Proportional representation in the United States

Not to be confused with United States congressional apportionment.

Proportional representation (PR) in the United States refers to the multi-winner electoral systems currently used in several cities (usually single transferable vote) and the presidential primary process for the two major political parties in the US. Cities began adopting PR in the 1910s during the Progressive Era. Historically, PR elected Black candidates in an era defined by Jim Crow laws. Since the 2010s, several electoral reform groups have advocated for the use of proportional representation to elect Congressmembers, instead of the current winner-take-all plurality system.

Background

United States House of Representatives seats are elected by plurality vote (whoever gets the most votes wins). House seats in Maine and Alaska use ranked-choice voting (RCV) instead of plurality voting.[1] Since the late 1960s, all House congressional districts have been single-member districts.[2] The current first-past-the-post (FPTP) system does not require a proportional number of seats in relation to votes, and seat allocation may vary widely from votes cast.[3]

Since 1913, after the ratification of the 17th Amendment, US senators have been elected by plurality vote in at-large, statewide elections.[4] Some states use runoffs[5] or RCV[1] instead to elect senators by a majority instead of a plurality. According to a 1992 DOJ memorandum opinion, Senate races must be at-large and may not be broken into two single-member district races.[6]

The president of the United States cannot be elected directly via proportional representation, since the seat is inherently single-winner. In parliamentary systems, the legislature, which may be proportionally elected, chooses the prime minister. The United States is a presidential system with a separation of the legislature and executive. Many Latin American countries elect their legislatures through party-list proportional representation[7] and hold a direct popular vote for president, such as Peru, Chile, and Costa Rica.

Multiple states ban ranked-choice voting for local elections,[8] which prevents the use of single transferable vote (STV), but not necessarily party-list or MMP systems. Municipalities' ability to alter electoral systems depends on home rule laws.[9] In Minnesota, cities are either statutory or charter cities, and only charter cities are currently able to implement any ranked-choice voting systems.[10]

History

When the United States Constitution was written, modern PR had not been invented (STV was invented in 1819[11] and first used in 1856[12]). According to Robert Dahl in How Democratic Is the American Constitution?, winner-take-all was the "only system [the founders] knew."[13]

The earliest known essay for proportional representation in the United States was written in 1844 by printmaker Thomas Gilpin and dedicated to the American Philosophical Society. The article argued for "minority representation"[a] in Philadelphia elections in a manner that resembles contemporary party-list systems. Gilpin suggested a Native American party could form under PR as a part of a larger coalition.[14][15]

In 1867, Simon Sterne presented a proportional representation system to elect members of the New York state legislature during the state's constitutional convention on behalf of the Personal Representation[b] Society of New York. His proposed system would have used a unique "proxy" system with flexible number of legislators and disproportionate voting power among representatives. His proposals were not adopted.[16][17]

Progressive era

The Progressive movement of the early 20th century advocated for a variety of electoral reforms, including proportional representation.

Above is the share of seats after 1904 United States House of Representatives elections. Republicans won 251 seats (65% of total) despite winning 54.58% of the vote.
John R Commons argued in Proportional Representation that the seat results would be much different if the seats were allocated proportionally.[3]

Famous reformers such as John R. Commons advocated for proportional representation to undermine gerrymandering and to elect Black politicians.[18]

Proportional representation cannot be secured where but one candidate is elected in a district. He is the representative of the majority and not of all. The single-membered district system, which is almost universal in the election of representatives, is an historical accident, and not a rational device for representation or modern lines. In feudal and colonial times, when it was adopted, it happened that each organized interest lived by itself in a given territory. Each guild of handworkers had its own ward in the town, and therefore the alderman of the shoe-makers happened to be the alderman of the shoe-makers’ ward. Suffrage was limited to those who belonged to the guild. Also the farmers were only farm owners and not farm laborers. Now, when suffrage is universal, ward and district lines have lost their meaning.

