Yes, Vote-Buying Is Illegal. But Why?
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.
Read More