The suit filed by Missouri Attorney General Jeremiah W.
Nixon, on the other hand, says that the Austrian website violates
his state's consumer protection statutes against vendors making
misrepresenting claims about their goods or services.
"One side is suing us for doing something illegal; the other side
is suing us for not doing something illegal," Bernhard
said. "It is getting very funny."
Scott Holste, a spokesman for Nixon, said on Thursday that his
office's consumer protection division -- not the Secretary of State,
who usually handles vote-fraud related cases -- took up the
challenge, specifically because it involved the Web.
"We've done this in the past on Internet issues, such as over our
attorney general filing a lawsuit against an Internet gambling
site," Holste said. "The site wasn't sued over violating gambling
but rather consumer protection laws.... Insofar as this office being
able to bring legal action in Internet cases, (consumer protection)
is the best vehicle we've used."
In the Vote-auction case, he said, "We're suing because they're
saying it's legal to buy and sell votes, when Missouri law says
otherwise.... Where we stand right now, we've been in communication
with people in this organization. They've said they would sign a
consent injunction that would require them to stop making
representations that it was legal to buy and sell Missouri votes and
then to pro-actively state the website was null and void in the
state of Missouri."
The combination of all the lawsuits, Bernhard said, makes for
quite an echo chamber of legalese.
"We're receiving so much legal spam now," he said, adding that
hundreds of faxes -- sometimes sent to his palm pilot -- now clog
his hard drives and litter his desk.
And even if Bernhard, Baumgartner, Vote-auction and
Vote-auction's ISP -- some or all of whom are named, depending on
the lawsuit -- emerge from the cloud of affidavits anytime soon,
there's also the lawsuit Vote-auction itself is considering filing.