— John R. Commons, Proportional Representation (1902)

Populist former-Senator William A. Peffer described proportional representation as a "tenet of the People's party creed" in the Advocate in 1897.[19] In the 1898 Populist convention in Topeka, the adopted platform stated, "We demand that the initiative and referendum be embodied in our state constitution and favor proportional representation."[20][21]

In 1913, an initiative to elect representatives via open party-list proportional representation in Los Angeles failed, receiving 48.2% of the vote.[23] The campaign was marked with infighting between socialists who wanted to expand their representation and progressive Republicans who wanted to undermine party influence.[24][23] A chunk of the progressives were also hesitant to ally with anti-capitalists after a bitter election two years prior.[25]

The Proportional Representation League advocated for the use of single transferable vote, a ranked-choice, proportional vote system, in cities in the 1890s[26] and the early 20th century.[27] The league preferred at-large proportional representation as opposed to district models.[28] In 1932, the Proportional Representation League merged into the National Municipal League, now known as the National Civic League.[29] The National Municipal League endorsed a move toward the city manager plan and STV in 1914.[30] In Ashtabula, the transition to a city manager plan and PR were seen to go together, as there was concern that a plurality voting system would result in only one party appointing the city manager.[31]

Between 1915 and 1962, 22 cities used STV, including Cincinnati, Sacramento, and most notably New York City.[32] The first city to use PR the US was Ashtabula, Ohio in 1915 via referendum.

Progressives in LA were set to vote for their preferred system, STV, in 1922, but the Supreme Court of California struck down Sacramento's STV system days before the election.[25]

Kalamazoo, Michigan used PR for two elections before the Michigan Supreme Court overturned the system.[28]

In Cincinnati, the City Charter Committee was formed to pass a citywide ballot initiative to institute PR without Republican machine support.[33] Cincinnati's 1925 City Council election had a threshold of 10% of the vote (including after transfers) for a candidate to be elected to one of the nine seats. This required a candidate to receive 11,974 votes.[22] Candidates who were endorsed by the two main factions (Republicans and the Charter) won their races in 1927. The Republicans performed best in the 1929 election after endorsing nine candidates for the city council.[33]

In January 1929, Representative Victor L. Berger introduced a bill to elect the US House of Representatives by proportional representation.[34][35] The bill did not pass, and Berger died in August the same year in a trolley accident.[36]

Instructions for how to vote for Baruch Charney Vladeck, a member of the American Labor Party in the 1937 New York City Council election. The political ad was run in the New York Daily News, November 1, 1937.
In the wake of the Walker scandal, Fiorello La Guardia advocated for a successful referendum to replace gerrymandered districts with STV.[37]

New York City's first election using PR was in 1937. The city used a quota system, wherein each borough was entitled to one councilmember for every 75,000 votes cast (plus one more for a remainder of 50,000 or more).[38] Ballot guides were widely distributed during the election, and the system was credited for making it easier to prevent vote tampering and a having a higher percentage of votes going to elect a candidate than the previous single-member district system.[39]

Decline in 1940s-1960s

Proportional representation fell out of favor and began to be repealed after racial and political minorities began to win seats.[27] Initially, most repeals came from court challenges or state repeals without input from local voters.[40] Fear of Black mayors and councilmembers, as well as the Second Red Scare, led to successful referenda against PR.[41]

In his book More Parties or No Parties, Jack Santucci argues STV struggled with vote leakage (voters ranking very different parties close to each other) and was more susceptible to repeal than party-list systems. Reformers in the 1910s had strong anti-party sentiment that conflicted with party-list systems,[42] and the media branded party-list as "socialist," particularly during the failed 1913 Los Angeles charter campaign.[24]

Cambridge has consistently used proportional representation since 1941-- the only city from the era to do so.[43][44][41]

Attempted Electoral College reforms

Main article: Article Two of the United States Constitution § Clause 2: Method of choosing electors

Article Two of the Constitution states "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...", which has generally been taken to mean that changes to the way states allocate electoral votes (EVs) would have to be passed by states (via legislatures or initiatives) or by a constitutional amendment.[45] According to McPherson v. Blacker, states have plenary power in selecting the method of appointing electors.

If Humphrey's method were applied to the 1956 election, it would have given Stevenson 130 more EVs (204 total), resulting in him receiving 38% of the total.
Since the Lodge-Gosset method did not award 2 EVs for statewide winners, smaller states (such as the Dakotas) would allocate more votes for non-statewide winners.

