By-election could upset proportionality

If a Labour list MP contested the Mount Albert by-election and won, the next person on Labour’s list – or following the Green’s example with Russel Norman, the next one after the ones the party don’t want in parliament were persuaded to stand aside – would enter parliament.

If a new canddiate contested and won the seat there would be no change to the number of MPs because the new MP would be replacing the old one and so proportionality would be maintained.

But what would happen if a National MP, who isn’t currently a list MP, won the seat?

I’d assumed National would lose a list MP. The Herald thought so too:

National’s candidate in the 2008 election was Ravi Musuku who has said he wishes to stand in a byelection. However, if he won, it would mean their bottom list MP – Aaron Gilmore – had to leave.

But Kiwiblog says that isn’t so:

No, no, no no. This is not the case. To be fair to Claire many many people think this is the law, but it is not. Proportionality is not maintained if a by-election sees a seat change hands. There is no way at all a List MP can ever be forced out of Parliament because of a by-election (or an electoral petition). They are there for the whole term unless they do something stupid like become a Dutch citizen.

I’m not questioning David Farrar’s knowledge of the intricacies of MMP, if he says this is so, I believe him.

But I am questioning the system because this highlights a flaw with MMP.   The reitrement of an MP in a marginal seat could leave his or her party one MP short if someone from another party won the seat and that party would then have one extra MP thus upsetting the proportionality which is one of MMP’s strengths.

 An electorate MP is there for the full term of parliament unless s/he resigns because s/he won a seat. List MPs are there because their party won fewer electorates than their party vote entitled them to so if the party wins another electorate seat it ought to lose a list one.