[David Schleicher, guest-blogging, December 10, 2008 at 11:47am] Trackbacks
Why Is There No Partisan Competition in City Council Elections? An Election Law Model

In my paper, I argue that the lack of competition in city council elections can only be explained by understanding the laws governing local elections and how they interact with voter behavior. I develop a model to explain the story.

(For those of you interested in the provenance of the thinking, the model is derived from two-stage entry models used to study tying in antitrust, and the general approach follows the “Politics as Markets” approach to studying election law rooted in the work of Rick Pildes and Sam Issacharoff).

Here’s the basic concept: Assume that there are both national and local elections in a city and that both elections use first-past the post/single member district systems (this is true almost all American cities at this point). Next, assume my last post was right. People have at least different preferences about local issues than they do about national issues. That is, members of national parties do not form strongly coherent blocks at the local level – they could not agree on a common local platform. Party can explain a little about local preferences, but not much more than that.

Given these basic assumptions, the ordinary assumptions of a Downsian model would suggest that two separate party systems would develop – Republicans and Democrats would contest national elections and either two different parties would contest local ones or the Democrats and Republicans would change their positions on local issues to become competitive at the local level. The question is why this doesn’t happen.

To explain, I need to make some assumptions about voters and to incorporate a series of common state, federal and constitutional laws. The two assumptions are that voters care more about national issues than local issues when making party identification decisions. and that individual city council races are low-salience – voters have little to no independent knowledge about city council candidates. There is substantial evidence backing up both of these assumptions (look in the paper if you’re interested ).

The laws are what I call the unitary party rules:

1. National Parties automatically receive ballot places in local elections, usually on the basis of how well they do in gubernatorial races.

2. States and political parties make it difficult to change parties between elections – there are laws limiting the ability of voters to switch parties and still vote in primaries (for a period of time), and strong limits on the ability of candidates and activists to switch parties between elections.

3. As a matter of Constitutional law, national political parties have the right to participate and use their organizational and financial muscle in local elections (even if the elections are non-partisan).

4. Primary elections are used to select candidates.

Under these laws and the assumptions above, you can see why there is no partisan competition in local elections.

In the first instance, the vote in local elections will directly track the vote in national elections. Voters with little information will use the information that the law provides to them – the party name on the ballot. If “Republican” and “Democrat” provide a non-zero amount of information about a candidate, a voter with no other information (by assumption) about the candidate will rationally use the national party heuristic to vote.

The question is why the minority local party doesn’t modify its issue stances to become popular at the local level. By assumption, the only way it could do this is if it did so on a city-wide level – individual candidates can’t get enough attention. But using primary elections makes this impossible. Local party members don’t have consistent preferences and the result is candidates that are all over the map on local issues. Further, they will have trouble attracting candidates and activists from the majority, as those candidates and activists (as well as the representative local voters who they’d have to attract to have primaries among a local issue preference-consistent group) would not choose to join the local minority party in local elections because they care more about national elections and don’t want to be penalized.

This is an inefficient outcome – local elections end up not having competition and hence don’t end up with representative results. The question then is why is there not entry?

The assumptions and laws show that there are substantial barriers to entry. A local only third party cannot attract adherents, because people care more national issues than local ones and won’t abandon their national party to contest local elections. Further, they face the ordinary limits on third parties – Duverger’s Law and the organizational muscle of the national parties. Under the model, the only way a local-only third party could get adherents is by competing in national elections as well as local elections, but national elections aren’t uncompetitive. So there is no entry and no competition

The model is a bit dry, but perhaps it can be explained through a story. This is from my paper…

The dramatic effect of the lack of information on local city council elections can be seen if one considers the case of New York City's Councilmanic District Five on the Upper East Side of Manhattan. In the 2001 local election, Gifford Miller, a powerful and well-known Democratic incumbent who directly after the election would become Speaker of the City Council, faced a relatively unknown candidate named Robert Strougo. Not surprisingly, Miller won 68 percent of the vote to Strougo's 31 percent, neatly tracking the 2-1 dominance of Democrats in the district.

