Elections
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ABSTRACT

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ballot battles
In Ballot Battles, Edward Foley presents a sweeping history of election controversies in the United States, tracing how their evolution generated legal precedents that ultimately transformed how we determine who wins and who loses. While weaving a narrative spanning over two centuries, Foley repeatedly returns to an originating event: because the Founding Fathers despised parties and never envisioned the emergence of a party system, they wrote a constitution that did not provide clear solutions for high-stakes and highly-contested elections in which two parties could pool resources against one another. Moreover, in the American political system that actually developed, politicians are beholden to the parties which they represent - and elected officials have typically had an outsized say in determining the outcomes of extremely close elections that involve recounts. This underlying structural problem, more than anything else, explains why intense ballot battles that leave one side feeling aggrieved will continue to occur for the foreseeable future. 

 

SPEAKER BIO

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foley
Edward Foley directs Election Law @ Moritz at Ohio State’s law school, where he also holds the Ebersold Chair in Constitutional Law. His book Ballot Ballots: The History of Disputed Elections in the United States, published by Oxford University Press, was available as of December 2015. Ned also serves as the reporter for the American Law Institute’s Election Law Project, which is developing nonpartisan rules for the resolution of disputed elections. (The American Law Institute is the well-respected professional society responsible for the Restatements of Law and the Model Penal Code, among many other projects.) While Ned has special expertise on the topics of recounts, he is conversant in all topics of election law, including redistricting and campaign finance, and recently co-authored a casebook Election Law and Litigation: The Judicial Regulation of Politics (Aspen 2014), which covers all aspects of election law. He and his casebook co-authors also have a contract with Oxford University Press to write a treatise on election law—remarkably the first of its kind in the United States in over a century. He is also a co-author of From Registration to Recounts: The Ecosystems of Five Midwestern States (2007).

 

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In a Q and A with The Stanford Daily, CDDRL Program on Arab Reform and Democracy Visiting Scholar Amr Hamzawy remarks on his time in the Egyptian parliament and the factors that led him and his family to leave the country for America. 


Amr Hamzawy is a visiting scholar at Stanford’s Center on Democracy, Development, and the Rule of Law (CDDRL) and an associate professor of political science at Cairo University. Before arriving at Stanford, Hamzawy played critical roles in the Egyptian political scene, both during and after the Arab Spring — including a term in the first parliament elected after Egypt’s 2011 revolution.

The Stanford Daily sat down with Hamzawy to discuss his work at Stanford and the state of Egyptian politics today.


The Stanford Daily (TSD): Why did you choose to spend time here at Stanford, and what’s the focus of your research here?

Amr Hamzawy (AH): Well, I had to leave Egypt. The background is I took a clear position against the military coup. I was in fact banned from travel for a year in Egypt in 2014, which was basically one of the tools the repressive government uses to intimidate opponents. In 2015 my ban was lifted. I was, however, banned from teaching at my home university, Cairo University. The environment was becoming increasingly fascist, increasingly repressive for anyone who expresses a different point of view opposed to the one narrative coming from the ruling establishment. There were increased pressures as far as I [was] concerned, as far as my family [was] concerned. My wife is an actress so she [had] been banned from working as well, and she has been pressured in different ways. So we decided, in fact against our initial wish, to leave Egypt.

What happened was I basically wrote to several colleagues and friends, and my first choice was CDDRL, where [Stanford professor of political science and sociology] Larry Diamond is a very good friend of mine and [Stanford professor of political science and former U.S. Ambassador] Mike McFaul is a very good friend of mine.

Stanford was a choice based on the reputation of CDDRL, my friendship with Mike and Larry and the excellent reputation of the Program on Arab Reform and Democracy, where [research associate] Hesham Sallam is at CDDRL. That’s basically what brought me to Stanford, and I wanted to be as far away as possible from Egypt. I keep saying it’s pretty far, and one of the greatest assets of the time difference is that you wake up and the day in Egypt has passed — so you take bad news in one shot, which is a big difference than following by the minute what is happening and unfolding all day.

In terms of my focus at Stanford, I am writing a book — it’s a research assignment so far — I’m working on a book where the working title is “Egypt’s Illiberal Liberals.” It’s an attempt to look at why the Egyptian middle class, which basically took out to the streets in 2011 to demand political freedom and democracy, decided to to give up on democratization and to once again move in the direction of calling on the military establishment to interfere and freeze pluralist politics.

