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.”

Portland’s Next Mayor? Who Cares?

Portland’s Next Mayor?

In all the turmoil and media attention focused on Portland’s new ranked choice voting election in November, much of the focus has been on the contest for mayor.[1]

Why?

The next mayor is going to be a eunuch. No, I don’t mean a castrated man. I mean the word metaphorically, in the sense an ineffectual or powerless person.

It’s the new 12-person City Council that will have the power to enact laws. The new mayor won’t even sit on the City Council or vote on council items (except to break a tie).  The mayor, and the new city administrator, who will be appointed by the mayor with council approval, will be in charge of carrying out City Council actions and crafting the city budget.

The mayor will also be tasked with appointing a city administrator, city attorney, and police chief, but that will also be only with the City Council’s approval. And to top it all off, the mayor won’t have veto power over council decisions. 

The mayor will serve more as a $175,463-a-year figurehead than a legislator, Tate White, a member of the city’s government transition team, told OPB earlier this year. “They’re going to be partnering with other jurisdictions, they’ll be standing at press conferences, they’re going to be the people meeting with representatives from sister cities when they come and visit, it will be far more ceremonial,” she said.

But don’t count on the new 12-person City Council, with three representatives per four new geographical districts and only one staff person for each City Council member, to be all that cooperative, efficient or effective. It might be more functional than New York City’s 51-member City Council, but likely not much. After all, a City Council member can be elected with as little as 25% + 1 votes, so their constituencies will be pretty damn small.[2] One consequence could be a Councilor able to remain in office by consistently satisfying just that smaller segment of eligible voters.

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


[1] Mayoral candidates include three current members of Portland City Council: Rene Gonzalez, Mingus Mapps and Carmen Rubio. Others running are: Saadiq Ali, early childhood educator Shei’Meka As-Salaam, inventor James Atkinson IV, REAP youth advocate Durrell Kinsey Bey, financial advisor Nancy Congdon, Yao Jun He, advocate for the unhoused and community activist Michael O’Callaghan, artist and performer Liv Osthus, city hall veteran and green energy advocate Marshall Runkel, owner and president of TITAN Freight Systems Keith Wilson and maintenance supervisor Dustin Witherspoon. 

[2] Charter reform’s explanation of how “single transferable vote” (STV) will 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.”

Mail-In-Voting Is On The Ballot in Oregon

In 2020, Donald Trump filed several lawsuits in an effort to stop vote-counting or force recounts after his campaign said post-Election Day increases in vote totals for President Joe Biden — many of which came from mail ballots, that were counted following the in-person votes — were evidence of fraud. 

None of the lawsuits succeeded. 

But Trump has continued to denigrate mail-in voting and promulgate theories that the 2020 election was contaminated by voter fraud, and his true believers are falling in behind him. (A humorous aside is that many Republican groups are also spending millions of dollars this year promoting voting by mail to spur turnout, particularly in competitive states)

Even though elections researchers have demonstrated that making it easier to vote by mail generates higher voter turnout for both parties, and incidences of fraud are rare, in December Trump called for an end to mail-in voting entirely. Following a “cutting off one’s nose to spite one’s face” strategy, he claimed in March that “any time the mail is involved, you’re going to have cheating”.  

Some election experts expect Trump to prematurely claim victory on the basis of early in-person votes in 2024 and to litigate the election going forward.

Now we have all three Republicans running to be Oregon Secretary of State, which oversees the state’s elections, hyping claims of voter fraud and affirming their desire to end Oregon’s long tradition of running elections by mail.

The three Republicans in the primary race are Beaverton real estate broker Brent Barker, state Sen. and rancher Dennis Linthicum and Salem business analyst Tim McCloud.

Brent Barker’s campaign website spells out his support for:

  • Statewide In-Person Voting
  • Limiting mail-in ballots to Military and Absentee Voters
  • Resetting all voter registration rolls to zero and requiring everybody to re-register
  • Hand counting tally results for all elections with observers

Linthicum, on his campaign website, pledges to:

  • Restore election integrity and promote diligent custodial ownership of election records
  • Advocate for in-person local precinct voting with ID
  • Safeguard the elections for the integrity of every Oregonian’s vote

Tim McCloud has not set up a website with campaign pledges. He was, however, a plaintiff in a lawsuit intended to end mail voting and electronic voting tabulation in Oregon.

