In light of the recent indictment of Ehrlich campaign consultants Paul Schurick and Julius Henson for voter suppression, I was thinking about the question of voter suppression in and of itself.
The main point that strikes me is the boundaries of voter suppression.
Based off of the indictment, it seems pretty clear that it’s out of bounds to call potential voters and tell them they don’t need to go out and vote because the election is decided. But what else is out of bounds?
There’s a not-small portion of libertarians that are opposed to voting on a mix of moral (it immorally uses the force of the state to impose the majority’s preferences on the minority and the act of voting endorses the use of the force), statistical (the chances of your individual vote having a direct impact on the election are vanishingly miniscule), and economic grounds (in light of the statistical irrelevance of voting there are better uses of one’s resources).
While I am a libertarian, I do not happen to hold with this particular school of thought. But I bring it and its adherents up because they’re a useful counterpoint to political operatives like Schurick and Henson. Furthermore, I’d like to do a little thought experiment considering several scenarios involving them. Note, I don’t know much about voter suppression law so I don’t know the answers to the questions I’ll pose in it and as I said before, I am not endorsing this strain of libertarian thought.
Now, to the experiment. Given the existence of people with an ideological commitment to non-voting:
A). If people who hold these convictions attempt to convince others of that, does that count as illegal voter suppression?
B). What about if some of those people formed an organization to further that message? And if they used that group to create videos or print literature trying to convince people not to vote? Does that count as illegal voter suppression?
C). What if it went a step further and the group made phone calls on election day to encourage people not to go out to the polls? Does that count as illegal voter suppression?
D). And what if a political campaign took the materials made by the organization and distributed them in a targeted fashion designed to primarily hit likely supporters of the opposing campaign? Does that cross the line into illegal voter suppression? (this is assuming all other campaigning laws like disclosure are being followed)
To reiterate, I don’t know much about voter suppression laws, so any input as to which items would cross the line would be most appreciated. However, my guess, informed by nothing but my general intuitions on the matter, would be that scenarios A, B, and probably C would be seen as ok, but D would not.
That troubles me, since it seems to indicate that voter suppression laws have nothing to do with concerns about protecting the democratic process and everything to do with status signalling, namely this:
- Promoting non-voting for the altruistic reason of ideological commitment is high-status and therefore ok.
- Promoting non-voting for the self-interested reason of political gain is low-status and therefore forbidden.
Now, I’m not personally interested in voter suppression. Since I have no ideological commitment to non-voting I’d like to see as many people come out and vote in support of libertarian causes and I recognize that people might vote otherwise.
But on the other hand if that’s all voter suppression laws boil down to, I have trouble seeing much virtue in having them. Prohibitions on force and fraud to stop voting make sense, but prohibiting some political speech just because it’s low status and might persuade people not to vote seems both fundamentally wrong and to potentially run afoul of the 1st Amendment.
UPDATE: Just to make sure it was clear, I think the Schurick-Henson case is a completely different animal than what I’ve described in my thought experiment. The facts, at least as reported, seem to leave no room for doubt that this was a fraudulent exercise, something unquestionably wrong and properly illegal.
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