One of the key issues which I am working on is how liberal, intellectual elites have been able to market the army interference and the military coup as a step to protect the nation state, to save society and to save the Egyptian identity.

 

TSD: You have studied and worked around the world. You completed a Ph.D. in Berlin, and you were also working with the Carnegie Endowment for International Peace in Beirut. How does Stanford compare?

AH: It’s more of a vibrant intellectual environment. Of course I am not undermining the positive assets of my university in Berlin or of Carnegie in D.C. or in Beirut, where in different ways the environment has been inspiring as well.

But as of now, it relates to my role in the last four years because I went through two phases: the first phase where I was part of an attempt to make Egypt a democratic place — prior to 2011, [through] writing primarily, but post 2011… after I was elected to parliament — and a second phase where I [was] basically classified as a state enemy [in] July 2013. In a way, Stanford is an excellent place to reflect on the experience personally and to reflect in more of an objective manner — looking at what went wrong.

The big question in the literature is: Was it doomed to fail — was Egypt going to fail no matter what, or did key actors…commit key mistakes, tactical and strategic mistakes, which led Egypt to where it is today? That is sort of the big debate in the last two years, and Stanford is an excellent place to engage that debate and to try to contribute to it.

 

TSD: You founded a political party in 2011. However, you withdrew from Egypt’s current, 2015 parliamentary elections. Why?

AH: We founded the Egypt Freedom Party in 2011, and our platform has always been a liberal democratic platform — where you can compare our platform to the ideas of liberal parties in Europe or the U.S. — with a clear and pronounced commitment to a market economy and social justice, based on a socially responsible market economy as it’s framed in the European experience.

We fashioned a platform that enabled us to be elected to the “true parliament” — the only true parliament Egypt had in 2011 and 2012…. The level of competition was true, between people representing different shades, old and new. No one should imagine that 2011 eradicated the Mubarak regime. No, the Mubarak elite were very much out there, and it was their right. That’s very much what I believe in: As long as they are not implicated in human rights violations, they should be part of politics. We made the mistake… of trying to ban them from participating in politics. It was a shortsighted decision, which parliament took in 2012, and it backfired. It’s one of the big mistakes which I count as one of my own mistakes within the past four years.

At any rate, the elections of 2011… had the greatest voter turnout in modern Egyptian history of around 60 percent overall.

We had transparent management of the elections. Yes, religion was used, mosques were used, churches were used; but overall, it was a real breakthrough, so we participated, and I was elected to parliament. I tried to advance a democracy-based agenda — tried to push for security sector reform, transitional justice.

Parliament was dissolved six months after it started its work. The Assembly was sent home, and a year of increased tensions between the Muslim Brotherhood and the military establishment ended in a military coup in July 2013, basically freezing pluralist politics. Since then, what we have in Egypt is by no means a democratic environment or even a semi-democratic environment which would encourage someone like me to participate.

The one challenge you face is by participating you justify and legitimate that framework, that autocratic framework. When you participate in parliamentary elections in an autocratic or semi-autocratic setting or in a fascist setting, you have to have clarity with regard to how to weigh legitimating an unjust framework and becoming effective. My calculation is that I’m not going to be effective in the fascist environment, and I will only be used as a legitimating name.

TSD: You are known for criticizing the knee-jerk support that a majority of Egyptian liberals have shown Egypt’s current military regime since the 2013 coup. As a secular, liberal Egyptian yourself, has your criticism cost you any friends?

AH: Yes, many. On a personal note, that was the most shocking development in the last four years… to wake up to see most of [your friend and colleagues] giving up on democratic ideals and siding with the military establishment interfering in governance issues and freezing pluralist politics.

You see some of your friends not only buying into fascism — not only buying into the military dictatorship, but even playing the role of legitimating the dictatorship, of… justifying the bloodshed, justifying the military dictatorship, justifying the one-man show, which is backfiring.

 

TSD: What do you think is the biggest misunderstanding that Americans have about Egyptian politics today?

AH: I guess the biggest misunderstanding is a conventional one, which is to place your bet on the ruling establishment no matter what the ruling establishment is doing. The Americans did place their bet on Mubarak’s ruling establishment up until the very last day of the 18 days [of the 2011 Egyptian revolution], and then they shifted course.

