One of the strenghts of d'Hondt is that it can also be used to elect some, rather, than all seats.
The Welsh Assembly, Scottish Parliament and Greater London Assembly all use a system called the
Additional Members System. This has a two-stage approach:
- there are constituencies which elect by First Past the Post
- then d'Hondt is used to elect additional members in the relevant electoral areas.
For the Welsh Assembly, the constituencies are the same as those which will be used to elect the Welsh MPs at the next general election. For the Scottish Parliament, they are those used at the May 1997 and June 2001 elections to the House of Commons (although Orkney & Shetland was divided into two).
The Greater London Assembly has its own constituencies which bear no relation to the ones used for the House of Commons.
When you vote, you traditionally had two ballot papers- one for the constituency, where you voted for a candidate; and one for the electoral area, where you voted for a party list or an Independent.
One example of this is the Lothians electoral area for the Scottish Parliament. In the May 2007 elections, the leading party votes were:
- Scottish National Party- 76,019
- Labour- 75,495
- Conservatives- 37,548
- Liberal Democrats- 36,571
- Green- 20,147
- Margo MacDonald- 19,256
Now, I'm being very flexible in the use of the term "party". MacDonald was SNP MP for Glasgow Govan from a by-election in November 1973, when she won it from Labour, until losing it to Labour in the February 1974 general election. In May 1999 she was elected to Lothians as an SNP MSP (Member of the Scottish Parliament), but quit the SNP in January 2003. In May 2003 she stood for, and was elected to, the Scottish Parliament as an Independent, with a "party list" which had one candidate- herself.
So, those are the votes. But we don't start the d'Hondt process straight away.
Instead, although there are 16 seats to be filled, 9 of them are single-member constituencies, And the winers are:
- Labour- 4 (Edinburgh Central; Edinburgh North & Leith; Linlithgow; Midlothian) with the winners being Sarah Boyack (who had held Edinburgh Central from May 1999, and was Minister for Transport & the Environment from May 1999 to Oct 2000 and Minister for Transport from Oct 2000 to Nov 2001); Malcolm Chisholm (who had held Edinburgh North & Leith from May 1999, having been MP for Leith from April 1992 to May 1997 and for Edinburgh North & Leith from May 1997 to June 2001. He was Minister for Health from Nov 2001 to Oct 2004 and Minister for Social Justice from Oct 2004 to Dec 2006); Mary Mulligan (who had held Linlithgow from May 1999); and Rhona Brankin (who had held Midlothian from May 1999).
- SNP- 2 (Edinburgh East & Musselburgh; Livingston), both seats won from Labour, with the respective winners being Kenny MacAskill (who had been an MSP for Lothians since May 1999) and Angela Constance (becoming an MSP for the first time)
- Liberal Democrats- 2 (Edinburgh South; Edinburgh West), with the winners being Mike Pringle (who had held Edinburgh South since winning it from Labour in May 2003) and Margaret Smith (who had held Edinburgh West since May 1999)
- Conservative- 1 (Edinburgh Pentlands), held by David McLetchie, who had been elected as a Lothians MSP in May 1999 and won Edinburgh Pentlands from Labour in May 2003. McLetchie was leader of the Conservative MSPs from May 1999 to October 2005).
So, we can start d'Hondt by dividing the SNP vote by 3, Labour by 5, Conservatives by 2 and Liberal Democrats by 3, giving us, as the starting point:
- SNP- 25,340
- Green- 20,147
- MacDonald- 19,256
- Conservative- 18,774
- Labour- 15,099
- Liberal Democrat- 12,190.
And the remaining 7 seats need to be filled.
The first of these goes to the SNP. Now, top of the list is MacAskill. However, you cannot be an MSP for more than one seat, so the seat goes to number 2 on the list- Fiona Hyslop. She has been an MSP for Lothians since May 1999, and contested Linlithgow, where she came second.
As the SNP now has 3 MSPs, the new quota is one quarter of their vote- so is now 19,005.
Next it's the Greens, with Robin Harper, who has been an MSP for Lothians since May 1999, re-elected. And the Green quota becomes 10,074.
The third additional seat goes to MacDonald, and as everyone on that list (one person!) has been elected, this list can be ignored for the rest of the calculation.
The SNP now has the highest quota, so the fourth additional seat goes to Ian McKee, who was third on the list. He contested Edinburgh Pentlands, where he came third (albeit very close to pushing Labour into third place). This is his first time as an MSP.
With 4 MSPs, their new quota is one fifth of their vote- now 15,204.
Hence, the fifth additional seat goes to the Conservatives, with Gavin Brown becoming an MSP for the first time. He was actually second on the Conservative list (McLetchie was first) and came fourth in Edinburgh South.
So, the Conservative quota is one third of our vote- now 12,516.
The sixth additional seat goes to the SNP, and is filled by Stefan Tymkewycz, who was fifth on the SNP list (Constance, the MSP for Livingston, as fourth on the list). He resigns from the Scottish Parliament in August 2007, and the following month Shirley-Anne Somerville (sixth on the list) becomes an MSP.
With 5 MSPs, the SNP quota is one sixth of their vote- now 12,670.
That gives the final seat to Labour, whose list is headed by George Foulkes. He was MP for Ayrshire South from May 1979 to June 1983, and for Carrick, Cumnock & Doon Valley from June 1983 to May 2005. After retiring from the House of Commons, he became a member of the House of Lords.
