[EL] Legality of Voting Incentives

[John Tanner]

The better federal statute is 42 USC 1973i(c), which prohibits giving
anything of monetary value as in inducement to vote.  The question is
whether a higher grade in a course has monetary value.  Personally, I think
it would be an easy sell to jury.

The general offer to the class gets you - and the students - into 18 USC
371 territory,

On Thu, Oct 4, 2012 at 12:12 PM, Steve Kolbert <steve.kolbert at gmail.com>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
> @Pronounce_the_T
> On Oct 4, 2012 12:01 PM, "Primo, David" <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********
>>
>> Fax:  585.271.1616****
>>
>> david.**primo**@rochester.edu****
>>
>> http://www.rochester.edu/College/PSC/primo****
>>
>> ** **
>>
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