I Vote for a Change in Voting

The maxim is Qui tacet consentiret: the maxim of the law is "Silence gives consent".

~ Sir Thomas More

 

You've probably seen those clubs--CD of the Month or DVD of the Month--where they offer you some ridiculously enticing introductory offer. Then, after 12 months, they hit you with the fine-print which states something like: We will ship you one CD every month at full price. It is your responsibility to cancel orders within 5 days of receipt or you will be billed for said items plus shipping and handling.

 

The following was cut from BMG Music Service's 'About Membership' page to illustrate what I'm talking about:

Freedom Of Choice.
You will receive updates via email or postal mail, whichever you choose, about every 3 weeks (18 times a year) with information on a Featured Selection tailored to your specific listening interest. If you want it, do nothing; it will be shipped to you automatically. If you don't want it, respond online or through the mail by the date specified. If you receive an unwanted Featured Selection, return it within 10 days at our expense and we will credit your account.

The catch is that you've got to do something or else you end up buried under a mountain of CD's or DVD's or whatever it was that you were suckered into buying. This is a perfect example of the above quote: Qui tacet consentiret. By your silence you consent to purchase CD's... and you're contractually on the hook for every last one of them. Most people I've talked to hate this sort of fine-print deception. It's purposely geared to default the purchaser into debt if he doesn't act. Most people agree that the default should be to let the purchaser out of the deal. In other words, it would require his action instead of his inaction to continue with the contract. I couldn't agree more. It's deceptive and assumes that the purchaser will always be attentive to what shows up in his mailbox.

 

After looking at this sort of sales tactic, I can assume that we all pretty much agree it is a loathsome way of doing business. If we feel this way, then, may I ask why do we put up with it as our way of government? I see all the eyebrows go up. Whaaa?!? Let me explain. Mark, host of South Puget Sound Libertarian, recently posted "Democracy: Tyranny of the Minority" in which he explains that it is often times not the majority that decides the fate of the whole population, but a majority of those who took the time to vote. Our system of government has been perverted into Qui tacet consentiret. If you don't vote, you give your consent to whatever those who voted-and won--decide to do to you and your pocketbook.

 

Let's look at some real numbers. I whipped these up yesterday to illustrate what Mark touched on in his post. These numbers were taken from the Snohomish County General Election Results webpage. The text in blue indicates the winner in each vote, while the last column takes into consideration all registered voters--not just the ones who cast a ballot:

 

Snohomish County Election Results

 

Registered Voters	Vote Count	Percent	Actual Percent*
Election Day Turnout	392	0.19%	0.12%
Absentee Turnout	206,706	99.81%	61.82%
Total	207,098	100.00%	61.94%
INITIATIVE 920	Vote Count	Percent	Actual Percent*
Yes	77,679	38.54%	23.23%
No	123,861	61.46%	37.04%
Totals	201,540	100.00%	60.27%
INITIATIVE 933	Vote Count	Percent	Actual Percent*
Yes	78,742	39.04%	23.55%
No	122,929	60.96%	36.76%
Total	201,671	100.00%	60.31%
INITIATIVE 937	Vote Count	Percent	Actual Percent*
Yes	99,378	50.16%	29.72%
No	98,726	49.84%	29.53%
Totals	198,104	100.00%	59.25%
HJR 4223	Vote Count	Percent	Actual Percent*
Approved	154,833	79.21%	46.31%
Rejected	40,641	20.79%	12.15%
Totals	195,474	100.00%	58.46%
CHARTER 1	Vote Count	Percent	Actual Percent*
Approved	140,652	73.64%	42.06%
Rejected	50,344	26.36%	15.06%
Total	190,996	100.00%	57.12%
CHARTER 2	Vote Count	Percent	Actual Percent*
Approved	102,412	55.12%	30.63%
Rejected	83,376	44.88%	24.94%
Total	185,788	100.00%	55.56%
CHARTER 3	Vote Count	Percent	Actual Percent*
Approved	89,510	47.40%	26.77%
Rejected	99,329	52.60%	29.71%
Total	188,839	100.00%	56.48%
CHARTER 4	Vote Count	Percent	Actual Percent*
Approved	169,606	89.55%	50.72%
Rejected	19,783	10.45%	5.92%
Total	189,389	100.00%	56.64%
CHARTER 5	Vote Count	Percent	Actual Percent*
Approved	155,319	83.88%	46.45%
Rejected	29,854	16.12%	8.93%
Total	185,173	100.00%	55.38%
CHARTER 6	Vote Count	Percent	Actual Percent*
Approved	85,669	52.51%	25.62%
Rejected	77,480	47.49%	23.17%
Total	163,149	100.00%	48.79%
*Note: Snohomish County had 334,369 Registered Voters of which 207,098 voted.

 

As you can see, all but one item actually failed when the whole voting population is factored in. Our way of voting is to disregard those who don't show up at the polls or who don't bother to mail in their ballots. Their silence is their consent. That's why we see measures pass by what appear to be decent margins, but you can never find anyone who actually voted for it. Most of the numbers in the left column show that just three out of ten or four out of ten voters get to impose their will on the rest of us. Mark is absolutely right when he said it was tyranny by the minority!

 

Let's take a quick look at some numbers from King County's election results:

 

King County Election Results

 

INITIATIVE 920	Vote Count	Percent	Actual Percent*
Yes	202,538	33.61%	20.79%
No	400,065	66.39%	41.06%
Totals	602,603	100.00%	61.85%
INITIATIVE 933	Vote Count	Percent	Actual Percent*
Yes	197,039	32.88%	20.22%
No	402,257	67,12%	41.29%
Total	599,296	100.00%	61.51%
INITIATIVE 937	Vote Count	Percent	Actual Percent*
Yes	352,063	59.36%	36.13%
No	241,044	40.64%	24,74%
Totals	593,107	100.00%	60.87%
HJR 4223	Vote Count	Percent	Actual Percent*
Approved	475,997	81.93%	48.85%
Rejected	104,975	18.07%	10.77%
Totals	580,972	100.00%	59.63%
KING CO PROP 1	Vote Count	Percent	Actual Percent*
Approved	370,340	68.64%	38.01%
Rejected	169,183	31.36%	17.36%
Total	539,523	100.00%	55.37%
KING CO PROP 2	Vote Count	Percent	Actual Percent*
Approved	325,277	56.44%	33.38%
Rejected	251,027	43.56%	25.76%
Total	576,304	100.00%	59.15%
*Note: King County had 975,340 Registered Voters of which 618,755 voted.

 

Not a single initiative or proposition passed in King County when you factor in all the non-votes. Why do we exclude their numbers when we count up the votes? Why is it decided only amongst those who voted? Should those who voted be allowed to foist their will on those who chose not to participate? Do we not have participatory democracy? Do we not remove our consent to be governed by removing ourselves from participation? It seems to me that the only avenue left to the non-participants would be to take up arms against those who impose their will on them. Is that what we really want?

 

I propose that all future items that are put up for a vote are structured in such a way as to make a yes vote the only way it can pass. That is to say, "If you want Proposition 920 to pass, then you better vote 'Yes' at the next election." The default position would have all items fail if not enough voters (50% + 1) vote for them. That way if an item really is wanted by a true majority of the people--not just of those who voted--it passes. We need to stop these "Vote of the Month Club" type shenanigans and get government back to its legitimate purpose: protecting the rights of the individual--not imposing the will of a tyrannous minority.