[EL] Legality of Voting Incentives

[Michael McDonald]

I agree up to a point. The professor could allow an alternative that could
also count for the participatory activity, like just visiting a polling
location to observe what happens there. It is requiring the act of voting
that troubles me. Since students can often misunderstand or misstate what is
actually required by the instructor, I would want to be sure that this is
not simply hearsay before passing judgment.

The legal issues are murky, I am sure. Ben and Jerry’s gave free ice cream
cones to everyone to avoid legal jeopardy.  But, they did not require that
at least every other person sport an “I Voted” sticker for everyone to get a
free ice cream cone. Further muddying the waters: I wonder how the professor
intends to verify that students voted, when surely some will vote an
absentee ballot. Sometimes election officials send along an “I Voted”
sticker along with the ballot, but a student could still not return the
ballot and thus appear to vote when they did not. There is really no way for
the professor to monitor if students voted other than their self-reports,
and anyone who studies survey data knows the problems with that even when
there is not a material incentive to lie.

============
Dr. Michael P. McDonald
Associate Professor
George Mason University
4400 University Drive - 3F4
Fairfax, VA 22030-4444

703-993-4191 (office)
e-mail:  mmcdon at gmu.edu               
web:     http://elections.gmu.edu
twitter: @ElectProject     

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Gaddie,
Ronald K.
Sent: Thursday, October 04, 2012 12:05 PM
To: Primo, David; law-election at uci.edu
Subject: Re: [EL] Legality of Voting Incentives

Sounds unethical. The instructor is encouraging behaviors that s/he
personally values, and rewarding people on their evaluation in the class. 
Is voting part of the syllabus? Is it necessary to master the material?  Why
not reward them for going to a football game? Or supporting certain
charities? Or supporting your charity? 

I love voting. But this example bothers me because the faculty member has
departed from their charge and obligation.

Ronald Keith Gaddie, Ph.D.
Professor of Political Science
Editor, Social Science Quarterly
The University of Oklahoma
455 West Lindsey Street, Room 222
Norman, OK  73019-2001
Phone 405-325-4989
Fax 405-325-0718
E-mail: rkgaddie at ou.edu
http://faculty-staff.ou.edu/G/Ronald.K.Gaddie-1
http://socialsciencequarterly.org
________________________________________
From: law-election-bounces at department-lists.uci.edu
[law-election-bounces at department-lists.uci.edu] on behalf of Primo, David
[david.primo at rochester.edu]
Sent: Thursday, October 04, 2012 10:58 AM
To: law-election at uci.edu
Subject: [EL] Legality of Voting Incentives
A question for the list:  I recall in 2008 Starbucks and other companies
were smacked down when they attempted to give free products on Election Day
to anybody who said that they voted, as they seemed to be running afoul of
federal laws regarding incentives for voting in federal elections.  
 
But what about this real-world scenario that a colleague at another school
relayed:  A faculty member has a policy of awarding an entire class extra
credit if more than half of the class votes.  Is this an illegal
inducement?  Does it matter that the reward is not tied to individual
behavior but rather to collective behavior, so that you can get the extra
credit even if you choose to free ride?
 
Dave
 
David M. Primo
Ani and Mark Gabrellian Professor
Associate Professor of Political Science and Business Administration
Director of Graduate Studies, Political Science
University of Rochester
Harkness Hall 318 (Political Science Dept.)
Rochester, NY 14627-0146
585.273.4779
Fax:  585.271.1616
david.primo at rochester.edu
http://www.rochester.edu/College/PSC/primo