Untitled
Untitled
Untitled
and Policymaking
in Latin America
Latin American Studies
Social Sciences and Law
DAVID MARES, General Editor
All rights reserved. No part of this book may be reprinted or reproduced or utilised
in any form or by any electronic, mechanical, or other means, now known or hereaf-
ter invented, including photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.
List of Figures xi
List of Tables xiii
Preface xv
Acknowledgments xix
Acronyms xxi
Notes 147
Bibliography 155
Index 165
Figures
ID Izquierda Democrática
PC Partido Conservador
PD Partido Demócrata
For the past two decades, scholars from different schools of thought have
offered explanations for the failed or successful adoption of reforms in
Latin America. These approaches can be grouped into agent-based or
rational choice explanations, crisis-based explanations, and structural
or institutional explanations. The next pages contain a discussion of the
assumptions made by these approaches and an assesment of their validity
to explain the adoption of reforms in the Ecuadorian context.
Agent-Based Explanations
A fi rst group of explanations has focused on the ability of decisive political
leaders to produce significant economic reforms sometimes even in spite
of organized opposition and against electoral mandates (Stokes 2001).
Whether the adoption and implementation of reforms were the result of
ideological convictions or they were pragmatic responses to specific politi-
cal and economic situations, remains an empirical question. On the one
6 Informal Coalitions and Policymaking in Latin America
hand, ideational theories focus on policymakers’ ability to learn from pre-
vious adjustment experiences, disseminate reform initiatives, and eventu-
ally converge on a common set of market-oriented values (Edwards 1995;
Hey and Klak 1999). The demise of the Communist model of state inter-
vention and the common academic background of key policymakers—in
U.S. universities—during the nineties help explain this policy convergence
(Weyland 2002).
Other scholars argue that self-interested politicians were more likely
to impose reforms because they came to power as “outsiders”—with
no clear links to pre-established political groups or parties—and were
able to transfer the costs of the adjustment to their political rivals while
compensating their allies (Geddes 1994). Thus, political leaders were
effectively able to redistribute the costs and benefits of the adjustment
to reshape favorable coalitions for reform (Kingstone 1999). Some strat-
egies included pushing for drastic changes instead of gradual reforms
at the beginning—honeymoon—of their mandates (Przeworski 1991),
delaying the costs of the adjustment for their own supporters (Gibson
and Calvo 2000), or channeling privatization deals—or their windfall
revenues—to their own allies (Weyland 2002).
Agent-based explanations have limited capacity to explain success and
failure of reforms in Ecuador. Political leaders often sought to isolate eco-
nomic policymaking from political influences by empowering decisive actors
in key policy domains, such as monetary policy (Conaghan 1995). At the
end of the day, however, reforms still had to go through Congress, where
the influence of legislative coalitions was critical for approval. A good case
in point is the mixed reform success of the Sixto Durán Ballén administra-
tion during the first half of the nineties (1992–1996). Although the conserva-
tive government was strongly committed to the adoption of market-oriented
reforms, and sought to isolate technical experts from political influence, it
achieved moderate success with fiscal, monetary and financial reforms but
was less successful in adopting trade, labor or privatization reforms (Hey and
Klak 1999). Conversely, the policy success of outsider-type politicians such
as Abdalá Bucaram in 1996 and Lucio Gutiérrez in 2003 was closely linked
to their coalition-making potential in Congress. In the first case, prospects
for reform quickly dissolved when Bucram’s legislative coalition collapsed six
months after taking office, and in the second case, the reform attempt was
captured by the interests of its conservative coalition partners in Congress.
A second caveat is that agent-based approaches can help explain the
adoption but not the survival of reforms themselves. In the contested Ecua-
dorian setting, the survival of market-oriented reforms depended on the
political survival of agents themselves (Mejía Acosta et al. 2008). With
very few exceptions, most adopted reforms did not last beyond the terms
of key policymakers—presidents, ministers—who sponsored them. Dur-
ing the eighties and nineties, for example, Ecuador experimented with
nine different types of exchange rate regimes, ranging from fi xed exchange
Pushing Reforms Through the Eye of a Needle 7
rate type to floating exchange rate types. This degree of decisiveness was
possible because monetary policies in Ecuador had been the exclusive pre-
rogative of the president, the fi nance minister, the monetary board, and
the head of the central bank (Mejía Acosta et al. 2008). By the same token,
however, these government officials had very short terms in office. For
example, fi nance ministers in Ecuador lasted an average of 14 months in
office. The Ecuador case suggests that the survival of key policymakers
was not immediately dependent on popularity ratings or the state of the
economy, but rather on the reliability of the legislative coalition backing
up the reform. As I will argue later, the formation and the dismissal of leg-
islative coalitions were also influential in the early removal of Vice Presi-
dent Alberto Dahik in 1995 and Presidents Abdalá Bucaram and Lucio
Gutiérrez in 1997 and 2005 respectively.
Crisis-Based Explanations
A second approach to explain the adoption of economic reform comes from
prospect theory. This approach challenges the rational choice assumptions
that individuals seek to maximize their expected utility functions and have
a fi xed tolerance for risk. Instead, it argues that individuals’ decision-mak-
ing process depends on their willingness to accept risks as well as their cur-
rent perceptions of welfare (Weyland 2002: 38). To explain the adoption
of market-oriented reforms in Latin America, Kurt Weyland argues that
individuals—common citizens and political leaders—become more willing
to take risks by electing political outsiders and supporting their push for
reforms if they perceive themselves to be “in the realm of losses,” if voters
are caught, for example, in the middle of a significant economic crisis. By
contrast, individuals who consider their economic situation to be “in the
realm of gains” are less willing to risk their existing level of happiness and
become adverse to the prospect of adopting major economic reforms (Wey-
land 2002: 39).
In Ecuador, the presence of adverse economic conditions was neither a
necessary nor a sufficient condition to expand citizens’ willingness to sup-
port reformers. Towards the end of the nineties, the government of Jamil
Mahuad faced a triple fiscal, banking and fi nancial crisis, caused in part
by fi nancial instability in international markets as well as declining oil
prices. The government adopted highly controversial policies to freeze bank
deposits in order to prevent a wider crisis of the fi nancial system, to tighten
regulation of the banking sector, and ultimately to adopt the dollar as the
national currency to prevent the possibility of hyperinflation. Predictably,
angry citizens were keen to support the ousting of President Mahuad by the
military and indigenous groups, and this anti-reform alliance went on to
win the subsequent presidential election. Former coup leader Lucio Gutiér-
rez not only won the 2002 presidential election in the absence of an eco-
nomic crisis, but upheld and advanced the reforms that provoked Mahuad’s
8 Informal Coalitions and Policymaking in Latin America
ousting: dollarization, labor flexibilization and tighter bank regulations.
Only a few months after taking office, Gutiérrez signed a letter of intent
with the IMF and proceeded to adopt economic reforms with the support
of the right, thus abandoning his electoral allies from the left and indig-
enous parties.
Prospect theory approaches failed to explore the policy processes by
which economic reforms were adopted. The framework heavily concentrates
on the roles played by the executive—and the citizenry—as a whole but
downplays the roles and incentives of legislators in passing and implement-
ing the reforms. From the perspective of the opposition, the theory predicts
that an economic crisis will put opposition legislators in the “domain of the
gains” if they could extract an electoral advantage from the president’s fail-
ure. In this situation, it would make sense for potential coalition partners
to maintain the status quo and oppose the president’s attempts at economic
reform rather than supporting unpopular reforms.
Institutional Explanations
From an institutional perspective, it has been argued that the effective adop-
tion and successful implementation of policy reforms are closely associated
to the quality or strength of political institutions. Countries with stronger
political party systems, professionalized legislatures and bureaucracies, and
independent judiciaries, were better equipped to adopt and sustain policy
reforms (Cox and McCubbins; Stein et al. 2005; Stein et al. 2008). Con-
versely, countries with highly fragmented legislatures, weak political parties,
lacking a professional civil service or an independent judiciary hindered the
adoption of any policy reforms and allowed widespread corruption.
Institutional approaches are relevant to explain policy success or fail-
ure from the perspective of the policymaking process itself. The study of
legislative coalitions offers a unique window to identify who the relevant
policymakers are, what formal and informal incentives and capabilities
shape legislators’ willingness to cooperate with one another, and what
mechanisms ensure or enforce political cooperation. Institutional predic-
tions argue that policy change tends to happen where there are fewer
policy (veto) players whose consent is needed to adopt changes, and/or
veto players have converging policy preferences. In practice, presidents
who enjoy the legislative support of a large and disciplined party in Con-
gress face fewer transaction costs for adopting reforms. Conversely, where
presidents face a highly fragmented legislature, institutional explanations
tend to predict low probabilities of policy success given the high trans-
action costs of negotiating reforms (Payne et al. 2002). In a fragmented
setting, such as the Ecuadorian case, presidents and legislators have few
formal incentives to cooperate with one another, especially if coalition
partners fear that the electoral cost of cooperating with the government
may exceed the political benefit obtained from voting together.
Pushing Reforms Through the Eye of a Needle 9
By focusing on the strength of formal interactions alone, institutional
explanations may have a tendency to overemphasize failure. Comparative
evidence from Brazil suggests that the presence of inchoate party systems
did not prevent executives “from passing reforms, encouraging new invest-
ment and new investment inflows, and managing inflation” (Kingstone
2000: 16; Figueiredo and Limongi 2000). The adoption of dollarization
reforms in Ecuador also illustrates how a similar set of formal institutions
can lead to different policy outcomes. The adoption of the U.S. dollar as
the national currency was carried out by Jamil Mahuad in January 2000,
as a last resort option to respond to a mounting fiscal, monetary and fi nan-
cial crisis. Shortly after Mahuad’s ousting from office, his Vice President,
Gustavo Noboa, faced the challenge of adopting dramatic policy changes
to implement his predecessor’s dollarization law. Between 2000 and 2002,
Noboa pushed significant labor markets, fiscal, monetary, fi nancial and
trade reforms through the same Congress that voted Mahuad out of office.
Noboa was also able to pass a Fiscal Transparency Law and met the IMF
macroeconomic conditions and stability indicators required to sign a loan
agreement at the end of 2002. What is more remarkable is that the presi-
dent achieved these congressional victories without having any formal
party supporters in Congress. The following section builds on the institu-
tional approaches discussed so far but focuses on the president’s ability to
form coalitions around reform.
