[EL] Law-election Digest, Vol 52, Issue 18

Steven John Mulroy (smulroy) smulroy at memphis.edu
Wed Aug 12 15:45:15 PDT 2015


A statute in Tennessee provides:
§ 2-19-122. Demanding candidate's support in exchange for vote or support 

It is unlawful for any person to demand that any candidate for nomination or office shall promise or agree in advance to support any particular individual, policy or measure, in consideration of the vote or support, financial or moral, of such person, in any election, primary or nominating convention. A violation of this section shall be punished as provided in § 2-19-123 [the bribery statute]. 

To the extent a person is offering not financial support but merely one's vote or one's "moral support," and the thing demanded of a candidate is for support of a particular policy or measure is this not a free speech problem? Even if the demand is for support of a "particular individual," as in, "Agree to appoint Lawrence Lessig to the Supreme Court next chance you get or I won't endorse you," wouldn't there still be a free speech problem? What am I missing? 



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