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Vote Swapping Ruled Legal

cayenne8 writes "During the 2000 election, some sites were set up for people across the nation to agree to swap votes, among them voteswap2000.com and votexchange2000.com. They were established mainly to benefit the third-party candidate Ralph Nader without throwing local elections to George Bush. The state of California threatened to prosecute these sites under criminal statues, and many of them shut down. On Monday the 9th Circuit Court of Appeals ruled that the vote-swap sites were legal (ruling here, PDF). The court held that '...the websites' vote-swapping mechanisms as well as the communication and vote swaps they enabled were constitutionally protected' and California's spurious threats violated the First Amendment. The 9th Circuit also said the threats violated the US Constitution's Commerce Clause.'"

15 of 496 comments (clear)

  1. Seems reasonable... by nebaz · · Score: 5, Insightful

    If politicians can shape districts to 'coordinate' votes, why shouldn't the people be able to do the same?

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    1. Re:Seems reasonable... by Goalie_Ca · · Score: 3, Insightful

      Signs of a broken system...

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    2. Re:Seems reasonable... by Wordsmith · · Score: 4, Insightful

      And the current system promotes the interests of individuals in low-population areas over the interests of individuals in high-population areas. One vote doesn't equal one vote, which is a problem.

  2. Re:Just Democrats by Marxist+Hacker+42 · · Score: 4, Insightful

    The same software could also solve the Libertarian/Republican crisis as well as the Green/Democrat crisis, so I see no point in arguing that it's one sided.

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    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  3. Re:Just Democrats by XxtraLarGe · · Score: 3, Insightful

    The same software could also solve the Libertarian/Republican crisis as well as the Green/Democrat crisis, so I see no point in arguing that it's one sided. Vote Libertarian--crisis solved :-)
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  4. Doesn't matter by Shagg · · Score: 5, Insightful

    Diebold is already swapping everybody's vote for cash from the highest bidder.

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  5. Here's an idea! by Joe+the+Lesser · · Score: 3, Insightful

    How about we have a system where each vote is equal!!

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  6. vote swapping wouldn't work anyway by deander2 · · Score: 4, Insightful

    there is no way vote swapping would work anyway. voting is private, and you can't prove how you voted even if you wanted to.

    note that this is intentional. (and it's the reason all those voter-receipt-check-that-your-vote-was-counted ideas don't show you HOW you voted) imagine your boss at work saying "everyone bring in your voter receipt wednesday if you want to get a pay check friday!" (or your union leader, who might say "if you want your wife to not have any 'accidents'.")

  7. Re:Just Democrats by Marxist+Hacker+42 · · Score: 3, Insightful

    We libertarians believe in things like civil rights and limitations on federal government power. If republicans have ever supported these concepts, it hasn't been during my politically aware lifetime (last 15 years or so.)

    Youngster. You don't remember Ronald Reagan, who basically ran on civil rights and limitations on federal government power, and who actually popularized "The scariest words in the English Language: I'm from the government and I'm here to help."

    Republicans have certainly become corrupted since then (The current administration very much so), but they're still more likely to limit government interference in the free market than Democrats are.

    Dude, I know it's a popular misconception, especially among the R's, but Libertarians are NOTHING LIKE republicans, and it's just as easy for us to see their behavior is deceitful, wasteful, totalitarian, and just plain disgusting.

    Don't mistake the current crop of oil-industry idiots for the majority of Republicans.

    I don't know what the hell Ron Paul thinks he's doing acting like part of that group of idiots. And don't tell me that they are both supposed to be "conservative". The pointless and unnecessary wars they tend to start and glamorize are the most expensive, wasteful, and downright suicidal (on a national level) government programs I've ever seen.

    Ron Paul and Ronnie Reagan have a lot in common- and while I have a tendency to agree with you on "pointless and unnecessary wars", back in the 1980s they knew how to fight them cheaply with a very minimum of waste. The invasion of Panama was the worst, and even that was over in a couple of weeks. Most followed the War Powers Act that gives the sitting President 48 hours before he has to report to Congress to ask for permission for a war. A good Republican IS a Libertarian.

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    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  8. Reverse Gerrymandering by immcintosh · · Score: 4, Insightful

    To those who are complaining about this: please spare me the bullshit. Gerrymandering has been around a long time, and until we get rid of THAT nonsense, there's no reason I can think of, legal or moral, that its reasonable counter shouldn't be employed by the people being gerrymandered against.