BOOK OVERVIEW
Policymaking Incentives
Spatial theories assume that policy issues—and policymakers’ preferences
about them—can be represented along a one-dimensional policy space (Hin-
ich and Munger 1997; Krehbiel 1998).6 Depending on the policy context,
legislators’ preferences for market-oriented reforms, for example, could be
depicted along an ideological continuum that goes from left (opposition)
A Proposed Model for Legislative Cooperation 27
to right (favor). In making his or her decision to support (oppose) a pro-
posed policy, spatial theories claim that legislators compare the “ideologi-
cal” distance between the president’s proposed bill and their ideal policy
preferences. Other important criteria to consider are the position of the
current policy (SQ), and the official policy preference of his or her political
party (Morrow 1994). All other things being equal, a legislator will support
the government policy—and along the party lines—when a) the president’s
preference, the party’s and the legislators’ all lie to the left or right of the
SQ, b) the legislator’s policy preferences are identical to the party’s, and
c) the policy differences between the legislator’s and the president’s ideal
points are smaller than the differences between the legislator and the cur-
rent policy.7
Recall that the president’s policy objectives are best served when they can
minimize the costs of assembling legislative majorities. The president’s
decision-making process is comparable to that of an investment manager:
they both need to calculate which combination of investment strategies (bar-
gaining with party leaders or individual legislators) is likely to yield the high-
est returns (legislative votes). Investors (or presidents) could pursue a more
conservative strategy, investing in pension funds with predictable and fixed
return rates (i.e. sharing power with a reliable political party), or they could
invest in a high-uncertainty emerging market fund that could yield higher
returns but with much more uncertainty (i.e. buying cheaper votes from indi-
vidual legislators). Presidents, like investors, would tend to diversify risks and
select their investments depending on the expected return and past perfor-
mance of funds (i.e. party size, party unity, and past performance).
The fi rst decision criterion is ideological. When submitting a policy pro-
posal, presidents compare their proposed policy with the ideological posi-
tion of the median legislator. As long as they can effectively anticipate the
preferences of the legislative majority (e.g. raise legislative salaries), legisla-
tion is passed by its own merits and no additional bargaining is necessary.
When policy proposals are not acceptable to the median legislator, presi-
dents would seek to compensate possible allies by offering policy conces-
sions, allocating cabinet or government portfolios, or distributing pork and
patronage. Policy concessions can be made in the same or alternative areas
to the proposed legislation. Presidents can offer cabinet and sub-cabinet
portfolios and regional, local or city government offices, as well as a wide
range of particularistic payments. In all cases, the value of payoffs depends
on existing legislative fragmentation (more coalition partners demand more
payoffs) and the perceived closeness of a vote.
All other things being equal, presidents would allocate coalition incen-
tives according to the size and discipline levels of legislative agents; thus,
the leader of a large and disciplined opposition party would have greater
bargaining power than a large but undisciplined party. The compensation
offered to an individual legislator, assuming that he or she is not contained
within an allied party cluster, would be proportional to the decisiveness of
that additional vote. However, if enough independent legislators regroup
to form a legislative faction, they could improve their collective bargain-
ing power vis-à-vis the president. The resulting bargaining game would
resemble the decision-making process between P and L.
GHOST COALITIONS
The ghost coalition framework offers two contributions to the existing under-
standing of coalition-making in fragmented settings. First, it provides the
basis for understanding the strategic and repeated interactions that take place
between presidents, party leaders and individual legislators. Far from under-
standing the policymaking process as a chain of discrete choices between two
branches or multiple political parties, the framework illustrates that legislative
cooperation could be modeled as a sequence of bargaining games between
three ideal players. First, there is a negotiation between the president and a
party leader; its success depends on the bargaining outcome between the leader
and the individual legislator; and this in turn depends on the direct bargain
between the president and the individual legislator. In equilibrium, the strate-
gic game suggests that even in a fragmented setting, a self-interested legislator
would prefer to accept the brokering services of a party leader to mediate the
political exchange with the president. Presidents, in turn, would also privilege
the intervention of a party leader in legislative bargaining because it has the
potential to reduce the bargaining time and risk involved with negotiating
with individual legislators. The strategic emergence of a legislative broker,
which is empirically demonstrated in subsequent chapters, is an important
contribution to understand unexpected patterns of party unity, the adoption
of programmatic agreements and the unexpected resilience of political parties
in highly fragmented legislatures.
A second contribution of the ghost coalition framework is to uncover
the gray areas of coalition-making in fragmented settings. While the per-
sistence of systematic and clandestine agreements between government and
legislators is not undocumented in contemporary democracies, this chap-
ter argues that the public dimension (visibility) of coalition-making would
directly affect the legislators’ willingness to cooperate with the government
and one another. The chapter illustrates the ways in which ghost or clan-
destine coalitions can allow legislative agents to benefit from government
cooperation payoffs while avoiding the reputational cost of voting with
government proposals. As it will be illustrated in subsequent chapters, the
notion of ghost coalitions helps to explain the presence of vote-buying inci-
dents, party switching, “tolerated dissents,” and “silent majorities” as a
series of calculated and strategic choices rather than a sequence of undesir-
able or dysfunctional events.
3 Presidential Success in a
Fragmented Legislature
Figure 3.1 Average presidential success rates in nine Latin American legislatures
(various years).
Constitutional Powers
Ecuadorian presidents have significant agenda-setting powers to intro-
duce legislation (Carey et al. 1997). The constitutional prerogatives allow
presidents exclusive initiative on some economic matters, the ability to use
decree powers, the ability to veto and resubmit revised legislation, and even
the discretionary capacity to call a referendum on controversial matters.
Presidential decree powers became available to President León Febres Cor-
dero in 1984 after a constitutional reform approved the previous year, with
the explicit purpose of strengthening his legislative powers in economic
matters (Hurtado 1990). Between 1984 and 1998, presidents could submit
legislation by decree and these would become laws unless Congress revised
or amended them within 15 calendar days. The Constitution, however,
did not allow presidents to make further (partial) amendments on revised
decrees, thus leaving Congress the possibility to amend presidential decrees
with alternative text that presidents had to accept or reject.8 This scenario
was reversed after 1998, when presidents were allowed to veto and resubmit
bills with an alternative wording, thus strengthening their agenda-setting
powers (Tsebelis and Alemán 2003).9 The combination of strong decree
with partial veto powers gave Ecuadorian presidents a significant advan-
tage over Congress by Latin American standards (Carey and Shugart 1998;
Shugart and Carey 1992; Magar 2001; Tsebelis and Alemán 2003; Main-
waring and Shugart 1997). One possible consequence of stronger decree
and veto powers is that presidents could effectively persuade Congress to
approve their bills with a simple majority of the votes in the early stages of
the game, knowing that legislators would later need to gather a 2/3 over-
ride coalition if the president chose to veto the congressional amendment.
The statistical analysis includes dummy variables to account for bills initi-
ated by decree and the use of partial vetoes (35% and 10% of the sample
respectively).
Partisan Powers
The degree of partisan support that the president enjoys in the legislature
is argued to be a critical factor contributing to policy success (Jones 1995;
Deheza 1997; Amorim Neto 1998b). The larger the share of seats held
by the president’s party in the legislature, the greater is the likelihood of
economic reform bills being approved by Congress. A similar impact is
Presidential Success in a Fragmented Legislature 51
expected when presidents have the support of a larger government coali-
tion, defi ned by the share of parties who voted for the president’s candidate
for president of Congress at the beginning of each legislative year.10 A proxy
to evaluate the degree of political support is the extent to which minority
presidents have increased participation of coalition parties in the cabinet
(Amorim Neto 1998b).11 The party congruence between the cabinet and
the legislature is measured as the difference between share of cabinet seats
held by a party and their share of seats in the legislature. The expecta-
tion is that higher cabinet-party congruence (when the index approaches 1)
increases the chances of success of the president’s bills in Congress.
The percentage of legislators who defected from (switched out of) their
parties in a given year is used as a variable to capture the president’s ability
to break opposition majorities and form government coalitions with indi-
viduals (Mainwaring 1999; Desposato 2006). The share of party defectors
is expected to boost legislative success.
Presidential Popularity
A fi nal test looks at the impact of president’s job approval rates on the like-
lihood of getting legislation approved. Richard Neustadt’s seminal work on
the American presidency argued that presidents who enjoyed a reputation
of doing a good job were also able to persuade Congress to cooperate and
share the benefits of having a good public reputation (Neustadt 1980). A
good public reputation, however, could also boost the president’s ability to
go public and use the media to blame policy gridlock on Congress (Cam-
eron 2000: 108). Grindle and Thoumi provide evidence that Ecuadorian
presidents played this “blame game” to persuade, explain and appeal for
public support of their agenda, but also to discredit or blame Congress
for holding up economic modernization (1993: 160). Thus, the statistical
model uses public opinion surveys from Informe Confi dencial, an indepen-
dent polling firm, to see whether higher presidential popularity during the
discussion of the bill increased its chances of approval.13
REGRESSION ANALYSIS
Table 3.1 reports the statistical analysis on the likelihood of approval (1) or
rejection (0) of executive-led bills on economic reform. The models use a
logit regression and the overall prediction of success and failure in all cases is
greater than 65%. Two sets of models are reported; A through C report suc-
cess levels using presidential decree authority, and D through F replicate the
analysis without presidential decree authority. Statistical results suggest that
bills are more likely to be approved when the president uses decree and veto
powers, with larger government coalitions or a greater share of party switch-
ers, and when bills are submitted earlier in the presidential term and are
speedily considered in Congress. A larger share of the president’s party and
a greater ideological distance between the executive and Congress reduce the
likelihood of approval. These results are discussed and illustrated below.
Presidential Success in a Fragmented Legislature 53
Table 3.1 Likelihood of Approval for Presidential Initiatives of Economic Reform
in Ecuador (1979-2002).
continued
54 Informal Coalitions and Policymaking in Latin America
Table 3.1 continued
N 260 277 277 169 181 181
Xi2 / Pseudo R2 39.60/ 53.94/ 54.76/ 32.60/ 36.16/ 40.84/
0.11 0.14 0.14 0.14 0.15 0.17
Constitutional Powers
The empirical results report that the presidential use of decrees of eco-
nomic urgency was an effective strategy to approve economic reforms: 70
of 97 decrees of economic urgency submitted to Congress were approved
and became law (72%). The fi rst three models report that the use of
presidential decrees had a strong and significant impact on presidential
success. The use of decree authority had varying degrees of success when
combined with other variables. The use of decree powers was in fact
crucial to seal the fate of economic reforms in Congress, boosting the
probability of approval from .39 (without decrees) to .75 (using decree
authority), when all other political variables are held constant at their
mean values.
Consistent with previous work, the use of executive decree authority is
likely to be more effective in a context where there are preexisting condi-
tions of political support (Carey and Shugart 1998). Consider, for exam-
ple, an optimal or “consensus” scenario where the president has formed a
large coalition with like-minded parties (minimal ideological differences).