A federal judge tossed the lawsuit, saying “generalized grievances” about the state’s elections aren’t enough to give a group of unsuccessful Republican candidates and other election deniers standing to sue.

McCloud has also commented on election issues in general. In responses to a questionnaire from KATU News, he said, “I will heavily fortify our election system against attacks, and implement fail-safe systems to prevent any disruption of our election system by bad actors. Additionally, I will advance all efforts for more access to Oregon’s public elections records, including more transparent processing of ballots, and conducting routine and thorough voter roll audits statewide.”

Whatever the merits, or failures, of mail-in voting, one thing remains true. As political analyst Larry J. Sabato, has said, “Every election is determined by the people who show up.”

What Were They Thinking? Multnomah County’s Non-Citizen Voting Proposal

The election’s over, and Measure 26-231, an appalling proposal to let non-citizens vote in Multnomah County, lost 52.79% – 47.21%. But the fact it even got on the ballot should worry us all. 

What in heaven’s name would have propelled a group of citizens to advocate undermining their constitutional rights with such an alarming proposal? And the fact the measure got 163,163 votes is a distressing reminder that the idea of non-citizen voting is in danger of being normalized.

We need to stop pretending like this is okay or normal because it’s not,”  Rep. Jeff Duncan (R-SC) said earlier this year, Non-citizen voting is explicitly un-American and disrespectful to those who fought and died for the preservation of our freedoms and democracy.”

A Charter Review Committee appointed by state senators and representatives who represent districts in Multnomah County initiated the proposal. 

The committee members, all appropriately listing  their She/Her, She/They, They/Them, He/Him pronouns on the committee’s website, were a cabal of overzealous progressives akin to a left-leaning social justice advocacy non-profit intent on remaking the body politic to advance their agenda.

Samantha Gladu (She/They) was described as“…committed to addressing power inequities by building representative and progressive anti-racist leadership.” 

Ana I. González Muñoz (She/Her)…works at Latino Network as the Director of Community Engagement & Leadership Development” and her “… professional and personal commitment revolves around serving her community to advocate for equity, inclusion, and social justice.” 

Jude Perez (They/Them)“…is the Grants Manager at Seeding Justice…an organization that practices community-led grantmaking to distribute funds to grassroots groups that are working towards long-term, systemic solutions, and community-centered strategies to dismantle oppression in Oregon.”

The civic groups that supported the measure[1] deserve to be admonished as well. 

The ACLU of Oregon made the illogical argument that the measure advanced its commitment to the civil liberties and civil rights fundamental to our democracy, ignoring the fact it would mean one less benefit to be gained from becoming a citizen and erode  the integrity of America’s  democracy,

The Oregon Food Bank exceeded its mandate when it endorsed Measure 26-231 because it would “extend voting rights to more local residents who are affected by county policies.”

Measure 26-231 was not just an example of progressive overreach, but of moral rot. It was a sign not of appreciation, but of contempt, for liberal democracy. At its root, it was a progressive attempt to enlarge their base.

The idea made a mockery of citizenship, removing the long-standing linkage between the responsibilities of citizenship and voting rights. 

Before the Nov. 8 election, Ricardo Lujan-Valerio, a policy director to Portland City Commissioner Carmen Rubio and former policy associate at ACLU of Oregon, told OPB he estimated the committee’s proposal “…could potentially affect up to 100,000 people if the final definition of ‘noncitizen’ includes the roughly 22,000 undocumented residents living in Portland.” It’s not clear if that estimate included not just undocumented people in the county illegally, but also people admitted to the US legally, but not yet US citizens.  

That many non-citizens added to Multnomah County’s voting rolls would have resulted in a substantial dilution of the power of the county’s citizen voters.

Justice Ralph J. Porzio, a State Supreme Court justice on New York City’s Staten Island, raised the dilution issue when, on June 27, 2022, he struck down a law that would have allowed non-citizens to vote in local elections in New York City, saying it violated the State Constitution.

