I had the privilege yesterday of joining a two-panel roundtable session at George Washington University's Sigur Center for Asian Studies on the probable outcome and impacts of the upcoming Taiwan elections. Thanks to all who came to the event and asked great questions, and to Bruce Dickson for the invitation to participate.

I've gotten a couple requests for the slides from my presentation; they're linked here.

​The short version of the talk: reform of the Legislative Yuan should be at the top of the priority list for the next president. Outside of Taiwan, the potential twists and turns in cross-Strait relations dominate the conversation and tend to overshadow everything else happening in the domestic arena. But there are a lot of problems facing Taiwan right now that don't directly involve cross-Strait relations.

The incoming administration will face several daunting domestic policy challenges, including:

• a low tax base combined with a highly uneven distribution of the tax burden;
• widespread unhappiness with the Ma administration's China-first economic strategy, but no consensus about what to do instead, and long-standing opposition in the legislature to the kinds of domestic reforms required to enter the Trans-Pacific Partnership;
• a declining defense budget, now at 2% of GDP, and rising personnel costs from the faltering transition to an all-volunteer military force;
• a potential energy crisis driven by rising opposition to nuclear power without development of realistic alternatives. 

Whatever the next administration tries to do, it will face opposition from some corners of the legislature representing vested interests that would lose out under reforms. Under the Legislative Yuan Speaker Wang Jin-pyng, the LY's cross-party negotiation mechanism has in practice given any party caucus--even one with just three members--the ability to block most legislation. So the current system will prevent major changes on any of these issues unless Speaker Wang is replaced and the negotiation mechanism is weakened or abolished. 

If the DPP wins a majority in the legislature, it will have a golden opportunity to reform the party caucus system and make it easier to pass legislation with a simple majority vote. It's critical for their own political future, for Tsai Ing-wen's, and probably for Taiwan's, that they do.​

The Taiwan Democracy Project will hold its next seminar of the fall on December 1, in conjunction with the new U.S.-Asia Security Initiative at the Asia-Pacific Research Center at Stanford. The speaker is Cortez Cooper, a senior international policy analyst at the RAND Corporation. He will be speaking about potential changes in cross-Strait relations and China's security strategy in light of the upcoming 2016 presidential and legislative elections in Taiwan. The event is free and open to the public; you can register at the event page.

​The talk is entitled: "Of Paradigms, Politics and Principles: The 2016 Taiwan Elections and Implications for China’s Security Strategy and Cross-Strait Relations." Details are below.

The Taiwan Democracy Project is holding its annual conference this Monday and Tuesday, Oct. 26-27, at Stanford. The event is open to the public; you can register and find more details here.  The conference description is below.

We're now four months away from the presidential and legislative elections in Taiwan, to be held on January 16th. At this point polls start to tell us something meaningful about how the election will turn out. To my eye, there are three things that stick out:

1. Taiwanese voters care most about the economy, and they overwhelmingly evaluate it as "bad."
A Taiwan Brain Trust poll that came out yesterday reports that about 64% of respondents named economic development as the primary issue in next year's elections--far outstripping government effectiveness (about 17%) and cross-Strait relations (only about 4.5%). 

Another poll from Taiwan Indicators Survey Research ll (TISR) that came out on Monday finds that an astounding 84% of respondents evaluated the overall state of the domestic economy as "bad" ("認為國內整體經濟狀況不好“); only 8% thought it was good. 

The headline numbers in both these polls focus on support for the three major candidates--Tsai Ing-wen, Hung Hsiu-chu, and Soong Chu-yu (aka James Soong). I think they're burying the lede. Economic conditions are a powerful determinant of election outcomes: in general, incumbents get the credit when people think the economic is doing well, and they get the blame when it is not--whether or not they actually have much control over economic outcomes at all. So the fact that most Taiwanese poll respondents are emphasizing the state of the economy, and that the large majority think it is bad, bodes very poorly for the KMT. (Note that this cannot just be Pan-Green supporters expressing discontent about the economy: this is 84% of all respondents. Dissatisfaction with the economy crosses party lines.) 

These results suggest that, like in the local elections in 2014, the KMT is going to be fighting a massive headwind. Even if they had a strong candidate (ahem, Chu Li-lun?) atop the ticket, I would expect them to lose with these numbers. With Hung Hsiu-chu as the nominee, and James Soong running yet another third-party campaign that's offering an alternative to Pan-Blue voters who don't like Hung, the presidential election already looks overdetermined. The KMT is going to lose, badly. And Tsai Ing-wen, by default, is going to win. 

At this point, though, I'd be very cautious about interpreting an impending DPP victory as anything other than a rejection of the KMT. There will inevitably be people in Taiwan and in Washington, DC who will frame this outcome as a repudiation of closer cross-Strait relations with the PRC, or an endorsement of Taiwanese independence. It's time to start beating the drum that the election is not about cross-Strait relations. It's not about independence or unification. It's not really even about a new "third force" of youth activism and social progressive politics. The 2016 election is about the economy. 
  

