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Nader's TradersHow to save Al Gore's bacon by swapping votes on the Internet.

Illustration by Mark Alan StamatyAccording to the Washington Post and the Al Gore campaign, the presidential race is now so close that a strong showing by Ralph Nader in 10 swing states could help give George W. Bush the 270 Electoral College votes he needs to win. This leaves hundreds of thousands of progressive Nader supporters in swing states such as Maine, Michigan, Oregon, Washington, and New Mexico with a dilemma: Should they vote their hearts for Ralph and make sure he gets the 5 percent of the popular vote needed to qualify the 2004 Green Party presidential candidate for federal funding? Or should they vote strategically for Al to stop George?

Meanwhile, hundreds of thousands of frustrated Gore voters trapped in the Republican-controlled states of Texas, Louisiana, Virginia, Utah, and Alaska face a quandary of their own. Bush holds such a commanding lead in these places that even if Gore supporters cast their ballots for their man, he won't win any of those states. These are truly wasted votes.

But wait! There is a way for Gore voters trapped in Republican states to liberate Nader supporters in the tossup states to vote for Gore without actually abandoning their support for Nader and a strong Green Party in the future. The key is a variation on a voting device used in the Senate called "pairing," whereby senators on opposite sides of issues match up their votes if they are going to be away from Washington. (This arrangement is so formal that when the Congressional Record reports the ayes and nays on a vote, it reflects the pairs by name.)

The Gore/Nader vote-swapping plan could use a Web site to pair individual Gore Democrats in Republican states with individual Nader supporters in swing states. Democrats from Texas and other states in the definite Bush column could register at the site by name under a brief text stating that, as Gore supporters in a Republican state, they have concluded that their best hope for contributing to a Gore victory is to vote for Nader in the explicit hope that Nader voters in swing states will correspondingly cast their ballots for Gore. Nader supporters in the swing states could add their names to a similar list under a brief text stating that, as Nader supporters in a tossup state, they have decided to vote for Gore but do so in the explicit hope that Gore voters in Republican states will correspondingly cast their ballots for Nader. Using sorting software, the Web site could then match individual Gore voters to individual Nader voters. If just 100,000 Gore supporters and 100,000 Nader supporters in the key states registered and kept their words, both a Gore victory and federal funding for the Greens could be accomplished.

This plan is not for everyone. Some people regard voting as primarily moral and expressive—not political and strategic—behavior, and they will recoil at the thought of ever pulling the lever for someone who is not their first-choice candidate. I cannot convince them. This is a plan for people who regard voting as essentially strategic behavior that requires us to focus on real-world political outcomes and meanings. But if it is immoral to vote strategically, the campaigns should stop trying to convince people—Nader voters, most prominently—to change their votes.

Others might suggest that the plan won't work because it is based on the honor system, and all citizens will have an incentive to break their own promises. I do not share this rather grim evaluation of human nature. At any rate, I would suppose that the tendency and proclivity to lie are constant features proportionately distributed across members of different political parties. Besides, the logic of vote-swapping is so appealing that it might encourage some Gore and Nader voters to spontaneously cast their ballots for the other guy without registering at the Web site.

Finally, it might be argued that there is something irresponsible about this kind of massive vote-trading. The point is off-base. It is the highest form of democratic politics to consult your fellow citizens about electoral choices. We are obviously not talking about any kind of binding, enforceable contract here. Although state laws prohibit the selling of votes, this would surely not count as vote-selling. Since no one is bound by their statements, it would not even amount to vote-trading, which is itself a perfectly permissible and ordinary activity. Indeed, vote-trading is the essence of legislative logrolling in Washington: You vote yes on my highway bill, and I will vote yes on your tax bill. We compromise to arrive at mutually workable solutions.

The choices we are forced to make in presidential elections reflect the peculiarities of the Electoral College system. In this election, the indecision experienced by Nader Democrats and Greens in tossup states is only matched by the impotent frustration of Gore Democrats in states where the Gore campaign has essentially pulled up stakes and surrendered to Bush. I say they should join forces through the Internet and become professors of the Electoral College rather than dropouts from it.