  9. Lie with statistics? by SashaMan · · Score: 4, Insightful

    Umm, actually, you're completely wrong. Is this "lie with statistics" day? The PDF you show lists percentages of cases reviewed by the supreme court that are overturned, i.e:

    number of decisions overturned / number of decisions reviewed = 75% for 9th district

    However, the supreme court only reviews cases that are controversial and/or of judicial importance in the first place. The 9th circuit had a whopping 24 cases reviewed by the SC and 18 decisions were overturned - most of the other courts had only 1-4 cases reviewed.

    The important metric is really:
    number of cases overturned by supreme court / number of cases decided by circuit court

    Your source document does not show this data.

  10. Re:9th Circus ?!? It will be reversed by Sephiro444 · · Score: 3, Insightful

    Your statistics that the 9th Circuit is overtuned only 75% of the time, but the 4th, 5th, 8th and 10th circuits are overturned 100% of the time is incredibly misleading.

    While you can look at the raw percentage numbers alone (and thus you are technically correct), the Supreme Court only granted certiorari on 3, 3, 1 and 1 cases in those respective circuits anyway, while they heard TWENTY FOUR cases from the 9th Circuit in the same time period. Of those, 18 were reversed or vacated (which is 6x the 4th and 5th circuits, and 18x the 8th and 10th). So this notion that the court is reversing more cases anywhere except the 9th Circuit is both misleading and wrong.

    The reason for the numbers is simple: the Court can choose to hear whichever cases it deems needed for its ruling. If it felt the judgment of the circuit court was essentially correct, there is little need to hear it again at the Supreme Court level. On the other hand, if there is serious question about the soundness of the appellate court's decision, the Supreme Court is the only higher power that can undo it. As I think the real numbers in that statistic shows, the Court feels the need to do that in far more cases originating in the 9th Circuit than anywhere else (including the courts of all fifty states combined!). The fact that not every one of those is immediately reversed is just a reflection of the much larger number of cases.

    And FYI, not only is your statistic misleading, but your conclusion is incorrect as well. While the 9th Circuit may hear more cases than some of the smaller areas, it's certainly not 8x-24x, so yes, based on those numbers, any given ruling from the 9th Circuit IS statistically more likely to be heard by the Supreme Court, and it overturned them 75% of the time in 2002. (though I doubt it's a personal grudge against California)

  11. Re:Just Democrats by xappax · · Score: 5, Insightful

    If I vote Libertarian, what odds will you give me that my vote will throw the election to the Democrats?

    If your vote contributes to throwing the election to Democrats, that's the only way it'll be effective.

    Think about it. The Libertarian candidate isn't going to win no matter what, but the Republicans might. If the Republicans can still win and gain power without your vote, then why should they care about Libertarian issues, or your opinions?

    If you vote Libertarian and the Republicans lose because people like you didn't vote for them, it forces them to take notice. They lost the election because certain people were so disaffected by the party that they deliberately withheld their votes by supporting the Libertarians instead.

    In short, the only way you can get mainstream parties to listen to you isn't by helping them win, it's by making them lose, and doing so in a way that clearly demonstrates the direction you want them to take.

  12. As someone who campaigned for Nader in 2000... by greenguy · · Score: 4, Insightful

    Let me say that most of the Greens I've talked to are not in favor of vote-swapping, for several reasons.

    1. As you say, it's not enforceable. You might trust your cousin in another state to trade with you, but that doesn't scale, certainly not via an anonymous website.

    2. It defeats the purpose of voting: to cast your ballot for what you believe in. There's an argument that vote-swapping could bring you closer to what you want in the long run, but picture trying to swap votes in different races with different people in assorted districts in your state -- the calculations get out of hand very quickly.

    3. This is a distraction from the structural flaws in our voting system, such as prohibitive ballot-access laws, first-past-the-post, and the Electoral College.

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    What if I do the same thing, and I do get different results?
  13. Re:Just Democrats by gd2shoe · · Score: 3, Insightful

    You've massively oversimplified the situation. The post you're responding to is much closer to accurate. There are very few ways for a third party candidate to win in our current plurality system. One, if we constantly hear from others (read: media) that they have a chance (Liberman in the last election). Two, if the vast majority of people don't care which candidate gets elected and throw their votes away together (unbelievable, but hypothetical). Three, I don't know. I think there is no three.

    As long as the majority both care who is elected, and don't think a third party has a chance, then the third party candidate has no chance. People will always vote against the party they dislike most by voting for the party they dislike least.

    (shameless plug: that's why we need a different voting method in the US; examples: Instant Runoff (IRV), Condorcet)

    The only reason I think you are voting Libertarian (it sounds like) is because you care more about the principle of the thing than about who actually wins. You sir, are a rare minority (for better or worse).

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