In 2005, a perfect storm of factors lined up to reverse this result. First, Miller could not run for reelection because of term limits. His aide, Jessica Lappin, who had never run for public office before, was the Democratic candidate. Second, Republican Mayor Michael Bloomberg reached new heights of popularity, particularly on the Upper East Side (he would end up winning 59 percent of the citywide vote and more than 80 percent of the vote on the Upper East Side). In District Five, the Republicans nominated Joel Zinberg, a former Democrat, cancer surgeon and Yale-educated lawyer, who built his candidacy around Bloomberg's popularity, declaring his goal as furthering the Mayor's agenda. The New York Times and the New York Post endorsed Zinberg, as did Bloomberg. In the face of this, Lappin's campaign simply sounded a single theme. When asked by a local paper what differentiated the candidates, she responded, "I'm a Democrat. I mean, that's sort of the most obvious difference between us... He's a Republican, and I'm proud to be a Democrat, and I think that certainly distinguishes us."

The result of the election was a near carbon copy of the 2001 race: Lappin received 65 percent of the vote to Zinberg's 35 percent. Thus, in a district which a Republican mayor won 80 percent of the vote, the Republican city council candidate devoted to exactly the same platform as the Mayor only won 35 percent, despite being endorsed by the mayor and the major newspaper and facing a political neophyte. The only factor that mattered was the 2-1 advantage Democrats had in registration.

The story of Joel Zinberg is the story of all city council candidates: what they say and who they are matter very little to those who will vote for them. It is their party status and the popularity of that party at the national level that defines them.

PatHMV (mail) (www):
I don't know that New York politics is a stand-in for all local politics. I would expect major differences based on the size of the municipality, if nothing else.

Have you considered carefully the "what's in it for me" effect? Historically, it was the job of the local ward captains to make sure their party's supporters got patronage, got their streets cleaned better, their garbage picked up more regularly, their potholes fixed faster. That system is lesser now, in most places, but still exists to some extent. Thus, the Lappin-Zinberg outcome may reflect simply that the local voters know that if they vote with that particular party, since it enjoys dominance in most municipal affairs notwithstanding the mayor's nominal political affiliation, they will continue to receive the same favorable treatment they have always previously received.

I'm afraid I still think you're reaching for a complicated answer (ballot access, etc.) when the reality is much simpler. For one, regardless of what some survey shows, the odds of a voter knowing someone who either personally knows the mayor or councilman or has received some benefit directly due to the mayor or councilman's assistance is significantly higher than the odds of the voter knowing or directly benefiting from an action of a Congressman or Senator, or even a state legislator. The voter may or may not know more about local issues generally (most voters know very little about any issues, frankly), but he's more likely to hear friends who have personal experience with a candidate, and that personal experience goes a very long way in influencing votes.

I haven't a clue what the political affiliations of most of the councilmen in my city are. The ones I do know, I know mostly because they have at some point run for a state or federal office. My vote is generally based on personal reports of who is or isn't likely a crook, or whether they've taken a position on a notable local issue, like allowing sidewalk cafes in town to serve alcohol outside. We have a mayor who is a black Democrat, but who was supported by many Republicans over his predecessor, a white Republican. That result was due entirely to differences on local issues and battles between different areas of the city/parish.

Perhaps you should limit your theory to city council races in massive metropolitan areas; I don't see anything yet which convinces me you research offers much insight into races in smaller municipalities.
12.10.2008 12:21pm
JustSomeGuy:
Interestingly, wouldn't the non-representative aspect of new york politics (i.e., diversity and size) push for partisan competition, not against?
12.10.2008 12:33pm
karrde (mail) (www):
One small detail....

I don't know if the State of Michigan registers voters by Party, or asks if they have registered themselves to a Party. Many voters do have a party registration listed in the Qualified Voter List.

However, during Primary elections in Michigan, any voter can choose a Party to vote within. Their ballot is only invalid only if they attempt to vote in both Party elections during the Primary. This seems to make assertion #2 invalid, at least in Michigan.

I don't know how this changes your analysis, but I do know that one party dominates politics in the city of Grand Rapids, MI, and an opposing party dominates politics in Detroit, MI. This is usually linked to the distinctive cultures of the cities, and the way in which the distinctive culture causes people to associate with various political Parties.
12.10.2008 12:55pm
18 USC 1030 (mail):
First of all, I agree with PATHMV, to the extent that he says you are trying to over-complicate the answer. I think he is right to mention the historical impact of patronage jobs, however I'd add another issue: MONEY. In regions that have a serious concentration of one party, the members of the minority party are unlikely to donate money to the local races. They are far more likely to donate to state or federal races. Why? Is it because they care about those issues more? Maybe. But, it's also because most people don't like throwing money away. People are willing to donate to a cause that they think will actually provide some benefit (i.e. instituting policies to which they agree). People are unwilling to donate money to causes that, even if they believe in the goal or ideal, they believe will provide no benefit.