In this context, the use of presidential decrees will boost the likelihood of
success to 0.93, compared to 0.72 if decrees were not used. Conversely,
in a highly “fragmented” scenario where presidents lead a small partisan
coalition and have significant policy differences with the median legisla-
tor, even the use of decree powers would not produce legislative success,
as depicted in Figure 3.3. This would be the case of “imperial” presidents
who hoped to bypass coalition politics through the use of decrees alone,
only to fi nd increased opposition in Congress.
The use of presidential vetoes (reported in models D–F) was also a
powerful tool to break congressional opposition and get legislation
approved. Presidents could use their veto powers to block unwanted legis-
lation and insist on their most preferred legislation (Tsebelis and Alemán
2003; Cameron 2000; Magar 2001). Since vetoed legislation could be
overridden only with a 2/3 majority, presidents only needed to persuade
the necessary “pivotal” legislators to break a supermajority. In all cases,
veto powers yield a significant and positive impact on approval of bills.
Presidential Success in a Fragmented Legislature 55
Partisan Powers
The effects of partisan powers on executive success adopt interesting fea-
tures in the context of minority governments. When the president’s party
does not have the majority of legislative seats, a larger presidential party
has a negative effect on the likelihood of presidential success, as suggested
by regression models A, C and D. One interpretation is that presidents with
smaller or no party representation in Congress were more aware of the
need of making coalitions with the opposition than presidents with larger
pluralities. Based on a comparative study of presidential and parliamen-
tary democracies, José Antonio Cheibub and Fernando Limongi report that
“the frequency of coalition and majority governments (under presidential-
ism) actually increases significantly when no party holds more than a third
of the seats in the legislature” (2002: 165).
In Ecuador, presidents with small party representation in Congress,
such as Febres Cordero in 1985 (12.68%) and Durán Ballén in 1992
(15.58%), were able to form majority coalitions that approved a higher
percentage of bills (64.71% and 65.22% respectively) than President
Borja, whose party had 42.25% of seats in Congress in 1988–1989 (and
it approved 53% and 56% of his agenda). When asked about his coalition-
making strategies, former president Borja dismissed the need to engage
with Congress, arguing that “sometimes ( . . . ) legislators do not have the
relevant information to draft policy proposals.”14 In a broader perspec-
tive, however, Borja achieved poor legislative success in Congress com-
pared to presidents with weaker partisan contingents but more willing to
engage in coalition-making.
56 Informal Coalitions and Policymaking in Latin America
The fi nding that the size of the president’s party in a minority context
has no effective impact on the likelihood of success has significant implica-
tions for the relevance of coalition-making. Empirical fi ndings suggest that
the larger the size of presidential coalitions, the more likely reforms are to
be approved. The size of the president’s coalition has a positive and signifi-
cant impact at the 0.01 level in regression models A, C and D. Figure 3.4
shows that, holding all variables constant at their mean values, the size of
the president’s coalition has a positive influence on the approval of reforms
when it is greater than 47% of congressional seats. When presidents enjoy
the support of the largest legislative coalition available (65.3% of seats) and
decide to use decree authority, their probability of legislative success boosts
to 0.83. Finally, the Ecuadorian case confi rms Mainwaring and Shugart’s
suggestion that strong presidential powers are likely to be used to compen-
sate for the lack of partisan powers (1997): The use of decree authority is
negatively correlated with the size of the coalition supporting the president
(r=—0.12) and significant at the 0.05 level.
The empirical fi ndings confi rm the notion that presidents are likely to
encourage individual defections from opposition parties to compensate
for the lack of partisan support. Models B, E and F show that the share
of legislators defecting from opposition parties has a positive and signifi -
cant impact on the likelihood of policy approval. The percentage of party
switchers is inversely associated with the size of the president’s party
(r=—0.56). When asked about the motivations for leaving their party,
one independent legislator explained, “It is the only way (we) Provincial
Deputies can obtain (from the executive) the approval of some prior-
ity policies that would serve our peoples.”15 Most party switchers came
from centrist—non-ideological—parties, small—visible—electoral dis-
tricts and usually abandoned their parties to join the government coali-
tion (Mejía Acosta 1999).
Figure 3.4 Impact of the President’s coalition on the fate of economic reforms,
controlling for decree power.
Presidential Success in a Fragmented Legislature 57
In Ecuador, the partisan composition of the cabinet does not have a
meaningful impact for securing legislative support and approving economic
reforms as reported in models C and F (Amorim Neto 1998). Traditionally,
Ecuadorian presidents have avoided making explicit reference to including
members of opposition parties as their cabinet ministers, especially on the
economic front. Catherine Conaghan explored how presidents choose to iso-
late their cabinets from the political realm and staffed their ministries with
technocrats accountable to the president only during the decades of economic
adjustment following the return to democracy (1994). According to former
President Hurtado, isolating ministers from any political affiliation was a
deliberate strategy to avoid the politicization of economic policies (Conaghan
1994: 275). Nevertheless, the fact that many cabinet members had no appar-
ent political affiliation did not mean that the president ignored the political
and regional demands of opposition parties in Congress. According to Nick
Mills, the allocation of cabinet positions was a clandestine process of con-
gressional bargaining that was consistently denied by involved parties to save
their reputation of “political chastity” (Mills 1984). While the appointment
of new cabinet members generally announced the formation of new congres-
sional coalitions, these government officials were also frequently removed to
accommodate new congressional majorities.16
The statistical model does not confi rm that job approval rates of the presi-
dent, taken in the two largest cities of Quito and Guayaquil, have a signifi-
cant effect on the approval of economic bills. A possible interpretation is
that presidential (lack of) popularity does not directly affect the approval
of bills but influences the conditions under which legislative coalitions are
more (or less) likely to form in order to support the presidential agenda;
Presidential Success in a Fragmented Legislature 59
Figure 3.5 Impact of the ideological distance between the president’s ideological
position and the mean legislator on policy change, controlling for decree power.
Why do legislators vote together on the same issue? Is it because they share
common personal preferences around ideology and beliefs (cohesion), or is
it because there is a delegate authority or party leader who enforces unitary
voting (discipline) in exchange of individual or collective incentives? For the
purpose of exploring both alternatives, voting unity refers to the tendency
of legislators to vote together on a given issue, regardless of whether it
resulted from imposed discipline or natural cohesion. Advocates of non-
partisan approaches claim that legislators are independent “single-minded
seekers of reelection” whose congressional behavior is strongly shaped by
their willingness to please the needs and demands of their constituents or
their own (Mayhew 1974: 4; Krehbiel 1998). In this view, legislatures are
like “town hall meetings” where no specific assumptions are made about
the roles of political parties, leaders or committees shaping voting patterns
(Krehbiel 1998: 25; Cox and McCubbins 2004). In other cases, legislators
are portrayed as rent-seeking individuals whose voting is not determined
by party loyalty or electoral motivations but by the availability of pork and
patronage (Ames 1987, 2001).
Electoral systems have a substantive role in shaping party unity. If leg-
islators’ electoral and career prospects depend on the direct preferences
of their constituents, such as in plurality or open list proportional repre-
sentation systems, their voting behavior will reflect what is best to sustain
the “electoral connection” (Cain et al. 1987; Carey and Shugart 1995).
Under closed-list proportional representation systems, however, legisla-
tors who want to pursue reelection and develop a political career have to
fi rst gain the nomination from the party leader and then compete for the
votes (Mainwaring 1999). The general principle is that party leaders will
be relevant agents of party unity as long as they can effectively control
the electoral fates of the rank and fi le (Mainwaring and Shugart 1997;
Morgenstern and Nacif 2002). Party leaders would have greater ability to
enforce unified voting if: a) they control candidate selection, b) they con-
trol the order in which candidates are placed in a (closed) party list, and
c) the votes obtained by candidates are fi rst pooled and proportionally
redistributed to party candidates in order to allocate congressional seats
(Mainwaring and Shugart 1997: 421; Morgenstern 1996). The notion
that party leaders can be agents of party unity builds on the premise that
legislators are primary reelection seekers. But when legislators are unwill-
ing or unable (by constitutional restrictions) to seek immediate reelection,
some have argued that party leaders could play a decisive role for advanc-
ing their members’ “progressive ambition” beyond the legislative arena
(Carey 1996; Samuels 2002).
Party leaders can also structure rules and legislative procedures to pro-
vide incentives for unified voting (Cox and McCubbins 1993). The prem-
ise at work is that individual legislative action is not sufficient to deliver
Party Brokers and Voting Unity in the Ecuadorian Congress 65
effective policies to the electorate; different agents are needed to take care
of “institutional maintenance” procedures such as controlling the legisla-
tive agenda or enforcing internal party rules (Mayhew 1974: 149). Thus,
party leaders are critical to defi ne the policy issues that matter to voters;
they create internal party consensus around policy proposals, and enforce
legislative agreements. Insofar as party leaders effectively translate vot-
ers’ preferences into policies—or material rewards—that benefit vot-
ers, they’d be able to attract favorable electoral tides for the party in the
future. In return, party leaders can enforce and reward disciplined voting
by advancing their members’ policymaking, vote-seeking, or office-seek-
ing objectives (Kiewiet and McCubbins 1991; Cox and McCubbins 1993;
Aldrich 1995).
Both approaches to party unity, the individual-centered and the party-
centered, assume that legislators are ultimately concerned with some
“electoral efficiency” goal that benefits them directly or through the party
organization. A more recent approach to party unity relaxes the distinction
between parties or individuals and focuses instead on the roles of legislative
groups or agents such as factions, parties or coalitions (Morgenstern 2004).
These legislative agents are equally accountable to voters and are inher-
ently defi ned by their ability to take concerted or coherent action (2004: 4).
The next section discusses how different patterns of voting unity affect the
executive’s strategies for assembling government support in the legislature.
Roll call votes are useful instruments to identify and analyze individual
legislative choices across different policy issues. By discriminating “the ins
from the outs” on legislative outcomes, roll calls can be used to contrast
general party behavior patterns across issues and time. Much skepticism
remains, however, regarding the value of using roll call data to accurately
reflect the bargaining processes that take place before a vote is taken, or the
fact that roll calls do not reflect the votes that were never brought to the vot-
ing floor (see Ames 2001; Krehbiel 1998; Morgenstern 2004). Despite these
valid concerns, the tallying of roll call votes in Ecuador is one concrete way
to aggregate and systematically compare patterns of legislative cooperation
and defection beyond the media scandal or the anecdotal evidence.
