Proposed MMP ballot initiative in Colorado

[Olli Salmi]

Not bad. The voters have some say over the party list so I think this is
better than the New Zealand system. I have a couple of questions:

>(7) Party seat allocation shall be determined by the largest remainder
>formula.

Why do you use the largest remainder method? It produces erratic results.
Why not use Sainte-Lague/Webster?
http://www.barnsdle.demon.co.uk/vote/appor.html

>(9) The slate ballots of each party list shall be credited to the first
>candidates on the list, just enough to each, to bring his or her total up
>to the party seat allocation threshold.

Candidates who poll at least the quota (=party seat allocation threshold)
are elected. The rest of the seats go to the the top names on the party
lists. Have I understood correctly?

I would let the personal ballots decide the order of election.

Olli Salmi

>On Wed, 15 Apr 1998, New Democracy wrote:
>
>> Gary,
>>
>>      May we see a copy of your proposed MMP ballot initiative for Colorado?
>>
>> Thank you
>>
>> Donald
>
>Sure. This should be correct. However, there is a small amount of
>strikeout text which will not appear as such in this format.
>
>The 1998 effort will most likely be a trial run for the 1999-2000
>election cycle. Another possible option for 1999-2000 would be an
>STV-list system, based on what I would call "Hallett's Second Best
>Method." I have not yet drafted an update of George Hallett's proposed
>STV-list system from the 1920s. Hallett advocated regular STV, but
>suggested an alternative system (second best, in his view) using STV as
>the mechanism for an open list system. I think Hallett's second choice
>would be my first choice, but MMP is a compromise which preserves some
>district representation.
>
>I also have a ten page legislative council staff review and comment
>document from the first official hearing on the CO MMP proposal, if you or
>anyone else would like a copy. I can mail it, or email it, though I lost
>some text in my first upload attempt.
>
>Best wishes,
>
>Gary
>-------------------------------------------------------------------
>
>Proposed initiative concerning election of the General Assembly by
>mixed-member proportional representation
>
>Be It Enacted by the People of the State of Colorado:
>
>SECTION 1.  Section 2, and section 3 (1), and section 46, Article V of the
>Constitution of the State of Colorado, ARE REPEALED AND REENACTED to read:
>
>Section 2. General assembly - general assembly elected by mixed-member
>proportional representation - members - party lists - ballots - oath ‚
>vacancies.
>
>(1) A general election for members of the general assembly shall be held
>on the first Tuesday after the first Monday in November in each
>even‚numbered year, at such places in each county as now are or hereafter
>may be provided by law.
>
>(2) The general assembly shall be elected by mixed-member proportional
>representation.
>
>(3) Commencing after January 1, 2001, the general assembly shall consist
>of not less than thirty-five members of the senate and not less than
>sixty‚five members of the house of representatives. Fifteen senators shall
>be elected from districts and not less than twenty senators shall be
>elected at-large by a proportional method by the electors of the entire
>state. Thirty representatives shall be elected from districts and not less
>than thirty-five representatives shall be elected at-large by a
>proportional method by the electors of the entire state. One member of the
>senate and one member of the house of representatives shall be elected
>from each senatorial district and each representative district,
>respectively.
>
>(4) Each political party shall be represented on the ballot by a slate of
>candidates and alternates known as the party list. General election
>ballots for each house of the general assembly shall enable each voter to
>cast two votes, the first for one of the candidates in his or her
>district, the second for one of the party lists or for an individual
>candidate within a party list, or for an independent candidate to be
>elected at-large. Votes cast for an individual within a party list shall
>also count as a vote for the party list itself, for the purpose of
>determining the number of seats to be awarded to each party. A candidate
>who is nominated for a district may also be nominated for a party list for
>the same house. The second votes cast for the party lists are counted and
>the seats distributed among the parties in proportion to the number of
>votes given for their list in accordance with the largest remainder method
>of calculation. The number of district seats obtained by the parties is
>then deducted from the number of party seats established by the largest
>remainder method and the remainder given to the party list candidates in
>the order in which they are ranked by the party or by the voters.
>Candidates elected to the general assembly on a district vote are no
>longer considered as list candidates.  A party may find itself with what
>are known as "overhang" seats if it has obtained more district seats on
>the basis of first votes than it is entitled to according to the result of
>the calculation based on the second votes.  If there are overhang seats in
>either house of the general assembly, the total number of members elected
>to that house shall be increased by the number of overhang seats.
>
