Spotlight on Fusion Voting: The Lost Tool of American Democracy

Over the last 9 years, there has been an interesting political experiment in New York State that I hope to inject into the broader strategic discussion among progressives, liberals, labor folk, environmentalists, civil rights activists and anyone else who still believes in the promise of democracy.

The experiment has been the creation of the Working Families Party. Since 1998, a good chunk of progressive energy has been invested in this party, some of it institutional [ACORN, CWA, SEIU, UAW, Citizen Action, UNITE-HERE, UFCW, etc.] and some of it from free-floating environmentalists, tenants, political donors, and students. It has taken a serious amount of time, money and energy, and I’ve no doubt that all involved have found it valuable and exciting.

The main reason for the WFP’s success is that it’s not your normal “third party.” In most states, third parties are stuck in either the “wasted vote” or “spoiler” box. Third parties, in most states, are a fool’s errand.

But that’s not so in New York (and Connecticut, the other main fusion-legal state). The rules here are different, and better. So let me start the week off with a description of what fusion is. Later on I’ll turn to the question of how it can be used to help progressives and their allies pull and prod the major parties, but especially the Democrats, in a more progressive and humane direction.

What is fusion? Also known as open ballot voting or cross-endorsement, fusion allows a candidate to run for office as the standard-bearer of more than one party. Suppose the WFP decides to cross-endorse the Democrat. That candidate will show up twice on the ballot, and voters will get to choose to support him or her on the party line of their choice. The votes will get counted separately but then added together to determine the final outcome of the race.

Last November, for instance, the WFP focused much of its energy on a couple of Congressional races. The candidates (Kristen Gillibrand & Mike Arcuri in NY, Chris Murphy in CT) ran as both the Democratic nominee and the WFP nominee. We focused on reaching out to independent and unaffiliated voters, because our message is especially attractive to them. On Election Day, we averaged 4% of the overall vote -- about 6,000 votes per district. The Democrats’ electoral wave was very high, and the WFP votes were not the margin-of-victory, but those races are going to tighten up in 2008 and these D-WFP incumbents will need and want every vote they can get. Just to give you a sense of the real power of fusion to deliver critical
votes, the image below* illustrates Congressman Brain Higgins' victory over Nancy Naples in the 2004 race for New York's 27thCongressional District. As you can see, the WFP was the margin of victory in that race.



So why does it matter? Scott Shields put it well in a MyDD post:
Well, by supporting Eliot Spitzer as a Working Families Party candidate rather than as a Democrat…voters send the message that the issues Working Families champions – universal healthcare, a living wage, strong labor protection – are very important to a significant segment of their base. It also gives independent voters an excuse to vote for major party candidates that they might not otherwise vote for.

Let me put it another way. There are still two sources of power in American politics – both money and votes. The problem is that while money is concentrated and tilts the balance of power towards those who have it, votes are disaggregated among all the rest of us. Fusion aggregates votes – and thus builds power – in a unique way. Organized interest groups do exert power by turning out their members and making claims about how many folks they turned out and whom they voted for, but fusion lets everyone – the politicians, the media, and the voters themselves – count exactly how many votes you produced for the candidate running on your line.So, while Eliot Spitzer won by a landslide and maybe didn’t need the 155,324 votes that he got on the Working Families line, he certainly knows he got them and – if we’re good at what we do – he’ll have to pay attention to those votes as he governs.

Fundamentally, fusion is a reform that makes third parties meaningful and useful, instead of relegating them to the role of spoilers that is their legacy in the popular imagination after Ralph Nader’s 2000 Presidential run.

And not third parties for the sake of the parties – although we do value independent organizing – but third parties for the sake of moving common-sense progressive issues. Indeed, because we typically do not run our own candidates (why bother running a candidate who will get a trivial percentage of the vote?), we cross-endorse and then lead with our values and our issues. “Vote Your Values,” says much of our campaign literature, as we believe our values are not only right but also popular.