So, the total number of MSPs is:
- SNP- 5 (2 constituency, 3 additional)
- Labour- 5 (4 constituency, 1 additional)
- Conservative- 2 (1 constituency, 1 additional)
- Liberal Democrat- 2 (both constituency)
- Green- 1 (additional)
- Independent- 1 (additional)
The first thing to notice is that the Liberal Democrats gained more votes than the Greens or MacDonald, but, unlike them, didn't pick up any additional seats. This is because the Liberal Democrats had enough constituencies.
It is important to note that the number of MSPs elected depends on both the consituency results and the overall vote. To take an extreme example, suppose that Labour won the 8 constituencies it did in May 1999- all of these except Edinburgh West, which was won by the Liberal Democrats.
If this were to have happened, then the result would have been:
- Labour- 8 (all constituency)
- SNP- 4 (all additional)
- Conservative -1 (additional)
- Liberal Democrat- 1 (constituency)
- Green- 1 (additional)
- Independent- 1 (additional)
In which case, Labour would be 3 seats better off, and the SNP, Conservatives and Liberal Democrats all 1 seat worse off.
If all 16 seats in Lothians had been elected by d'Hondt, then the result would be the same, in term of number of seats, as the real result. However, this result was only obtained due to a couple of constituencies being lost, narrowly, to the SNP.
AMS has a slight bias (or at times, a large bias) towards parties that win constituencies.
There is a second thing to notice, which is often cited as an unfairness in AMS. And this comes in two parts.
The first part is to notice what happens to MacAskill, McLetchie and Constance. Yes, they were elected in constituencies, but notice that they were skipped over when the additional seats were being allocated. The important thing with this is that if Labour had won these constituencies, it wouldn't have mattered for these 3 MSPs, as they would all have been elected on their party lists.
The second part is to note that in May 1999, MacAskill and McLetchie were elected as additional MSPs, and they later went on to win constituencies. This is sometimes seen as a problem, in that someone can be elected on a list, and then concentrate on a constituency, aiming to win it.
The first part was dealt with, in Wales, by the Government of Wales Act 2006, so that you can stand in a constituency or on a party list, but not both. The Government report notes, however, that this could lead to a party running weak candidates in seats it might not do well in, in order to save the better candidates for the list.
There seems to be little to do to stop an additional MSP nursing a constituency they want to win, except by ruling that those who are sitting party list members at the time of the election cannot be candidates in constituencies.
There is a third thing to notice with AMS, and the thing to do is to look at Foulkes. Why is he an MSP? Well, because Labour won a list seat and he was top of the list.
But, why did Labour win a list seat? Because they only won 4 constituencies! If one of the constituencies won by the SNP had been held by Labour, then the SNP would have 4 (rather than 3) additional members. The overall result would not have been affected though.
And this is a good example of why, if you are at the top of a party list and are not contesting a constituency, it might be in your best interest to see your party fail to win some constituencies.
There is a very dramatic example of this. In October 1998, Ron Davies, at the time the Welsh Secretary, had a "moment of madness" on Clapham Common (he was not badger-watching at the time) and resigned from the Cabinet, being hastily replaced by Alun Michael.
This created a problem. All Labour's constituency candidates for the first election to the Welsh Assembly in May 1999 had been chosen. Michael was MP for Cardiff South & Penarth, and it would not be fair to ask Lorriane Barrett, the Labour candidate (who has held the seat in the Welsh Assembly since then) to step aside. So, Michael was placed at the top of the party list in Mid & West Wales.
When the election happened, Labour won only one additional member, and that was in Mid & West Wales! And the reason they were able to do this was because Plaid Cymru's Rhodri Thomas (who has been Minister for Culture & Heritage since July 2007) narrowly won Carmarthen East & Dinefwr (which, at the time was held by Labour in the House of Commons).
What was quickly noted was that if Labour had won Carmarthen East & Dinefwr, then they would have been entitled to no additional members, and so Michael would have failed to be elected to the Welsh Assembly, and would be ineligible to become First Minister.
A fourth thing to notice about AMS is that the number of additional members a party gets depends on the number of constituencies it wins. A party could exploit this by running its constituency candidates and the party list under different parties, or by running its constituency candidates as Independents.
While in some countries, there are parties which abuse the system by having "shadow" or "decoy" parties in one part of the AMS structure, this could arise legitimately.
Look at the two Liberal Democrat seats. Well, the Liberal Democrats date from the merger of the Liberals with the Social Democratic Party in March 1988. But, suppose this didn't happen, and the Liberal/SDP Alliance remained in force.
Further, suppose that Pringle and Smith are elected as Liberal MSPs, and that the Liberals do not run a party list in Lothians- but the SDP do! In which case, when the d'Hondt part is run, it will start from assuming the SDP has no constituencies- which would be correct.
Then the result is:
- SNP- 4 (2 constituencies, 2 additional)
- Labour- 4 (all constituencies)
- Liberal/SDP Alliance- 4 (2 constituencies, 2 additional)
- Conservatives- 2 (1 constituency, 1 additional)
- Green- 1 (additional)
- Independent- 1 (additional)
So, effectively, the SNP and Labour would each lose a seat to the SDP.