2. The KMT is really unpopular, but support for the DPP and Tsai Ing-wen is soft.
Dissatisfaction with the KMT is really high right now. Taiwan Brain Trust puts it at 71%, which is a significant improvement from December 2014, when the rate was 80%.

What is more surprising is that the DPP is still not very popular in absolute terms. Throughout 2015, the DPP has had higher negatives than positives in the Taiwan Brain Trust survey results. The most recent poll finds about 45% dissatisfied with the DPP, and 42% satisfied. That's actually a significant improvement as well; for polls in March, April, and June over half of respondents were dissatisfied with the DPP. The TISR results are more positive for both the DPP and KMT, probably because survey uses a "feelings thermometer" to rank the parties on a scale from 0 to 100: the DPP ranks slightly positively with a net score of 52.0, as compared to the KMT's 35.7. That's still not particularly strong given the circumstances. 

Tsai Ing-wen's polling support is also still short of 50%; TISR finds 43.6% of respondents intend to vote for her, which is a new high in recent months. Undecideds and those saying they won't vote combined are still 25% of the electorate. Taiwan Brain Trust puts it a bit higher, at 46.8%.

What this suggests to me, again, is that Tsai and the DPP are positioned to do well in 2016 mostly because they're not Ma Ying-jeou and the KMT. Given how widespread dissatisfaction with the economy is right now, they're going to win a lot of swing votes as the "lesser of two evils." 

3. The NPP might replace the TSU in the legislature.
The Taiwan Solidarity Union has three seats in the current LY. They're the deep green alternative to the DPP, and they've been struggling to hang on ever since the electoral system change in 2008 shut them out of the legislature. They need to pass 5% in the party list vote to get seats, which they did easily in 2012, winning 8.96%. They're currently polling at less than half that: they're at about 4.1% in the Taiwan Brain Trust poll. They're being outpolled now by the New Power Party (時代力量), at 6.8%, and James Soong's People First Party at 5.6%. 

There's a real possibility that the NPP takes a lot of votes from the TSU, passing the PR threshold while the TSU doesn't, and effectively replacing it on the deep green end of the political spectrum. It's notoriously difficult to poll support for small parties, so treat these as very rough estimates. The NPP is deliberately trying to appeal to young voters, who turn out at lower rates and are less predictable in their voting patterns than older generations. For another, the NPP is actually cooperating with the DPP in its district nominations--I'm not sure how this might affect the party list vote. 

(A third reason to be wary of the Taiwan Brain Trust numbers on the small parties: Hsu Yung-ming (徐永明), a professor at Soochow University, is both the polling director for the survey and now a legislative candidate for the NPP.)

There's a real danger here for the Pan-Green camp if their voters fail to coordinate in the party list vote: the Green Party and Social Democratic Party are running a joint list that may appeal to a lot of the same young, well-educated voters that the NPP is making a play for. They're currently polling at 1.8%, according to the Taiwan Brain Trust survey. It's not hard to imagine the NPP, Green-SDP, and TSU all pulling some Pan-Green support and each getting 3-4% of the PR list vote, leaving them all with no seats, while the PFP passes the threshold and wins several seats. If the district results end up closely split, the Pan-Green camp could even be denied a majority in the LY despite a significant advantage in the overall share of the vote. 

While I don't think it's particularly likely to happen, a Pan-Green win in the popular vote that leaves a Pan-Blue majority in control of the legislature would be a serious problem for Taiwan's democracy. So one thing I'll be paying close attention to in this election is how, or whether, this coordination problem is resolved in some way before the election.

Hung Hsiu-chu (洪秀柱) is now the official KMT nominee for president in 2016. She has a reputation as a deep-Blue partisan without a demonstrated ability to appeal to moderates. If that's true, it bodes poorly for the ruling party's chances. 

But is it true? This anonymous article at Thinking Taiwan* attempts to make that case by examining her district vote totals in elections to the Legislative Yuan, which is the most concrete data we have about her electoral appeal. (Hung was elected as a KMT member from Taipei County in 1989, 1992, 1995, 2001, and 2004, and on the KMT party list in 1998, 2008 and 2012; the actual numbers are available here, from the Election Study Center at National Cheng Chi University.) Good for the writer for actually trying to supply some hard evidence for this claim, but in truth these results tell us very little about Hung's mass appeal.

The reason is that pre-2008 LY vote returns are from multi-member districts, and all the major parties used vote equalization (配票) systems in these elections. Vote totals for Hung or any other LY candidate nominated by a party can't be taken at face value as an indication of popularity. To imply otherwise is poor analysis.

A Quick Primer on Elections under Single Non-Transferable Vote
To see why, let's take a step back and remember how parties campaigned in these districts. Until 2008, elections to the legislature were held using the Single Non-Transferable Vote (SNTV) system. SNTV is defined by:

• Multi-member districts, i.e. more than one representative will be elected from a single district;
• Voters can cast only a single ballot for only one candidate (not a party, and not multiple candidates);
• The top M vote-getters all win a seat, where M is the number of seats in a district. 

