[EL] Legality of Voting Incentives

[John Tanner]

I've done that as a requirement

On Fri, Oct 5, 2012 at 12:13 PM, Denise Lieberman <
dlieberman at advancementproject.org> wrote:

> 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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