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Vote swapping

When two people commit to voting in a mutually agreed way

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Through Conservative Party (UK), United Kingdom and Canada

In a vote swapping agreement, Voter 1 in District A commits to vote for Voter 2's preferred candidate in District A, and Voter 2 in District B commits to vote for Voter 1's preferred candidate in District B.

For example, consider elections in the United Kingdom: In constituency A, the race is tight between a Labour and a Conservative candidate. In constituency B, the race is tight between a Liberal Democrat and a Conservative candidate. A Liberal Democrat voter in constituency A would agree to vote Labour, and in exchange, a Labour voter in constituency B would agree to vote Liberal Democrat. This makes it more likely for either Labour or the Liberal Democrats to win that seat from the Conservatives.

In the United States, United Kingdom, and Canada, the process has been subjected to legal challenge and been deemed legal.

Legality

Canada

In Canada, vote swapping with other people in Canada is legal per the Elections Act, as long as there is no money or "material benefit" that passes hands in the vote swap agreement. It's also illegal to trick someone using a false identity to influence someone to vote in a different way.

United States

In the United States, it is illegal to buy or sell votes. In the 2000 presidential election, graduate students created a satirical web site for buying and selling votes, vote-auction.com, which was shut down by an Illinois judge.

Opponents of vote swapping claim that it is illegal to give or accept anything that has pecuniary value in exchange for a vote. Proponents for vote pairing respond that vote pairing does not involve any pecuniary or monetary exchange. Instead, vote swapping is simply an informal, nonbinding agreement between people to vote strategically. In addition, vote pairing is a routine practice in legislative bodies, such as Congress and city councils.

The debate regarding the legality of vote pairing peaked during the 2000 presidential election, when there was a strong effort to shut down the U.S. vote-pairing websites. On October 30, 2000, eight days before the November 2000 United States presidential elections, California Secretary of State Bill Jones threatened to prosecute voteswap2000.com, a California-based vote pairing website. In response, voteswap2000.com and votexchange2000.com immediately shut their virtual doors. The site operators, Alan Porter (votexchange2000.com) and William Cody (voteswap2000.com), and two potential users of the sites, Patrick Kerr and Steven Lewis, took the state of California to court. The district court was slow to respond and abstained from making any decision. In 2003, the 9th U.S. Circuit Court of Appeals overturned this abstention.

On August 6, 2007, the 9th Circuit ruled that California's threats violated the First Amendment, writing:

The 9th Circuit did not decide whether the threats violated the U.S. Constitution's Commerce Clause.

As of 2024, vote swapping remains legal, so long as no money or gifts are exchanged.

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