“This Court finds that the registration of new voters will certainly affect voters, political parties, candidate’s campaigns, re-elections, and the makeup of their constituency and is not speculative.,” the judge said in his ruling. “The weight of the citizens’ vote will be diluted by municipal voters and candidates and political parties alike will need to reconfigure their campaigns. Though the Plaintiffs have not suffered any harm today, the harm they will suffer is imminent, and it is reasonably certain that they will suffer their claimed harm if the proposed municipal voters are entitled to vote.”

“Voting is of the most fundamental significance under our constitutional structure…The addition of 800,000 to 1,000,000 non-eligible votes into municipal elections significantly devalues the votes of the New York citizens who have lawfully and meaningfully earned the right to vote pursuant to constitutional requirements.”

The Charter Review Committee’s non-citizen voting proposal would have devalued the votes of citizens in Multnomah County and run counter to the values of our constitutional republic. May it rest in peace.

 

 


[1] ACLU of Oregon; Adelante Mujeres; APANO (Asian Pacific American Network of Oregon); Center for Migration, Gender, and Justice; Coalition of Communities of Color; IRCO (Immigrant and Refugee Community Organization); Latino Network; Next Up; Oregon Food Bank; Oregon Interfaith Movement for Immigrant Justice.

Vote? Fuhgettaboutit

A bunch of folks won in Oregon’s May  20 primary elections, but that doesn’t mean they enjoy the enthusiastic support of Oregonians. In fact, far too often a small number of Oregonians are determining the winners and losers in Oregon politics. Only about one-third of registered voters bothered to vote in the May primaries.

And this doesn’t take into account the fact that significant numbers of eligible adults 18 years and older are not even registered to vote.

non_voters

In the hotly contested Republican primary for the U.S. Senate race against Jeff Merkley, candidate Monica Wehby captured 132,501 votes, 49.99 percent. That allowed her to overcome her principal challenger, Jason Conger, who pulled in 99,706 votes, 37.61 percent.

Wehby’s victory sounds impressive until you realize that there are 650,176 Oregonians registered as Republicans. That means Wehby won the primary with the votes of just 19.77 percent of registered Republicans. Those are the only people who can vote in Oregon’s Republican primary in the state’s closed primaries.

Votes in Washington County Commission races were similarly low. There are 284,138 registered voters in the county.For the nonpartisan Commissioner-at-large position, Andy Duyck won with 43,837 votes. That’s 15.4 percent of registered voters.

The fact is, despite Oregon’s much-vaunted vote-by-mail system, the May primary had one of Oregon’s lowest voter turnouts ever and turnout has been falling for years.

Why?

In races where there seems to be no real contest, motivating voters to turn out is damn hard. Jeff Merkley won the Democratic primary for U.S. Senator with 271,344 votes, just 33 percent of registered Democrats.

In other cases, it’s hard to get excited when there truly is no contest. For example, in three Metro races the incumbent candidates, Carlotta Collette, Shirley Craddick and Kathryn Harrington, had no opponents.

In some cases the ideological split in a voting district is so unbalanced, with Democrats or Republicans firmly in control, that going to the polls if you’re in the minority seems like a total waste of time. A Republican in Multnomah County may feel that way as may eligible voters in most Congressional districts in the U.S. According to the Pew Research Center, political scientists and analysts disagree on why so few House districts are competitive; some blame gerrymandering, while others say the district maps reflect a politically polarized America where people are more likely to live among those who think like they do.

Then there are the races that just don’t engage voters, where few voters feel any connection to whoever wins and probably couldn’t even name the incumbent if asked.

Of course, Oregon’s closed primary system is also a guilty party. With 648,146 Oregonians registered as Nonpartisan (nonaffiliated, minor parties & others), a number that’s been growing steadily, none of them can vote in a Republican or Democratic primary.

There’s also the growing disenchantment with politics and politicians in general in Oregon and across the country. In Kentucky, for example, turnout was only 26 percent in a nationally covered intensely competitive primary between U.S. Senate Republican Leader Mitch McConnell and Matt Bevin.