Portland City Council Voters: Do You Know What You Did?

All you Portland voters. Remember how you voted 58.1% to 41.9% on Measure 26-228 to switch to a ranked choice voting (RCV) system for the Portland City Council?

“In the end, we saw monumental wins that will change the landscape of our local democracy and advance opportunity for communities of color,” enthused the Coalition of Communities of Color after the vote.

“Portlanders made history by demanding a government that is effective, accountable and representative,” said Debra Porta, co-chair of the Charter Commission, which initially recommended voters consider the sweeping changes .

“The passage of Measure 26-228 is an historic step towards a democracy that truly gives all Portlanders a seat at the decision making table and a government that meets their basic needs,” said Sol Mora of the group Portland United for Change, which advocated for the measure. “This victory was powered by the people for the people.”

Well, supporters got what they wanted. But while Measure 26-228 required mote than 50% yes votes in Portland to pass, the 12 new city councilors elected under the the quirky new system didn’t need 50% to win in the 4 new districts.

This is how the RCV reform proposal described the system: 

 “If no candidate receives a majority of the vote in the initial round, subsequent rounds are counted in which (i) candidates retain the number of votes counted for them in the first and any subsequent rounds that already occurred; and (ii) the candidates having the fewest votes are successively eliminated in rounds and their votes are counted as votes for the candidates who are ranked next on the ballots that had been counted for the eliminated candidates. The process of eliminating candidates and transferring their votes to the next-ranked candidate on ballots repeats until a candidate has a majority of the vote.”

The Councilors of each district were elected using a proportional method of RCV known as “single transferable vote” (STV). In this system, voters rank the candidates and if a candidate gets more votes than needed to be elected the extra, or surplus, votes get transferred to the voter’s next choices. The charter reform proposal was so convoluted it took almost 300 words to explain how it would work (See below for complete text).

Under this system, a candidate running for a seat in a multimember district could win a position on the Council with as little as 25% of the vote, or maybe even less.

And that’s exactly what happened.

Eleven of the twelve Councilors were elected with 25% of the vote in their district. One newly-elected Councilor, Jamie Dunphy in East Portland’s District 1, was even elected with just 22.8% of the vote.

District 1’s three final winners were Candace Avalos, Loretta Smith and Dunphy. In the 1st round, Avalos was the first choice of just 19.4% of the vote, Smith was the first choice of 13.1% and Dunphy was the first choice of 11.9%.

One consequence of all this is that the newly elected Councilors may be able to remain in office by consistently satisfying just that small segment of eligible voters and ignoring those who are disenchanted with their performance because it would require 75% of voters to vote against the entrenched councilor to remove him or her.

As Tim Nesbit, a former chief of staff to former Democratic Governor Ted Kulongoski and a critic of the ballot measure before its passage, wrote in the Portland Tribune, “This will be a ‘welcome to the Hotel California’ for candidates who seek office in the first council election to follow. It will be easy to check in to the council, but much harder to be forced to leave.”

Charter reform’s explanation of how “single transferable vote” (STV) would work: 

“Councilors of each district are elected using a proportional method of ranked choice voting known as single transferable vote. This method provides for the candidates to be elected on the basis of a threshold. The threshold is determined by the number of seats to be filled plus one, so that the threshold is the lowest number of votes a candidate must receive to win a seat such that no more candidates can win election than there are seats to be filled. In the initial round, the number of first rankings received by each candidate is the candidate’s vote count. Candidates whose vote counts are at least the threshold are declared elected. Votes that counted for elected candidates in excess of the threshold are called surplus. If fewer candidates are elected in the initial round than there are seats to be filled, the surplus percentage of all votes for the candidates who received a surplus are transferred to the next-highest ranked candidates in proportion to the total numbers of next-highest rankings they received on the ballots that counted for the elected candidate. If, after all surpluses have been counted in a round, no additional candidates have a vote count that is at least the threshold, the candidates with the lowest vote counts are successively eliminated in rounds and their votes are counted as votes for the candidates who are ranked next highest on the ballots that had been counted for the eliminated candidates, until another candidate has a vote count that is at least the threshold or until the number of candidates remaining equals the number of seats that have not yet been filled. The process of transferring surpluses of elected candidates and eliminating candidates continues until all positions are elected.”

Is Portland’s Ranked Choice Voter Education Project Stumbling?

In its early years, the electric vehicle start-up Fisker tried to stimulate public interest by showing off a concept sports car, the EMotion, going down a desert road in a flashy 2017 marketing video. The problem, revealed by the Wall Street Journal,  – the car in the video didn’t have a motor or battery. It was propelled by people hiding inside who were pushing it forward with their feet through a hole in the floor.