SNTV has a lot of features that make it unloved among electoral systems geeks, which is one of the reasons it was replaced for the legislature in Taiwan. (Nevertheless, it's still used for every other lower-level council election.) The most important is that it presents two serious coordination problems for the largest political parties, which increase in difficulty with the number of seats elected from a single district:

1. A nomination problem. Parties have to estimate prior to the election how much support they have in the district to know how many candidates to nominate. Nominate too few, and your nominees all win but with many votes to spare, and all the extras could have won you another seat. Nominate too many, and your votes will be spread too thinly, leading in the worst-case scenario to a shutout when you could have won several seats. This gets harder the less information parties have about their level of support. 
2. A vote distribution problem. To maximize the expected number of seats they'll win, parties have to get their supporters to distribute their votes as evenly as possible across multiple nominees. This can be a real challenge if one or two candidates are much more popular and well-known. If voters cast their ballots sincerely, then popular nominees will win with thousands of votes to spare, while lesser-known candidates from the same party will be overshadowed and lose.  

For instance, in 2004, the DPP nominated five candidates for the legislature in Tainan County, a district with eight seats. The party then told its supporters to cast a ballot based on the last number of the voter's national ID card (see above). All five DPP candidates won; here were their vote shares:

• (1-2) Lee Jun-yi 李俊毅: 9.28%
• (3-4) Huang Wei-je 黃偉哲: 8.56%
• (5-6) Yeh I-chin 葉宜津: 6.64%
• (7-8) Cheng Kuo-chung 鄭國忠: 10.01%
• (9-0) Hou Shui-cheng 侯水盛: 10.09%

Except for Yeh, that's what a randomization strategy will get you, if properly followed by your supporters: roughly even shares of the vote for all nominees, and they all get in. (Yeh won her seat despite not finishing in the top 8, because of the female quota rule; she bumped the 8th place candidate, the KMT's Kuo Tian-tsai (郭添財).) 

The randomization scheme is not a DPP innovation, by the way; the New Party also used this system in Taipei back when it was competitive. In general, the more ideological a party’s voters, the more appealing a randomization scheme is. 

In contrast, the KMT traditionally employed “responsibility zones” (責任區) within the larger districts: each official nominee was assigned some areas (usually groups of wards or villages) that were their exclusive zones to campaign in, and they were not supposed to appeal to voters in other areas.** The KMT also would hold back some of their so-called “iron vote” (鐵票) precincts—typically villages filled with military personnel, civil servants, and their families who could be expected to loyally support the party en masse. In the days leading up to the election, if a couple of the party’s candidates appeared to be doing worse than expected, the party strategists would at the last moment direct some of the iron vote to them to bolster their chances of winning. The responsibility zone system was used widely by the KMT in the 1980s and 90s because it worked well and gave them a systematic advantage: the party could exploit the advantages of its connections to local factions, its superior knowledge of local support levels, and its almost complete control of local ward chiefs and vote-brokers. 

You Can't Infer Candidate Appeal Solely from Election Returns under SNTV
So what do election results under this system tell us about Hung Hsiu-chu’s appeal as a candidate? Very little. Because the KMT imposed a vote distribution system in the LY elections, individual candidate vote totals are not a reliable indication of how popular the candidates are.

For instance, here’s her vote returns from the legislative election in Taipei County in 1992, by administrative area:

• Banqiao City: 2.33%
• Sanchong City: 0.89%
• Zhonghe City: 4.2%
• Yonghe City: 14.39%
• Xinzhuang City: 1%
• Xindian City: 4.52%
• Shulin City: 1.01%
• Yingge Township: 0.99%
• Sanxia Township: 1.55%
• Danshui Township: 2.08%
• Xizhi City: 1.06%
• Ruifang Township: 1.02%
• Tucheng City: 2.78%
• Luzhou City: 0.98%
• Wugu Township: 0.74%
• Taishan Township: 1.21%
• Linkou Township: 1.14%
• Shenkeng Township: 2.42%
• Shiding Township: 1.31%
• Pinglin Township: 3.95%
• Sanzhi Township: 1.37%
• Shimen Township: 0.91%
• Bali Township: 0.94%
• Pingxi Township: 1.59%
• Shuangxi Township: 0.56%
• Gongliao Township: 1.76%
• Jinshan Township: 0.68%
• Wanli Township: 2.43%
• Wulai Township: 5.82%

Now, a couple of things about 1992: it was the first election for the full legislature, and Taipei County was a single electoral district with 16 seats--huge, by SNTV standards. This was close to a worst-case scenario for political parties trying to equalize votes: there hadn't been a previous full LY election to provide info about each party's expected support, and the district magnitude (i.e. # of seats) is really high. An effective vote distribution system is critically important for party success, and also really hard to implement here. 

