Online auctions will be conducted at Voteauction.com
state-by-state in September and October, he continued. The blocks of
votes will be marketed primarily to businesses and interest groups
-- Voteauction does not plan to court the candidates themselves.
The kitty for each state will be split among the Voteauction
voters in that state. And the winner of each state's auction will
then be able to cast its procured ballots for the contender of its
choosing.
Raskin audibly shuddered when he heard the process spelled out.
"That sounds pretty serious," he said. "It's possible that some
aggressive prosecutor could try to bring solicitation charges
against him just for setting up the possibility of this scheme."
For American historical precedent, Baumgartner cites the 1757
Virginia House of Burgesses race in which George Washington
bought each of the 391 voters in his district a quart and a half of
alcohol in exchange for their support.
And, of course, the presidential Iowa straw
poll offers hardly little more than an opportunity to exchange
money for political positioning.
Yet no American example Baumgartner can point to even approaches
the proposed scope of Voteauction.com. For something of similar
magnitude, one must look overseas to cases in India, Montenegro,
Japan, Morocco,
or Taiwan.
Given that upwards of 100 million
potential eligible voters won't be casting their ballots this
November, Baumgartner said perhaps an appeal to the bottom line
might get them to the booth.
"Right now the corporations are just passing money around to
other corporations," he said. "One corporation is giving money to
the campaign, and the campaign is turning around and giving money to
television stations, advertising agencies, consultants, things like
that. The money is not reaching the people at all. It's leaving them
out of the equation."
Raskin concurred. "If this is intended as a cyber satire on the
commodification of American politics, one can only applaud the
spirit of the authors," he said.
"Right now everyone is making money off elections except the
voters.... Everyone is enjoying a lavishly subsidized ride on the
back of the American people, and it is ironic that we have replaced
old-fashioned vote-buying and bribery with much more sophisticated
forms of financial takeover of the electoral process."
Paul Rapp, Albany attorney and thesis advisor to Baumgartner, did
caution that individuals participating in Voteauction.com could
technically be putting themselves in legal jeopardy.
"Then again, it strikes me that it's on the same level as the
Napster controversy," he said. "If you're downloading a song, what
is realistically the possibility that Lars Ulrich and the Feds are
going to bust your door down and drag you off to art jail? Highly
unlikely.
"It would be a victory for James if it generated the same sort of
discussion about the nature of our democracy that Napster has had on
the nature of ownership of music," said Rapp. "I suspect if James
got the sort of traffic that Napster got, one of two things would
happen. He would either be facing a considerable jail sentence, or
he would become one of the most powerful men in America."