Let’s say you live in a swing state and want Green Party candidate Jill Stein for president. But you really, really don’t want Donald Trump to win. Vote swapping might be your answer.
A Vox article Thursday described the phenomenon, in which battleground-state supporters of third-party candidates are making online deals with Hillary Clinton voters. The third-partiers will cast votes for Clinton win where it counts, in exchange for someone in a safe state for the Democrat casting a ballot for Stein or another third-party candidate.
It’s a win for both sides… except that the term “vote swapping” just sounds so legally questionable. It’s an important consideration, because so much trading takes place in public forums, like Facebook pages.
But don’t worry, says Joshua Douglas, associate professor of law at the University of Kentucky College of Law. At least one court says the practice is legal.
“The basic reason is that there is no exchange of anything of value,” Douglas told TheWrap. “The second is that there is no way to prove that both people went through with it.”
As some Trump supporters have noted, there’s nothing preventing them from trading votes too — perhaps with supporters of Libertarian candidate Gary Johnson.
The practice first popped up during the Bush v. Gore 2000 presidential election, when many Al Gore voters in solidly Republican states wanted to find a way to make their votes to count. So they traded their votes with Ralph Nader supporters in swing states.
Vote-trading websites like VoteSwap2000.com, NaderTrader.com and TradeVotes.com, began to pop up as tens of thousands of voters looked into the concept of trading their votes.
It was unclear at the time how legal the practice was and several of the sites came down. One of them, VoteSwap2000.com, then filed a lawsuit. In that case, Porter v. Bowen, the Ninth Circuit Court of Appeals decided that vote trading was “clearly protected by the First Amendment.”
“The Ninth Circuit Court’s decision demonstrates that at least one court ruled that communication about how you will vote is a protected under First Amendment activity,” Douglas said. “And does not amount to vote buying.”
Douglas also said that as far as he knows, no one has been prosecuted for vote trading.
So, if you feel like swapping your vote, go ahead. But you might want to do a better job than anti-Bush voters did in 2000. Al Gore narrowly lost in Florida after a long recount, and some Democrats will never forgive Floridians who cast ballots for Nader.
37 Hollywood Stars for Donald Trump in 2020 (Photos)
With time running out for the President to gain Joe Biden in the polls, here are 34 of Trump's celebrity fans rooting for the President to win a second term.
"I think Trump, no matter what anybody thinks of him, is doing a good job at trying to get these states — and all of the American people — what they need," Dennis Quaid told the Daily Beast in April 2020.
Comedian Roseanne Barr tweeted a picture of herself wearing a "Trump 2020" baseball cap with the caption, "2020 vision."
Former "Buffy the Vampire Slayer" Kristy Swanson in March tweeted, "An honor to meet you Mr. President."
Former NFL great Hershel Walker spoke at the RNC in August and tweeted, "TRUMP PENCE 2020"
"Thank you for being the best President ever," tweeted Diamond and Silk.
Mariano Rivera, the Former Yankee pitcher who was awarded the Medal of Freedom from the President in 2019 said, "He's doing the best for the United States."
"Phenomenal President. Quite possibly the USA," tweeted UFC fighter Conor McGregor back in January. "Most certainly one of them anyway, as he sits atop the shoulders of many amazing giants that came before him."
"We're on the very front end of this right now, and I feel comfortable and confident that because of strong leadership," said Elisabeth Hasselbeck on "The View" in March supporting the President's coronavirus response.
Former "Entertainment Tonight" anchor Mary Hart hosted the President's controversial July 4th celebration at Mt. Rushmore in South Dakota back in July.
"He is literally going to go down in history as one of our greatest Presidents," said "Pawn Stars" Rick Harrison at the Conservative Political Action Conference in February.
NASCAR driver Corey LaJoie sported a "Trump 2020" on his car at NASCAR’s Brickyard 400 at Indianapolis Motor Speedway, back in July.
UFC fighter Colby Covington recently supported the President on his Instagram saying, "Had a tremendous time yesterday with @erictrump & @carlos_e_gavidia at the MAGA Boat Parade in Miami!"
“All I gotta say is Trump 2020, bitch. Fuck I look like paying an extra 33 in taxes for Biden," rapper Lil Pump said on his Instagram story in October 2020.
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Golf legend Jack Nicklaus in a statement on his Twitter "strongly recommend(s) you consider Donald J. Trump for another four years. I certainly have and have already cast my vote for him!"
Lil Wayne shocked fans on Oct. 29 when he tweeted a photo of himself with President Trump. He captioned the pic by saying that "besides what he’s done so far with criminal reform, the platinum plan is going to give the community real ownership."
NFL Legend Brett Favre tweeted, "In this election, we have freedom of choice, which all should respect. For me & these principles, my Vote is for @RealDonaldTrump."
With the election underway, here are the stars who will be voting for President Donald Trump’s second term in 2020
With time running out for the President to gain Joe Biden in the polls, here are 34 of Trump's celebrity fans rooting for the President to win a second term.