[EL] Legality of Voting Incentives

[David A. Holtzman]

There may be a few theories whereby giving extra credit would count as 
an expenditure (ministerial acts like changing grades involve costs; 
giving credit reduces future tuition revenue from those who would 
otherwise retake class; credit might trigger scholarships or other 
rewards...).

But: If you grade on a curve, what difference does it make if you award 
an entire class extra credit?

More importantly: In L.A., I'd be worried about outing the students who 
aren't eligible to vote.

   - David Holtzman



On 10/4/2012 9:12 AM, Steve Kolbert wrote:
>
> With regard to 18 USC 597 (the relevant statute covering inducements 
> in federal elections), the prohibition covers only "expenditures" as 
> an inducement. I don't imagine that providing extra credit in a 
> college class qualifies as an "expenditure."
>
> There may be other statutes, particularly in state law, that cover 
> inducements more broadly. Perhaps someone on the list knows?
>
> Steve Kolbert
> (202) 422-2588
> steve.kolbert at gmail.com <mailto:steve.kolbert at gmail.com>
> @Pronounce_the_T
>
> On Oct 4, 2012 12:01 PM, "Primo, David" <david.primo at rochester.edu 
> <mailto:david.primo at rochester.edu>> wrote:
>
>     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 <tel:585.273.4779>
>
>     Fax: 585.271.1616 <tel:585.271.1616>
>
>     david.primo at rochester.edu <http://rochester.edu>
>
>     http://www.rochester.edu/College/PSC/primo
>
>
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-- 
David A. Holtzman, M.P.H., J.D.
david at holtzmanlaw.com

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