These results show Hung was much stronger in some areas than others (Yonghe, Zhonghe, Xindian, Wulai, and Pinglin stand out), but they don’t show where her responsibility zones were or if she needed help from the “iron vote.”  If I had to guess, I'd say she was assigned to Yonghe and parts of the four other cities she was strongest in: they're all clustered together just south of Taipei. But we can't tell that from the returns; and they also tell us nothing about whether she over- or under-performed relative to expectations.

The one thing we can say from these figures is how the KMT itself did. The last winner in this district was Chou Po-lun (周伯倫) of the DPP, who got 2.65% of the vote. Hung got 3.04%. Of the 17 KMT candidates, not all of whom were nominated, 10 were elected, with vote shares ranging from 2.66% to 5.89%, and the KMT won 62.5% of the seats with 45.7% of the vote. From the KMT’s perspective, that was a terrific result, and Hung’s share of the vote was just about perfect: safely above the cutoff point, but not too much above that a lot of votes were wasted. That tells us that Hung, and most of the other elected KMT candidates, probably played by the party’s rules. What it does not tell us is that Hung had no mass appeal, because demonstrating that wasn't her objective in this (or any of the other) LY elections. 

If critics want to cast Hung as a deep-Blue ideologue with no ability to win votes from moderates, fine. She hasn't shown that ability, it's true. But she also has never been asked to. Her past election results tell us very little about how she'll do as the KMT candidate for president. 

* From Solidarity.tw, apparently.
**A fun aside: this is one of the best-studied topics in Taiwanese politics research. Among the prominent work on this is from the current chair of the Central Electoral Commission, Liu I-chou, who wrote his dissertation on the KMT’s responsibility zone system. Also, a big chunk of Shelley Rigger’s Politics in Taiwan, one of the best-known English-language books on Taiwanese elections, extensively covers party strategy in SNTV elections. 

On March 9, the Taiwan Democracy Project hosted Lu-huei Chen, research professor and former director of the Election Study Center at National Chengchi University, Taipei. His talk was entitled "Electoral Politics and Cross-Strait Relations." The official event page is here.

Professor Chen is Distinguished Research Fellow at the Election Study Center and Professor of Political Science at National Chengchi University in Taiwan.  He is currently a visiting scholar of Top University Strategic Alliance (TUSA) at MIT. Professor Chen received his Ph. D. in political science from Michigan State University. His research focuses on political behavior, political socialization, research methods, and cross-Strait relations.  He has published articles in Issues and Studies, Journal of Electoral Studies (in Chinese), Social Science Quarterly, and Taiwan Political Science Review (in Chinese). He is the editor of Continuity and Change in Taiwan's 2012 Presidential and Legislative Election (in Chinese, 2013), Public Opinion Polls (in Chinese, 2013), and co-edited The 2008 Presidential Election: A Critical Election on Second Turnover (in Chinese, with Chi Huang and Ching-hsin Yu, 2009).

The local elections on November 29th in Taiwan were a resounding defeat for the ruling KMT, and a major victory for the DPP. Taiwan’s main opposition party captured seven county and city executives from the KMT, raising their total from 6 to 13 of Taiwan’s local jurisdictions. DPP mayors now lead four of Taiwan’s six special municipalities: Taoyuan, Taichung, Tainan, and Kaohsiung. In addition, the nominally independent Ko Wen-je (柯文哲) received tacit DPP support for his successful bid for Taipei mayor, booting the KMT out of the mayor’s office there for the first time in 16 years. Only in New Taipei did the KMT manage to hang on, thanks in part to the personal popularity of the incumbent mayor Eric Chu (朱立倫).

Equally striking was the swing away from the KMT at lower levels, where the party’s candidates have traditionally been more insulated from national trends: the number of KMT councilors dropped from 419 to 386 (out of 907), and KMT township heads fell from 121 to 80 (out of 204).  The KMT now holds a majority on only 6 of 23 city and county councils—remarkable for a party that could once count on control of the vast majority of local offices to help it mobilize votes for national elections.  The consistent swing away from the KMT across every jurisdiction in Taiwan suggests that this was a “wave” election—unhappiness with the ruling party and its chairman, President Ma Ying-jeou, drove a national slump in KMT support that showed up in vote totals nearly everywhere. Indeed, this was arguably the KMT’s worst-ever performance in a local election: only 1997 comes close, and the fact that all local offices were on the ballot this year, including the special municipalities, makes this a more consequential defeat than that election. (These figures are drawn from a presentation I gave at a Stanford roundtable on December 2; the slides from that talk are available here.)

It’s a little late for me to weigh in on the debate over why the KMT fared so badly—plenty of other people have done that already, and the impact is rapidly fading into the past as Taiwanese politics churns along. Instead, in this post I want to look forward and ask: what does the 2014 election tell us about future election outcomes in Taiwan, especially the 2016 presidential race?  

