Ch 4.7 | 💥Unrigging the system

The solutions addressed in this section are not meant to be exhaustive. Different issues will be more prominent at different times and to different people. But that said, there is an overwhelming sense that neither party seems to be doing much about any of these problems. Instead of working on real solutions, our politicians spend their time and our national resources distracting and dividing us by using every tool at their disposal to retain power.

Throughout Fairness Matters, I’ve demonstrated that politicians and the media have fanned the flames of discord and weaponized fear and hate to divide us and ensure they remain in power at all costs. The Democratic Party, the GOP and the financial interests that fund them have rigged the system to maintain the status quo, ensure our duopolistic system retains power and marginalize the silent majority. 

We are facing enormous challenges as a result of a lack of fairness and inequality combined with failed monetary and education policies. We face an existential crisis as a country. Our news media has become a propaganda machine driven by pageviews, clicks, ratings and viewership. They have taken the old adage that “if it bleeds it ledes” to a new level. Social media has amplified the problem a hundredfold. 

We face complex issues, from immigration to the national debt, from Social Security, to education, from gun violence to climate change and the culture war, from foreign policy to restoring a vibrant middle class by ensuring economic outcomes are more balanced and equitable.

Do you still believe in the American dream? Do you believe every American should have an equal opportunity to participate in that dream? Do you believe that our greatest strengths as a nation — our moral center — are our "liberal" ideals and our diversity? 

In order to solve these herculean challenges, we need to reform the system to ensure that the silent majority have a voice. If we can, I am confident our system will become more fair and we will start to return to proportional representation that gives voice to common sense. If we can start to curtail the power that political parties wield to divide us, we can work together to solve the challenges we face.

It's time to set aside our partisan politics and focus on enacting nonpartisan systemic reforms designed to address some of the fundamental challenges.

👍The solution(s)

All of this seems daunting. And while there is no magic wand we can waive or any panaceas that will fix the problem overnight, there is a growing consensus that a combination of open primaries and ranked-choice voting (also called instant runoff elections) will ensure the system self-corrects over time. Here's how the thinking goes.

Adopt open, nonpartisan primaries 

Let's start with this data from Unite America:

States can adopt nonpartisan primaries — as already used for presidential elections in California, Louisiana, Nebraska, Washington and most recently Alaska — that allow all voters to participate in a single primary with all candidates on the same ballot. The top finishers advance to the general election, where whoever earns majority support wins. “Nonpartisan primaries give every voter an equal voice, have higher voter participation rates, produce more representative outcomes, and improve governing incentives by ensuring elected leaders are accountable to a broader swath of the electorate,” said Jeanelle Lust of South Dakota Open Primaries.

Recent research from the University of Southern California shows that lawmakers elected in states with top-two primaries are less likely to cast extreme ideological votes on legislation and that, among new members of Congress elected between 2003-2018, those elected in top-two nonpartisan primaries were more than 18 percentage points less extreme than those elected in closed partisan primaries. Quoting Christian Grose in the Journal of Political Institutions and Political Economy in his report "Reducing Legislative Polarization: Top-Two and Open Primaries Are Associated with More Moderate Legislators":

Partisan polarization in Congress is at its highest levels in more than 100 years. Political reformers advocate for changes to electoral institutions in order to reduce legislative ideological extremity, yet political scientists have been surprisingly skeptical that changes to primary nomination systems affect legislator ideology. I theorize that electoral systems shape legislator ideology. The top-two primary — used in just under one-fifth of all U.S. House elections — incentivizes legislators to moderate. Empirically, I rely on exoge- nous changes in the introduction and withdrawal of the top-two primary due to ballot proposition or in response to court cases, and examine legislator ideological extremity from 2003 to 2018. The top-two primary has reduced ideological extremity among legislators, relative to those elected in closed primary systems. Legislators elected in open primaries also show some evidence of attenuated extremity. This ideological moderation in top-two and open primaries is found among both incumbents and newly elected legislators.

Voters in South Dakota will have the opportunity, via a ballot question, to switch to nonpartisan primaries when they vote this fall.

🛑 End plurality voting

There’s no question that we must end plurality voting. But which system to implement is an open question.

In 2022, Nevada voters approved Question 3, which proposed replacing party primaries with a single nonpartisan blanket primary where the top five candidates would advance to a general election that uses ranked-choice voting. Because the proposal modifies the Nevada Constitution, it will have to be reapproved by Nevada voters in 2024 before it can take effect. If it is reapproved, the system would take effect for the 2026 election cycle and be used for all state and federal except president and vice president.

Whether it's top-two (California & Washington), final four (Alaska) or final five (Nevada), it is a huge improvement over what the rest of us are forced to use.

Ranked-choice voting is gaining traction

Most experts seem to agree that RCV, which is used for state primaries and all federal elections in Maine; and for state, congressional, and presidential general elections in Alaska is the most viable and fair alternative. In addition to those two states, RCV is used for local elections in 47 cities including New York, Salt Lake City, Seattle and Cambridge, to name a few. It is also used by the Virginia, Utah, and Indiana Republican parties in state conventions and primaries. 

