Michael J. Pitts (Indiana University School of Law - Indianapolis) has posted Opt-Out Voting (Hofstra Law Review, Vol. 40, No. 1, 2011) on SSRN. Here is the abstract:
- This article proposes a new system of casting ballots at elections: opt-out voting. Opt-out voting would change the default rule for voting. Currently most registered voters go to a polling place to select a candidate. In contrast, opt-out voting would randomly pre-select a candidate for each registered voter and then allow the registered voter to switch the ballot to his or her preferred candidate. This article theorizes that switching to opt-out voting could lead to an increase in voter turnout, especially in local elections. This article argues that increasing participation, particularly on the local level, would be a positive change because it would make the voting electorate more representative of the population as a whole.