Since the return to democracy in 1979, the Ecuadorian Congress has con-
tinuously avoided the adoption of automatic mechanisms to keep track of
voting, such as electronic boards. In the light of such limitations, this book
offers a first attempt to analyze voting patterns in Ecuador by reconstructing
the legislative votes recorded in the Diarios de Debates of the National Con-
gress of Ecuador between 1980 and 2001. The dataset builds on information
extracted from 49 valid roll calls that were selected from a total universe of
250 votes. For each vote, data collected includes the outcome of the actual
vote, the voting threshold to approve the bill, the position that represented
the government proposal, whether an alternate legislator cast the vote, and
whether it was cast on the first or second call. The data contains three types
of votes that reflect legislators’ intentions regarding government proposals.4
Type-I votes are roll calls on executive-led reforms in key reform areas such
as privatization, market liberalization, fiscal reforms, labor regulations and
social security. Type-II votes contain congressional impeachments of eco-
nomic cabinet members, including Finance and Energy Ministers, as well
as the congressional votes to impeach Vice President Dahik (1995) and to
dismiss President Abdalá Bucaram (1997).5 Type-III votes look at congres-
sional appointments of economic and control authorities including General
72 Informal Coalitions and Policymaking in Latin America
Comptroller, Attorney General, Banking Superintendent, Communications
Superintendent, and Central Bank Board Members.
In the case of ordinary economic laws (type-I votes), levels of sup-
port are simply reflected by individual or partisan votes in favor of the
president’s proposal (aye). The Internal Code of Legislative Procedures
(Art. 74), establishes that all ordinary laws must be approved with a
simple majority of all voting members (aye + nay + blank votes). Non-
voting events could be conceived as a strategic form of collective action
through which legislators may support—or oppose—a bill without actu-
ally casting an endorsement one way or the other. This informal strategy
of “vote without voting” may be used to avoid the political implications
of making a public endorsement (Ames 2002; Carey 2007). For practi-
cal purposes, nonvoting events including abstentions and absences are
considered to have the same impact on a decision when the voting rule
imposes a fi xed threshold for approval. For example, Congress can over-
ride a partial veto of the president with 2/3 of all its members (82 of 123
members in 1998). Thus, any vote short of the required 82 votes, includ-
ing an absence or abstention, could single-handedly reverse the expected
outcome.
In the case of impeachment votes, the Organic Law of the Legislative
Branch (LOFL) establishes a qualified majority to dismiss the president or
the vice president (Art. 103), and an absolute majority to dismiss cabinet
members (Art. 95).6 Support for the president is coded when legislators
opposed impeachment procedures. In the case of congressional appoint-
ments, Article #82 of the Constitution requires a qualified majority to elect
the General Comptroller and an absolute majority to elect other officials.
Support for the president is coded when legislators voted for the president’s
preferred candidate or “candidato oficial.”
To measure patterns of party unity, the model calculates the differ-
ence (absolute value) between the number of party members of party i
who voted for the initiative j (AYE) and those who voted against (NAY)
divided by the total number of votes. The resulting score varies from 0
(indicating a perfect split vote) to 1 (unanimity). In addition, there are
four modifications to the sample. The fi rst one is to exclude from the
analysis all parties with two or fewer members to avoid interpreting vot-
ing trends when there are so few permutations possible (Carey 2007).
The second step is to correct for upward bias, produced by the legisla-
tors’ tendency to vote together when they are in small parties. The prob-
lem of “infl ated unity scores” is corrected by using random sampling to
make the larger parties small, and then taking the means of the random
samples as the new corrected cohesion scores (Desposato 2005). The
third step is to avoid overestimating party unity by discarding the votes
in which a consensus prevailed. The analysis considers votes in which at
least 25% of party members opposed the winning side, thus reducing the
data universe to 38 votes (Mainwaring and Pérez-Liñán 1997). Finally,
Party Brokers and Voting Unity in the Ecuadorian Congress 73
dummy variables are added to control for each vote type, assuming that
the bargaining of voting for economic laws, impeaching a cabinet mem-
ber, or designating economic and control authorities respond to different
rationales.
Table 4.2 Party Unity Scores by Ideology and Vote Type in Ecuador (1980–2000).
Center/Populist 0.890
PRE 1984-2000 0.796 0.836 0.990 0.931
CFP 1980-1990 1.000 0.637 0.927 0.850
Parties: Popular Democratic Movement (MPD), Socialist Party (PSE), Pachakutik (PCK),
Democratic Left (ID), Christian Democrats (DP), Roldosist Party (PRE), Coalition of Popular
(CFP), Radical Alfarista Front (FRA), Conservatives (PCE), Liberals (PLRE), Republican
Unity (PUR), and Social Christian Party (PSC).
* Weighted by sample size.
76 Informal Coalitions and Policymaking in Latin America
party unity scores of catch-all parties. In 1999, ID leader Paco Mon-
cayo explained his party’s tendency for unified voting to the fact that
members shared a similar socioeconomic background and the party
leadership actively promoted internal debates and generated consensus
before agreements reached the voting floor.9 Located in the center of
the ideological spectrum, the Coalition of Popular Forces (CFP) and the
Roldosist Party (PRE) showed a lower average unity score than the rest
of parties (0.89). Deriving their electoral strength from the same elec-
toral base of support, the two Coast-based catch-all parties (PRE and
CFP) have combined some strong local leadership with the image of a
charismatic leader: Asaad Bucaram in the 1970s and early 1980s for
CFP followers, and the cult of Abdalá Bucaram in the 1990s in PRE
(Freidenberg 2003). The least disciplined parties in Ecuador are located
to the right of center of the ideological spectrum: the Radical Alfarista
Front (FRA) and the Christian Democrats after 1993 (DP). It is plausible
that one of the causes for DP’s falling unity scores after 1993 (from 0.90
to 0.79 afterwards) was a failed strategy of ideological relocation. Dur-
ing the 1993 party convention, DP leader and former president Osvaldo
Hurtado pushed the party towards adopting a clearer market-oriented
approach, more akin to an agenda of liberal economic reforms of the
time. This sudden ideological shift represented a significant departure
from the more state-based DP with which local and national leaders had
originally affi liated (Mejía Acosta 2002). The “DP-stroika” was preceded
and accompanied by serious leadership confl icts with Hurtado over the
1992 presidential election that resulted in the disaffi liation of prominent
party leaders and a greater sense of disconnection with their voters (Con-
aghan 1995). Even though DP regained momentum with the election of
President Mahuad in 1998, two factions left the party soon after his fall
in January 2000: the Hurtado-led “CORDES” group and the business-
oriented Coastal “MIN.”
The 1996 Mateos and Alcántara survey of the Ecuadorian Congress
confi rms that deputies have different perceptions of party unity depend-
ing on their ideological affiliation (Mateos and Alcántara 1998). While
deputies from the right and center are more tolerant towards party indis-
cipline, those on the left expressed strong feelings in favor of sanctioning
and even expelling those who vote against party decisions (Mateos and
Alcántara 1998: 89). These attitudes are also consistent with responses to
“how important” they think it is to obtain resources for their communities:
100% of deputies from center parties, 96% from the right and 57% from
the left (1998: 89–90). Recall that legislators’ strong “electoral connection”
incentives should oppose the logic of party unity unless party leaders are
effectively contributing to advance their members’ local demands by way of
selective compensations.
A regression analysis of the determinants of party discipline in Ecuador
(not reported here) yielded disappointing results. Even though there is a
Party Brokers and Voting Unity in the Ecuadorian Congress 77
significantly negative correlation between the size of the parties and levels
of party unity (-0.22), there is no significant impact of the former on the
latter. As mentioned earlier, correcting for upward bias artificially inflates
the voting scores of larger parties, thus washing away the relationship
between size and discipline (Desposato 2005). In this sample, neither the
natural or corrected unity scores yielded significant results. Nor is there
significant evidence that the electoral calendar had a negative impact on
legislative unity. These variables become relevant for explaining the level
but not the direction of party support, especially when it comes to endors-
ing or opposing the president’s agenda for economic reforms. The next
section addresses these issues.
Table 4.3 Regression Estimates for Voting with the President in Ecuador: 1980–2000.
The empirical analysis does not fi nd any impact of the party’s ideological
position—along Coppedge’s five-point scale—on its likelihood of voting
with the president (see Model C in Table 4.3). Rather, evidence confi rms
that legislative parties whose policy preferences are closest to the presi-
dent’s ideological position along a one-dimensional space are more likely
to vote with the president (Downs 1957; Enelow and Hinich 1984; Kre-
hbiel 1998). Models A, B and D report that a smaller average distance
between the party’s ideal—mean left-right—position and the president’s
preferred position had a positive and significant effect on party voting.
The mean left-right position is defi ned as “the dispersion of the vote away
from the relative center of the party system” (Coppedge 1998: 556).
The decision of presidents to choose ideologically close partners and
pass legislation “by its own merits” challenges conventional assumptions
that Ecuadorian parties are non-ideological and opens the possibility that
presidents may have chosen to bargain policy concessions with opposition
parties as a fi rst step towards securing legislative support. This fi nding is
consistent with previous studies of presidential bargaining and fiscal per-
formance in Latin America (Amorim Neto and Santos 2001; Mejía Acosta
and Coppedge 2001).
The empirical results reported in this chapter show that Ecuadorian legisla-
tors were likely to vote together with their parties on critical issues, and in
average, parties with high unity scores were more likely to support the pres-
ident’s agenda. These fi ndings challenge long-held assumptions about the
low levels of party discipline in the Ecuadorian Congress and propose an
alternative interpretation of legislative dynamics that is centered on legisla-
tive parties, not on individual legislators. The presence of high unity scores
suggest that even in fragmented and volatile legislatures, party whips or
legislative brokers played a critical role for ensuring unified voting of the
rank and file.
One of the critical arguments of this book is that, despite formal con-
straints on the influence of party leaders over the rank and fi le, there were
many informal mechanisms through which leaders asserted themselves
as necessary brokers to advance the interests of party members. As dis-
cussed earlier in this chapter, it is unclear whether legislative leaders had
sufficient powers to influence the political careers of the rank and fi le.
When leaders had strong powers to select party candidates and decide on
allocation of seats before 1996, party members were not allowed to seek
immediate reelection; after the 1998 election, when legislators no longer
faced term limits, the personalized voting rule limited for a few years the
effective influence of party leaders on candidate selection and seat alloca-
tion. Yet, party leaders were important to advance legislators’ rent-seek-
ing, vote-seeking and office-seeking ambitions (Fenno 1973; Strom 1990;
Altman 2000). In other words, party membership was “instrumental” to
advancing legislators’ ideological, institutional and distributive concerns
(Desposato 2006). For one thing, leaders remained important agents to
advance their legislators’ progressive ambitions (Carey 2007; Samuels
2002: 315–6), helping them attain political office (elected or not) beyond
the congressional arena. Leaders could also advance—or block—policy-
making initiatives by controlling the legislative agenda through commit-
tee allocation, voting procedures, and quorum requirements. Finally, and
82 Informal Coalitions and Policymaking in Latin America
more immediately, leaders could help the rank and fi le with particularis-
tic favors for their individual benefit or their districts’, such as business
concessions and licenses, or government jobs for their friends and family
members.