In regards to [former Egyptian President] Mubarak and [current Egyptian President] Sisi you are placing your bet for regional issues, for international security concerns, for terror, on dictators who are basically creating more of an environment for terrorism domestically.

 

TSD: On a lighter note, you are a well-known personality in Egypt and the Arab world. In fact, you are married to an Egyptian movie star. Do people recognize you around the Bay Area?

AH: Yes, they do — Egyptians and Arabs. We were recently in San Francisco, [my wife] Basma and I, and she was stopped, and I was stopped by Egyptians and Arabs recognizing me. On campus, I get recognized by Arab students frequently, and so happily most of them are on our side — they are democracy fans, and so it’s pleasant recognition.

But we are enjoying being not recognized, because the last two years being recognized in a fascist environment as someone who is classified as a state enemy has been very unpleasant. There were incidents where people were shouting at us in the street. There was no physical violence, but you ask yourself, “Why am I doing this?” There are some moments personally which get to be very difficult for you to digest.

 

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Amr Hamzawy presents his talk 'Anti-democratic Deceptions: How Egyptian Liberals Endorse Autocracy' to the CDDRL community. 27 Oct. 2015.
Sadaf Minapara
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In the wake of the recent historic meeting of the leaders of China and Taiwan, the Stanford News Service asked two of the university's Asia experts about the aftermath of that meeting and its possible effects on political relations between the two countries, the military situation and Taiwan's Jan. 16 presidential and parliamentary elections.

The first presidential meeting between the leaders of the communist mainland and the democratic island, split by civil war in 1949, was held in early November on neutral territory in Singapore.

Kharis Templeman is the Taiwan Democracy program manager at Stanford's Center on Democracy, Development, and the Rule of Law at the Freeman Spogli Institute for International Studies. He recently wrote about why Taiwan's defense spending has fallen as China's has risen. Thomas Fingar is a distinguished fellow at Stanford's Walter H. Shorenstein Asia-Pacific Research Center. He served as the chairman of the National Intelligence Council and in other key positions in Washington. 

Do you anticipate any lasting effects from the face-to-face meeting of Chinese leader Xi Jinping and Taiwanese President Ma Ying-jeou?

Thomas Fingar: At a minimum, the meeting appears intended by both sides to validate and lock in the much-improved cross-Taiwan Strait relationship that has evolved over the past several years.

Kharis Templeman: I do think the Ma-Xi meeting itself will have one lasting legacy: it has created a precedent for treating the directly elected president of the Republic of China as an equal and as the rightful representative of Taiwanese interests in cross-strait relations. From now on, leaders in Beijing are going to have a hard time arguing that a non-KMT (the Kuomintang, Taiwan's governing party,) president is illegitimate, as they did during the [former Taiwanese president] Chen Shui-Bian era, or to continue to insist on referring to Taiwan’s leaders as provincial-level officials. So, the next president will come into office somewhat strengthened by that precedent.   

Will the meeting have any effect on the January elections in Taiwan?

Templeman: I don’t think it will make much, if any, difference. Taiwanese public opinion is deeply divided about Ma Ying-Jeou’s meeting with Xi. Ma himself remains quite unpopular, the economy is barely growing, and the KMT presidential candidate remains at least 20 points behind in the polls. There’s little indication that this meeting has shaken up what has been a large and steady lead for DPP (Democratic Progressive Party) presidential candidate Tsai Ing-Wen, and I would be shocked if she didn’t win a comfortable victory in January.

Fingar: Probably not. Beijing seems to have learned that its past attempts to influence elections on Taiwan have been ineffectual or counterproductive, and the meeting is unlikely to change minds or votes on the island. 

How might the elections affect military spending on either sides, or China's aggressive island-building for military bases?

Fingar: The meeting will not have any effect on military spending or the building of artificial islands in the South China Sea, but Beijing may have hoped that agreeing to meet with Ma to demonstrate how "good" the relationship is might persuade Washington not to approve another round of arms sales to Taiwan.  Regardless of who wins the election on Taiwan, the next administration is likely to seek another round of U.S. arms sales in order to prove that it has the support of the United States.

