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Opt-Out Voting

41 Pages Posted: 29 Jun 2011 Last revised: 9 Mar 2012

Michael J. Pitts

Indiana University Robert H. McKinney School of Law

Date Written: June 29, 2011


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.

Keywords: voting, voter turnout

Suggested Citation

Pitts, Michael J., Opt-Out Voting (June 29, 2011). Hofstra Law Review, Vol. 39, No. 4, p. 897, 2011; Indiana University Robert H. McKinney School of Law Research Paper No. 2012-03. Available at SSRN:

Michael J. Pitts (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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