absence of a Condorcet winner-like alternative, the outcomes of pairwise majority voting are basically arbitrary. In particular, they may not even be ‘close to the preferred alternatives of the individuals. In other words, with myopic voting a fully informed agenda-controller essentially determines the outcomes of pairwise majority voting. And yet, at each stage of the process, the winning alternative is majority-preferred to the losing one, i.e. a ‘democratic’ choice in the majoritarian sense. A customary objection raised against the use of referenda is that the voters allegedly use the opportunity to voice their opinions on other matters than the referendum issue, e.g. their opinion about the government or the head of state. While this may, indeed, be the case, the plausibility of 15 this objection is questionable. Firstly, the objection may equally well be used to support referenda so that the voters could signal their opinions on more matters and, therefore, need not take the opportunity to ‘punish’ their government, but rather its policies. Secondly, it is always possible for the voters to cast their votes having something else in mind than the referendum issue. In tactical voting (or – in more technical parlance – manipulation) this happens most of the time in voting by representatives in parliaments. Tactical considerations most certainly enter into the debates (and voting) in parliaments when the referendum issues are being dealt with. In this phase approaches stemming from the deliberative democracy might be useful. After all, deliberative democracy is more about discussing the issues than settling them once and for all (LeDuc 2015, 140). It would thus seem that deliberative bodies would have a useful role to play in the preparations preceding referenda. Another perhaps more technical and conjectural role could be envisaged to deliberative bodies in the process of translating popular opinions into collective decisions bypassing the parliaments: the restriction of the domain of opinions. More than half a century ago Duncan Black introduced the notion of single-peaked preferences (Black 1948) and showed that if the preferences of voters can be represented by single-peaked utility functions, the pairwise majority voting could not end in a cyclic majority preference relation. This result has subsequently been specified and extended in many directions. E.g. Shepsle and Weingast argued that the legislative committee system can under some circumstances act as a mechanism whereby legislative outcomes emerge as structure-induced equilibria as a consequence of the process whereby each committee handles the issues from a single-dimensional perspective (Shepsle and Weingast 1981). Perhaps deliberative bodies could perform similar dimensionality reducing activities as legislative committees thus making the decision alternatives more transparent and manageable. Some evidence to this effect already exists (List et al. 2013). Perhaps they could even transform some opinion distributions into the Condorcet domain (cf. the discussion on Campbell and Kelly’s theorem above). In any event all mechanisms that might curtail the possibilities of agenda manipulation are also devices that make referenda meaningful. As such deliberative institutions are well worth pondering about. 6.2 Elections in computer networks The almost universally declining voting turnouts have prompted ideas to resort to ICT in governance, in general, and elections, in particular. Indeed, some countries – notably Estonia – already resort to electronic voting in computer networks (see www.vvk.ee/voting-methods-in-estonia/engindex/reportsabout-internet-voting-in estonia). Advantages of this are several: the convenience of voters, the speedy determination of election results, the inter16 pretation of the voter’s intention expressed in balloting, the reduced costs in administering the election locales, to name a few. At the same time, there are several weaknesses: the possible exclusion or alienation of voters not used to computers, possibilities of failures due to technical problems (cuts in electricity supply, hardware failures), possibilities of large-scale electoral fraud by hacking the voting system, the possibility of breaches in ballot secrecy. These caveats notwithstanding, it is reasonable to ask if ICT based voting would ameliorate concerns of democratic deficit. Obviously, internet voting makes the act of balloting a lot easier – at least to the computer-savvy voters – than the traditional voting in designated locales at publicly announced times using the equipment at hand there. By the same token, elections and referenda could, technically, be used much more frequently than currently. Hence, the possibilities for resorting to direct democracy would be improved. At the same time, however, new problems arise. To wit, how to combine the results of frequently held referenda into a coherent and consistent policy? The aggregation paradoxes dealt with above can also be viewed as paradoxes pertaining to amalgamation votes on separate issues into public policy. In representative systems it is the task and duty of political parties to present coherent and consistent policy alternatives to voters to be voted upon. The introduction of frequently held policy related referenda would seem to diminish the role of parties as organizers of interests or as agents of interest aggregation, in the preferred parlance of scholars of the structure-functionalist persuasion. So, ICT voting is certainly not a panacea, but it can rectify some shortcomings of existing voting systems. Of particular interest is the possibility for voters to ascertain that their vote has been correctly counted. With modern public-key cryptography methods have been developed to make this possible without sacrificing ballot-secrecy, one of the corner-stones of democracy (Chaum 2004; Nurmi,Salomaa and Santean 1991). Similarly, cancelling and re-casting one’s ballot can be made possible with use of cryptographic protocols. The main obstacle in the way of large-scale adoption of ICTreliant balloting methods is the fact that with internet voting the conditions under which the ballots are cast cannot be supervised by the voting authorities. Hence, there is no way of ascertaining whether the ballots have been cast under morally acceptable circumstances (and not, e.g. at gun-point). The Estonian voting protocols mix traditional voting (paper balloting at supervised locales) with the internet one in the sense that a voter can always cancel his electronic ballot, show up at an election locale and re-cast his ballot. Thereby the incentives for buying votes or forcing voters to vote in a certain way are expected to be eliminated. So, the ICT-based approaches to voting can be of considerable benefit should one wish to engage the electorates in frequent referenda. As such they do not, however, provide any means to counteract one of the most serious drawbacks of referenda, viz. agenda manipulation. It seems that 17 deliberative mechanisms have some potential in curtailing the possibilities of agenda manipulation. The extent that deliberative democracy can be implemented using ICT remains to be seen. Anyway, it is at the intersection of modern ICT and deliberative mechanisms that the most important steps in direct democracy are likely to be taken. 