Here are some thoughts I penned with my colleague, Leo Villalon, two years ago regarding the launch two years ago of our US State Department exchange with voting and elections experts in six West African countries.
…in Ghana (West Africa).
For all of you Floridaphiles (or Floridaphobes), don’t worry…I’m working on a paper examining the popular support for Amendments 5 & 6 in Florida.
And for those of you interested in nonpartisan election commissions and the allocation of parliamentary seats in Africa, by all means, plow ahead.
In February, 2011, the Ghana Statistical Service (GSS)
released provisional results of the 2010 Population and
Housing Census. All eyes are now on Ghana’s National
Electoral Commission (EC), as it is constitutionally required
to use the new census data to determine the allocation,
demarcation, and apportionment of parliamentary
constituencies in the country. In this essay, I attempt to
address—from an admittedly Americanist standpoint1—
questions pertaining to legislative representation in Ghana.
I argue that the EC is uniquely equipped to carry out its
constitutional duty to prescribe the boundaries of the
country’s parliamentary constituencies, as mandated under
Article 47 of the 1992 Constitution. Yet, as the EC embarks
upon its re-demarcation and reapportionment duties, there
is good reason for Ghanaians of all political stripes to be
concerned. The EC’s decision in 2003 to create 30
additional parliamentary constituencies based on the
boundaries of administrative districts is fraught with unsettling
representational and political ramifications, yet it has not
received the kind of critical scrutiny it deserves.
By no means is this essay an attack on the Electoral
Commission. Since the commencement of Ghana’s 4th
Republic, on a range of contentious issues—from the
maintenance of the voters’ register and distribution of voter
registration cards, to staffing polling stations and tabulating
and announcing the final vote, to current considerations of
overseas voting and biometric ID cards—the Chairman of
the EC, Dr. Kwadwo Afari-Gyan, and the EC staff have
continually stepped up to the challenge. Of course, the EC
is not without its critics. Nevertheless, the EC is the envy of
democracy advocates throughout the sub-region and
beyond, as outsiders recognize the many institutional benefits
of having a permanent, independent, nonpartisan elections
commission overseeing the electoral process.
As a scholar whose nonpartisan interests are informed
by democratic theory and questions of representation,
my concerns with the allocation and demarcation of
parliamentary seats in Ghana today remain as ardent as
when I first broached the topic a decade ago.2 I restrict
my comments here to the EC’s immediate task of
demarcating and apportioning parliamentary seats in
Ghana. I begin with comparative insights on the
redistricting process in the American states, discussing
the partisan task of drawing single-member legislative
districts. I then discuss the EC’s decision in 2003 to
apportion 30 new parliamentary constituencies, using
existing administrative districts—rather than the
“population quota”—as its guiding principle. In doing so,
I analyze how the EC’s rationale may be exacerbating
the problem of malapportioned parliamentary seats. I
use the GSS’s preliminary Census 2010 data, as well as
administrative district data across the 10 regions, to
conduct an analysis of the current distribution of
parliamentary seats in the country. My research reveals
the unequal allocation of parliamentary seats across the
country with respect to their populations. I conclude by
discussing some of the representational and political issues
stemming from the EC’s rationale to use administrative
districts to allocate parliamentary seats.
Full essay available here
Now this is what “threats, harassment, and reprisals” look like when government regulations “seriously chill speech and association,” as attorney Jim Bopp and the plaintiff’s in Doe v. Reed failed to show when challenging the state of Washington’s public release of signed petitions for Referendum 71, an effort by social conservatives to repeal the legislature’s bill granting same-sex civil union protections.
In fact, if the politically-motivated arrest of a supporter of Referendum 71 in Washington for suspicion of murder had occurred, U.S. District Court Judge Benjamin Settle likely would have supported an as-applied challenge to Washington’s Public Records Act. But alas, as Settle noted, “… if a group could succeed in an as-applied challenge to the PRA by simply providing a few isolated incidents of profane or indecent statements, gestures, or other examples of uncomfortable conversations that are not necessarily even related or directly connected to the issue at hand, disclosure would become the exception instead of the rule.”
There are laws against threats and intimidation; and harsh criticism, short of unlawful action, is a price our people have traditionally been willing to pay for self governance…Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed. For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the Home of the Brave.
Rather than a threat to individual liberty, public disclosure is a bulwark against government oppression, as we’re seeing in Equatorial Guinea.