Federal appeals court reinstates lawsuit by vote-swapping Web sites
By The Associated Press
02.08.03
SAN FRANCISCO — A federal appeals court on Feb. 6 reinstated the free-speech lawsuit by operators of vote-swapping Web sites suing California.
The Web sites appeared before the Nov. 7, 2000, election as their operators in several states tried to create a system to allow users in one state to trade their vote for president to someone in another state. Many of the sites were aimed at supporters of Green Party presidential candidate Ralph Nader, who was seen as a threat to siphon votes from Democrat Al Gore in states where the race was expected to be close.
Three sites voluntarily shut down before the election under potential threat of litigation from California election officials, who said the sites were violating state laws barring vote swapping. Officials in Oregon also issued similar warnings.
A Los Angeles federal judge had dismissed the operators' lawsuit. The suit, backed by the American Civil Liberties Union, seeks damages on allegations that California violated their constitutionally protected speech. The operators also seek an injunction barring California from taking similar action in the 2004 general election.
A federal judge had barred their damages claims and refused to promptly entertain the operators' bid to prevent California from blocking their Web-based vote-swapping plans for the 2004 election.
The 9th U.S. Circuit Court of Appeals, however, ordered the suit to go forward. The San Francisco-based appeals court ruled Feb. 6 that failing to resolve the dispute may result in "chilling" the Web operators' protected speech in the next election.
During the 2000 election, many of the Web sites sought to have Nader supporters cast their votes for Gore in states where the presidential race was expected to be close. In exchange, Democrats agreed to vote for Nader in states where Republican George W. Bush was expected to win. Organizers hoped the trades, not sanctioned by the campaigns, would help Gore in swing states and give the Green Party the 5% of the national vote it would need to win federal campaign money.
The case is Porter v. Jones.