2014 Is Not 2016
The unquestioned assumption in most commentary in Taiwan is that the KMT’s recent electoral rout bodes poorly for its chances in the coming presidential and legislative elections, now tentatively set for January 2016. Some commentators have argued that the 2014 result indicates a fundamental electoral “breakthrough” for the DPP, rather than a temporary shift away from the KMT due to recent scandals and the unpopularity of President Ma, and that the DPP should be the favorite going into 2016.

This is not self-evident. To see why, we need only look at the last time around. In the last local elections in 2009-10, the DPP’s candidates for county and city executives actually won more total votes than did the KMT: 5,755,287 to 5,463,570. That turned out not to presage a DPP victory in the presidential race in 2012: Tsai Ying-wen lost to Ma Ying-jeou 51.6% to 45.6%.

Why the big difference? One reason is simply that they were held at different times: Taiwan was in a major recession (as was much of the world) in 2009-10, whereas by 2012 economic growth had bounced back. Another is that the relative importance of factors affecting mass voting behavior in local elections is different from national ones: ideological positioning and the state of the national economy, among other things, are likely to play a stronger role in vote choice in 2016 than they did in the local elections. The personal qualities of the candidates matter, too, and there’s always the possibility of a third candidate emerging as a serious contender, as happened in the 2000 presidential election.

So, until we know who the candidates are, what platforms they'll run on, and how the economy is likely to be doing, we should be cautious about forecasting a win for either major party. Nevertheless, might the 2014 elections at least tell us something meaningful about the relative appeal of the DPP and KMT right now? If we assume all the other factors will cancel each other out, doesn't the last election tell us the DPP will enjoy a generic partisan advantage going into 2016?

Not necessarily, and the reason is turnout. In general, it's 10-15 percent higher in presidential elections than local ones. If these extra voters who show up at the polls in presidential elections disproportionately support the KMT, then the local results are going to give an underestimate of the KMT’s expected vote share in 2016. So it would be nice to know how much of the DPP's success is due to KMT-leaning voters staying home, versus the DPP winning more votes. To figure that out, we need to dig into the raw vote totals a little more.

Was the DPP's Win a Result of Blue Voters Staying Home?
Let’s start with the basic numbers. Here are the turnout figures for 2012 and 2014:

• 2012: 13,452,016 votes cast, or 74.4 percent of all eligible voters;
• 2014: 12,512,135, or 67.6 percent.

So if turnout is on par with the last presidential election, there will be roughly a million more voters in 2016 than there were in 2014. If those voters look just like the 2014 electorate, then the local election offers a good estimate for 2016. But the more the non-voters in 2014 differ from the voters, the more we need to account for these differences to get an unbiased estimate.

Now, how about the partisan breakdown? Here's the vote totals for each party in 2012 (presidential election) and 2014 (county/city executives):

• 2012: Tsai Ying-wen (DPP): 6,093,578
• 2012: Ma Ying-jeou (KMT): 6,891,139
• 2014: DPP candidates: 6,684,089*
• 2014: KMT candidates: 4,990,667
  

(*I'm counting Ko Wen-je in Taipei as a DPP candidate here; more on that in a moment.)

Notably, the DPP candidates (including Ko Wen-je) together polled almost 600,000 votes more than Tsai did in the 2012 presidential race, even as turnout declined! So while the KMT had a disastrous drop from 2012 to 2014, there was also a significant increase in support for the DPP in 2014 above and beyond its support in the presidential election. Clearly, this is not just a story about asymmetric turnout of each party's base supporters, with pan-Blue voters sitting this one out. Instead, the DPP appears to have made big absolute gains as well: the party's vote total in 2014 was only about 200,000 short of what Ma Ying-jeou won in 2012, in a higher-turnout election. 

(For those interested in digging further into the numbers, I've put all these data in an Excel file, which can be accessed below):

As an alternative to the way cross-Strait policy has been dealt with (or rather, not dealt with) in Taiwan over the last year, I've been thinking a lot about how similar foreign policy or trade controversies have historically been resolved in other democracies.  One example I like a lot comes from the former West Germany. 

Ostpolitik: Procedural Legitimacy, German Style
In 1969, West Germany had been a democracy for less than 20 years*.  In a situation with some striking parallels** to Taiwan's current one, the newly-elected Social Democratic chancellor Willy Brandt pushed for a policy of engagement rather than confrontation with the communist East Germany and its Soviet patron. Under this so-called Ostpolitik, or "eastern policy,"  Brandt signed a series of treaties renouncing the use of force, recognizing post-war European borders, establishing diplomatic recognition of Warsaw Pact states in eastern Europe, and culminating in a peace treaty, the Basic Treaty, with East Germany itself in 1972. 

Ostpolitik was hugely controversial in German political life.  Brandt was the first non-conservative to hold the chancellorship in the post-war era, and his sharp change in policy was fiercely opposed by the former ruling party, the Christian Democratic Union (CDU). After the Basic Treaty was signed in early 1972, several MPs from Brandt's coalition partner the FDP defected to the opposition, and it looked like Ostpolitik might be stalled or reversed. 

