In mixed-member proportional (MMP) electoral systems, an “overhang” seat can result if a party wins more seats via the nominal tier (of, typically, single-seat districts) than it would be entitled to if a regular proportional-representation (PR) system were used (i.e, one lacking a nominal tier, whether proportionality is jurisdiction wide or calculated region-by-region). Sometimes these excess seats come about simply because one of the parties happens to be strong enough to win a lot of district races–usually decided by plurality–against a fragmented set of opponents. Such a case occurred in the recent election in Baden-Württemberg. Sometimes one or more overhangs occurs because some small party wins one or more district contests but gets such a small list-vote share that it would not have won so many seats (or any at all) under a standard PR system. Such cases have happened several times in New Zealand and a few times at the federal level in Germany,
The case of a party dominating the nominal tier is not a strategic choice by the party, at least not in the sense that I would understand party strategy. It is not really the party’s fault if it happens to have broad enough support to win a lot of districts. However, the case of a smaller party winning overhangs might be strategic. That is, it might be seeking district wins as part of a plan to boost the seat total of a group of two or more parties beyond what the bloc’s actual support level is in terms of the list votes. A party can do this by entering candidates in one or more key seats where it might win, while encouraging its voters to give their list vote to some larger allied party. Many critics of MMP would say the this sort of strategy is a “rort”–a way of manipulating the system for advantage by undermining the system’s design goal of proportionality. (I am not necessarily making that argument myself, and there may be cases that are manipulation and others that are not, by whatever standard we might choose to apply. For one example much discussed at the time, see the “Tea tape scandal.”)
There is, of course, another type of strategy that I think almost anyone would agree is manipulation–the case where a major party sets up a “decoy list,” and encourages voters to vote for its district candidate and its decoy list. This strategy, if successful, actually converts the MMP system into a majoritarian system: the big party wins its typical large haul of the nominal seats and the decoy wins seats off the list as if it were an independent party. Because the main party and its decoy are technically separate parties, the decoy wins compensatory seats that are not limited by the “entitlement” of the main party, but rather as if it was a party that failed to win district seats and therefore is entitled to a large chunk of of the compensation tier. This has happened in one election in Lesotho (which occasioned a long and interesting comment thread here about how to prevent this), and one in Albania. It also has happened in South Korea recently, although that system is not strictly MMP.1 (I am going to put up a separate new post with some detail on these incidents in Albania and Lesotho.)
Whenever MMP is proposed, among the questions that come up are how you cope with overhangs (the preceding post deals with this question in some detail), and how can you prevent strategic manipulation of the overhang provision?
A post by Craig Rikihana from last December caught my attention on these points for sketching out a case of a potential “overhang gambit” in the upcoming 2026 election in New Zealand. (If you are not familiar with how MMP works or how it came about in New Zealand, he offers useful overviews of these points as well.) The “gambit” concerns the Maori Party and the special constituencies within the system’s nominal tier in which voters who register on the separate Maori voter roll cast their district votes. The party leader is hoping to win up to six of the Maori seats,2 “while deliberately keeping the nationwide party vote for Te Pāti Māori low.” Rikihana goes on, “This alters the mathematics of government. A major party needing TPM’s seats to reach a majority in a 123-seat Parliament (where 62 are needed) must negotiate from a position of weakness. The overhang makes TPM’s support more costly and valuable.”
Something like this has happened before, although perhaps Rikihana is claiming it was somehow less deliberate or less a “gambit.” For instance, in 2008, the Maori Party won five electorate seats but its 2.4% of the list vote would not have entitled it to any seats had it not won at least one nominal-tier seat. The threshold in New Zealand is 5% of the party vote or at least one electorate plurality. By winning one electorate, a party is then eligible for full compensation if it has a party vote sufficient for additional seats; 2.4% would have entitled the party to three seats (again, conditional on having won an electorate). However, by doing so well at the electorate level, it won five. Under New Zealand’s procedure for dealing with overhangs, this meant adding seats to parliament so that other parties do not have their total number of seats reduced. Parliament in 2008 thus increased from its baseline 120 seats to 122. National, the major center-right party, won a total of 58 seats and its main ideological ally, ACT, won 5. These 63 seats actually would have been sufficient for a majority regardless of the Maori Party overhangs. The latter party’s five seats, however, made it an attractive additional partner for National (reducing the leverage of ACT) and it was brought in as a party having “ministers outside cabinet” as is often practiced in New Zealand since MMP was adopted.
