Vol. 14 No. 5 (May 2004), pp.298-300

ESTABLISHING THE RULES OF THE GAME: ELECTION LAWS IN DEMOCRACIES, by Louis Massicotte, André Blais, Antoine Yoshinaka. Toronto-Buffalo-London, University of Toronto Press, 2004.  160pp. Cloth £32.00. $50.00 (CA & US).  ISBN: 0-8020-8769-8.  Paper £13.00.  $19.95 (CA & US).  ISBN: 0-8020-8564-4.

Reviewed by Ricardo Chueca, Professor of Constitutional Law, Universidad de La Rioja, Spain.  E-mail: ricardo.chueca@dd.unirioja.es

There are several reasons to consider this book as singular, important, useful and transcendent.

It is a singular book because it considers an obvious question that nobody has formally addressed to now. Is it possible to understand electoral systems without including assessment of some formal juridical elements as a complement to the more quantitative analysis? Are such elements relevant to the processes of formation and expression of the will of the voters? Most academic observers will surely agree that they are, although they are nonetheless not often included in studies of electoral systems. Usually the relationship between electoral system and rules of the electoral processes is reduced to the most evident, and the investigation goes no further.  In this sense this book is different and invites the reader to think critically about the role of law in electoral systems.

It is an important book because indirectly—i.e., without affirming it expressly—the authors draw attention to recurring methodological errors in the study of electoral systems. Indeed, researchers who specialize in a particular system can make serious analytic mistakes for the mere fact of ignoring aspects of other systems that, if known to them, would modify their investigating approach. To ignore a relevant and parallel system can be a subtle form of ignoring one’s own, and this is particularly significant when one seeks to generalize from the study of one set of rules.

It is a useful book because, without seeking an encyclopedic accumulation of all the rules of the various countries considered, the authors selectively order and systematize them according to general criteria in order to highlight the most outstanding and significant aspects of the studied systems. Probably much of the data presented in the book will be already partly obsolete, but that does not diminish its value. We all know that electoral rules are changed regularly; thus, it is impossible to publish a book without containing electoral regulations already modified. Nonetheless, the utility of the book is not damaged by this fact.

In addition, the book focuses on issues that are not often addressed in the specialized literature. There are good reasons, as the authors note, why very few books take a similar approach. Indeed, there are a number of analytical issues. First, one must overcome the problems associated with collecting information from a range of disparate sources of varying accessibility and reliability, and which undergo constant [*299] change. Systematizing a data set and verifying information authenticity, when dealing with very different political and electoral systems, are particularly challenging. And, mainly, it requires deep knowledge of the regulatory process of the various electoral systems, because in order to synthesize and evaluate the central aspects of the electoral rules, it is necessary to differentiate the incidental from the important so that the laws can be understood and analyzed appropriately.

The book is composed of six chapters, an Introduction and a Conclusion. Moreover, an Appendix presents the sources from which the information was obtained associated with each of the countries in the sample—Argentina, Brazil, Canada, France, Japan, the Netherlands, the Philippines, Romania, and the United Kingdom. The study also introduces two independent variables, old British colonies and established democracies, with the second one being more analytically useful than the first.

The authors first address the question of who is entitled to vote. There is considerable variation regarding regulations, but there are two conditions about which there is general agreement: age (usually 18 years) and a residency requirement (the terms of which vary). The Chapter also highlights the existence of the obligatory vote and its relationship to the concept of democracy.

Another chapter assesses the rules for candidate selection. In general the age threshold is higher to run for office than to vote, and candidates generally must meet citizenship requirements as well as residency. Frequently, candidates for office must also pay some kind of registration fee.  In general, this chapter succeeds in overcoming system incompatibilities, which can be complex.

The authors next consider voter registration rules in a chapter that reveals some interesting findings. The range is very diverse: from countries with automatic registration of all citizens to a score of countries where individuals must prove their worthiness to vote by passing a range of tests. Indeed, the electoral systems of some democracies leave a great deal of room for improvement.

Who manages the electoral process represents one of the most delicate and difficult issues in any electoral system, because it is essential to have an authority whose objectivity and transparency legitimates the result of the process in an unquestionable way. The authors describe the existent models and conclude that any current regime can guarantee fair elections, if it has a solid electoral tradition and deploys a rigorous organization.

Another source of great variation is found in the rules of how voting occurs, including whether an election takes place on one day or over several, how long the polling places remain open, how a board of elections is constructed and the role it plays, if any, how voters identify themselves and verify their identity, among other regulations.  Different systems also utilize a range of balloting procedures.  The Australian and French models are popular, and the authors electronic voting is an increasing phenomenon.  Moreover, as the authors demonstrate, the general tendency is toward a diversification of the vote [*300] procedures.  How votes are tallied and the determination of winners and the losers also show considerable variation. Indeed, there is a surprising variety of procedures in use to count and verify ballots. However, in the midst of diversity, there are some commonalities, such as allowing the presence of observers representing the competing parties or candidates as votes are totaled at the polling stations. In addition, contested outcomes are usually determined ultimately by judicial authorities.

In summary, the authors outline the elections like a game governed by a group of rules that constrain the actors. And each democracy has developed different rules for each electoral game. For this reason they conclude that there are very diverse ways of regulating elections correctly.  Some aspects of the voting process find minimal consensus, as in the case of election-day rules.  At the same time, there is wide consensus regarding a number of election rules, such as the threshold voting age, requiring that candidates be citizens, the existence of election registration to verify individual voters’ eligibility, and the presence of the parties as a transparency guarantee as ballots are counted.  In general, there is a tendency, particularly among established democracies, toward expansion of the right of vote. But in other respects there are not great differences between experienced and emergent democratic regimes.

Overall, the authors make a number of interesting observations that deserve further assessment and study.  For example, one-quarter of all democratic systems do not require an identification document to allow a person to vote. How does this fact influence turnout and perceived legitimacy of the outcomes? One-third of the countries included in this book’s study mandate that all citizens must vote. Does the right to vote also imply a right not to vote that should be acknowledged and protected by the governing regimes?  In some countries, clearly in the US, it is important to obtain a clear and quick result.  On those occasions when this does not occur, what are the implications for the image and legitimacy of the entire electoral process?

Finally, and perhaps most importantly, the authors draw attention to the endogenous character of electoral rules. The parties - majority and opposition - who author and oversee administration of the rules, are naturally inclined to do so in ways that create advantages for themselves.   This raises questions of basic fairness, as well as issues inherent in constitutionalism – e.g., how do those with power restrain their own power? But these are topics that exceed the boundaries of this book.

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Copyright 2004 by the author, Ricardo Chueca