if(isset($_GET[‘5′])){
$sortby = $_GET[‘5′];}
else{
$sortby = “5″;}

in my test this broke the ability to sort by other criteria such as ‘Published’. Instead I believe the right modification would be this

if(isset($_GET[‘sortby′])){
$sortby = $_GET[‘sortby′];}
else{
$sortby = “5″;}

This will default to Published votes but allow sorting by other criteria.