But in a crucial showdown in April 1972, the CDU fell two votes short*** of winning a no-confidence vote to replace Brandt's government with a conservative coalition. Seven months later, Brandt's coalition was re-elected in federal elections, and the treaty was then approved by the German parliament.  By winning both a no-confidence vote and an election after the Basic Treaty was signed, Brandt endowed his policies toward Eastern Europe with a great deal of democratic legitimacy despite the controversy.  Most impressively, when the CDU eventually returned to power in 1982, it retained Ostpolitik, which by that point was supported by all the major political parties.  

Why a German-Style Solution Isn't Available in Today's Taiwan
It’s instructive to consider all the ways Taiwan’s current institutions prevent a kind of “German solution” to the CSSTA controversy.  There are four big ones:

1.  Ostpolitik Agreements were Treaties.  The Basic Treaty signed by the Brandt government with East Germany was beset by ambiguity about the official status of the East German state: West Germany had claimed since partition to represent the entire German nation and refused to acknowledge the legitimacy of an independent East Germany (sound familiar?).  Brandt’s linguistic work-around was to assert that two states existed “in Germany,” but that they could not regard one another as foreign countries.  Nevertheless, when the Basic Treaty was signed, everyone agreed that it required parliamentary approval to take effect--like the Treaty of Moscow and Treaty of Warsaw before it.  

Unlike in the Taiwan case, the West German procedure for approving the Basic Law remained the same as for approving agreements with other foreign powers: an up-or-down vote in both houses of parliament.  In Taiwan, however, it's not clear whether the CSSTA even requires a vote in the Legislative Yuan, even though trade agreements with other countries do.

2. The Advantages of Parliamentarism (I): Executive Actions depend on Parliamentary Confidence.  As head of government in a parliamentary regime, Brandt’s actions implicitly depended on the continued support of a majority in the Bundestag, the lower house of the German parliament.  Ostpolitik, and especially the Basic Treaty, were controversial enough that Brandt nearly lost this majority.  Had the opposition CDU managed to win the no-confidence vote, Brandt would have been replaced by a new conservative coalition, and the Basic Treaty would likely have been modified or withdrawn.  

In contrast to the Taiwan case, there was an obvious institutional way to settle the conflict over Brandt’s policy: hold a vote in parliament. Brandt’s victory in that vote confirmed he still had the minimum support needed to advance the treaty.  In Taiwan, the legislature has a formal no-confidence power, but it's much weaker: it can be used only against the premier, not the president; it gives the president the right in turn to dissolve the legislature, so most LY members don't want to use it lest they have to face the voters in early elections; and it can only be used once every 12 months.  

Moreover, in a move that looks rather stupid in hindsight, the DPP brought a no-confidence measure against premier Jiang Yi-huah last October, which, given the KMT's majority, predictably failed badly.  So even if enough members of the LY were willing to risk early elections to bring down the premier and his cabinet, that option is closed off for the next six months.

3. Proportional Electoral Systems Make Coalition Governments Likely.  Since the founding of the FDR, Germany has almost always had stable coalition governments.  A key reason is the German electoral system, the so-called mixed-member compensatory system.  Under the German system, all parties which win over five percent of the party vote get a proportional share of seats in the lower house. Thus, for much of Germany’s postwar history, a small centrist party, the FDP, held the balance of power in the Bundestag.  Brandt relied on FDP support to stay in office; the vice chancellor and foreign minister under Brandt was the head of the FDP, Walter Scheel. When FDP members opposed to the Basic Treaty started defecting, the Brandt coalition was in trouble.  

In contrast, Taiwan’s 2005 electoral reform created a much more majoritarian electoral system: the KMT’s current majority in the Legislative Yuan is due in part to a highly disproportional conversion of votes into seats.  As a consequence, there is no coalition partner on which the KMT depends to get bills passed in the legislature, and no direct way for non-KMT parties to ensure they are included in the cabinet.*^

4. The Advantages of Parliamentarism (II): Early Elections.  Fourth, despite winning the no-confidence motion, Brandt was still in a precarious political position.  He had lost several members of his coalition, and it soon became clear that he no longer held a working majority in the Bundestag.  So, he called early elections: in November 1972, seven months after the no-confidence vote, German voters got to weigh in on the Brandt government and, by association, Ostpolitik.  The result of the polls left little doubt that Brandt had the support of a popular majority: both the SDP and FDP gains seats at the expense of the CDU. Brandt had for all intents received a popular mandate to continue with Ostpolitik.

Again, the contrast with Taiwan is stark.  There is no requirement that the Ma administration face the voters again before implementing the CSSTA. Nor can Ma call early elections even if he wanted to; that would require a no-confidence vote to pass the legislature, which, as I noted above, isn't even a constitutional option until October 2014.  In short, there's no easy way to have the voters weigh in directly on the current controversy or the Ma administration's performance until the 2016 general election--two years away.  The consequence is that the CSSTA controversy is likely to remain unresolved, exacerbating political gridlock in Taiwan until at least 2016.  It's hard to see that as a good outcome for Taiwan's democracy.    