Then, when candidates see that we have produced a sizable portion of their votes, or even their margin of victory, by championing living wage jobs, fair taxes, fair trade or an end to war funding, they pay attention. It’s not a magic wand – you still have to organize. But every community or political organizer in the country could come up with all sorts of ways this could be helpful to their work.

Obviously we’re not the only ones in New York using the fusion tool. The Conservative Party has been around for 40 years, and has a loyal voting base. And the so-called Liberal Party had a 50 year run till they ran out of ideas, integrity and gas (the Liberals provided the margin-of-victory for Giuliani in 1993, which endeared them to, well, Rudy). Today, it’s fair to assert that the WFP is widely viewed as the state’s most vigorous minor party. We have run 3,000-plus candidates on our line since our founding in 1998, and have a solid field and local chapter operation in most parts of the state. But none of it would be possible without the “rules of the game” that make for a more hospitable environment for third parties.

A lot of people on the broad democratic left have gotten interested in fusion voting. We’re interested in helping to re-legalize it in a few more states, so jump into the conversation this week to get your questions answered, and let me try to convince you of the deep value of this “lost tool of democracy.”

*This post originally included the incorrect graph. It has been updated.


Comments (40)

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A couple questions. First, is fusion voting useful for drawing in more votes, or simply as a way to push the politics of political candidates? Second, does fusion voting help third parties gain more votes?

I'm more concerned about the second than the first. Arguably, we could have third parties if they had regional bases, and I'm interested in how fusion voting might increase the chances for the development of third parties. Since it is only allowed in a few states, it would seem to offer possibilities for developing regionally supported third parties.

Maybe not though since it appears to primarily be a way to give third party votes to first party candidates.

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In most states, third parties are stuck in either the “wasted vote” or “spoiler” box. Third parties, in most states, are a fool’s errand.

But instead of accepting this as a fait accompli, why don't we discuss instant runoff voting (IRV) and proportional representation (PR)?

I think fusion is fine, but it requires that the minor parties in question be willing to withhold their endorsement when it's not merited. Somewhat surprisingly to me, at the 2006 Massachusetts Libertarian state convention, a huge majority was against a ballot question to allow fusion in MA. Apparently they distrusted fusion because of the LP-NY's endorsement of the thoroughly unlibertarian Bill Weld. Well, you can certainly abuse fusion much like you can abuse any other tool. But asking the government to take away an option so that we Libertarians don't hurt ourselves with it doesn't really square with libertarian philosophy in my view.

I vote in NYState and have voted for many years now, for many major party candidates specifically on the Working Families Party ballot line because though I am not registered with the WFP - their issues are what I care about.
Hartgal

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As the example of the Liberal Party in NY shows this type of third party can become a means to extort favors from candidates. That the Working Families Party hasn't played this game (yet) may just be an indication that it hasn't gotten enough traction.

I like fusion voting and do vote for WFP when it's on the ballot, but I think the present arrangement is not transparent enough. It may be better than straight two party voting, but it still seems like an imperfect solution to the problem of rendering minority viewpoints irrelevant as the current winner-take-all system does.

--- Policies not Politics
Daily Landscape

I have to admit, as a pretty well-informed New York voter -- the role of the WFP isn't well explained here. You hear through word of mouth that a vote for Spitzer the WFP is just as good as a vote for Spitzer the Democrat in a general election, but... I always feel a bit of trepidation about doing so. Given how little confidence people have had in the electoral process since 2000 it just seems like a bit of added complexity that's not worth the risk.

I'm not saying that's true. Just that my emotional response, in the ballot box, is one of fear. I still do vote for the WFP candidate, when available, but I feel uneasy about it.

I wonder how many people feel so uneasy about it that they just don't do it.

thosethingswesay.blogspot.com

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Good questions. The simple answer is fusion voting both increases voter turnout and pushes the major party candidates on the issues.