6.3 Elections by sampling Frequent, large-scale opinion polls and surveys are nowadays a common practice in all developed democracies. As far as the election polling is concerned the opinion polls are also becoming increasingly accurate tools to predict the election results.3 So, why not use a random sample of voters instead of the population of active voters as the proxy of ‘demos’ ? This would in a way continue the ancient Greek tradition of selecting the rulers by lot, a tradition that has largely been forgotten over the past two millennia.4 Some recent work aims at reviving the lottery as a method of democratic governance and using a truly random sample of the electorate to determine the election result (Chaum 2015). The main advantage of random sample voting (RSV) is the dramatic reduction of costs of a single election. This enables the arrangement of a large number of elections and/or referenda without increasing the overall expenditure on democratic decision making. Several other advantages are also attributed to RSV. To wit, they provide more incentives to participation than the traditional mass voting. This is due to the fact that the likelihood of an individual voter in determining the election outcome is much higher in a random sample than in the population at large. Similarly, the fact that a random – possibly small – sample of voters determines the outcome of balloting changes the circumstances of election 3 Two recent quite high-profile failures in accuracy should, however, be born in mind: the result of the UK parliamentary election of 2015 and the Greek referendum on the financial package offered by the ‘institutions’ in July of 2015. In the former case, most pollsters predicted a nearly even contest between the Conservative and Labour parties, while the Conservatives in fact defeated Labour hands down. In the latter, the ‘yes’ and ‘no’ sides were estimated to be of roughly equal strength with ‘yes’ the slightly more likely outcome, but in fact ‘no’ gained more than 60% of the votes. The vice-president of World Association of Public Opinion Research, Claire Durant, reports in the context of the Scottish 2014 referendum that there seems to be a tendency that the polls systematically underestimate the support of ‘no’ side due to the fact that persons who do not disclose their opinion are predominantly ‘no’ supporters (Durant 2014). The present author is grateful to Andranik Tangian for reference to Durant’s work. 4 The ancient methods of election and governance are described in detail in (Tangian 2014). In fact, Aristotle considered both lottery and election as democratic methods, provided that the body consisting of all citizens appoint from the set of all citizens by using either of these methods. When some citizens – i.e. a proper subset of all citizens – appoint by lot or by election from the set of all citizens, then the method is oligarchic in Aristotle’s terminology (Aristotle, 100a31). Obviously this terminology has not survived to the present day. Note, however, that Aristotle was not a proponent of democracy, but ‘mixed’ forms of government. 18 campaigning and advertising. To the extent that differences in resources allocated to these activities creates a bias in the results in mass elections, the higher relative cost of a single vote can diminish this bias. RSV also enables the voters to ascertain the integrity of the ballot counting system in a mathematically proven and yet relatively easily understandable manner. Buying votes is made much more costly per vote than in mass election since the voters whose ballots will be counted is not known to the buyers. By the same token the coercion of voters is made far more difficult than in mass elections. These are the main advantages of the RSV when compared with mass elections. For details, see (Chaum 2015). To an extent RSV only extends the practice of opinion polls and surveys to a new level, viz. the collectively binding decisions. The main hurdle in its adoption will no doubt be the perceived legitimacy. Is the electorate willing to accept as legitimate the outcomes determined on the basis of finding out the opinion of a small subset of it? Are people willing to play a part in elections where it is not certain that their vote will be taken into account in determining the outcome? This remains to be seen. For the purposes of this paper RSV has a lot of potential in reducing the democratic deficit. This is mainly due the possibility of conducting a large number of elections that reliably reflect the opinions of the electorate on a large number of issues. At the same time, the consistency and coherence of policies chosen is not guaranteed. Also the possibilities of agenda control remain. 7 Conclusion Democratic deficit is a somewhat loosely defined concept, but in this paper it refers to a discrepancy between collective decisions and individual opinions. In the preceding we have argued that equating the will of the people with the will of the majority of people aggravates the democratic deficit. As is known from Condorcet’s paradox, majority may be endowed with a ‘will’ that is not even structurally similar to the will of any individual in the group. Majority rule is, nonetheless, a clearly definable and often used method for teasing out the will of the people. We have seen that – in contrast to a common opinion – it may lead to paradoxes already in two-alternative contexts. From the viewpoint of democratic deficit minimization it is important to note that its extension to multi-alternative settings, the Condorcet extension methods, may end up with alternatives that maximize the democratic deficit in the sense of producing choices that are most preferred by no one in the electorate. This suggests that perhaps positional methods could be more useful in an effort to minimize the democratic deficit of outcomes. The distance-based definition of the Borda count suggests a solution to the deficit minimization problem: select as the collective choice the alternative that can be made unanimously first-ranked with a smallest number of individual preference 19 switches of adjacent alternatives. If the manipulability of the Borda count is viewed unacceptable, one could suggest Kemeny’s rule which – given the reported individual preference ranking – determines the closest unanimous ranking obtainable from the reported rankings with the smallest number of preference switches between adjacent alternatives. As the result of Campbell and Kelly shows, this would guarantee non-manipulability in Condorcet domains. As a drawback this method is afflicted by all those undesirable properties that characterize Condorcet extensions (including the vulnerability to the no-show paradox). So, our search for a unique democratic deficit minimizing method turned out to be inconclusive. 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