Because of this, when you are in a municipality in which voter registration in the majority party far outweighs the minority parties, the people will not put their money behind the minority candidate in that race. Is this because they don't believe in the ideal? No, because they'd rather donate to a presidential candidate, or a senate candidate that could win. When the local parties have little funding, they cannot mount serious campaigns against the incumbent party. Because they don't want to? No, because they can't afford it. Therefore, it is hard for the minority party to find a strong candidate. What qualified "viable" candidate would want to run a race without financial backing, knowing he will be made a fool at the ballots? So the minority party puts up a person willing to run, generally not someone everyone else would vote for--and you reenter the cycle.

Also, I don't think it is fair to say people don't care about local issues. I have worked in state and local races in upstate NY, and I'd argue that many people care more about what happens in their backyards, than in Washington. People care that their children are educated, that roads are paved, that a strip club isn't located next door, and the other mundane trivialities of everyday life. Have you ever seen a local political race where the incumbents voted for some zoning ordinance that the public dislikes?

The public does vote, and makes it clear what they want. The issue is not that people don't care about local races as much as national ones. It's that they care for different reasons. Most people vote in national, and maybe to some extent for state, races on principle, ideology, and the like. In local races they may care less about party affiliation. Why? Because federal and state officials can actually affect the big picture of religion, sex, drug policy, etc. These are things to which people will care about one's ideology.

For local races, they care about roads getting paved, zoning that they agree with, and the like. Therefore, when deciding to vote in local elections, people ask: are they doing a good job? Yes? OK, then keep them there. Why? Because they aren't looking for great ideologically based change. And, if you don't think people, even in the City of NY, care about local issues take a look at the response the Mayor and the City Council got when they decided to change term limits.

As far as election law serving as deterrent to getting on the ballot, especially in areas outside of major cities, I disagree. I have seen many instances in which a local race has been won by a write-in candidate because the public was against the incumbent. Does it happen often? Of course not. But it happens, which I think demonstrates that the reason these seats are not really fought for is that the public cares more about what they are doing, than ideology. The more narrow the power of the person you are electing, the less ideology matters because we don't expect that much from local officials.
12.10.2008 1:49pm
TruePath (mail) (www):
I'd also like to chime in and offer another theory.

National elections tend to largely be about ideology and theory since the impact of many of the most important federal choices is sufficently complex/indirect that it's hard for either side to convince partisans from the other party. For instance basic questions about minimum wage, benefits of free trade, immigration and the like are resolutely supported by partisans from each side without being significantly influenced by empirical results.

In other words votes in national elections are primarily an expressive activity. We vote democrat or republican because we identify with one kind or people or another. Democrats don't really on some kind of economic analysis to reach their positions, rather they simply want to be a caring, sympathetic person rather than a gready capitalist pig as that is how they see the sides. Both sides pick their party based on cultural, economic and religious similarities and the national context gives them enough wiggle room to justify whatever policies this requires them to believe.

On the other hand the effects of policies are much more immediately apparent at the city level and it's usually much easier to understand where the other side of the issue is coming from. It's one thing to convince myself that our economic downturn wasn't really the fault of my party it's quite another not to blame whoever is in office for choosing to rip up your street to install fiber optic cable or for closing the city pool.
12.10.2008 2:15pm
Bob Goodman (mail) (www):
Sorry I have to catch up with the threads, so this may have been pointed out already. Prof. Schleicher is operating under one important misconception re the election law of NY and, AIUI from years of reading Ballot Access News (since it started as HR 2320 News) that of a few other states. A state-established party here does automatically have a line (column in NY City, row most of the rest of the state) on the ballot, but it is definitely not true that that alone assures there will be a candidate filling that ballot cell for a given office. In the great majority of cases, a designating petition is still required for a candidate's name to appear there, or the space will be blank. This is no trivial requirement, and in practice a large number of such spaces are left blank.

OTOH, there is no mechanism for a party to assure a blank in that space in the general election even if a considerable majority of its membership disapproves of all candidates. If someone does submit an valid designating petition of its members with a candidate's name, the only way to prevent that candidate from appearing on the general election ballot as the nominee of that party is for another candidate to also have a designating petition at about the same time and to win a primary.