The secret ballot means we don't know exactly who votes third party (that might not be true if you're using Diebold machines). But the groups most likely to vote on a third party line in a fusion system are young voters, working class voters, and new citizens - all groups that have below average turnout.

For example, a 2005 poll of Ohio voters found strong support for a third party among voters under age 44, those with a high school diploma or less education, and those who describe themselves as worse off economically. A 2001 Peter Hart poll in upstate New York found that these same groups were most likely to vote on a third party line.

So when the major parties aim for the segments of the electorate with the highest turnout - seniors, college graduates and homeowners - other voters get left out. And polls show a real hunger among those left-out voters for more choices on the ballot.

By appealing to voters based on issues rather than personalities, third parties in a fusion system provide left-out voters the added options they're looking for while also letting them vote for a candidate with a chance of winning.

I see this as a strange idea. It says we have an election between two candidates, but with each candidate being listed multiple times on the ballot, according to which interest group "adopts" that candidate. Then the voters vote for one of the two candidates, and the one with the most votes wins - exactly what we have with traditional voting. So, we introduce added complexity, not to broaden the choices available to voters, but to enhance the creds of "parties" doing the adopting of the candidates. Suppose only one candidate runs for election, but 5 "Parties" compete to see which of them gets the most votes for that same candidate? This is beneficial to who?? Certainly not to the voters.

Instant run-off voting is a far better scheme, in that it really does broaden the choice available to the voter, without requiring those voters to give up their vote when they favor a small party candidate. This really does help to build third parties.

Hoppy in Sacramento

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Fusion is a party-focused reform, while IRV is more candidate-focused. Proportional representation operates at a different scale than either, since it involves switching from single members districts to multi-member districts.

How's that for a start?

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Thanks Hartgal.

Your comment illustrates an important point about fusion voting. Fusion lets people vote for an issue as well as a candidate.

The Working Families Party takes a progressive stance on a limited number of kitchen table issues like good jobs and increased health care. Voters can show they agree by voting for a major party candidate on the WFP line. After the election, the Working Families Party can go to the candidates we helped elect and show that people who voted for them care about raising the minimum wage and paid family leave by showing them how many people voted on the WFP line.

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The Working Families Party pushed through an increase in New York's minimum wage in 2004 and put paid family leave on the agenda this year. That's traction.

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Here's how voters in your example benefit. The parties that champion issues that attract votes are demonstrating that those issues are important to voters, and it pushes politicains to act.

But look, this isn't a theoretical discussion. Fusion is in use, and has been used to push progressive issues like raising the minimum wage and making sure workers have paid family leave and paid sick days. Earlier in the year, when local politicians on Long Island wanted to pass anti-immigrant legislation, that concrete demonstration of electoral support is what defeated the bill. Saying people support these issues and will vote accordingly is incredibly powerful.

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As soon as Mike Arcuri was elected in my district, he joined the Blue Dog caucus. It isn't obvious that was an advance over Sherwood Boehlert, who once toyed with running in the Democratic as well as Republican primary.

I think fusion is a great idea but I am not so inclined to think that a Mike Arcuri represents working families. I will give you that his opponent was a troglodyte.

Best, Terry

I think if people really were sufficiently interested in issue voting to determine how the Democratic and Republican parties differ on issues, there would be no problem to solve. There are major differences between the two major parties. But, to obscure their positions, Republicans like to push the idea that there are only minor issue differences between the parties, but Republicans are all so religious, so family values oriented, so pro-life, etc. that voters should chose them on that basis only.

Adding still other quasi-parties, each supporting another parties candidates, only makes it that much harder to determine which party and which candidate supports the broad range of issue positions the voters prefer. I don't dispute that it is working in the two states using that method, but only because I have no basis for having an opinion on that. I do dispute that this would improve the quality of voting in this country.