From the president’s perspective, the brokering role provided by party
leaders was critical for coalition success: leaders reduced the costs and
uncertainties of negotiating with multiple parties in the legislature. On
the one hand, they were aware of the needs and demands of legislators
when negotiating legislative support with the executive. On the other
hand, leaders were agents responsible for delivering the necessary votes
to pass the government-led reforms. Without effective leaders, presidents
could in theory seek the support of a different legislative partner, and
party members will be likely to seek a more reliable broker to advance
their own ambitions.
A couple of examples illustrate that leaders negotiated “mixed pack-
ages” with the executive in exchange for votes. According to an Ecuador-
ian newspaper, the son of former president Abdalá Bucaram and leader
of the Roldosista bloc (PRE), Jacobo Bucaram Pulley, negotiated a leg-
islative agreement with the government. In exchange, the party would
obtain embassies in Russia and Panama, the Urban Development Min-
istry, fi scal transferences for (PRE-Governed districts) Esmeraldas, Los
Rios and Machala, as well as the reorganization of Electoral Tribunals
and the Constitutional Tribunal.12 Another arena subject to political
bargaining was the political conformation and control of the judicial
system and the structure of courts, and the administration of Customs
and importing regulations. In 1982, the CFP militant and leader Gary
Esparza was reportedly appointed as head of the Customs Administra-
tion Authority by President Hurtado, as a “good will gesture” to secure
the votes of his legislative bloc (Mills 1984).
Given the advantages of negotiating “in bloc” with the executive,
why—and when—would individual legislators choose to defy leadership
and go alone on a vote? Strictly speaking, there are two possible scenar-
ios: when legislators oppose their leadership and the president, and when
they oppose the party leader to vote with the president. The fi rst scenario
could be explained as a marginal position-taking strategy, where the leg-
islator signals her rebellion against the party and the government to her
voters, knowing that the leader is unwilling or unable to sanction her
discourse. An example is legislator Leopoldo “Polo” Baquerizo (1998–
2002), a popular Guayaquil TV show host, who used his popular appeal
to bring votes to the sponsoring Christian Democratic (DP) party. Polo
Baquerizo often appeared as a legislative underdog, introducing bills that
went against the party line and the government’s, such as a bill to sub-
sidize the costs of utilities for retired people, in order to maintain his
political appeal with those who elected him.
Party Brokers and Voting Unity in the Ecuadorian Congress 83
In the second scenario, when party members defect their party line in
order to vote with the president, there is an implicit calculation that the
selling of a vote would yield an expected benefit greater than the internal
cost of dissent. Like the previous type, these legislators are local caudillos
who own or have access to local media, business or sporting clubs, and
they cultivate their own clientelistic networks in the province. If the party
leader failed to deliver the benefits of government coalitions, local cau-
dillos were in a position to take their “business”—or their electoral base
of support—to another party that offered better bargaining prospects or
went directly to negotiate coalition payoffs with the executive.
The chapter uses roll call analysis to make a fi rst empirical assessment of
party unity patterns in Ecuador. Even after eliminating non-controversial
votes and controlling for measurement bias, the chapter fi nds surprisingly
high voting unity among Ecuador’s “unruly” parties. It also shows that
party unity changes along the ideological spectrum, with more disciplined
parties located at the left and right of the ideological spectrum, and less
disciplined parties clustering around the median legislator.
The empirical fi ndings reinforce existing contributions that highlight the
formal and informal roles played by party leaders (Carey 2007; Figueiredo
and Limongi 2000) and presidents (Amorim Neto and Santos 2001) in pro-
ducing high party discipline even in a fragmented legislature. Party leaders
are modeled as political brokers who gather the necessary votes to pass the
president’s agenda in exchange for policy concessions, key cabinet posi-
tions, pork and patronage for the rank and fi le. The flow of presidential
rewards in turn expands and reinforces the informal authority that party
leaders have over the rank and file.
High unity scores also helped enhance the party’s reputation as a reli-
able coalition partner. The model fi nds that parties who had a previous
record of discipline in any given year were more likely to vote for the
president’s proposals in subsequent votes. Unfortunately, there is no avail-
able data in Ecuador to directly match whether disciplined voting was
associated with larger or consistent government transfers to the districts
of loyal legislators. Nevertheless, this conclusion can be inferred given the
fact that parties who voted with the government featured higher unity
scores than opposition parties.
Other fi ndings indicate that the likelihood of government voting
decreased with the proximity of new elections, but remained unaffected by
the ideological preferences of political parties.
The chapter fi ndings suggest that the presidential strategy of individ-
ual vote-buying—purchasing individual legislators with selective material
84 Informal Coalitions and Policymaking in Latin America
rewards—was not a widespread practice as commonly believed, but rather
a marginal decision to provide insurance against uncertain voting majori-
ties. When presidents opted to break opposition parties and bypass party
leaders to attract a few defectors, these rebel legislators were usually indi-
viduals with short legislative careers, elected in smaller—usually poorer—
districts, and with a previous record of party switching. The next chapter
explores whether who the pivotal players are, where they come from, what
they want, and most importantly, when they vote to defy the party line or
to abandon the party permanently.
5 Voting at the Margins
Pivotal Players and Coalition-Making
Why do legislators sometimes challenge the party leaders and vote against
the official party line? When do some legislators who vote with the gov-
ernment strategically challenge their party on selected votes only, while
others opt for outright (public) party defections? The occurrence of party
defections and party dissidences is critical to understand the dynamics
of coalition-making: these events effectively disrupt the electoral link
between voters’ policy preferences and their representative’s actions, bring
uncertainty to the composition and durability of congressional majori-
ties, and alter the structure of the party system as a whole (Mainwaring
1999:146; see also Linz and Valenzuela 1994; Jones 1995; Mainwaring
and Shugart 1997; Amorim Neto 1998b).
This chapter frames the legislator’s voting dilemma around three pos-
sible choices: to stay with the party line (loyalty), to question the party’s
official line (voice), or to break away from the party (exit). According to
the theoretical framework outlined in Chapter 2, party defections will
tend to happen when an individual or pivotal legislator decides to chal-
lenge the party line and vote with the president in exchange for some
pork and patronage.1 In this bargaining game, party leaders lacked the
electoral or legislative leverage to induce unified voting.
Consistent with empirical fi ndings reported in Chapter 4, the analysis
of party switching, also known as “camisetazos” or change of shirts in
Ecuador, illustrates that defections in general were more an exception
than a rule. Rather than being opportunistic agents willing to vote with
the highest bidder, party switchers conformed to a well-defi ned political
profi le, and usually switched in blocks, at particular points in time. The
chapter shows that camisetazos were motivated by unique incentives to
develop political careers outside the established parties and these prac-
tices were tolerated, for most of the time, by the absence of legal barriers
or sanctions to prevent this kind of behavior. Switchers were likely to have
a strong connection to local clienteles (most defectors come from small
provinces), and were likely to avoid high relocation costs in the ideologi-
cal spectrum (legislators from right or left parties were less likely to defect
than “center” legislators). Defectors were more likely to abandon their
86 Informal Coalitions and Policymaking in Latin America
parties at the beginning or at the end of the legislative period, to maxi-
mize the political benefits of electoral years.
An account of party switching incidents shows that there were 218
defections between 1979 and 2002. Taking into account the total number
of legislators-per-year that sat in Congress during that period (2002), we
fi nd that on average, approximately 11% of legislators switched parties
every year. Interpreting these results in comparative perspective is a dif-
ficult matter given the different reporting formats of each country. Yet, a
preliminary survey of party switching rates in three other Latin Ameri-
can countries suggests that Ecuadorian legislators tend to defect less
frequently than their Brazilian or Guatemalan counterparts. Applying a
similar aggregation rule (number of switches divided by legislators-per-
year), I fi nd that an average of 12.3% of Brazilian legislators switched out
of their parties every year between 1990 and 2006, and 16.7% of Guate-
malan legislators did the same between 2000 and 2008 (Desposato 2006;
Fortin 2008). 2 The other Latin American case for which party defection
rates were identified is Panama, with less than 5% of legislators switching
parties in a given year (Guevara Mann 2001).
The following pages explore patterns of variation for the Ecuadorian
case. The next section explores in greater detail the individual motivations
to defect, the potential payoffs and the costs involved with abandoning
the party organization. The next two sections propose a measure of party
switches and test the model. The fourth section reinforces the validity of
fi ndings by extending the party defections model to explain party dissent
or undisciplined voting. The fi fth section compares the institutional pro-
fi les of these two types of pivotal players—dissenters and defectors—and
concludes.
Party switching is defi ned as the legislator’s decision to abandon the party
label under which he or she was elected, in order to join another party
or to remain independent of political affi liation. As illustrated in Chap-
ter 3, this defi nitive breach of party loyalty must be distinguished from
party indiscipline, which occurs when legislators simply voice their dis-
agreements by voting against the established party line on a given vote
(Krehbiel 1998; Ames 2001; Morgenstern 2004). The individual decision
to stay or leave the party is well captured by Albert Hirschman’s Exit,
Voice and Loyalty dilemma (1970). Initially proposed to analyze con-
sumer response to quality deterioration in a product, Hirschman explains
that dissatisfied consumers will choose to switch (exit) to another prod-
uct when they have exhausted the opportunities to raise their complaints
(voice) to the producer (Hirschman 1970). The empirical implication is
Voting at the Margins: Pivotal Players and Coalition-Making 87
that an effective combination of voice and exit can be useful to heighten
product quality and improve the organization (Kato 1998: 858). While
this chapter cannot test whether party switchers and dissidents had a
positive effect on the quality of the organization, it underscores the rea-
sons these agents chose to disagree with some party decisions or to make
a defi nite choice and abandon the party organization.
In the legislative arena, the value of party unity hinges on the implicit
notion that party members share common political goals and objectives,
which, in turn, are reflected by the party’s policy platforms (Downs 1957;
Aldrich 1995). In this sense, political organizations are instrumental to
solving their members’ collective action dilemmas and maximizing their
electoral, office or policy ambitions (Strom 1990; Cox and McCubbins
1993). Confl ict appears when party members voice different ideas about
their own notion of the public good and the party’s idea of collective good
(Kato 1998: 859). Chapter 4 explored the instruments and motivations
available to party leaders to enforce disciplined voting. This chapter is
mostly concerned with the legislator’s perspective and the possibility of
permanently defecting from a party organization. The decision of break-
ing party loyalty is a rational cost-benefit decision by which legislators
“compare the deterioration, disutility, discomfort and shame of remain-
ing a member to the prospective damage which would be infl icted on
(them) as prospective nonmember(s) ( . . . ) by the additional deteriora-
tion that would occur if (they) were to get out” (Hirschman 1970, cited
in Kato 1998: 858). Party defections occur when the expected political
benefit from becoming a free agent exceeds the perceived (electoral or
legislative) cost of breaking away from their organization (Kato 1998;
Mainwaring 1999). The next section explores in more detail the benefits
and the costs of party switching.
