Much of the opposition to Ontario’s election reform referendum has centered around the “unaccountable elites” who will occupy list seats. Why didn’t the Citizens’ Assembly opt for a more ostensibly democratic institutional design?

Mixed member proportional representation comes with two tiers or groups of seats. One includes the single-member districts we all know and love. Another group of seats is allocated to candidates on province-wide lists. Seats in this second group go to parties in order to make overall seat shares proportional to parties’ province-wide vote shares (here determined from the second list votes that voters would cast).

One could think of any number of ways to decide who gets onto the lists. One way is to have open lists. That is, voters decide which nominees are more likely to win seats by ranking or checking off individuals in the lists. Another way is to have closed lists where parties decide.

And one could think of a number of ways to make that internal decision-making process more or less democratic; the Citizens’ Assembly largely left these details for later. Opposition to MMP nonetheless has zeroed in on the fact that these members will be chosen by parties, not by voters in ridings. They will be unaccountable elites, to borrow the dominant frame.

At Fruits & Votes, Chris Lawrence “wonder[s] why the citizens’ commission didn’t propose an open list system rather than a closed list for the PR tier.”

According to the Citizens’ Assembly’s final report (pp 125), closed lists were chosen to make lists more representative and the ballot easier to use:

The groups also agreed that the party lists should be closed,although some individual members supported open lists. With closed lists, each party prepares an ordered list of candidates. Starting from the top of the list, the party’s candidates are elected and fill the party’s share of list seats. Some groups were in favour of stipulations for creating party lists, but the Assembly would discuss specific stipulations in Weekend Three. Members felt that a closed list, with some stipulations, would be simpler and more transparent than an open list, and more likely to increase representation of women and other under-represented groups.

In a sense, insulation from the demands of democratic popularity would have freed parties’ hands to construct fairer lists.

As far as the concern about elites goes, one observer notes that party leaders choose who gets to run in each riding anyway. My inclination is to corroborate this. I do not remember witnessing any primary elections in Canada - other than leadership elections - and Google searches are not (yet) showing any evidence that Canadians have primaries to determine who will stand in individual ridings.