Proportional Non-Voter Sortition: Legislative Inclusion for Non-Voting Citizens

Democratic electoral systems characteristically take a Count-and-Report Approach to enfranchised citizens’ failure to turn out in political elections: The number of non-votes is counted and publicly reported, but non-votes are given no effect in the allocation of political offices. We morally assess this model in the context of legislative elections, and argue that it is pro tanto less desirable than another, counterfactual model which we label Proportional Non-Voter Sortition. This model provides that citizens’ non-votes shall be legislatively represented by legislators who are selected by lot from the non-voting part of the demos, and whose share of seats is proportional to the aggregate rate of non-voting in the legislative election. Our assessment of the two models specifically turns on the claim that a democracy’s legislature should reflect the full diversity of political views that exists within its demos (legislative inclusivity), and it offers two reasons to expect that Proportional Non-Voter Sortition serves legislative inclusivity better than the Count-and-Report Approach: 1) Proportional Non-Voter Sortition uniquely incentivizes political parties to integrate non-voter views into their political agendas and mobilisation activities; and 2) Proportional Non-Voter Sortition additionally enables the legislative articulation and advocacy of non-voter views by placing people in the legislature who are descriptively representative of non-voters. Through our discussion of different models for the post-electoral management of non-votes, we contribute to a body of normative democratic theorizing about citizens’ non-voting, but raise a distinct question that so far has remained unexplored.