To say the least, it was a deceptive start of a good idea, a worthy concept that stumbled in its execution. 

Portland’s voter education project on the city’s new ranked choice voting system to be utilized in the November 2024 election seems to be like that.

Request for Proposals on a voter education contract “…from qualified proposers with demonstrated experience in voter and community education and outreach” went out on April 7, 2023 asking that proposals be submitted by May 3, 2023. The intent was to post an intent to award the contract to a specific bidder on June 9, 2023.

The first slip-up occurred when a winning bidder wasn’t chosen until July 2023.

The winner of the $675,000 contract was United Way of the Columbia-Willamette in collaboration with Democracy Rising, Portland United for Change (a fiscally sponsored project of the United Way) and Brink Communications of Portland. United Way of the Columbia-Willamette was the sole legal entity awarded the contract and has oversight over it.

Portland United for Change was tasked with leading the day-to-day management of contract activities and to support subcontractor grant recipients working to implement the education and outreach effort for harder-to-reach voters. Samantha Gladu, Coalition Director at Portland United for Change, was expected to manage the overall project.

Democracy Rising was expected to apply its expertise in voter education efforts in five states on ranked choice voting.

Brink, which described itself as “…a queer woman-owned, BIPOC and LGBTQIA2S+-led marketing and communications agency united around justice, equity and solidarity”, was expected to provide four members of a six-person Project Team working on the voter education effort. 

A second slipup occurred two months later, however, when Brink, a 12-year-old 43-employee firm, unexpectedly ceased operations. “The disruptions of the pandemic, the recent economic downturn and upheavals in the marketing industry have been very difficult for our small business,” the company said in a LinkedIn post. 

Rather than switch to another bidder, the city left it to United Way to find a replacement firm for Brink. It took until January 2024 for United Way to accomplish that by selecting Hearts & Minds Communications LLC of Portland, a company founded in 2021 which describes itself as “…a growing collective of communicators, designers and strategists united by our approach to center racial justice in our work”.

Hearts & Minds has not responded to inquiries seeking information on who on its staff would replace the Brink employees serving on the Project Team, details on their roles and qualifications and specifics on their projected hourly rates.  

Then another problem. 

Two months later, on March 13, 2024, Samantha Gladu, Coalition Director at Portland United for Change, abruptly left the organization and transitioned to another employer. She had been expected to be the day-to-day contact with the city, helping to coordinate all the meetings and directing the appropriate people to meetings regarding various elements of the project. 

As of May 16, 2024, United Way had still not replaced Gladu and it’s not clear who’s running the show. “I think we can all agree that this is a very competitive market for employees, and we are not at all surprised that Samantha was poached away from her role at United Way. United Way is recruiting for this position,” said Shoshanah OppenheimCharter Transition Project Manager with the city.

All this turmoil occurred while the original timeline for the entire project had  envisioned that two key phases of the project would be underway.

First, Nov. 2023 – Feb. 2024 was supposed be spent identifying and engaging local voter education partners, building out infrastructure and collateral for different campaign focuses and working with election officials on ranked choice voting implementation.

Then, during Feb. 2024 – June 2024, the project team was expected to focus on outreach to coalition partners to extend capacity, the recruitment and training of organizational and volunteer leaders on voter education, and engagement of stakeholders and media to facilitate their understanding of the new election system.

The winning bidder was expected to use this time to offer sub-grants to “…local non-profit and community-based organizations who can assist in disseminating this vital information through trusted mediums to members of populations who traditionally lacked access to inclusive voter education and are most likely to benefit from focused, supplemental outreach.”

United Way’s original bid said the voter education effort aimed “to be operating on all cylinders” in June. The way things are going, it’s doubtful that will be the case. 

Portland’s Charter Reform Proposal: An Elaborate, Unworkable Mess

Proponents of Portland’s charter reform proposal (Measure 26-228) try to make it sound so simple and straightforward; just a good government initiative that will transform the city.

Not so. The proposed radical change in how city officials would be elected is a convoluted jumble that few probably comprehend. 

The current system is simple: the person with the most votes wins.

Under the reform proposal, not one but two voting systems would be employed. 

First, the Mayor and the Auditor would be elected at-large using a flawed method of ranked choice voting (RCV) known as instant runoff voting.

This is how the reform proposal describes the system: 

 “If no candidate receives a majority of the vote in the initial round, subsequent rounds are counted in which (i) candidates retain the number of votes counted for them in the first and any subsequent rounds that already occurred; and (ii) the candidates having the fewest votes are successively eliminated in rounds and their votes are counted as votes for the candidates who are ranked next on the ballots that had been counted for the eliminated candidates. The process of eliminating candidates and transferring their votes to the next-ranked candidate on ballots repeats until a candidate has a majority of the vote.”

