[EL] Legality of Voting Incentives

[Denise Lieberman]

I think that's right.

But that doesn't mean you can't offer incentives for participating in other ways in the elections process. I offer my students credit if they sign up to work as election judges, poll workers or non-partisan observers on Election Day. 


Denise Lieberman, Senior Attorney
Advancement Project
1220 L Street NW, Suite 850
Washington, DC 20005
Cell: (314) 780-1833
dlieberman at advancementproject.org
www.advancementproject.org

On Oct 5, 2012, at 10:32 AM, Primo, David wrote:

> 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<mailto: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<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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