Hoppy in Sacramento

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The original strategy of the national New Party (which was co-founded by Dan Cantor, and from which New York's Working Families Party is descended) was to get the Supreme Court to recognize a First Amendment right to cross-endorsement. This would have forced states to allow fusion. In 1997, they got their case--Timmons v. Twin Cities Area New Party--but they lost 6-3 (with Souter, Ginsberg and Stevens dissenting). This was an unsurprising result; in general the Court has been abysmal on ballot access and third party issues. And, along with a few other bumps, it led to the demise of the New Party as a national effort.

While the WFP has, to a certain extent, proven the value of fusion, absent the deus ex machina of the SCOTUS's recognizing a right to cross-endorsement, I think this is not the right ballot reform for progressives to focus on. Far more meaningful would be the achievement of Instant Runoff Voting, which would eliminate the spoiler problem entirely. With IRV, voters could vote for a minor party candidate as a first preference, while putting a major party candidate as a second preference. The number of second-preference votes for the Democrat from, say, first-preference Green voters, would have a similar effect to the fused WFP voters in Dan Cantor's scenario. But unlike under fusion, third parties under IRV would be free to run their own candidates without threatening to elect the greater evil among the two major parties.

Given that IRV and fusion would take similar efforts to institute in any given state, why should we focus on fusion when we can work toward the much more flexible tool of IRV?

I have one other concern about the WFP today. The New Party used to boldly proclaim that it wouldn't be a rubberstamp for the Democrats, that it would pick and choose progressive candidates to endorse, and that fusion was a tactic, not its reason for being. Critics of the New Party, especially among other third parties, suggested that it was essentially in business to be a white hat for the Democrats

As far as I can tell, WFP's behavior has validated a lot of the criticism of the New Party. It seems to endorse nearly every Democrat in general elections. And, so far as I can tell, virtually never runs its own, non-fused candidates against centrist or conservative Dems.

(Full disclosure: I was very involved in the New Party in the early and mid 1990s. After the collapse of the New Party, I joined the Greens.)

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It's great to see Dan Cantor guest blogging here. The WFP has had lots of real organizing successes and policy wins in NYS. Other's would do well to listen to Dan's wisdom in organizing and strategy.

www.dmiblog.com

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Voters are smarter than they're given credit for. Why make this a theoretical discussion? In the places where fusion is used, people aren't confused by it. In the places where IRV is used, people aren't confused by it.

Your point that Democratic and Republican candidates will try to fudge the difference between themselves and their opponents on different issues is right on. The reason fusion voting isn't confusing is because third parties will take stronger stands on the issues than the major parties. Since minor parties can endorse major party candidates in a fusion system, they can take those strong stands to motivate their base while at the same time endorsing candidates who can win.

That's why fusion isn't confusing, and how fusion lets people vote for both candidates and issues.

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While it's nice that there is a process in place to be used for making voting better, it seems like this could be abused to get people on a ballot mutliple times ... what's to stop the swift boaters from becoming a party and backing the GOP candidate just so that the candidate appears on the ballot more often ...

The right answer to me is to have primaries run as open contests regardless of party and to have instant runoff as in SF ... then select the top 4 or 5 for the general election. Why should the tax payers be paying for a GOP primary ballot printing if they are DEMs? Why should the government be paying for any parties primary to determine their own candidate?

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To me, Mike Arcuri is an example of how fusion holds candidates accountable. He joined the Blue Dogs, but he still votes the right way on issues like raising the minimum wage and bringing the troops home from Iraq because he can see that's how the voters in his district want him to vote and he can see that voters in his district will base their votes on those issues.

Arcuri is better than Boehlert because he's part of the Democratic majority. But I'm not so naive as to think the Dems in Congress will never disappoint us. That's why we need ways to both elect Dems and keep them accountable.

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Thanks Elana.

For those who aren't familiar, the Drum Major Institute is a progressive New York-based think tank. Check them out at http://www.dmiblog.com

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Fusion and IRV solve different problems. Fusion helps parties organize around issues by letting third parties (and voters) take a strong stand on the issues and by letting supporters vote for candidates who can win. The third party votes that go to a winning candidate under a fusion system are concrete proof of voter support for the issue. IRV, by contrast, helps candidates who aren't major party candidates address the spoiler problem, though it doesn't help them get elected.