* It might not be obvious at first glance, but this is roughly the same age as Taiwan's democracy today: the first elected postwar government in Germany took office in September 1949, and Taiwan has had a fully elected legislature since 1992 and a popularly elected president since 1996.  

** I should emphasize I do not mean to draw any lessons from this example about how cross-Strait rapprochement should proceed. I highlight this case only because of the admirable way in which a highly divisive foreign policy issue was resolved domestically to West Germany's long-term benefit, not because I think Taiwan-PRC relations should be handled in the same way.

*** The CDU lost the vote when two of its own members unexpectedly failed to support the party's motion.  After the unification of Germany in 1990, East German secret files revealed that both MPs were paid by the East German secret service to vote against the motion.

*^ In practice, the Cross-Party Negotiation Committee (政黨協商) in the Legislative Yuan gives minority parties the ability to slow or block legislation; it does not, however, give them any say in, or claim to, Executive Yuan cabinet positions, as a real cross-party coalition would in a pure parliamentary regime.

Premier confidence.  On October 15, a formal vote of no confidence in premier Jiang Yi-huah (江宜樺) failed in the legislature, with 67 of 112 legislators voting against the motion (1 seat is currently vacant).  No big surprise here at the result, as the KMT holds 65 seats.  There were no defections from the party, demonstrating the KMT's ability to enforce party discipline on critical votes despite the failed attempt to purge speaker Wang Jin-pyng (王金平).  In fact, Premier Jiang paid a visit to Speaker Wang shortly after the vote to thank him for his support in keeping the caucus unified.  Voting with the KMT caucus were two independents, Kao Chin Su-mei (高金素梅) and Chen Hsueh-sheng (陳雪生).    

Takin' it to the streets.  The regular protests and demonstrations to call attention to the cause du jour near the Legislative Yuan continued over the last month.  One issue getting a lot of attention: gay marriage.  On October 25, a bill  introduced by DPP legislators that would revise the Civil Code to allow same-sex marriage was referred to the Judicial Affairs Committee for review and possible first reading.  The issue has triggered competing demonstrations in downtown Taipei, including a gay pride parade on October 27 and a counter-demonstration opposing the bill on November 30.

Taiwan has a reputation as being fairly tolerant towards homosexuality, contrasting favorably with Japan, South Korea, the Philippines, Hong Kong, and especially mainland China, and if the bill passes, it would make Taiwan the first country in Asia to legalize same-sex marriage.  So the sizable turnout for the anti-gay-marriage protest has attracted a lot of international coverage, including pieces in the Economist and AFP, as well as U.S.-based advocates on both sides of the issue.  Perhaps less well-known is that Taiwan has a significant Christian community, estimated at between 4-5% of the population, that has played a disproportionately large role in Taiwan's post-war political history.  Christian evangelical churches, a newer phenomenon in Taiwan, played a central role in organizing the counter-demonstration, as this blog post details.

An old horse knows the way (老馬識途).  DPP party nomination contests continue for local mayor and county executive races, due to be held in December 2014.  The biggest to be decided so far is in New Taipei City, where former premier Yu Shyi-kun (游錫堃) won the nomination after his main competition, county party chief Lo Chih-cheng, withdrew, complaining of an "unfair polling mechanism."  (The DPP has long used telephone polls as a central part of its nomination procedure, as this article by Dafydd Fell details.)  Yu is not exactly a fresh face for the DPP, having previously served as Yilan County executive, premier, and DPP chairman.  Given that New Taipei City leans slightly blue, the party probably hurt its chances here:  a younger candidate who does not carry baggage from the Chen Shui-bian era would be better positioned to attract swing voters than Yu.  

The battle over nominations is also uncovering old factional fault lines within the DPP.  Especially striking is the success of the New Tide faction (新潮流派系)--the nominees for Pingtung, Changhua, Nantou, and Yunlin Counties all have ties to the faction, and another New Tide member, Tsai Chi-chang (蔡其昌), is battling for the nomination in Taichung City.  

The DPP's nomination for Taipei City has yet to be decided, but Wellington Koo (顧立雄) is drawing endorsements from many New Tide members as well.  He's going up against another "old face" in the DPP: former vice president Annette Lu (呂秀蓮).  The best candidate the DPP could run, according to polls, is National Taiwan University physician Ko Wen-je (柯文哲). There's only one problem: Ko is not a party member, wants to remain independent, and recently called the DPP "chaotic and dangerous", while at the same time looking increasingly likely to run.  If the DPP can't persuade Ko to join the party, it will face an unpalatable choice between running a spoiler candidate and not running one at all.  The fight over the Taipei nomination has signs of being a proxy battle for the 2016 presidential nomination: current DPP chairman Su Tseng-chang (蘇貞昌 ) appears to favor Koo, while 2012 nominee Tsai Ing-wen (蔡英文) has been linked to Ko.

