News.com – August 6, 2007:

It took seven years, but a federal appeals court has finally vindicated the creators of vote-swapping Web sites that let Al Gore and Ralph Nader fans support their chosen candidates in the 2000 presidential election.

The purpose of the sites, which included the now-defunct voteswap2000.com and votexchange2000.com, was to let a Nader supporter in a state where George Bush might win “swap” his vote with a Gore supporter in a state like Texas where Republican victory was practically assured.

There was no actual way to enforce the swap. But the killjoys who inhabit government bureaucracies were nevertheless unamused and came up with the bizarre claim that operating a vote-swap site was a criminal act. California Secretary of State Bill Jones even threatened to prosecute voteswap2000.com and votexchange2000.com (which immediately shut their virtual doors in response).

But on Monday, the 9th U.S. Circuit Court of Appeals ruled

“Both the websites’ vote-swapping mechanisms and the communication and vote swaps that they enabled were…constitutionally protected. At their core, they amounted to efforts by politically engaged people to support their preferred candidates and to avoid election results that they feared would contravene the preferences of a majority of voters in closely contested states. Whether or not one agrees with these voters’ tactics, such efforts, when conducted honestly and without money changing hands, are at the heart of the liberty safeguarded by the First Amendment.”



  1. andy says:

    why can’t we have popular voting for elections? the electoral college is bullshit. people wouldn’t have to do stuff like this.

  2. GigG says:

    #1 Why do we need a Senate or a HoR?

  3. GigG says:

    The answer to both your question and mine is that we are a representative democracy not a direct democracy.

  4. Skumpe says:

    The issue I see with this is that it skews the election results for each state, causing candidates to campaign in areas the polls show them as having little support, when in reality they have more support but people have swapped votes with another state where they show having strong support, but they really don’t, and vice versa (that made sense in my head, maybe not so much on paper).

  5. Money says:

    Thats awsome,wasnt the electorate a republican idea?

  6. James Hill says:

    Same court that gets overturned more than any other court. No reason to take this seriously.

  7. joshua says:

    James is right of course. This court almost never has it’s judgements upheld. I get the feeling that this will be another one of their spectacular crash and burn judgements.

  8. Mr. Fusion says:

    #6, & #8 James and joshua,

    Maybe you two lame brained mouths could cite something to back that up. The fact remains that the Ninth is overturned more because it handles more cases, but NOT a higher percentage of cases.

  9. James Hill says:

    #9 – Your worship is noted.

    While the 9th does have the largest volume, the percentage of their cases overturned is still higher than the percentage their volume represents to the whole.

    Source: The left leaning LA Times – http://tinyurl.com/2vsu47

    The 9th Circuit also has a long-running streak as the most overturned, which went unbroken this year. The Supreme Court reviewed 22 cases from the 9th Circuit last term, and it reversed or vacated 19 times. By comparison, the Supreme Court reviewed only five cases, vacating or reversing four, from the next-busiest court of appeals, the 5th Circuit based in New Orleans.

    In other words, although the 9th Circuit decided only one-third more appeals on the merits than the 5th Circuit, it was reversed nearly five times more often.

    I accept your apology in advance.

  10. MikeN says:

    Seems like a reasonable decision, but I imagine that with all the campaign ‘reform’ movements around the country, just about every action related to an election is probable illegal.

  11. malren says:

    Fusion apologize for being wrong? Not bloody likely. PLease don’t hold your breath waiting.

    As for why we need the electoral college? True democracy is three wolves and a sheep voting on what is for dinner. Large coastal states will destroy the smaller ones in the short run under a direct one man, one vote system. They’re the wolves.

  12. tallwookie says:

    You say: “WTS [One Floridanian Vote], 2g”

  13. iGlobalWarmer says:

    The 9th Circuit is the Jerry Springer show of courts.

  14. Thomas says:

    I don’t really see the issue here. It is the equivalent of calling a buddy on election day and saying, “Hey before I vote it looks like my guy is going to tank, lets both vote for the other guy.” Big deal. The people on both ends still have to cast their vote correctly and who knows whether they actually cast it in the way they agreed upon.

    #1
    We should not because we are not a democracy. We are a republic. Amazing that after more than 200 hundred years after the Constitution was signed, most people simply do not understand *why* the government was designed the way it was.

  15. andy says:

    # 3 & 15

    yeah i know that, but the constitution also said that the senate was to be appointed by the legislatures of each state.That was changed by the 17th amendment to them being elected by the people. So why do we still have to have the middlemen chose the President? It’s not necessary in todays America.

    p.s. #15 is the constitution really 200 hundred years old? ;p

  16. Mr. Fusion says:

    #10, James,

    So let me see, in 2002, the Supreme Court looked at 80 cases and reversed 59, or 74%. Of that, the Ninth was reversed 18 of 24 (75% )of their cases. Looks pretty close to average to me.