To bring it back to your question, with fusion voting you're campaigning for and electing a winning candidate. With IRV you might elect a winning candidate as your second choice, but you're not campaigning for them.

That's why fusion is a better way of building progressive power - governing means dealing with winning candidates that want you to campaign for them, and fusion lets you do that.

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You make an interesting argument, Steve. As best I understood the votes, Arcuri voted to "support the troops" by getting them killed but it is arguable over whether that was the right vote. Initially Arcuri voted for the funding with deadlines - again if I'm not mistaken.

No question what way Ray Meier, his opponent, would have voted.

Hope you guys can get Randy Kuhl and maybe Jim Walsh out of there. Both are very bad news.

An oddity was there was a WPF and a separate Democratic candidate in our district for state representative. Neither probably had a realistic chance but it probably is good that candidates know you are around.

Best, Terry

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In Massachusetts, both the Libertarian and Green-Rainbow Parties spent lots of time and energy in 2006 badmouthing a proposed fusion voting ballot question. (The question got approved by the state Attorney General, but did not garner the signatures necessary to get on the ballot.)

Frankly, I would be more sympathetic to the Libertarian/Green-Rainbow opposition to fusion voting if either party showed any inclination whatsoever to take elections seriously--contesting far fewer than 5% of the state legislative seats means either that you have more of a vanity press than a political party, or that the current system of getting good candidates needs an overhaul. (That neither party was willing to consider the advantage of having [Libertarian/Green-Rainbow]- approved major party candidates in elections where they did not want to be spoilers makes me think that the vanity press is a very good metaphor.)

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I thought Arcuri voted against the Iraq supplemental budget bill? My memory isn't what it used to be.

No doubt about Meier, and Kuhl and Walsh as well.

Hopefully this Libby pardon peels off more Bush support, and strengthens us for the next Iraq funding fight.

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What's the advantage of campaigning for a candidate whom you hope to influence but with whom you don't agree?

IRV makes it clear that the candidate in question understands that s/he wouldn't have won without your (transfered) vote, but allows you to spend your time campaigning for candidates with whom you actually agree.

The only "problem" fusion solves that IRV doesn't is how the Democratic Party can convince folks who've given up on it to work for their candidates.

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GS, my sense is that the endorsement is granted in return for promises made, and if those promises are broken during that officeholder's term, then WFP can endorse a challenger or run a candidate as a spoiler. Steve is talking up the "carrot" side, but there is a "stick" side as well.

In Connecticut, where the fusion laws are currently a little more restrictive than in NY, WFP endorses in maybe 10% of state legislative races, and no statewide races (endorsing Murphy in CT-05 was the biggest deal thing they'd ever done here). And here, at least, probably 1-in-5 of their endorsements are of Republicans (though I hasten to mention that said Republicans always vote as a block for continuing the regressive taxation scheme--though WFP people will argue there's some value to giving a Republican their line occasionally).

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And the very fact that the WFP is endorsing one candidate over the other tells voters there is a difference. I'm another New Yorker who always votes the WFP line when it's available; like IRV, it's a very effective way to show elected officials just where along the political spectrum their votes are actually coming from.

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What's up with all the IRV people? In my experience, that's primarily a Green fantasy premised on the notion that Democrats are stealing the votes of liberals from their natural home, and that a minor party will rise up and win it all once an IRV system is in place.

WFP seems to me to be promoting the idea that politics is primarily a matter of building coalitions; IRV supporters (usually) take the precisely opposite view, which is that politics has zero to do with compromise, consensus, or coalition-building.

