[EL] Legality of Voting Incentives

[Primo, David]

Thanks, everyone, for the replies.  

 

Working from John's e-mail and Election Law at Moritz,
http://moritzlaw.osu.edu/electionlaw/ebook/part3/campaign_getout02.html,
it seems that at least it is at least plausible that offering extra
credit is an illegal inducement.  I am not sure that the group nature of
the exercise solves the problem from a legal perspective.

 

I have found at least one instance-an Ohio Atty. Gen. opinion-where
extra credit is explicitly treated as something of value and illegal to
use as an inducement for voting.  See here:

http://www.ohioattorneygeneral.gov/OhioAttorneyGeneral/files/0c/0ce60a7d
-f979-4504-b712-c6542b6f65d7.pdf.  

 

So, I think the take-away is that this idea is ill-advised, at best, and
very likely illegal.

 

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

________________________________

From: John Tanner [mailto:john.k.tanner at gmail.com] 
Sent: Friday, October 05, 2012 10:04 AM
To: Steve Kolbert
Cc: Primo, David; law-election at uci.edu
Subject: Re: [EL] Legality of Voting Incentives

 

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 <tel:%28202%29%20422-2588> 
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 at rochester.edu

	http://www.rochester.edu/College/PSC/primo

	 

	 

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