Modeling Defections
The dependent variable is operationalized as the number of times Ecua-
dorian deputies abandoned their parties between 1979 and 2002. The
units of analysis are broken down into legislator-years (one case = one
legislator in one legislative year); for a total of 2002 cases, that is an aver-
age of 87 legislators in each congressional session during more than 23
years of legislative activity since the return to democracy. Measuring the
rate of individual party changes on a year-to-year basis is a significant
advantage over existing studies for two reasons. The current literature
has developed aggregated indices of “parliamentary change,” taking into
account the total number of deputies that each party gained or lost from
one period to the next (Nicolau 1996). This method is not sensitive to the
fact that party switching rates may cancel each other out if the number
of outgoing legislators in a party equals the number of incoming deputies
(Mainwaring 1999: 142–3). Another problem with aggregate measures
is that legislators can switch parties more than once during a legislative
period (e.g. he or she fi rst becomes independent and then affi liates to
another party) or they can return to Congress under a different party
label in the next election. The current yearly measure successfully cap-
tures these contingencies. Figure 5.1 illustrates the incidence of party
switching. As the chart shows, party defections are closely connected to
Voting at the Margins: Pivotal Players and Coalition-Making 91
Table 5.1 Logit Estimates for Explaining the Number of Party Switches 1979–2002.
continued
96 Informal Coalitions and Policymaking in Latin America
Table 5.1 continued
Table 5.2 Frequency and Direction of Party Defections with Respect to the
Government Party (1979–2002).
Pearson C2 = 1539.855***
Voting at the Margins: Pivotal Players and Coalition-Making 101
party switching probabilities confi rms that a legislator from the largest
party in Ecuador had less than a 0.1% possibility of switching, whereas a
legislator coming from the smallest possible party has a 19% probability
of defection (Mejía Acosta 1999).
Thus far, I have shown empirical evidence to argue that party switchers are
keen to cultivate a good electoral connection as a means to advance their own
political careers. I argue that party defections were context-specific events,
and most of those occurred to support government majorities. Party switch-
ers share an identifiable and consistent political profile: they tend to come
from smaller districts, centrist ideologies and their defections are carefully
synchronized with the electoral calendar. This section reinforces the thrust
of the argument about pivotal players by extending the analysis to party dis-
senters, legislators who temporarily abandoned party discipline in order to
vote with the government.
The empirical analysis is based on a highly controversial and well-
documented congressional vote on fi scal reform in May of 2001. The
proposed bill was introduced by President Gustavo Noboa as part of the
reforms package needed to cement the dollarization scheme adopted in
2000 and receive fresh credit from the International Monetary Fund. In
order to improve fiscal fi nances, Noboa proposed to increase government
102 Informal Coalitions and Policymaking in Latin America
revenues with a hike in the Value Added Tax, from the existing 12% to
15%. Since the early months of 2001, both the President and the Finance
Minister had tried to persuade party leaders of the benefits of adopting a
fi scal package, but the bill—introduced as an economic emergency bill—
was strongly opposed by the congressional blocs.18
Congress denied the president’s reform package on March 29th, and
Noboa threatened to use a partial veto to insist on economic reforms.
Thanks to the 1998 Constitutional reform (Art. 154), the president could
use a partial veto and “resubmit an alternative text” to Congress, which
could be overridden only with a qualified majority (82 of 123 legisla-
tors). If the majority were not met, the bill would automatically become
law. With frustration, the executive acknowledged that other legislative
strategies—with the exception of vote buying—had been tried and failed
to secure support for the proposed fi scal reform.19 With the exception
of the independent MIN group, legislative leaders publicly announced
their opposition to the proposed reforms, and leaders of the rightist PSC
even produced a notarized agreement whereby party members signed
their opposition to the president’s tax increase. Given the use of a partial
veto, the legislative outcome depended on whether the legislative major-
ity could guarantee 82 or more votes to override the veto, or whether the
president could break the qualified majority. According to the Legislative
rules, absent votes were also counted as support for the president.
In the end, the legislative attempt to override the veto was blocked
by 11 votes, 12 abstentions and 22 absences from different parties. A
revised government proposal to set the VAT at 14% became law. Press
accounts reported that “absent” legislators claimed “not being aware
the vote was taken,” “being stuck in traffi c,” “having to attend a family
emergency,” or simply “not being able to decide on a vote and choosing
to abstain.”20 Did legislators sell their loyalty to the government?
In subsequent days, newspapers reported that the pivotal legislators
responsible for the government victory received different types of politi-
cal and material rewards, including fast-track loans for their districts,
patronage and key diplomatic posts for their relatives, and arguably,
some even received cash advances of several thousand dollars. 21 Outraged
party leaders promised to apply the “Ethics Code” to expel those legisla-
tors from their parties, but only one out of more than 20 accused legisla-
tors was effectively thrown out of his party for undisciplined action. 22
The next section uses logit regression analysis to explain the likeli-
hood of a legislator voting with the president in this controversial fi scal
reform vote (1 = for, 0 = against). Table 5.3 illustrates the regression
results.
Voting at the Margins: Pivotal Players and Coalition-Making 103
Party Dissidents and the Electoral Connection
Figure 5.2 Probability of voting with the president by district magnitude and party
size. Fiscal reform (May 2001).
104 Informal Coalitions and Policymaking in Latin America
Table 5.3 Individual Probability of Voting for Fiscal Reform, Logit Estimates.
Independent Variables Model A Model B Model C Model D
Figure 5.3 Probability of voting with the president by legislators’ political careers:
party switches and number of reelections. Fiscal reform (May 2001).
106 Informal Coalitions and Policymaking in Latin America
is tested by looking at the number of times a legislator has switched away
from his or her original party in the past and current voting. Empirical
results show that a previous party switching record increased the legisla-
tors’ probability of supporting the fi scal reform bill (Models B, C and D
in Table 5.3).
A second fi nding is that a higher number of legislative reelections
reduced the likelihood of party dissidence (Models A, B and D). By
contrast, legislators who had been elected to Congress for the fi rst time
in 1998 were more likely to break party ranks and vote with the presi-
dent, as illustrated by Figure 5.3. The evidence suggests that legislators
who had no long-term attachments to party cadres were more likely to
risk their political fortunes outside the party. In general, institutional
rules favored political amateurism: between 1979 and 1996 more than
85% of the Ecuadorian Congress was composed of inexperienced legisla-
tors who could not pursue legislative careers due to a constitutional ban
on immediate reelection (Mejía Acosta 2003). And although reelection
rates doubled from 13% to 27% of the total number of legislators after
consecutive reelection was reinstated in 1998, most of Ecuadorian leg-
islators still had no previous legislative experience. The political careers
argument could also be applied to legislators with progressive ambitions:
those who had interest in pursuing political arenas beyond the legisla-
ture, such as provincial, city or bureaucratic positions, were less likely to
challenge the party leadership in the short run (Pachano 1991; Amorim
Neto and Santos 2001; Samuels 2003).
Figure 5.4 Probability of voting with the president by party size and party unity.
Fiscal reform (May 2001).
108 Informal Coalitions and Policymaking in Latin America
more likely to contribute with government votes (Models A through D
in Table 5.3).
In a manner consistent with the logic of making ghost coalitions,
defecting legislators from other parties lend support to government
reforms by disguising their vote as “absences” and “abstentions,” which,
according to internal legislative rules, were effectively added to support
the government’s proposal. In subsequent days, both presidents and leg-
islators repeatedly denied vote-buying accusations, praising instead the
“patriotic efforts” of those legislators who voted their own conscience
for the good of the country. 25
This chapter challenges the conventionally accepted view that party indis-
cipline and party switching are generalized features of the Ecuadorian
coalition-making process. I argue that party defections and dissidence are
well-calculated events, usually around particular issues of controversy, usu-
ally following unwritten procedures and targeting a consistent type of “vul-
nerable” legislators. Table 5.4 summarizes the findings of this chapter.
A common characteristic of pivotal players is their strong electoral
connection. Legislators, most likely local caudillos, who built a local cli-
entele in their provinces were most likely to challenge the party leadership
and even defect the party and run by themselves or under the umbrella
of another party. Those who had the electoral autonomy to defect made
a political career by making ad hoc deals with different political parties
and administrations.
Pivotal players were more likely to come from smaller districts. The
strong influence of local and provincial interests on the formation of
government coalitions was reinforced by the severe malapportionment
affecting the Ecuadorian legislature. The overrepresentation of smaller
provinces in the national legislature made the president’s agenda a hostage
of local interests. But presidents were also more likely to target the sup-
port of party switchers and party dissidents coming from small districts,
arguably because they could assemble “cheap” coalitions for reform with
this type of pivotal players.
In general, pivotal legislators had short or opportunistic political careers.
In the case of party dissidents, amateur legislators were more likely to
defect the party and temporarily vote with the government, whereas legis-
lators who had gained some degree of seniority with their party were more
likely to stay loyal. In the case of party switchers, the decision to defect was
linked to long-term career prospects. Party switching was an instrumen-
tal way to advance political ambitions, but legislators were more likely to
switch parties if they had the electoral security to do so, for example, by
having been elected several times in the same district.
Voting at the Margins: Pivotal Players and Coalition-Making 109
Table 5.4 Motivations of Pivotal Players to Cooperate with the Government.
Everyone, except bumblebees themselves, knows that bumblebees are not fit
to fly. The difficult combination of a large body mass with relatively small
wings should represent a challenge for flying. Similarly, no one expects that
a highly fragmented congress with rent-seeking legislators would be capable
of producing significant economic reforms. But they did. Why did opposi-
tion legislators vote for highly unpopular economic reforms? What kind of
payments did they receive in return? And how were legislative agreements
enforced and or defections sanctioned?
