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http://www.postnet.com/postnet/News/wires.nsf/National/DBC7D230C0BBF3BB8625698B00082A8E?OpenDocument


ACLU joints fight over 'vote-buying' Internet site

Nov. 1, 2000 | 7:30 p.m.

By MIKE ROBINSON Associated Press Writer

CHICAGO (AP) -- A Europe-based Web site claiming to buy and sell votes for the U.S.
presidential election, apparently closed Wednesday under pressure from Chicago election
officials.

But the American Civil Liberties Union said it would fight to keep
vote-auction.com on the
Internet, saying the Web site was constitutionally protected under the First Amendment.

"We think political parody and satire is protected whether on the written page
or the
Internet," ACLU legal director Harvey Grossman said.

The Chicago Board of Election Commissioners, which sued to shut down the site,
said it
was assured by the site's Swiss registrar, CORE Internet Council of Registrar, that
vote-auction.com would be taken off the Web.

The Swiss group sent the board email saying it was acting "since it does
effectively appear
that this domain name is used in connection with unlawful activity."

The message referred to an order that Cook County Circuit Judge Michael Murphy issued
at the request of Chicago election officials, requiring a similar-sounding site,
voteauction.com, or any site like it, to be deleted from the web.

Several attempts to open either site failed Wednesday, though vote-auction.com
had been in
operation a day earlier.

The site was created by James Baumgartner, a student at Rensselaer Polytechnic
Institute in
Troy, N.Y., who said he did it as a parody to "evoke public commentary
concerning an
issue which is at the core of this nation's democracy, whether or not elections
are for sale."

"I want to emphasize that at no time was it my intent to have people buy and
sell votes," he
said in an affidavit the ACLU's Grossman showed reporters.

But Chicago Board of Election Commissioners spokesman Tom Leach said the site only
encouraged people to break the law.

At the request of election officials, Murphy ordered a Pennsylvania-based
registrar, Domain
Bank Inc., to take voteauction.com off the web. Baumgartner sold the domain
rights to
Hans Bernhard of Vienna, Austria, for one Euro, less than a dollar. And Bernhard then
arranged for the Swiss group to establish the domain vote-auction.com.

Bernhard had claimed, without proof, to have been offered $260,000 for more than 21,000
votes. Even if that could be verified, there is no way to prove how the 21,000
votes would
have been cast.

Votes were being offered in blocks by state. For instance, the highest bidder
for Michigan,
a battleground state with 18 electoral votes, could direct 1,429 votes to any
candidate. The
current top bid for those votes was $28,000, the Bernhard site recently claimed.

The ACLU began its fight to keep the site alive by getting the case transferred
out of Cook
County Circuit Court and into federal court.

It now goes before U.S. District Judge William J. Hibbler, the same judge who forced
reluctant Illinois election officials to put the name of Green Party candidate
Ralph Nader on
the Nov. 7 ballot.

------

On the Net:

Voting Integrity Project: http://votingintegrity.org

Federal Election Commission: http://www.fec.gov

Statement from Baumgartner: http://216.10.5.17

AP-CS-11-01-00 2028EST


    © 2000 St. Louis Post-Dispatch

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