>(5) Each political party shall establish its party list no later than 84
>days prior to the general election by a primary, convention, nominating
>petition, or other candidate selection process to be established by law.
>Each political party may submit one party list for each house of the
>general assembly per general election. A party list may contain up to
>thirty-five candidates for the house of representatives or up to twenty
>candidates for the senate and any number of alternates to fill positions
>vacated by candidates. Each political party shall rank its candidates and
>alternates on its party list in order of preference. An independent
>candidate may be nominated for a party list seat by a petition signed by
>at least two hundred registered electors of the state, or may be nominated
>for a district seat by a petition signed by at least two hundred
>registered electors of the district. No candidate may be nominated for
>party lists of more than one party or more than one house of the general
>assembly. The general assembly may establish minimum qualifications for
>the nomination of candidates and alternates.
>
>(6) The total number of valid second votes cast for party lists in an
>election for the house of representatives shall be divided by sixty-five.
>The total number of valid votes cast for party lists in an election for
>the senate shall be divided by thirty-five. That result is the initial
>threshold for each house.  Each party or independent candidate not
>receiving votes equal to or exceeding the initial threshold shall not be
>awarded any seats, and the votes for these parties and candidates shall be
>eliminated from further consideration.  Each independent candidate
>receiving a number of votes equal to or exceeding the initial threshold
>shall be allocated one seat, and the votes for each of these candidates
>shall be eliminated from further consideration. The party seat allocation
>threshold shall then be established by dividing the total number of valid
>votes cast for party lists which equaled or exceeded the initial threshold
>by the total number of seats remaining to be filled after seats have been
>allocated to independent candidates.
>
>(7) Party seat allocation shall be determined by the largest remainder
>formula. The total number of valid votes cast for each remaining party
>shall be divided by the party seat allocation threshold to determine the
>initial number of seats to be awarded each political party. Each political
>party shall then be awarded the greatest whole number of seats determined
>by the party allocation threshold.  Valid votes cast for each political
>party which do not result in whole numbers when divided by the seat
>allocation threshold are considered remainder votes and will be used for
>allocating remaining unfilled seats, if any exist. The process shall begin
>by awarding one seat to the political party with the highest number of
>remainder votes and shall continue, if necessary, by awarding one seat to
>each successive party, in descending order of remainder votes, until all
>seats are filled.
>
>(8) After the number of seats won by each political party has been
>determined, the party list ballots cast for each party shall be sorted
>into slate ballots and personal ballots. A "slate ballot" is a ballot
>marked for a party list and not marked for any candidate individually. A
>"personal ballot" is a ballot marked for an individual candidate within a
>party list.
>
>(9) The slate ballots of each party list shall be credited to the first
>candidates on the list, just enough to each, to bring his or her total up
>to the party seat allocation threshold. Every candidate who thus reaches
>the party seat allocation threshold shall be declared elected. Remaining
>slate ballots shall be credited to the next listed candidate.
>
>(10) The personal ballots shall next be sorted, and shall each be credited
>to the unelected candidate preferred on it to all others. If the
>individual candidate marked by the voter has already been elected, the
>ballot shall be credited to the next-ranked unelected candidate on the
>party list. Every candidate who thus reaches the party seat allocation
>threshold shall be declared elected, and any ballots in excess of the
>party seat allocation threshold shall be credited to the next-ranked
>unelected candidate on the party list. Any remaining unfilled seats
>allocated to a party list shall be awarded to each succeeding list
>candidate credited with largest number of remainder votes, until all seats
>are filled.
>
>(11) Each member of the general assembly, before entering upon official
>duties, shall take an oath or affirmation to support the constitution of
>the United States and of the state of Colorado and to faithfully perform
>the duties of office according to the best of her or his ability.  This
>oath or affirmation shall be administered in the chamber of the house to
>which the member has been elected.
>
>(12) Any seat vacated by a party list member by reason of death,
>resignation, or otherwise shall be filled by the next candidate or
>alternate on the same party list who does not already hold a seat, unless
>that person no longer meets the qualifications established by law. If a
>party is allocated more seats in either house than the number of
>candidates and alternates contained on its party list for that house, a
>vacancy shall be created.  Any vacancy in the office of a district member