This chapter develops a more detailed, qualitative account of ghost
coalitions as informal mechanisms created to facilitate legislative coop-
eration. Ecuadorian politicians confronted two types of barriers for mak-
ing reform coalitions. First, presidents lacked single-party majorities and
most legislators had short-term political ambitions due to the nature of the
electoral rules. Secondly, politicians confronted high reputational costs for
voting with the government, usually because government cooperation was
believed to be associated with illegal acts of corruption. As former presi-
dent Jamil Mahuad once remarked: “the worst insult you can tell an Ecua-
dorian politician is to be a gobiernista.”2 The poor cooperation prospects
were further eroded when governments were unpopular. In fact, the curse
of being a gobiernista usually became a self-fulfi lling prophecy: uncoop-
erative legislators contributed to policy deadlock, which led to government
ineffectiveness. Poor government performance, in turn, negatively affected
job approval rates, thus scaring away any possible legislative partners.
This chapter discusses the emergence of ghost coalitions as mechanisms
that helped secure legislative agreements. The reference to the informal insti-
tutions framework is a useful way to analyze who were the main actors mak-
ing the coalitions, what motivated them to form agreements, and how those
agreements were upheld or sanctioned (O’Donnell 1996; Helmke and Lev-
itsky 2004). The information about existing coalition incentives, their value
and their use is reconstructed from dozens of detailed field interviews with
legislative party leaders, former government officials, and four former presi-
dents. The information is verified and complemented with documents from
congressional hearings and extensive printed and electronic media archives.
112 Informal Coalitions and Policymaking in Latin America
The chapter also discusses the ways in which informal legislative agree-
ments were effectively sustained, and how defections were sanctioned.
Presidents frequently reshuffled cabinet positions and local government
appointments, or temporarily suspended government transfers to legisla-
tive partners to remind and reinforce legislative compliance. More intense
levels of political conflict, including, for example, congressional threats to
impeach government officials, also reflected policymakers’ efforts to rene-
gotiate congressional alliances under the table or sanction political defec-
tions. In the last part of the chapter, I offer two rich analytical narratives to
illustrate the roles of ghost coalitions for adopting modernization reforms
(1992–1995) and dollarization reforms (1998–2002).
Students of Latin American politics are familiar with the idea that politi-
cians have often relied on clientelistic and patronage networks to cement
political support between voters and their candidates, and/or within the
political elite. This is especially true in polities governed by weak political
institutions. Patronage can be thought of as the discretionary use or distri-
bution of state resources to cement the loyalties of political allies (Main-
waring 1999: 176). Clientelism is understood as a personal, asymmetric
and informal relationship between two players, in which a patron controls
access to benefits and resources that the weaker partner desires and may
even be able to coerce partners into compliance (Mainwaring 1999). The
two defi ning elements of these exchanges are voluntarism and reciprocity.
Voluntarism refers to the possibility that one of the players—the client—
may opt out of the relationship and fi nd a more suitable patron, though this
cooperation may be “structurally induced” by the asymmetric nature of
powers. Reciprocity explains that political players expect a mutual benefit
from the exchange, thus the relationship ceases to exist when the expected
benefits do not materialize (Menéndez-Carrión 1986: 94). Obtaining state
resources for a specific region or the making of power-sharing agreements
between elites are often legitimate practices not proscribed by the constitu-
tion and not necessarily linked to corruption. Clientelistic exchanges were
not necessarily illegal but the prospects for corruption increased when
exchanges took place in poorly institutionalized poliarchies with eroding
legal authority and weak accountability links (O’Donnell 1996). Scholars
often refer to the inefficiencies produced by cementing legislative alliances
with clientelistic practices, claiming that they produced opportunistic and
expensive instances of cooperation over fi nite issues (Haggard and Kauf-
man 1995; Mainwaring 1999; Ames 2001). Students of Ecuadorian politics
have echoed similar concerns about the pervasive effects of using patronage
and clientele networks in the making of political agreements (Burbano de
Lara and Rowland 1998; Sánchez-Parga 1998).
Ghost Coalitions in the Making of Economic Reforms 113
In recent years, the use of an informal institutions framework has offered
a useful toolbox to analyze the incentives and sanctions associated to clien-
telistic exchanges. Rather than focusing on normative or missing elements
that defi ne these exchanges, the focus is on the observed rules of the effec-
tive policymaking game, beyond the prescriptions of formal democratic
institutions (O’Donnell 1996: 9).
Informal institutions emerge to address power asymmetries produced by
unequal distribution of resources in society (Knight 1992: 123). In order
to overcome distributional challenges to collective action, actors adopt
“socially shared rules, usually unwritten, that are created, communicated,
and enforced outside of officially sanctioned channels” (Helmke and Lev-
itsky 2004). Briefly, informal institutions are not conceived as regular pat-
terns of recurrent behavior, but such regularity responds to a widely known
and accepted rule; they do not prescribe illegal behavior, and violations of
the agreed rule must be followed by some type of sanction (Helmke and
Levitsky 2004).
The “effectiveness” of informal institutions to alter formal institutional
outcomes is determined by the extent to which the actor’s goals are compat-
ible with existing (formal) rules. In this sense, informal institutions could
offer actors complementary, substitutive, conflictive or accommodating
incentives to those offered by formal institutions alone (Helmke and Lev-
itsky 2004; Lauth 2000: 25). In the legislative arena, for example, infor-
mal institutions helped to complement and accommodate the institutional
constraints to make coalitions left by the previous military regime. Chil-
ean elites created informal power-sharing mechanisms to curb presiden-
tial power and “enhance coalitional trust and provide insurance policies
against potential exclusion” (Siavelis 2006).
Figure 6.2 Presidential net job approval ratings. Quito and Guayaquil (July 1988–
March 2001).
Any newly inaugurated president knows that vote trading is “the name of
the game in town” when it comes to coalition-making in Ecuador.5 The
coalition-making challenge consisted of allocating effective incentives in
order to extract reliable legislative support for the reform agenda. Presi-
dents could, for example, try to reduce transaction costs by negotiating with
major party leaders instead of assembling piecemeal support from small
parties and independent legislators (Morgenstern and Nacif 2002). Presi-
dents preferred to buy “wholesale” legislative support by making “package
deals” with party leaders (Saiegh 2003). Party leaders played a crucial role
as coalition brokers: their success depended both on their ability to commit
and deliver secure legislative support to the president, and on their capacity
to obtain patronage and resources for their legislators’ districts and/or the
legislators themselves (Carey 2007; Samuels 2002). But making alliances
with an opposition party—instead of promoting individual defections—
increased the political liability of potential partners. Parties not only shared
public responsibility for policy decisions but they also became visible tar-
gets for other opposition parties who might profit from their policy failures
in the next election.
In order to promote coalitional trust around “wholesale” agreements,
presidents made—and sustained—concealed offers to potential allies will-
ing to lend congressional support.
The “secretive” nature of the agreements was a key premise for coalition
success: cooperation was secured as long as partners systematically denied
118 Informal Coalitions and Policymaking in Latin America
any form of cooperation. Often the media reported on these encounters, but
government officials and party leaders denied the existence of such pacts,
claiming in the best of cases that there was a “coincidence of interests” for
the good of the country. During the Hurtado administration (1981–1983),
Mills reports that Gary Esparza, the elected president of Congress in 1983,
consistently denied he was the candidate of the official alliance (1984: 71).
The leftist Izquierda Democrática Party (ID) enabled the election of Esparza
by voting for a dummy third candidate. According to the weekly magazine
Vistazo, this legislative strategy of lending “support without supporting” was
believed to be been part of a government negotiation (“La convergencia al
revés.” Vistazo, August 26, 1983). Different “government” alliances had been
formed in previous years with “different degrees of formality” between the
government and the Christian Democrats (DP), the Democrats (PD) and the
former Roldosistas (MIN), but no party dared call this relationship a “pact”
much less a government pact” (1984: 71). When reporters asked Esparza
about his role in advancing key government proposals during the previous
three years, he replied that his only interest was “the preservation of democ-
racy and not any government cooperation” (Mills 1984: 72). According to
Mills, several other legislators explained that Gary Esparza later obtained
control over Customs Administration, most likely as a reward from the Hur-
tado government for advancing important legislation in Congress (Diario El
Comercio, 10 August 1983, cited in Mills 1984: 72).
Disclosing political agreements often led to public confrontations, scan-
dals, and the demise of such alliances. When parties failed to deliver the
promised support, presidents threatened to reverse policy concessions,
delay loan or contract approvals, or simply dismiss (sack) their partisan
appointees from their government jobs. If, on the other hand, the presi-
dent failed to deliver an agreement, a disgruntled party could threaten to
mobilize social support against a set of reforms, launch impeachment pro-
cedures against a cabinet minister, initiate judicial procedures against key
government officials, or reverse legislative reforms. The following section
discusses in detail the scope and value of diverse coalition payoffs and the
following section illustrates how different informal mechanisms helped to
secure legislative agreements or punish legislative defections.
Wholesale Agreements
Office
Power Sharing** Political parties National Judiciary, electoral,
gain control of and constitutional
political offices tribunals, Superin-
tendents
Cabinet and sub- Political parties, col- National Different cabinet
cabinet appoint- laborators and their ministries
ments constituencies gain
ministerial office
Provincial govern- Political parties National, regional, Oil (Petroecuador),
ments and State gain access to provincial Social Security,
Companies money, political Electricity, Devel-
influence and opment Banks,
policymaking Telecommunica-
authority tions)
Policy Concessions
Public policy, Party constituencies National, Lowering tariffs,
policy concessions or interest groups provincial. altering exchange
rate, bailouts
Retail Agreements
Policy Concessions
Licensing and con- Provides monetary Usually regional or Government con-
tracting benefits to provincial tracting in health,
individuals and education, energy.
interest groups
Pork and Rent-Seeking
International, Personal favors to Individual Up to 25% of
regional or local individuals: access Ambassadors,
appointments to money, political Police appoint-
influence and jobs ments
Budgetary alloca- Party constituencies Regional, PSC transfers to
tions /sectional or interest groups provincial local governments
governments (1993)
Rents (from discre- Personal benefits Individual “Man with a
tionary spending for legislators and suitcase” scandals
funds) maybe their dis- (1993)
tricts
Cabinet Ministries
A second level of bargaining took place around the president’s discretion-
ary authority to freely appoint government officials. Roughly speaking,
presidents had authority to appoint at least some 200 of them, including
15 to 20 cabinet ministers and sub-cabinet secretaries for all ministries.
Similar to their roles in parliamentary democracies, cabinet appointments
contributed significantly to cementing pro-government alliances (Amorim
Neto 1998b; Haggard and McCubbins 2001) while granting political par-
ties some policymaking influence and access to a rich source of pork and
patronage for their own constituencies. In Ecuador, for instance, a Health
minister would have the authority to appoint provincial directors, allocate
government contracts, and include friends, allies and family members in
the ministry payroll, among others. Ecuadorian cabinets, however, had
fewer partisan members than virtually any other Latin American democ-
racy, meaning that most cabinet members were not identified with any
specific political party or tendency (Amorim Neto 1998). According to
the logic of ghost coalitions, low cabinet partisanship is explained by
the greater—and public—liability that parties faced for being associated
with the government’s actions. A good example of a “ghost cabinet” was
Noboa’s allocation of the Health Ministry to Dr. Jamriska, an “inde-
pendent” associated with the National Independent Movement (MIN).
