Yes, Vote-Buying Is Illegal. But Why?

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Publish Date:
December 4, 2021
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Source:
The Washington Post
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Summary

Well, sure. But the gimmick is perfectly legal. The Supreme Court has long held that the First Amendment protects a candidate’s promise that her victory will mean more money in voters’ pockets. What Cherfilus-McCormick has done is what office-seekers do all the time. A public promise of cash payments to a large number of voters isn’t illegal; a private promise of money just to me would be. As the legal scholar Pamela Karlan memorably put it, candidates are allowed to buy votes wholesale but not retail.

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