>or party list member for which no candidate or alternate on the same party
>list remains available, shall be filled in the manner prescribed by law. A
>person appointed to fill a vacancy for a district seat or a party list
>seat shall be a member of the same political party, if any, which
>nominated the person whose termination of membership in the general
>assembly created the vacancy.
>
>Section 3. Terms of representatives and senators.
>
>(1) Representatives shall be elected for the term of two years. The
>senators elected in 1998 shall serve for a term of two years. Commencing
>with the general election in 2000, all senators shall be elected
>concurrently for the term of four years.
>
>Section 46. Representative and senatorial districts. The state shall be
>divided into thirty representative districts and fifteen senatorial
>districts. Each district of each house shall have a population as nearly
>equal as may be, as required by the constitution of the United States, but
>in no event shall there be more than five percent deviation between the
>most populous and the least populous district.
>
>SECTION 2.  Section 4, and section 48 (1)(a) and (1)(b) and (1)(e),
>Article V of the Constitution of the State of Colorado, ARE AMENDED to
>read:
>
>Section 4.  Qualifications of members. No person shall be a representative
>or senator who shall not have attained the age of twenty-five years, who
>shall not for at least twelve months next preceding his OR HER election,
>have resided within the territory included in the limits of the county or
>district , IF ANY, in which he OR SHE shall be chosen; provided, that any
>person who at the time of the adoption of this constitution, was a
>qualified elector under the territorial laws, shall be eligible to the
>first general assembly.
>
>Section 48. Revision and alteration of districts ‚ reapportionment
>commission.
>
>(1) (a) After each federal census of the United States, AND IN 1999, the
>general assembly districts shall be established, revised, or altered, and
>the DISTRICT members of the senate and the house of representatives
>apportioned among them, by a Colorado reapportionment commission
>consisting of eleven members, to be appointed and having the
>qualifications as prescribed in this section.  Of such members, four shall
>be appointed by the legislative department, three by the executive
>department, and four by the judicial department of the state.
>
>(b) The legislative members shall be the speaker of the house of
>representatives, the minority leader of the house of representatives, and
>the majority and minority leaders of the senate, or the designee of any
>such officer to serve in her or his stead, which acceptance of service or
>designation shall be made no later than July 1 of the year following that
>in which the federal census is taken, AND IN 1999. The three executive
>members shall be appointed by the governor between July 1 and July 10 of
>such year, and the four judicial members shall be appointed by the chief
>justice of the Colorado supreme court between July 10 and July 20 of such
>year.
>
>(e) Within ninety days after the commission has been convened or the
>necessary census data are available, whichever is later, the commission
>shall publish a preliminary plan for reapportionment of the DISTRICT
>members of the general assembly and shall hold public hearings thereon in
>several places throughout the state within forty‚five days after the date
>of such publication. Within forty‚five days after the completion of such
>hearings, the commission shall finalize its plan and submit the same to
>the Colorado supreme court for review and determination as to compliance
>with sections 46 and 47 of this article. Such review and determination
>shall take precedence over other matters before the court.  The supreme
>court shall adopt rules for such proceehe plan or return the plan and the
>court's reasons for disapproval to the commission.  If the plan is
>returned, the commission shall revise and modify it to conform to the
>court's requirements and resubmit the plan to the court w secretary of
>state for implementation no later than March 15 of the second year
>following the year in which the census was taken AND IN THE YEAR 2000. The
>commission shall keep a public record of all the proceedings of the
>commission and shall be responsiArticle V of the Constitution of the State
>of Colorado, ARE REPEALED:
>
>Section 5. Classification of senators. The senate shall be divided so that
>one‚half of the senators, as nearly as practicable, may be chosen
>biennially.
>
>Section 45. General assembly. The general assembly shall consisbe elected
>from each senatorial and each representative district, respectively.
>
>SECTION 4.
>
>(1) This measure shall become effective and implementation shall begin on
>January 1, 1999. The general assembly shall be elected by mixed-member
>proportional rmmediately following approval.
>
>(2) If any part of this subsection is declared unconstitutional by a court
>of competent jurisdiction, the remaining parts shall survive in full force
>and effect. If a conflict arises between this amendment and any other
>provision of law, the policies and purposes of this amendment shall
>govern.ppropriate legislation.
>
>[END]
>
>Proponents:
>
>Gary Swing						James Harrington
>2223 E. 21st Avenue #2					375 S. 40th Street
>Denver, CO 80205					Boulder, CO 80303
>Phone: (303) 545-5041