Subject: Re: [EL] 'right not to vote'
From: Jon Roland
Date: 12/28/2010, 9:48 PM
To: Lisa Hill
CC: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>
Reply-to:
"jon.roland@constitution.org"

Thank you for a more interesting question than you perhaps realize. To answer it, we must turn to social contract theory. The Lockean concept of "social contract" is the acceptance of a mutual duty to defend one another from violent threats. Basically, all civic duties are variants on the one general militia duty. That includes the duty to respond to call-ups to defend, or prepare to defend, the public. For example, jury duty is a specialized form of militia duty. Participation is not voluntary, because if it were, those who volunteered would tend to be biased, and you wouldn't want your case decided by them.

The question then comes down to whether voting is a civic duty in the same sense. If only volunteers vote, could the result be a bias against the best interests of the public in general? Under some circumstances, yes. The general judgment has been that if persons qualified to vote anticipate that those who vote will vote against their interest if they don't vote, then they will choose to vote to protect their interests, and the problem will be self-correcting without the need for coercion to vote. The problem gets more complicated if there are more than two factions involved, so that a faction A motivated to vote will vote to victimize faction B, smaller than themselves, unless the faction C, larger than both, weighs in to protect faction B, and at the same time, perhaps themselves on a future occasion.

So the short answer is "No". There is no right not to vote, just as there is not a right not to respond to any militia call-up, unless one has an overriding militia duty of another kind, such as serving as an official. That doesn't mean coercion is needed in many countries, if enough people vote without it, and vote to defend the rights of everyone. If that doesn't happen, then mandating that people vote may be the key element that is needed for society to remain otherwise free.

______

On a somewhat different issue, it should be noted that what is being used as the "Constitution of Australia" is illegitimate. It is an Act of the British Parliament, with somewhat different provisions than the one that was ratified in a referendum. Only the latter is legitimate. Australians need to tell their "Governor General" to go back to the UK.

The inadequacy of Australian education is revealed by the difficulty most Australians seem to have understanding the concept of authority having to be derived from the people by logical derivation from an original act of the people as sovereign. That is not the British House of Commons.
-- Jon

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