I'm with Hoppy. Sure, it's nice that "fusion" parties, a charming new name for old stuff here in NY, aren't spoilers. The down side is that they're not parties either. They're just special interest groups, in the sense of a very specific agenda, rather than an attempt to reshape the political landscape. That helps explain why they tend to form only when a group already has political clout, in this case unions, in NY's more notorious case a crook named Raymond Harding. 

John 

http://www.haberarts.com/

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Thanks for the comment. I think you've done a good job of boiling it down to the essence.

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To me, a political party is a group of people who share an issue agenda. Your distinction sounds like an abstract semantic argument.

If you're interested in politics as a way to change government policies then it's a boon. If you're interested in reshaping the political landscape through the glorious revolution then less so.

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Fusion lets you endorse candidates with whom you have common ground and then gives you a stronger hand in electing them and holding them accountable.

If you think there's no common ground to be found with Democrats, then fusion doesn't do much for you. Though if you think there's no difference between Republicans and Democrats and no common ground to be found with either then there's no electoral system that will result in you actually winning elections.

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Clean up your charts - you make it look like you were more than the "margin of victory" in the Higgins - Naples race. Glancing at the chart and not reading the numbers (not that anyone would ever do that, of course) would lead one to believe that you were responsible for close to a third of the democratic votes in that election.

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Votes on the WFP ballot line were the margin of victory for Higgins in his Congressional victory. Without WFP votes, Higgins would have lost to Naples. Which is what the chart illustrates.

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Fusion is also useful for helping minor party members get elected. One-third of all state legislative races in the U.S. have either no Republican nominee, or no Democratic nominee. In other words, one-third of the time, one of the major party nominations is not even being used. Under those conditions, when fusion is legal, a minor party candidate-member can also snag a major party nomination. This helped the Libertarian Party elect 4 state legislators in New Hampshire in 1992, and 2 in 1994. Also one in Vermont in 1998.

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I find this overly simplistic and, in several respects, completely incorrect.

I support IRV and have for the past four years or so, ever since first becoming involved with IRV efforts in Sarasota, FL. To a person, everyone I associated with was focused on creating a larger Progressive voting bloc, precisely because, while IRV does promote the interests of third parties, it allows the supporters of those third parties to ensure that their votes will still count in the end towards the strongest Progressive candidate.

IRV makes it possible, for example, for a Green Party member to register their dislike for the two-party system by casting a symbolic vote for, say, Ralph Nader, while at the same time retaining the ability to give a vote for the more progressive of the two major candidates. The process encourages candidates to treat each other with more respect as they fight for the #2 rankings on their opponents' supporters' ballots. Progressive candidates from different parties will be forced to go out of their way to try and forge consensus with each other.

IRV thus encourages both consensus among partisans of different stripes but similar ideologies, and compromise among the candidates as they vie for each others' support (think Kucinich and Edwards in Iowa back in 2004). And that consensus-building and compromising leads to a larger, stronger Progressive coalition.

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While fusion may work as illustrated above, its ultimate power lies in the potential to withhold votes, whether through individual abstentions, or collectively putting forth an alternative candidacy.

If the Democratic Party were to put forth a presidential candidate who would actively promise to illegalize abortion and send more troops to Iraq, I would vote 3rd party. The fact that such a candidacy would generate such a response is one reason the Democrats don't put forward such a candidate.

Otherwise, there is no reason for Working Families to exist as a PARTY, rather than as any other pressure group such as NARAL.

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Steve, is it your position that if WFP had not been on the ballot, the WFP voters would have stayed home, or that they would have voted for Naples?

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Looking at other races and polling data, it's safe to say that if the WFP hadn't brought together those voters under our line to vote for Higgins then that segment of the vote would have fractured and Naples would have won.

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That's a different view than the one we have. In New York, fusion has worked to hold elected officials accountable to their campaign promises.

There are plenty of ways to withhold votes. The promise of fusion is that it's a way to vote for someone and still keep pressure on them and hold them accountable.

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I have no data to back me up, whereas you do. But I find that to be counter-intuitive.

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