[EL] Betting and Voting

[Lowenstein, Daniel]

        Interesting uestions were raised the other day on a listserv not devoted to election law about the applicability of New York Election Law 5-106(1), which prohibits voting by people who have bet on the election, to two current situations.  The relevant portion of the statute reads: "No person ... who shall make or become directly or indirectly interested in any bet or wager depending upon the result of the election, shall vote at such election."  I do not know if other states have similar laws.

         The original question was whether Section 5-106(1) would bar voting by someone who entered a promotion put on by the Jet Blue airline, described in this article as a "gimmick":  http://www.nydailynews.com/life-style/jetblue-offers-free-flight-candidate-loses-article-1.1175701?localLinksEnabled=false  As I understand it, people entering had to tell Jet Blue which candidate (Obama or Romney) they favored.  Those whose candidate lost would be placed in a lottery out of which 1,000 would receive free plane tickets out of the country.

         In the ensuing discussion, someone raised the perhaps more pertinent question whether those who "buy or sell shares" on Intrade in Obama or Romney or any other New York candidatees are barred from voting in New York.

         Any thoughts?

             Best,

             Daniel H. Lowenstein
             Director, Center for the Liberal Arts and Free Institutions (CLAFI)
             UCLA Law School
             405 Hilgard
             Los Angeles, California 90095-1476
             310-825-5148