Also in connection with Prof. Schleicher's thesis, it may be interesting for him to study village elections in NY, which, unlike town &city elections, all must be officially partisan. In many NY villages it is traditional for the state-established parties to not nominate there, but for independent bodies (which appear as parties on the ballot) with different names to nominate instead. Why this is I don't know, but it may have something to do with the relative signature requirements of nominating (general election) vs. designating (primary) petitions in those jurisdictions. AIUI, these village parties are not ephemeral but tend to reorganize for many election cycles. Many of them have names very descriptive of their purpose or outlook. However, my understanding is that in many cases they are affiliates in everything but name of the state-established parties.
12.11.2008 11:10am
Patrick too (mail):
David, perhaps Indianapolis is the exception that proves the rule (it is one of only two cities you cite that has competitive municipal elections), but its last two municipal elections have not followed the trends you describe. These are the only two elections with results on line and I linked them below for anyone interested:

http://www2.indygov.org/elections/Gen2003/SummaryReport.html
http://imcwwa2k3.indygov.org/elecnight/2007gen/

It is easiest to compare the votes for mayor and four at large candidates for city council because they cover the same territory.

First, in 2003, the Democratic candidate for Mayor won with 62% of the vote. However, none of the democrats running for at-large council seats approached his vote total (the closest only got 82% of his vote total). In contrast, all of the Republican at large candidates received significantly more votes than the Republican mayor (the highest got 21.6% more). None of the Republican candidates won at large seats, but their races were much closer than the mayoral election. The highest vote total for a Libertarian was just under 5,000. If all of the Libertarian votes had to Republicans, the result would have been 3 Democrats and 1 Republican.

In 2007, the Republican candidate for mayor won (50% to 47%). None of the major party at-large candidates garnered as many votes as their mayoral candidate. In this election, two Libertarian candidates pulled more than 12,000 votes each and the other two were around 9,000 each. 3 Republicans were elected and 1 Democrat. If all of the Libertarian votes had gone to Democrats, the result would have been 3 Democrats to 1 Republican.

You are right that the lack of ability to "rebrand" is a big hurdle. With very limited coverage of local elections it is hard, but not impossible for members of the city council to stand out.

For example, in Indianapolis, in both 2007 and 2003, JoAnne Sanders, the only White or female Democrat got more votes than any other Democrat. In both elections, Lonnell "King Ro" Connelly got the least (in 2007, JoAnne got 14.6% more votes than King Ro). On the Republican side, in 2007 the highest vote getter was Ken Smith, the only black Republican candidate. He received 12.4% more votes than the lowest getting Republican (Michael Hegg). There are other differences than just race and gender that separated these candidates. For example, IIRC, Ken Smith was the only Republican candidate that had ads showing him with the Republican candidate for mayor.

Again, maybe Indianapolis is so unique it doesn't fit into your theory. But, if so, perhaps the reasons why it is unique hold some answers for how to make local elections more competitive.
12.11.2008 1:01pm
ohwilleke:
Assume that there are both national and local elections in a city and that both elections use first-past the post/single member district systems (this is true almost all American cities at this point).

There are notable exceptions to the first-past the post/single member district systems.

San Francisco, Denver and local governments in Louisiana use French style elections, where a runoff is held if no candidate receives a first round majority, and there is no primary.

Multiple candidate, at large elections are more common than single member district elections or any other form of election. Races where five people run for three spots, voters get three votes, and the top three vote getters win, are the leading type of municipal election form, particularly in small municipalities.

Many larger municipal governments have a mix of at-large (often multiple candidate) and single member district seats.

County government is almost universally partisan, while municipal government is predominantly but not exclusively non-partisan. Yet, for a very significant share of the country, county government is the local government. In that context, partisan elections for posts like coroner, surveyor, and treasurer have been, by and large, a dismal failure, adding nothing to the equation but corruption.

Some of the most notable cases of municipal government, moreover, like Miami, Denver, New York City and Washington D.C., moreover, involve cases where municipal government has responsibility for functions traditionally left to partisan county and state governments.
12.12.2008 5:49pm
Bob Goodman (mail) (www):
I think another easier answer to Prof. Schleicher's question is gotten to by noting that while pure 1 party rule is unstable, a situation in which in a given polity a single party is overwhelmingly dominant is quite stable. That's because one party can monopolize all the pork &patronage, making it not worthwhile to vote or hold office via minority parties.

It so happens that most cities are stably overwhelmingly dominated by a single party, but lie in states and in a country which are not. So it makes sense for people to vote only for the dominant party locally, and to be more choosy when voting for state or national office.
12.12.2008 9:19pm

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