CBA Record November 2018

For instance, in the 94 contests with six or more candidates, the last ballot position produced only three winners. One mild caution about the tables is that they do overstate their case slightly. This is because candidates who actively compete for the first ballot position also tend to be active in other ways that can help them win (campaigning, seeking endorsements, etc.). In other words, the tables do not compensate for other important factors that are associated with higher ballot positions. But the large majority of candidates do compete for the first position, and many of the candidates who do not do so are nonetheless active in other ways themselves. So there is no reason to dispute the overall patterns shown in the tables. Seeking an Explanation The underlying mechanism that produces the first-position advantage has not yet been adequately explained. Academic researchers have offered several psychological theories for various ballot-position effects, but a more intriguing possibility is a concept known as “satisficing.” Satisficing was first proposed in the 1940s and 1950s by the Nobel Prize-winning economist and busi- ness scholar Herbert Simon. Simon sought a more practical alternative to the rational- choice theories that dominated econom- ics at the time, based on the idea that a “maximizing” rational decision process using complete information is not always possible or realistic. Today the concept is well established in the social sciences. Applied to elections, satisficing voters do not possess complete information about candidates in a contest, and may not be sufficiently motivated to care much about an office that will likely not directly affect them. These voters will simply choose the first option on the ballot that appears sat- isfactory. The idea has obvious application to lower-on-the-ballot contests for offices such as judgeships. Authors of ballot posi- tion research have had conflicting views on the extent to which satisficing applies to voting behavior. The tables presented here strongly support the idea. Eliminating Positional Advantages The “Why” question about what explains

To register, call 312-554-2056 or visit www.chicagobar.org. Programs are held at the CBA Building, 321 S. Plymouth Ct., Chicago, unless otherwise indicated above. Seminars are also Webcast live (as well as archived) at www.chicagobar.org and West LegalEdcenter. Visit www.chicagobar.org/cle for more information. The CBA is an accredited continuing legal education provider in Illinois. December 12 • 3:00-6:00 p.m. Hot Topics in Federal Tax Law December 19 • 3:00-6:00 p.m. Workshop: Tools for Collaboration in Outlook for Lawyers December 19 • 3:00-4:00 p.m. Hate Speech, Hate Crime, Freedom of Speech and the Rule of Law December 20 • 2:00-4:00 p.m. • Free Updates to the Rules of Professional Conduct November 27 • 12:00-2:10 p.m. The Case for Civility November 28 • 3:00-5:10 p.m. Finessing the Finances: Putting on a Financial Case in a Domestic Relations Trial December 4 • 2:30-3:30 p.m. Workshop: Basic PDF Skills for Adobe December 4 • 2:30-3:30 p.m. Advanced Legal Writing December 5 • 12:00-2:10 p.m. 8 O’clock Call with the Judges: Supplemental Proceedings December 6 • 8:00-8:45 a.m. • Daley Center • Members Free Practical and Ethical Considerations of Litigation Funding December 6 • 12:00-2:10 p.m. The Best States to Retire in from a Tax Perspective December 10 • 12:00-1:00 p.m. How To... Maintain Your Privacy Online While Using Google Chrome December 11 • 1:45-2:45 p.m. • Members Free Workshop: Find the Internet Browser that Works for Your Practice December 13 • 2:00-3:00 p.m. Preserving Your Mental Health in the Wake of Client Trauma December 12 • 12:00-1:30 p.m. Navigating Cases Involving Parental Alienation and Mental Health Issues: Practical Advice from the Bench and the Experts CLE In-Person • Webcast THE CHICAGO BAR ASSOCIATION Continuing Legal Education

CBA RECORD 29

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