RCV is gaining traction in red and blue states.

In Oregon, the Legislature — acting in a bipartisan fashion — referred an initiative to the ballot in 2024 that would implement instant runoffs for both primary and general elections, which is a step towards the Alaska-style system. Advocates are working to secure a ballot position in Idaho for an initiative that would replace the state’s partisan primaries with a top-four nonpartisan primary system with an RCV general election. If passed, it would be used for congressional, state and county elections.

We're also looking at legislative campaigns, in states like New Mexico and Pennsylvania, where there are efforts to open their closed primaries to independent voters, which would enfranchise over a million voters ahead of the next election. Georgia and Virginia are working to implement instant runoffs. In Georgia, that would replace very costly runoff elections which cost a lot of money and depress voter turnout. 

A bipartisan bill recently introduced in the Wisconsin Legislature would enact final-five voting for state elections. Next year’s mayoral election in Burlington, Vt., will be conducted using ranked-choice voting. 

Of course, there are additional reforms being proposed such as proportional representation, and nonpartisan redistricting.

Alaska's model was based on Gehl and Porter's work however used a Final-Four methodology. In 2019, the nonprofit Alaskans for Better Elections ran a ballot initiative successfully in 2020 which implemented the country's first top-four primary and instant-runoff general election.

A case study: Alaska

Alaska’s final-four voting system combines a top-four nonpartisan primary with ranked-choice voting in general elections. It’s an improvement over top-two primaries because it increases competition and levels the playing field for candidates outside the major parties by eliminating the “spoiler” effect. While it’s early, the new system has already become a national model for election reform. 

As Scott Kendall, who authored, litigated and advised the successful ballot measure campaign to improve Alaska’s statewide election system said: 

So here’s the good news: You can do this too. You can make your elections competitive and more diverse. In states across the country, it’s starting to happen, with nascent reform movements forming that follow in Alaska’s footsteps.

Alaska's new system was used for the first time in 2022, and as a result Alaska had its highest primary turnout since 2014. It had more candidates running for each seat, and therefore more competitive elections than they ever before. And voters elected candidates who best represented the electorate. For the statewide offices, that included a moderate Democrat, Mary Peltola, who beat Sarah Palin for the state’s House seat. It included a moderate Republican, Sen. Lisa Murkowski, who fought off a primary challenge. And it included a conservative, Trump-backed Gov. Mike Dunleavy, who most Alaskans think is doing a good job. Clearly, RCV did not have a partisan impact, as some opponents claim. In fact, it was party-neutral. 

But, more importantly, candidates were able to build broader coalitions than they would have by just pandering to the base of their party. Moreover, Alaskans now have a state Legislature with bipartisan governing majorities chambers, meaning Democrats, Republicans and independents are working together rather than a single party controlling the agenda and the outcomes. 

These reforms are not only viable and have voters’ support — they improve democracy. 

Unite America has polled Alaskans to see what they thought of the new system and found:

62% said they supported the new top-four primary, and close to 90% said they found it was simple to vote in the instant-runoff general election using the ranked-choice ballot.

Some of the politicians who, in the past, only needed to win support from 10% of the electorate, not the majority, did not like it when they lost their elections. A couple of those politicians, including Sarah Palin and Kelly Shubaka, have gone on to now try to repeal the reform. They were unsuccessful in doing so in the legislature. A majority of state legislators stood behind the reform that a majority of voters adopted.

Here is a great discussion on the Alaskan model, particularly Peltola’s comments around minute 17:

Turning to rank choice, people have talked a lot about how it makes for more civil and respectful elections, as every candidate is encouraged to, is incentivized to pursue more voters from across the political spectrum. I certainly saw this first hand. The candidates who won were the candidates who stayed above the fray and didn't engage in personal attacks. These victories also rebut the claim that RCV is a liberal scheme. Alaska elected a moderate Democrat to the house, a moderate Republican to the U.S. Senate and one of the most conservative governors in the nation all using the same system. Today, we're all working together on a variety of issues that affect our state, each bringing our own perspective and together representing a much broader range of Alaskans than ever before. 

So how does RCV work? Watch this video.

In states with modernized electoral systems, lawmakers have been willing to defy their party leaders and to run campaigns designed to attract independents and moderate voters from both parties.

We need systemic reform

Absent reform it will become harder and harder to elect representatives who demonstrate common sense and break from the extreme partisanship that is tearing our country apart. This is a topic well covered by Katherine Gehl:

The "broken" US political system is actually working exactly as designed. Examining the system through a nonpartisan lens, she makes the case for voting innovations, already implemented in parts of the country, that give citizens more choice and incentivize politicians to work towards progress and solutions instead of just reelection.

The research report "Five Strategies to Support U.S. Democracy" references some of my strategies, and even though it argues that this approach is “insufficient” I’m still happy to get my thoughts on paper and share them with you.