Templeman: The meeting will have no impact on the security balance in the region. Ma reportedly raised the issue of PRC (People's Republic of China) missiles within easy range of Taiwan, but Xi claimed, implausibly, that they were not targeted at Taiwan, and that was the end of it. The broader trends are unchanged: the PRC’s military budget is growing annually by double-digit rates while Taiwan’s remains essentially flat. The consequence is that the PRC’s capacity to take coercive measures against Taiwan continues to expand, even as cross-strait cooperation has been improved and institutionalized.

Dan Stober is at the Stanford News Service.

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Taiwanese President Ma Ying-jeou meets with Chinese President Xi Jinping in Singapore on Nov. 7, 2015.
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The Republic of China on Taiwan has long reserved legislative seats for its indigenous minority, the yuanzhumin. While most of Taiwan’s political institutions were transformed as the island democratized, the dual aborigine constituencies continue to be based on an archaic, Japanese-era distinction between “mountain” and “plains” aborigines that corresponds poorly to current conditions. The aborigine quota system has also served to buttress Kuomintang (KMT) control of the legislature: the Democratic Progressive Party (DPP) and “pan-indigenous” parties have been almost entirely shut out of these seats. Nevertheless, aborigine legislators have made a modest but meaningful difference for indigenous communities. The reserved seats were initially established during the martial law era as a purely symbolic form of representation, but during the democratic era they have acquired substantive force as well. Taiwan’s indigenous peoples have not always been well-served by their elected legislators, but they would be worse off without them.

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At the end of Chen Shui-bian’s two terms as the president of Taiwan, his tenure was widely viewed as a disappointment, if not an outright failure. Today, the Chen years (2000-2008) are remembered mostly for relentless partisan fighting over cross-Strait relations and national identity questions, prolonged political gridlock, and damaging corruption scandals—as an era that challenged, rather than helped consolidate, Taiwan’s young democracy and squandered most of the promise with which it began.

Yet as Taiwan’s Democracy Challenged: The Chen Shui-bian Years documents, this conventional narrative obscures a more complex and more positive story. The chapters here cover the diverse array of ways in which democratic practices were deepened during this period, including the depoliticization of the military and intelligence forces, the ascendance of an independent and professional judicial system, a strengthened commitment to constitutionalism and respect for the rule of law, and the creation of greater space for civil society representatives in the policy-making process. Even the conventional wisdom about unprecedented political polarization during this era is misleading: while elite politics became more divided and acrimonious, mass public opinion on cross-Strait relations and national identity was actually converging.

Not all developments were so positive: strong partisans on both sides of the political divide remained only weakly committed to democratic principles, the reporting of news organizations became more sensationalist and partisan, and the Taiwanese state’s exceptional autonomy from sectoral interests and vaunted capacity for long-term planning deteriorated. But on the whole, the authors argue, these years were not squandered. By the end of the Chen Shui-bian era, Taiwan’s democracy was firmly consolidated. 


 
Yun-han Chu is professor of political science at National Taiwan University, distinguished research fellow at the Institute of Political Science at Academia Sinica, and president of the Chiang Ching-kuo Foundation. Larry Diamond is senior fellow at the Freeman Spogli Institute for International Studies and the Hoover Institution, Stanford University. Kharis Templeman is research associate at the Spogli Institute's Center on Democracy, Development, and the Rule of Law and also manages the institute's Taiwan Democracy Project.
 

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In "The American Interest", Nate Persily discusses the challenge of applying current regulatory frameworks to the world of online campaigns and digital technology. Campaign regulations were created for television, but as Citizens United shows, online campaigns will require different constitutional considerations.

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In an article in "The American Interest", Larry Diamond advocates electoral system reforms, including top-two and ranked-choice voting, as a potential antidote to partisan polarization. Such reforms could decrease the likelihood of extremist candidates, could increase the potential for third-party candidates, and could ensure fewer wasted votes. 

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In an article in the American Interest, Didi Kuo argues that understanding the causes of polarization -- whether rooted in a polarized electorate, or rooted in the ideological extremism of campaign donors and candidates -- has different implications on political reforms. If polarization is an elite phenomenon, institutional and legal reforms have a much greater chance of success. 

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Stephen Stedman argues in 'The American Interest" that efforts to improve American electoral integrity through reforms such as non-partisan election administration can protect the vote and restore public faith in the electoral process. American election administration falls short of international standards for conducting elections, and can be improved in significant ways. 

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