If we were to condemn the ambitions of the Maori Party to win multiple overhangs and the potential thereby to make itself pivotal through such a strategy–and again, I am not engaging in any such condemnation–then we might ask what could be done to prevent it. Rikihana claims this gambit is “unique” to New Zealand. He says that other MMP systems “add “balance seats” to fully compensate for overhangs, neutralising any leverage.” It is true, of course, that Germany’s recent MMP systems have allowed the Bundestag to increase greatly in size if needed to restore full proportionality. This was also the case in the recent Baden-Württemberg election, as outlined in the preceding planting. (Remember that this is no longer done at the federal level in Germany, and in fact due to other changes, that system no longer should be considered MMP.)
But is he right about Wales and Scotland?3 I am not aware of any such provisions. In Scotland, every election since the current Scottish Parliament and its electoral system were established has had 129 seats, 73 single-seat districts, and 56 compensatory list seats (determined in regional compensation districts, not Scotland-wide). Overhangs are actually quite common in Scotland, as I define the term. Again, an overhang is any seat a party wins in the nominal tier that puts it over its proportional entitlement. (It is not the seat added to an expanded parliament to counter any such overhang, if the rules call for such a procedure, although the term is sometimes used that way.) Scotland actually has often seen overhangs, inasmuch as the Scottish National Party has been so strong at the district level that it often wins considerably more seats than it would win if the regions were multi-seat PR districts with no single-seat constituencies within them. For instance, in 2011, the SNP won over 70% of the constituency seats on 45.4% of the nominal vote. The party also won 16 lists seats (because there were compensation areas where it had been underrepresented within that region), so it had 69 of the 129 seats (53.5%) despite having won only 44.0% of the party list vote. No “balance” seats were added to prevent such a substantial overrepresentation.
Similarly, every election in Wales under its former MMP system had exactly 60 seats elected. No seats have ever been added to deal with overhangs. As recently as 2021, the leading party (Labour) won 27 of the 40 constituencies despite only 36.17% of the list votes, an obvious overrepresentation that was compensated only to the extent possible under the fixed number of seats available from the list tier. (Similar to Scotland, in Wales the compensation is carried out in regions; Labour also won 3 list seats in 2021.) It should be noted that Wales will no longer use MMP in the upcoming election.
This factual error about “balance” seats in Scotland and Wales notwithstanding, I do not know if there have been cases of “overhang gambits” in elections in these jurisdictions. We had a discussion about some potential “gaming” prior to the 2021 election in Scotland. I was doubtful that the case counted as manipulation, but it did raise some eyebrows. The party that led to the concern, Alba, ended up winning no seats. So if it was a gambit, it was a failed one.
If readers know of other cases in either Wales or Scotland (or London, which also has MMP) in which there was an “overhang gambit,” successful or otherwise, I’d be grateful for the primer. Also, do these jurisdictions have any specific provisions in law or administrative practice that would prevent strategic overhangs, decoy lists, or other obvious or alleged manipulations? It is not clear precisely how one would prevent this sort of alleged manipulation of MMP that comes from small parties seeking seats beyond their proportional entitlement. Such strategies are perhaps inherent in the system. As I have alluded to with respect to the Scottish case, it is not even clear that this sort of strategic overhang is an actual problem needing a fix. In that sense, it is different from the issue of decoy lists, which do seem like a straightforward manipulation, but also one that may have fixes that can be implemented within the context of MMP rules.
In his blog post, Rikihana claims that in Lesotho “overhangs are common and uncompensated” but are “incidental,” rather than a “crafted strategy.” This is, of course, incorrect with regard to one specific election. The case in Lesotho in 2007 was a classic decoy-list strategy. Its occurrence led to the two-vote MMP system being changed before the next election to a single-vote version: now there is no separate list vote, but instead the votes for candidates are accumulated across districts to arrive at list totals for purposes of determining compensation seats. This is a different response from the one taken in Albania, where MMP was abolished entirely in favor of a simple districted list-PR system, since 2009.
Because this post has already become rather long, I will make a separate one with some details about the decoy list strategies in Albania and Lesotho.
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- There is also the case of a former system in Italy, used in 1994–2001, but that also was not MMP, and the setting up of allied parties there was occasioned by a specific feature of that system. ↩︎
- The total number of such seats depends on how many voters opt to register on the Maori roll. In 2023 there were seven Maori seats. ↩︎
- Terminology note: In Wales and Scotland, what I would call a variety of MMP is referred to as an “additional member system.” I dislike this term and do not use it. The list seats are not “additional”; they are compensatory. ↩︎