American democracy is at a dangerous inflection point. The moment requires a step-change in strategy and support. Without such momentum, the country faces a democratic setback potentially as serious as the ones already occurring in India and Hungary (both now ranked only “partially free” by Freedom House) and the nearly one-hundred-year reversal that occurred following America’s Reconstruction era.

Any goal to upend the system, buck precedent, and break down the extraordinary power of the Republican and Democratic establishments is not something that could possibly happen without courage and risk.

It's also important to note that these reforms do not favor one party over another. For example, consider Cambridge University’s article “Why Donald Trump Should Be a Fervent Advocate of Using Ranked-Choice Voting in 2024." 

The motivation for this article is to provide contrary evidence for two main misconceptions. First, that third-party candidates are “spoiling” elections for the Democrats. Our evidence clearly shows that third parties have the potential to hurt either of the two main parties; however, in 2020, it was Donald Trump who was hurt the most, although not consequentially. Second, some reformers believe that ranked-choice voting benefits the Democrats; again, we show that—all else being equal—in the 2020 presidential election, it was the Republicans who would have benefited by the change in rules because the majority of third-party votes went to the Libertarian candidate, whose voters prefer Republicans over Democrats 60% to 32%.

And here is Kevin R. Kosar of the conservative American Enterprise Institute, writing under the headline "Conservatives Should Look More Closely at Systematic Election Reforms."

So do not concern yourself with partisan politics in considering this agenda. That is what the parties will assert to convince you to vote against your own personal interests! At almost every level of government, progress and civility has been thwarted by partisan actors who work for political parties instead of the people. It’s time to end the divisiveness. Combining open primaries with ranked-choice voting does not favor either party but it does give a voice back to the silent majority in the middle.

There are some incredible organizations working on rebalancing the scales. I’d encourage each and every one of you to learn more about them and get involved. If you don’t want to actively engage, then please donate to these amazing organizations! 

• RepresentUs. As described on its website: “RepresentUs is America’s leading nonpartisan anti-corruption organization fighting to fix our broken and ineffective government. We unite people across the political spectrum to pass laws that hold corrupt politicians accountable, defeat special interests, and force the government to meet the needs of the American people.” Its primary goals are to create independent committees to end gerrymandering, spread the use of ranked-choice voting and nonpartisan primaries; and pass ethics and campaign finance laws.

• Unite America. According to its website: “Unite America is a movement of Democrats, Republicans, and independents working to bridge the growing partisan divide and foster a more representative and functional government. We’re focused on scaling and accelerating the movement to put voters first, and ensure that the right leaders have the right incentives to solve our country’s greatest problems. Through the Unite America Fund, we leverage our nonpartisan donor community to invest in the reform movement like never before. Unite America has an actionable strategy, principled vision, and passionate team. Together, they power our movement to transform American politics. Through the Unite America Fund, we invest in nonpartisan electoral reform campaigns so that the right leaders have the right incentives to solve our country's greatest problems.” As Executive Director Nick Troiano explained, UA is using a private equity model to the not-for-profit.

• American Promise. This organization believes America has a big problem with dark money in politics. This is the one issue 86% of Americans, regardless of party, agree on. Yes, you read that correctly — 86%! According to its website: “American Promise unites Americans to win the For Our Freedom Amendment to secure elections and government for we the people—not big money, not corporations, not unions, not shadowy super PACs and special interests.” Here’s what it says the amendment would do.

• Protect Democracy. As described on its website: “Protect Democracy is a cross-ideological nonprofit group dedicated to defeating the authoritarian threat, building more resilient democratic institutions, and protecting our freedom and liberal democracy. Our experts and advocates use litigation, legislative and communications strategies, technology, research, and analysis to stand up for free and fair elections, the rule of law, fact-based debate, and a better democracy for future generations.”

• There are other great groups like Veterans for Political Innovation, Represent Women, Open Primaries, FairVote and Rank the Vote.

All of these groups are building grassroots infrastructure to support these efforts around the country as we work to build a democracy where voters come first.

I have been fortunate to have met the incredibly selfless and dedicated individuals who lead these organizations. I’d be thrilled to connect you with the leadership of any of these groups if you are interested in joining me in trying to change the course we’re on and make the structural changes necessary to ensure we return fairness and proportionate representation to our great country. Drop a comment below if you want to connect.

We have the opportunity to break the cycle, to move beyond the status quo and to champion the voices of those who've been left out of the partisan conversation.

All of this has given me renewed hope for America! More importantly, it’s motivated me to get involved to try to make a difference by working together to make change possible.

To me, it’s become simple math. If we are unwilling to get involved and band together to put our partisan politics aside in order to retake our country, we will have no choice but to vote with our feet, abandon the ideals that set America apart from the despots who run much of the world and let them finish what they started. 

Personally, I’d prefer the former because, as I was recently reminded, cartoonist DR Fitzpatrick was right in 1953:

As goes America, so goes the world.

Let me end with some social commentary from Bill Maher. He ends where I began Fairness Matters:

The battle for the soul of this country is not right or left. It's normal vs. crazy.

Amen, Bill!