9th Circuit Refuses to Reconsider Last Year's Decision Upholding "Vote-Swapping" Internet Sites

On March 13, the 9th circuit refused to rehear Porter v Bowen, 06-55517. Last year, the 9th circuit had voted 3-0 that a past California Secretary of State had no authority to try to shut down an internet site that let Gore voters in “safe” states pair up with Nader voters in “swing” states. The purpose of the internet was for two strangers to “meet” and make a promise to swap their votes, to the mutual advantage of both.

Last year’s decision, upholding the right of such internet sites to exist, came down on August 27. Now, over six months later, the 9th circuit has refused to rehear the case. Three judges of the 9th circuit wanted to rehear it: Andrew Kleinfeld, Diarmuid O’Scannlain, and Carlos Bea. Writing for all three judges, Judge Kleinfeld wrote an eleven-page dissent from the denial of rehearing. It ends, “If people in one state want people in another state to vote a particular way, they can go there and ring doorbells, send them letters, buy ads on their media, publicize arguments on the internet, and otherwise explain to them why they ought to vote a particular way. But they do not have a constitutional right to buy their votes, with money or promises.”

9th Circuit Refuses to Reconsider Last Year’s Decision Upholding “Vote-Swapping” Internet Sites

On March 13, the 9th circuit refused to rehear Porter v Bowen, 06-55517. Last year, the 9th circuit had voted 3-0 that a past California Secretary of State had no authority to try to shut down an internet site that let Gore voters in “safe” states pair up with Nader voters in “swing” states. The purpose of the internet was for two strangers to “meet” and make a promise to swap their votes, to the mutual advantage of both.

Last year’s decision, upholding the right of such internet sites to exist, came down on August 27. Now, over six months later, the 9th circuit has refused to rehear the case. Three judges of the 9th circuit wanted to rehear it: Andrew Kleinfeld, Diarmuid O’Scannlain, and Carlos Bea. Writing for all three judges, Judge Kleinfeld wrote an eleven-page dissent from the denial of rehearing. It ends, “If people in one state want people in another state to vote a particular way, they can go there and ring doorbells, send them letters, buy ads on their media, publicize arguments on the internet, and otherwise explain to them why they ought to vote a particular way. But they do not have a constitutional right to buy their votes, with money or promises.”

Vermont Instant-Runoff Bill Passes House

On March 13, the Vermont House passed SB 108 on 2nd reading by a vote of 81-60. It passed on 3rd reading on March 14. SB 108 would provide that the state’s congressional elections should use Instant-Runoff Voting, starting this year.

Unfortunately, Governor Jim Douglas, a Republican, hinted recently that he will veto the bill.

Oregon Republicans Run No One for Attorney General

No one filed in the Republican primary in Oregon to run for Attorney General. This is especially good news for Oregon’s Working Families Party. The Oregon WFP is ballot-qualified, but since its registration is quite small, it will go off the ballot if it doesn’t run anyone for one of the statewide offices. WFP hates to injure Democratic nominees, generally. But in the Attorney General’s race, the WFP can now run its own candidate without worrying that it will injure the Democratic nominee.

Thanks to Politics1 for the news about the lack of a Republican in the Oregon race.

Democratic Party Woes in Florida, Michigan Suggest that the Party Has Become Too Dependent on Government

The Democratic Party seems no closer to solving the problem of how to give Florida and Michigan rank-and-file Democrats some input into the national convention. Even though federal taxpayers subsidize the two major party national conventions (over $16,000,000 apiece), and even though state taxpayers pay for major party primaries in all states, the Democratic Party so far hasn’t come up with a solution for itself.

One then compares the Democratic Party to the Constitution, Green and Libertarian Parties. Those latter three parties pay for their own national convention, and yet they have never failed to include delegates from every state (if there were people in each state who wanted to participate!). Those three parties have had contentious national conventions, but each one of those conventions was always capable, in the end, of resolving whom to seat, and whom to nominate for president and vice-president. Self-sufficiency does have its rewards.