Got that? 

In RCV, voters need to have a high level of information about all the candidates in order to choose preferences. You can’t just vote for the person and ideas you like. You must also educate yourself about all the other candidates in order to elevate, or dismiss, the ones you don’t. 

If you only vote for the candidate you prefer and don’t rank all the rest, you are effectively disenfranchised if your candidate doesn’t come in first in the initial ballot count.

The fact is, the more people a voter ranks the longer a ballot works for the voter. If there are five people on a ballot, you vote for only one and that one is eliminated in the instant runoff, your ballot is exhausted and has no impact on the race. It simply won’t factor into the final outcome.

On the other hand, pressure to rank all the candidates can lead to support for somebody you really don’t like. In RCV, your vote for a candidate you dislike can actually help that candidate move up. 

Jeff Jacoby, an award-winning columnist for the Boston Globe, calls the RCV process “democracy on the Rube Goldberg model”, where  ideas that supposedly simplify people’s lives wreak havoc instead.

“Perversely, (ranked choice voting) enhances the influence of the candidate who comes in last when the ballots are first counted, by shifting that candidate’s voters to their second choice.,” Jacoby says. “Just as perversely, the system pushes voters to decide on who their third-, fourth-, and even fifth-favorite candidates are — or face the prospect of their vote being nullified if multiple rounds of tallying are required.”

Things get even weirder when you apply RCV to an election for multiple positions.

As noted earlier, not one but two voting systems would be employed under Portland’s charter reform proposal. In the races for mayor and auditor, there would be only one final winner in each. In the district council races, each of four districts would be electing three Councilors to create a 12-member city council, guaranteed to lead to gridlock at times because of the even number.. 

The Councilors of each district would be elected using a proportional method of RCV known as “single transferable vote” (STV). In this system, voters rank the candidates and if a candidate gets more votes than needed be elected the extra, or surplus, votes get transferred to he voter’s next choices. The charter reform proposal is so convoluted it takes almost 300 words to explain how it would work (See below for complete text)

Under this system, a candidate running for a seat in a multimember district could win a position on the Council with as little as 25% + 1 of the vote. One consequence could be a Councilor able to remain in office by consistently satisfying just that smaller segment of eligible voters.

Because STV is a complex system, understanding it demands a high degree of literacy and numeracy. It can also heighten the power of small minority coalitions and fragment political parties because it can cause members of a party to compete against each other as well as against their ideological opponents.

Although organizations such as the City Club of Portland, the League of Women Voters of Portland and the ACLU of Oregon have endorsed the reform proposal, it’s hard to understand why given that its complexity potentially endangers its legitimacy in the eyes of the general public.

Charter reform proponents cite a Portland Governance & Electoral Reform Survey conducted in March 2022 by Baltimore, MD-based GBAO, which does survey research and strategic consulting for Democratic and progressive campaigns, that showed strong support for RCV and multimember districts.

The polling questions did not, however, explain the intricacies of how RCV would work with multimember districts and application of the single transferable vote concept.

Probably realizing that all this is confusing as hell, the charter reform proposal calls for voter education. “The City must conduct periodic voter education campaigns to familiarize voters with the ranked choice voting methods described above,” the proposal says.

Try explaining all this in a 30-second tv spot, a tweet or a digital ad.

Good luck with that.

__________

Charter reform’s explanation of how “single transferable vote” (STV) would work: 

“Councilors of each district are elected using a proportional method of ranked choice voting known as single transferable vote. This method provides for the candidates to be elected on the basis of a threshold. The threshold is determined by the number of seats to be filled plus one, so that the threshold is the lowest number of votes a candidate must receive to win a seat such that no more candidates can win election than there are seats to be filled. In the initial round, the number of first rankings received by each candidate is the candidate’s vote count. Candidates whose vote counts are at least the threshold are declared elected. Votes that counted for elected candidates in excess of the threshold are called surplus. If fewer candidates are elected in the initial round than there are seats to be filled, the surplus percentage of all votes for the candidates who received a surplus are transferred to the next-highest ranked candidates in proportion to the total numbers of next-highest rankings they received on the ballots that counted for the elected candidate. If, after all surpluses have been counted in a round, no additional candidates have a vote count that is at least the threshold, the candidates with the lowest vote counts are successively eliminated in rounds and their votes are counted as votes for the candidates who are ranked next highest on the ballots that had been counted for the eliminated candidates, until another candidate has a vote count that is at least the threshold or until the number of candidates remaining equals the number of seats that have not yet been filled. The process of transferring surpluses of elected candidates and eliminating candidates continues until all positions are elected.”