The Lodge-Gosset amendment was a proposed constitutional amendment that passed the Senate in 1950 that would have retained the Electoral College but require each state to allocate its electoral votes proportionally. To be elected, a presidential candidate would need to win at least 40% of the total EVs.[46] Louis Lautier argued via the NPAA that the amendment would hurt African Americans' swaying power as an interest group in swing states, primarily due to disenfranchisement in the South (pre-Voting-Rights-Act) preventing a counterbalance in the vote for president.[47]

In early 1956, then-Senator Hubert Humphrey proposed an amendment to the Constitution in which 2 EVs would be given for the winner of a state's popular vote (96 total, before the addition of Alaska and Hawaii) and the rest (435) would be allocated proportionally according to the percentages of the nationwide vote.[48] The proposal passed the House but not the Senate.[49]

In 2004, voters rejected an initiated amendment to the Colorado state constitution that would have allocated its EVs proportionally with the state's popular vote and retroactively applied the system to the 2004 election occurring the same day.[50][51] Major politicians from both parties (Republican Gov. Bill Owens and the two candidates in the Senate race) opposed the initiative, and opponents argued it would eliminate Colorado's swing state character.[52] One study found that had Colorado allocated its electoral votes proportionally in the previous election, the presidency could have gone to Gore (270-268) if Barbara Lett-Simmons chose not to be a faithless elector.[53]

Contemporary usage

Currently, multi-member elections for Congress are banned under the Uniform Congressional District Act.[54][55] The act was intended to ban general tickets[27] (a type of block voting[c] currently used in the Electoral College) for congressional races, which had been controversial since the 1840s,[56] but it also banned proportional systems.

Presidential primaries

Following the controversial 1968 election, the DNC created the McGovern–Fraser Commission to democratize the presidential nomination process.[57] The commission supported using proportional representation for delegate selection and agreed with the DNC's decision to ban winner-take-all primaries.[58]

Proportional representation is currently used to elect pledged delegates to the Democratic National Convention.[59] Candidates must receive at least 15% of the vote to receive delegates.[60][61] Single transferable vote (proportional ranked-choice voting) was used in four states in the large 2020 Democratic primary, including in Kansas,[62][63] which saw an increase in turnout.[64]

Currently, the Republican National Committee leaves delegate selection processes to the states, resulting in a variety of systems for the Republican Party presidential nomination process. Some states use proportional representation, a plurality use proportional representation with a winner-take-all trigger after a threshold is reached, and some states use a true winner-take-all system.[65][66] In the 2024 Republican presidential primary elections, Nikki Haley received 19.7% of the vote and 97 delegates (4% of the total delegates).[67]

Return in municipal government

Multiple cities use proportional representation to elect their city councils,[37] including Portland, Minneapolis,[68] Charlottesville,[69][70] and Cambridge.[68] Portland's form of STV elects candidates who reach a victory threshold, but it does not ensure party proportional representation due to the races being formally nonpartisan.[71] Portland first used STV in its 2024 city council election.

Newburgh, New York adopted proportional ranked-choice voting (STV) to resolve a New York Voting Rights Act violation in February 2026.[72] Newburgh had previously elected all five members of its town board members at-large via block voting.[73] The town is currently the first in New York (since the repeals) to use STV. The new system only elects two representatives at a time, resulting in a higher threshold than Portland's races. The transition is expected to elect Black and brown representatives.[74][75]

Contemporary support and opposition

According to a September 2024 poll commissioned by the American Academy of Arts and Sciences of 3200 eligible voters, 63% of Americans supported a reform to increase the number of political parties, including a majority of Democrats, independents, and Republicans.[77] A Centiment study funded by FairVote found 66% of Democratic Illinois voters supported using proportional ranked-choice voting in the 2028 Democratic presidential primaries.[78]

Support

Reform groups such as FairVote,[80] Protect Democracy,[81] and Fix Our House advocate for proportional representation for federal races. More Equitable Democracy advocates for electoral reform as a way of achieving racial equity.[82]

Every Congressional session since the 115th United States Congress, Congressman Don Beyer has introduced the Fair Representation Act,[83][84] which would split states into multi-member districts that would elect 3-5 representatives using STV, similar to the Dáil Éireann (lower house in Ireland). Representative Sean Casten's Equal Voices Act would expand the size of the House of Representatives and allow for the optional use of multi-member districts.[85][86][87]

The ProRep Coalition advocates for use of proportional representation in the California state legislature via ballot initiative,[88] citing increasing poverty, perceived lack of representation for left-of-center ideas in the Democratic Party, and lack of Republican influence on state legislation.[89] The coalition consists of third parties such as the Green Party, Libertarian Party, Forward California, and the American Solidarity Party,[90] as well as advocacy groups such as Represent Women, Californians for Electoral Reform, and Cal RCV.[90]

Opposition

In January 2026, House Republicans introduced the Make Elections Great Again Act, which would prohibit ranked-choice voting for federal elections (prohibiting STV) and prohibit any federal system that "permits a voter to vote for more than one candidate for the same office."[91][92] No modern sitting federal Republican politician has endorsed federal legislation to enact proportional representation.[93]

