Not too much democracy, please
The Minnesota court ruling awarding a disputed U.S. Senate seat to Democrat Al Franken is eliciting predictable reactions along party lines. Like his self-affirming "Saturday Night Live" character Stuart Smalley, Franken is good enough and smart enough to serve in the Senate (even though Republicans don't like him). "Good enough" is also a fair description of his victory, which is still being contested by former Sen. Norm Coleman.
Franken's victory -- like George W. Bush's in Florida in 2000 -- suggests another "enough" cliche: "Close enough for government work." Which is another way of saying that in such a close race whether Franken beat Coleman is ultimately unknowable. This is a useful reminder of a larger point: that legitimacy in democratic politics is a slippery and subjective idea.
Minnesota Republicans may think it unjust that they will be represented by Franken because of a misinterpretation of a few absentee ballots. But other Minnesotans may consider Franken illegitimate for another reason: that he won only a plurality of the vote because of the presence in his race of a third-party candidate, former Sen. Dean Barkley. So a truly democratic election would have provided for a runoff? Not so fast. Jesse Jackson argued (admittedly a generation ago and in the context of primaries) that runoff elections were quasi-racist, at least in the South, where he feared a black candidate who finished first in the original election would be edged out by a white candifdate when the field was winnowed to two.
In defense of Jackson, his position on runoffs isn't different in kind from notions we accept uncritically -- such as that Congress should be composed of seats won by the candidate who got a majority (or a plurality) of the vote. Winner-take-all is American as apple pie (it's called "first past the post" in Britain), but it's less democratic than the various forms of proportional representation used in some European countries and in Israel.
If the U.S. followed the Israeli system, in which even small parties are represented in the Knesset in proportion to the votes they receive, we'd have a more representative Congress -- and a more dysfunctional one, with Democrats and Republicans sharing space with Libertarians, Afrocentrists, Aryan Nationers, creationists, a few Marxists, maybe even a PETA representative or two.
Al Franken's supporters, like George Bush's in 2000, are loath to argue that some things are more important than democracy. But that's the best argument for sending Franken to Washington even if only God knows if he edged Coleman. The consolation for Coleman voters is that, even if their man "really" won, this wouldn't be the first time that democracy was trumped by other imperatives. Like stable government, two-party rule and giving Minnesota a second senator.
Credit: Jeffrey Thompson / Getty Images



Election results like this are a perfect example of how America would benefit from Instant Run-off Voting (IRV), also known as ranked-choice balloting. Simply put, every voter ranks the candidates in the order they would prefer to have them elected. All ballot top choices are counted, and the lowest vote-getter is eliminated from the tally; the loser's votes are then redistributed based on each voter's next preferred choice. This (computer-automated) counting continues until only two candidates remain.
By design, at this point one candidate MUST have a majority (except in the unlikely event of a tie) and every voter has gotten to say "Well, if my top choice (or 2 or 3) can't get it, then I'll vote for this candidate." IRV is a sure-fire way to avoid the "lesser of two evils" debate many of us go through when considering the de facto front runners put forth by the two major parties.
IRV is an exciting way to hold elections, and it makes for ENDLESS political analysis (for those of you who love such things). Learn more at http://www.fairvote.org/irv/.
Posted by: Scott Nass | April 17, 2009 at 10:16 AM
There is no inconsistency in the democratic platform between now and 2000. Democrats wanted a recount in 2000 and they wanted a recount in 2008. In both cases, the state courts ruled in favor of a recount and in both cases the republicans attempted to bypass state ruling (or at least we know that Norm Coleman will, as long as he is the loser). God isn't the only one who knows the winner of the minnesota race, since there was a drawn out and meticulous recoutn, now the entire world also knows. I will concede that only god knows who won teh state of Florida in 2000.
Posted by: alexei | April 17, 2009 at 08:07 AM
The writer really misses the point and should probably stick to things they have a better grasp of...
Coleman wants to count invalid, unlawful, rejected ballots... Because some countys [may] have counted some simular ballots...
In other words he wants unlawful ballots granted the same protection as lawful ballots...
In seeking "equal protection" for unlawful voters, Coleman seeks to deny equal protection for voters who lawfully cast ballots.
And way to go using the republican talking point "unknowable"
Posted by: Dave | April 17, 2009 at 04:13 AM
Proportional voting doesn't necessarily mean fringe parties or unstable government. Almost all developed countries have used proportional voting systems for most of the last century.
For more info: www.FairVote.org
Posted by: Wayne Smith | April 16, 2009 at 08:57 PM
It is obvious the reporter here is unfamiliar with the facts and is buying the current Republican spin that the "winner will never be known". The winner is known -- it is Franken. By a careful and deliberate process, carried out in the glare of media spotlights, with full representation by both sides the votes were tallied and Franken had more than Coleman. In the recount he was the winner and after the election contest his lead increased. In a double overtime basketball game, if a shot at the buzzer gives one team a 1 point lead, they win. Nobody talks about a "statistical tie" or "that team really didn't win". That is just sore loser rationalization.
Posted by: Dr. Wally | April 16, 2009 at 07:04 PM