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Jamin B. Raskin is a professor of constitutional law at American University. This article represents only his own views and not those of the Gore or Nader campaigns.
COMMENTS

Reader Comments from The Fray:


[Note from the Fray Editor: An enormous response to this one. We were sent to this existing vote exchange site. There were long discussions of the ethics of voteswaps, from "so will you advocate swapping wives next?" to "Socrates would endorse this" (here). Rob B explained why vote-swapping might be good for Dems in the short-term and bad in the long-term. This long post is strangely convincing on why voting Reform would be better strategy for Dems: "Buchanan is a extremist lunatic … but the core of the Reform Party is moderate enough to take a wrecking ball to the persistent Republican base. A federally funded, sensibly represented Reform Party could siphon millions of far-right voters and even many moderate conservatives from the Republican camp … and ruin American conservatism well into the 21st century."

Dave expressed his view succinctly: "politically correct amorality." Other post titles we liked were:

Know when to hold em, know when to fold em
Don't be a Nader traitor
Bush wins—oh to be a Canadian
I'll trade welfare for a month for your vote
Voting your heart is never wasted

There were plenty of people offering themselves up for an exchange. Joseph Perez, below, had a positive, can-do attitude. Let's hope he doesn't read the posts below his or he might get put off, one reason or another.]


Let's do it! I'm a technical writer with HTML skills. I can help with a quick down-and-dirty design spec, web site copy, privacy policy, etc and am willing to chip in some $ for a domain name purchase (voteswap.net is currently open--among others). One Web dev with database skills has expressed interest, but would like to hear a dev make a firm commitment. The dev would need to create the simple voter matching functionality with e-mail notification. Also, a graphic artist and public relations person would be nice. Any takers? Contact me at this e-mail address.

--Joseph Perez

(To reply, click here.)



Hey Nader supporters! If you want to be sure that your candidate gets five percent of the vote offer to swap votes with a Gore supporter and then vote for Nader anyway. When you do this, your vote counts double!

--Andy

(To reply, click here.)


This vote-swapping would benefit Bush, because alleged Nader voters (actually Bush supporters) in swing states could say they are going to vote for Gore and in actuality vote for Bush. This would ensure Nader his Green party funding and take away a pairing from an actual Nader/Gore collaborator

--Jason Lee

(To reply, click here.)


If I sell my vote to someone for $100, both I and the buyer are guilty of vote fraud--I for selling my vote and the buyer for buying it. If instead I sell my vote for the vote of another person, I am just as guilty of fraud for selling my vote and, in fact, am also guilty of fraud for buying his or her vote. One act; two fraud counts. It is, to say the least, quite interesting to read about a law professor encouraging people to commit criminal acts.

Notably, among all of the benefits the professor mentioned, he neglected to mention two: by encouraging the "vote pairers" to use the internet, he makes it much easier for the authorities to catch and prosecute the perpetrators and assures that they are subject to federal laws as well as state laws

--Al Bickerstaff

(To reply, click here.)


Ignoring for now the sleazy aspect of vote-swapping, the primary point of voting Nader at all is in order to make the Democrats fear the force of the left. If, as it is asserted, Gore has essentially sold out to corporate interests, etc, then those opposed can take their votes elsewhere, to someone more deserving (or so it is thought), threatening Gore's election even though most of Nader's voters would prefer him over GWB.

This "vote-swapping" is the attempt to be purist on the cheap. Gore gets the votes that count, Nader gets the throwaways. That's party-building, eh leftists? It will damn well send a message--that leftists will always vote for the Democrat no matter how much they may disagree with him, that the "lesser of two evils" will get every bit of support that counts. Nader, it will be seen, can garner any number of useless votes. That's showing that the left has teeth!

I disagree with Nader on a wide range of issues. However, I was considering voting for him because I wish honorable members of the left and the right might get more say in the "debate". As little as I agree with him, Nader as a third-party candidate can bring up important issues for discussion.

But if the conspiracy (or "conspiracy"--I don't care which) is going to give Nader primarily the worthless and meaningless votes (don't you think even the media will notice that?), I'm certainly not going to put my vote in with the most worthless votes of all, the votes for status quo plus a little popularity vote for Nader.

--Glen Davidson

(To reply, click here.)

(10/25)

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