The appointment took place just in time to cement the MIN’s vote on
Fiscal Reforms in April 2001. While the promise of a ministry was an
attractive offer to opposition parties, they often preferred to disguise such
appointments as individual—not partisan—collaboration, or settle for
Particularistic Benefits
While most of the payments discussed so far were usually negotiated with
the leaders of political parties, presidents completed legislative majorities
by offering particularistic payments to small parties or “independent” leg-
islators. Legislators defected from their parties when the expected politi-
cal benefit from becoming a free agent exceeded the perceived (electoral
or legislative) cost of breaking away from their organization (Kato 1998;
Mainwaring 1999; Desposato 2006). As illustrated in Chapter 4, an aver-
age of only 10% of legislators abandoned their parties in a given year,
and most of them moved away from opposition parties and remained
independent. These pivotal agents came from marginal but usually over-
represented districts, they had a center/populist party affi liation and they
often lacked legislative experience. Besides pursuing purely rent-seeking
objectives, these agents were mostly interested in delivering public works,
budgetary allocations and personal favors for their constituents. In a 1996
survey of the Ecuadorian Congress done by Mateos and Alcántara, the
vast majority of legislators were in complete agreement with the impor-
tance of bringing resources to their regions as an evaluation of their politi-
cal success (Mateos and Alcántara 1998: 90). An example from the Noboa
Administration (2000–2002) illustrates the use of selective payments to
break party discipline. On May 4th, 2001 President Noboa blocked a
congressional amendment and passed a Fiscal Reform with the votes of
several legislators who went against their parties. In subsequent weeks
the media reported the nature of payoffs received by defecting legislators.
Ghost Coalitions in the Making of Economic Reforms 125
According to the media, Reynaldo Yanchapaxi (four-time DP legislator
from Cotopaxi) obtained better roads for his province, Raul Andrade
(PRE National legislator) obtained a fast-track IADB credit for his native
province Manabí, Fulton Serrano (PRE-El Oro) bargained the governor-
ship of his province for his son, and the direction of the Health Minis-
ter for another relative.8 Though some parties expelled their deputies, an
informal rule of “impunity by consent” was applied to block the applica-
tion of the Code of Ethics in Congress and prevent the recall from office
of the new pro-government legislators. Through this practice, presidents
not only protected but they also nurtured the formation of proto-parties,
often made of independent legislators, to ensure their continued support
for the government. Often, these pivotal actors exerted their blackmail-
ing power to obtain significant concessions from the president, but it was
also in their best interest to comply with their government commitments
or else they ran the risk of losing all material and political privileges, thus
becoming some kind of congressional pariahs.
Figure 6.4 Full of sound and fury? Threats vs. actual impeachment proceedings
(1979–1996).
The main purpose of the book has been to understand the functional dimen-
sion of ghost coalitions, and how they provided presidents and legislators with
142 Informal Coalitions and Policymaking in Latin America
coalition insurance to facilitate policymaking in an adverse environment. But
this volume could not be complete without discussing an important norma-
tive dimension of ghost coalitions: the extent to which they thwarted demo-
cratic notions of representation and accountability.
The notion of political accountability refers to the extent to which
public officials are responsible for their actions “by those they claim
to be entitled to speak for” and across a network of government agen-
cies that can “call into question, and eventually punish, improper ways
of discharging the responsibilities in a given office” (O’Donnell 1999:
165; Mainwaring and Welna 2003). In the fi rst sense, ghost coalitions
created a vertical—electoral—connection between voters and politi-
cians along clientelistic, not policy-oriented, agreements. For much of
the contemporary democratic period, Ecuadorian institutions prevented
the development of “vertical” accountability links between voters and
policymakers. Legislators, for example, were subject to frequent elec-
toral renewal (every two years between 1984 and 1996) but legislators—
and presidents—were banned from seeking immediate reelection. Thus,
elections did not provide the means to reward the good performance of
elected officials nor to “vote the rascals out of offi ce” (Przeworski et al.
1999; Stokes 2001).
Ghost coalitions provided an informal mechanism to “reconnect” the
demands of voters and the career ambitions of politicians. Legislators
were often interested in obtaining the necessary resources from the gov-
ernment to do constituency service in their district. Through government
cooperation, legislators could, for example, deliver pork and patronage to
local cronies, speed up a pending loan for a province, obtain payments on
delayed teachers’ salaries, or help campaign supporters obtain an operat-
ing license for opening a new business or gaining a government contract.
In the absence of immediate reelection, voters rewarded “good perfor-
mance” at the local level. Despite the fact that voters have widely regarded
political parties as corrupt and obsolete institutions, it is likely that voters
were aware of and keen to reward good party performance. Scholarly
research illustrates that political parties during the nineties, continued
to consolidate their regional strongholds in the Coastal region, namely
the PSC and the PRE, and in the Highlands, namely ID, and Pachaku-
tik (Freidenberg 2008; Pachano 2006). By the time legislative reelection
had been reintroduced in Ecuador in 1996, legislators had simultaneously
lost many prerogatives to bargain resources for their constituencies. This
unfortunate shift did, in the long run, undermine the legislators’ ability
to obtain resources for their provinces at the national arena and many
of them sought to continue their political careers as mayors, in the local
government (Mejía Acosta et al. 2008).
The nature of ghost coalitions in Ecuador also influenced mechanisms
of “horizontal” accountability. The absence of horizontal accountability
refers to “the unlawful encroachment by one state agency upon the proper
Ghost Coalitions and Democratic Accountability 143
authority of another” and the corrupt or “unlawful advantages that public
officials obtain for themselves and/or their associates” (O’Donnell 1999:
38–41). The defi nition demands two fundamental clarifications. Regard-
ing the nature of the oversight, horizontal (or intrastate) accountability
should include not only legal transgressions but also oversight and sanc-
tions related to violations of political power, as in the case of cabinet and
ministerial impeachments, where public officials are “answerable” to (and
can be removed by) the legislature (Mainwaring 2003: 11). Secondly, the
notion of accountability should also include cases where actors are not in
a vertical (principal-agent) relationship of hierarchy, for example, when a
public agency or government official is formally (by law or public decree)
answerable to other actor (Mainwaring 2003: 15; cf. Moreno et al. 2003:
80). A case in point is the ombudsman, who is not a principal in the sense
that he or she did not elect Congress or the president (and in some cases the
opposite may be true), “but the president and legislators may be required
to answer to (be accountable to) the ombudsman, the fi scalía, the contralor
and other mechanisms of oversight” (2003: 15).
Formally speaking, Ecuador had a multiplicity of mechanisms and gov-
ernment entities to ensure the oversight and control of government actions.
But ghost coalitions thwarted mechanisms of horizontal accountability by
converting agencies of control and oversight into instruments of coalition
bargaining and political blackmail. The effective application of checks and
balances, for example, was conditional on the scope and nature of political
coalitions. For instance, presidents had the ability to freely appoint cabinet
ministers, but legislators had the ability to initiate impeachment proceed-
ings against them. Legislators could also remove presidents from office on
the grounds of mental incapacity (simple majority required), or through
regular impeachment proceedings (two-thirds majority). Presidents could
nominate candidates for oversight agencies, including the comptroller
general, the procurador, the attorney general, and the superintendents
of banking, public companies, and telecommunications, but the legisla-
tive majority congress was in charge of their selection and appointment.1
Until 1998, the executive and the legislature had joint ability to nominate
Supreme Court judges (CSJ), but these were appointed to a six-year ten-
ure by a qualified (2/3) congressional majority (renewed in thirds every
two years without term limits). Only after the 1998 constitutional reforms
did the Judiciary gain political autonomy in Ecuador: CSJ Magistrates
(composed of a president and 30 magistrates) were nominated by a wide
range of social and political actors and elected within the Judiciary by an
administrative branch called the Consejo Nacional de la Judicatura (CNJ)
and were appointed for life. These reforms were originally meant to reduce
incentives for (political) strategic behavior (Iaryczower, Spiller, and Tom-
masi 2002; Helmke 2004). 2
The political control of oversight agencies was a valued coalition incen-
tive in the complex coalition-making game. Often, the appointees tended
144 Informal Coalitions and Policymaking in Latin America
to reflect the preferences of the pivotal legislator in Congress (usually the
Social Christian Party). Not surprisingly, these agents became “answer-
able” to the partisan preferences of those who elected them. Even after the
1998 reforms that granted formal judiciary independence, the CNJ and the
CSJ themselves were subject to political influencing. At stake, for exam-
ple, was the magistrates’ ability to decide on contradictory resolutions of
minor courts, to declare the “inapplicability” of a legal procedure, to “lift”
the legislative immunity to legislators accused of corruption scandals, to
appoint two of the nine members of the Constitutional Tribunal (TC) and
decide which administrative and unconstitutional demands be submit-
ted before it. The political turmoil over the appointment of two (of three)
new magistrates for the Second Criminal Chamber in 1994 illustrated the
political relevance of pending trials under that jurisdiction: the Isaías case
(prominent bankers involved in a faulty government bailout case to save
their Filanbanco bank), the Bucaram case (former president accused of a
corruption scheme for importing school supplies) and the Mahuad case
(former president alledgedly involved in a campaign fi nancing corruption
scandal). Despite formal predictions for cabinet autonomy, government
control and judicial independence, the political logic of ghost coalitions
permeated the use of judicial inquiries, government audits and even con-
gressional impeachments of government authorities. In the short run, gov-
ernment agencies of oversight and control became instruments of partisan
control and political blackmail. In the long run, the political capture of
oversight bodies undermined citizens’ confidence in the workings of the
democratic institutions (Mainwaring and Welna 2003; Mainwaring et al.
2006).
* * *
NOTES TO CHAPTER 1
NOTES TO CHAPTER 2
NOTES TO CHAPTER 3
NOTES TO CHAPTER 4
NOTES TO CHAPTER 5
NOTES TO CHAPTER 6
NOTES TO CHAPTER 7
1. The 1998 constitution introduced two exceptions: the comptroller is now
nominated by Congress and appointed by the president, while the fiscal gen-
eral is nominated by the Judicial Council and appointed by Congress.
2. These included groups as diverse as former presidents, the Bishops Confer-
ence, former CSJ presidents, other magistrates of the judiciary, the National
Federation of Lawyers, human rights organizations, the deans of the law
schools, newspaper associations, indigenous organizations, teacher and
labor unions, production chambers, and the popular initiative.
Bibliography