    But then the Fourth, Fifth, Eighth, and Tenth Courts had 100% of their cases reversed. State Courts were reversed 81%.

    Yes, that is just one year but it isn’t an opinion article written with an agenda.
    http://tinyurl.com/28tetk

    BTW, the Fourth is generally considered the most conservative Appeals Court.

    Sorry, I couldn’t find any more recent national statistics. What I did notice is that all the griping about the Ninth Circuit comes from conservative and right wing nut sites. I’m surprised the LA Times published such a piece even though it was clearly biased.

    Your apology is accepted. Your’s too malren.

  17. Thomas says:

    #16
    > That was changed by the 17th amendment
    > to them being elected by the people.

    And frankly that was a mistake. The Senate was meant to represent the *States* and the House to represent the people. It should have never been changed. What we have now is representatives elected by the people….and other representatives elected by the people. The State’s interests are no longer heard and the result has been the robbing of power by the Federal government.

    RE: 200

    Yes, yes. Typing too fast…

  18. TIHZ_HO says:

    #3 Gigi – “The answer to both your question and mine (#1&2) is that we are a representative democracy not a direct democracy.”

    #15 Thomas “We should not because we are not a democracy. We are a republic. Amazing that after more than 200 hundred years after the Constitution was signed, most people simply do not understand *why* the government was designed the way it was.”

    I agree these facts are obviously misunderstood by the general populous. If the Republic of USA was formed today perhaps the system would be different. Keep in mind the period in time when the system was formed prior to the first general election in 1789.

    America is a totalitarian two party system – the government regulates nearly all aspects of public and private behaviour if not though direct intervention but through continued propaganda and rhetoric. Compare America another capitalistic totalitarian regime as China and the many similarities are striking.

    Q: When was the last Non-Party US president?
    A: George Washington 1789

    Q:When was the last US President neither a Republican or Democrat?
    A: John Tyler 1841 – Whig.

    Do the American people still hold wield supreme power as stated in the Declaration of Independence?

    “…Governments are instituted among Men, deriving their just Powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

    Strong inspirational words – are they true today?

    Happy with the patriot act? Do Americans know what it is? Of course they do! Duh!

    Patriot Act: “Among its provisions, the act increased the ability of law enforcement agencies to search telephone and e-mail communications and medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and enhanced the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts. The act also expanded the definition of terrorism to include “domestic terrorism”, thus enlarging the number of activities to which the Patriot Act’s expanded law enforcement powers can be applied.” cite- Wiki

    All with ‘due process’ of course. 😉

    Cheers

  19. Mister Mustard says:

    >>All with ‘due process’ of course. 😉

    Yeah, Wink. Nudge. I’d ask Alberto about that, but I’m sure that he either would not recall at this time, or would be unable to answer the question at this time.

    How America has fallen in the last seven years. From a noble superpower, leaders of the free world, land of the free and home of the brave, to a laughingstock, governed by chimpanzees, retards, and felons. Mission accomplished, Dumbya?

  20. James Hill says:

    Unfortunately your proofs didn’t invalidate mine. You must enjoy being so worked up by my ability to easily call your bluff, or else you wouldn’t be wasting so much time with meaningless articles.

    While I agree there was bias in the article I referenced, the words of a clerk from the court in question cannot be discounted, and to do so is to merely show your own bias had clouded your own ability to form a logical argument.

    Next time you should have a better train of logic in place before you call bullshit. All you’ve proven is that all courts have decisions overturned, but the 9th is an odd duck in the mix. Thanks for backing up my opinion.

    Fusion, I own you. Accept this and move on with your life… and try a little harder next time.

  21. Mr. Fusion says:

    #22, James,

    Please, take your medication. You are hallucinating again. Yes, yes, we all realize that your wishful thinking has clouded your judgment. You really don’t like being shown you’re wrong.

    Unfortunately your proofs didn’t invalidate mine. You didn’t offer any “proof”. All you posted was an opinion piece with some cherry picked numbers that didn’t show the comparison alluded to by you and joshua. Maybe you prefer opinion over truth, but I’m sure most people would rather base their comments on solid evidence.

    Your comments are still bullshit. But now they are bullshit with a good helping of Right Wing Nut Neo-con Evangelical Conservative Republican Radiohead denial on the side.

  22. James Hill says:

    #23 – See what I mean, you can’t stop. You failed to disprove the facts of someone employed by the court in question, and all you can do is lie about it.

    You’ve failed, as you do in all threads around here. What’s worse is that you have to repeat what I’m saying in an attempt to counter me: A clear sign of defeat.

    Now, continue to worship me. I command you.

  23. Mr. Fusion says:

    Effen moran

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