On the KMT side, Sean Lien (連勝文) is still polling better than anyone else and looks to have the inside track on the nomination if he wants it.  His stiffest potential challenge would probably be from current New Taipei City mayor Eric Chu (朱立倫), who might be interested in switching seats to improve his presidential prospects.

The attempt by the KMT leadership to remove Wang Jin-pyng as speaker of the Legislative Yuan has a lot of interesting elements to it.  For electoral studies geeks, though, the most fascinating might be that Wang was elected on the KMT’s proportional representation or "at-large" list (不分區) rather than from a single-member district (單一選區).  As a consequence, he is especially vulnerable to purge attempts: unlike district legislators, Wang depends on his party’s support to retain his seat for this term.  

A little background first: since 1995, Taiwan has had a mixed-member electoral system (混合制) with two parallel electoral tiers.  Up until 2004, the larger, district-level tier consisted of between 25-30 multi-member districts (複數區), with multiple representatives elected from each district using the single non-transferable vote (SNTV) (不可轉移單票制).  The smaller, national-level tier consisted of a single nation-wide district in which seats were awarded to parties using closed-list proportional representation (CL-PR), based on the percentage of the vote that each party's district candidates won aggregated across all districts.  A major reform* before the 2008 election halved the size of the legislature, replaced the multi-member districts with single-member ones, and introduced a separate vote for the PR tier, but retained the closed-list rule for the PR seats.  

Winning the List

The "closed" part of "closed list" PR means that the party, not voters, controls who gets these seats.  It does so by submitting a ranked list of names (分配當選名單) prior to the election; when the seat totals for each party are announced, the PR seats are distributed down the list until the party's quota is met.  For instance, in the 2012 legislative election, the KMT won 16 seats in the PR tier, so the top 16 candidates on its party list were awarded seats.  This is how Wang Jin-pyng was most recently elected: he was ranked first on the list.  (You can find the lists for this and other elections at the Central Election Commission website.  The image at right was pulled from here.)   

It is not hard to see that the order of names on the party list goes a long way toward determining who gets seats.  The first candidate on the list is as good-as-elected once the list is submitted, unless the party fails to win any PR seats.  But the 16th candidate will have to sweat out the election.  And the 34th candidate has no realistic hope of winning a seat whatsoever.  Thus, whoever controls the party list controls the electoral fates of all the PR legislators.  Typically, party leaders determine the ranking and put themselves and their allies** at the top of the list, while incumbents who've ticked off the party leadership get left off entirely.  So legislators elected from the PR tier have to toe the party line if they want to remain in office.  

But that's not all. Taiwan electoral law also provides political parties another weapon to keep list legislators in line: the Civil Servants Election and Recall Act (公職人員選舉罷免法) specifies that any at-large legislator who loses his party membership will also immediately lose his seat.  Hence why Wang Jin-pyng was so vulnerable to a purge by President Ma: as an at-large legislator, his seat depends on the continued tacit support of the rest of the party.  Rather than wait until the run-up to the next election to deny Wang his previous position on the party list, Ma and his allies could remove him immediately by stripping him of his party membership.  It is only through a rather surprising, and lucky, district court injunction that Wang has so far survived the attempt to boot him from the legislature.

Whither Wang?

It's noteworthy that Wang Jin-pyng has not always been an at-large legislator for the KMT.  Until 2004, he was one of several legislators representing Kaohsiung County's First District, and a quite popular one at that.  If he were still a district legislator, stripping him of his party membership would not have had the same effect; he would have retained his seat.  That raises the question, why would a leading politician like Wang ever join the party list?

The answer is that it’s a sure-fire way to get into the legislature without having to win a district-level election.  Campaigns for legislative district seats were notoriously fierce, and costly, under the old SNTV system, because candidates had to compete for votes not only against nominees from other parties but also with their own fellow party members.  Winning a seat usually required relentless effort to differentiate oneself from everyone else and cultivate personal ties to constituents.  (And, all-too-frequently, some form of vote-buying.)  So when Wang first ran on the party list in 2004, when SNTV was still in place, it was undoubtedly appealing to him to leave behind the trouble of district campaigning.  The switch to single-member districts in 2008 eliminated most intra-party competition, but at that point Wang was already ensconced at the top of the KMT list and had no reason to return to a district.  

Now, of course, he does.  My money is on him returning to his old Kaohsiung County district and running there in 2016, where he retains a base and can probably win comfortably.  Whether or not he hangs on to his seat through the end of this term, I doubt we have seen the last of Speaker Wang.

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[* Taiwan's history of electoral system changes is dauntingly complex, even post-martial law era. I will attempt to cover it in a future post.]  

[**I'd forgotten, it's an electoral law rule, not an intra-party rule.  So all parties are required to reserve at least half their PR list seats for women.]