New York University School of Law professor Richard Pildes argued that political tensions are not inherent to first-past-the-post (FPTP) systems, and he said that the tensions surrounding Brexit were an aberrance in the political climate of the United Kingdom. He also questioned how many parties would form without reform to the Senate. Pildes suggested state legislature multi-member district (MMD) reform efforts to be a better starting place than federal races and recommended nonpartisan reforms to the primary process instead.[94]

According to the American Academy of Arts and Sciences, some lawmakers elected through winner-take-all elections were hesitant to change the system under which they had been elected, and one said that implementation of PR might require a delay period to pass.[77]

Effects

For general effects of proportional representation, see Proportional representation § Advantages and disadvantages.

Historical

PR prevented vote splitting and undermined the effects of political machines in cities that used it in the 1920s.[28]

In New York City, under STV, 80% of legislation was passed unanimously.[95] In the 1939 election, Genevieve Earle formed a multiracial women's committee to attempt to elect a Black candidate that she had beaten the previous election. Commentators said this showed no resentment between the two.[95]

Race

According to Hoag, PR undermined the Ku Klux Klan's ability to enter and control government in Ashtabula and Cleveland in the 1920s, since they did not have majority support.[96] In Cincinnati, Black residents consistently elected 2 (out of 9) Black councilmembers under PR, a disproportionate result for the city's demographics. After the repeal in 1957, the city did not have two Black councilmembers concurrently until 1992.[97] The first Black candidate to win an office in Toledo, Ohio was elected via single transferable vote in 1945.[98]

Following a 2017 Voting Rights Act (VRA) lawsuit, Eastpointe, Michigan changed its electoral system from block voting to single transferable vote with a 33.3% threshold.[100][101] Pastor Albert Rush of Immanuel United Methodist Church expressed concerns over the original proposal to retain FPTP but remain in compliance with the VRA by drawing single-member districts and creating a "Black ward" similar to minority-majority districts used for Congressional races. He characterized racial wards as "a step backward."[102] According to More Equitable Democracy, VRA lawsuits can be lengthy and expensive.[9]

Portland, which had been typically run by white men under FPTP, elected a majority POC city council in 2024 under STV.[103]

Women's representation

In Portland's 2024 election, women won 50% of the seats. Previously, only 10 women had ever been elected to the city council.[103]

Number of parties

In Ohio, of the five cities that adopted PR, only one had a minor party enter city council (one seat in Ashtabula). Cities in Ohio had a de facto two-party system (as opposed to one-party rule that had preceded the change) and not a multi-party system. In New York City, multiple parties arose due to large, diverse interests competing for seats.[41]

Proposed

Federal

Proponents of federal proportional representation argue it could give more electoral sway to minority groups who do not currently live in majority-minority districts.

PR may also expand national focus from swing races to unrepresented groups, such as Republicans in Democratic congressional districts.[93]

PR elections could introduce three or more political parties to Congress, requiring collaborative coalitions to elect a Speaker of the House.[105][93][94]

  • Sample ballot for the first election using proportional representation in the United States in 1915
  • Election officials count ballots for the first PR election for public office in America in Ashtabula, Ohio
  • The first American election using STV for a labor organization (Women's Trade Union League) in June 1919
  • During the 1925 Cincinnati City Council election, vote tallies were tabulated on a large blackboard. Spreadsheet software had not yet been invented and computers were not involved in election tabulations.[22]
  • Charter Commission political ad explaining how to vote for endorsed candidates in the 1927 Hamilton, Ohio City Council election
  • The Charter Commission of Hamilton, Ohio advocate against a repeal of PR in 1929 and for the city council to continue to be run in "non-political form."
  • Election workers count STV ballots for the 1937 New York City Council election
  • Anti-PR political advertisement in the Toledo Union Journal

See also

Notes

  1. ^ "Minority representation" as used by 19th century electoral reform advocates referred to minority political parties or opinions, not ethnic minorities, and can be seen as a synonymous with "proportional representation."
  2. ^ Early reformers called proportional representation "personal representation" after Thomas Hare's nonpartisan reform ideas during his invention of STV.
  3. ^ Reformers in the 1910s sometimes called block voting "proportional representation" due to its election of multiple representatives, but it is now understood as a form of multi-member plurality voting since it does not ensure representation for smaller political parties.

References

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