Abstract

In an important and provocative paper Christopher Freiman recently has defended the view that vote-buying should be legal in democratic societies. Freiman offers four arguments in support of this claim: that vote buying would be ex ante beneficial to both the buyers and sellers of votes; that voters enjoy wide discretion in how they use their votes, and so this should extend to selling them; that vote markets would lead to electoral outcomes that better reflect voters’ preferences; and that vote-buying is relevantly similar to other democratic practices that are currently legal, such as logrolling and earmarking. In this paper I will address the last of Freiman’s arguments. I will argue that there are significant disanalogies between vote buying and both logrolling and earmarking, and that these differences justify the legal prohibition of the former practice while legally permitting the latter two.