[EL] Treating voters

[Lance Olson]

Ray:  I don't think the offered consideration has to be directed to all voters, but as  a practical matter anyone who may know about the "treats" can partake.  For example, a campaign may offer free donuts to anyone who shows their voting receipt at participating donut shops.  The message announcing the free donuts may be targeted (possibly to known supporters), but not always, and in any event if someone shows up with their receipt, they get a donut.  I should note this method is rarely used in my experience, and would be permitted only in non-federal elections, e.g., a special election to fill a legislative seat.

Lance H. Olson
Olson Hagel & Fishburn
555 Capitol Mall, Suite 1425
Sacramento, CA  95814
Telephone:  916 442-2952
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From: Ray La Raja [mailto:laraja at polsci.umass.edu]
Sent: Monday, September 22, 2014 2:53 PM
To: Lance Olson
Cc: law-election at department-lists.uci.edu
Subject: Re: [EL] Treating voters

Thanks Lance.  Okay, so treating is allowed so long as you don't push a preference at the ballot box.  That raises interesting questions because it is fairly easy to target voters who are likely to vote for your candidate or measure.  I assume it's not required that treating must be parceled out equally to all comers.


On Sep 22, 2014, at 5:40 PM, Lance Olson <Lance at olsonhagel.com<mailto:Lance at olsonhagel.com>> wrote:


Actually, California does impose restrictions in connection with non-federal California elections.  See Elections Code sections 18521 and 18522.  The difference from federal law is the California restriction applies when the consideration is given in exchange for voting for a "particular person or measure."

Lance H. Olson
Olson Hagel & Fishburn
555 Capitol Mall, Suite 1425
Sacramento, CA  95814
Telephone:  916 442-2952
________________________________________
PLEASE NOTE: In order to comply with IRS Circular 230, we must advise that, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of either avoiding tax-related penalties under the Internal Revenue Code, or promoting, marketing, or recommending to another party any tax-related matter addressed in this communication.
CAUTION: THE INFORMATION CONTAINED IN THIS E-MAIL AND ANY ACCOMPANYING DOCUMENT(S) IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE AND MAY BE CONFIDENTIAL, MAY BE PRIVILEGED (ATTORNEY-CLIENT, ATTORNEY WORK PRODUCT, RIGHT TO PRIVACY) AND MAY CONSTITUTE INSIDE INFORMATION.
From: law-election-bounces at department-lists.uci.edu<mailto:law-election-bounces at department-lists.uci.edu> [mailto:law-election-bounces at department-lists.uci.edu<mailto:election-bounces at department-lists.uci.edu>] On Behalf Of Ray La Raja
Sent: Monday, September 22, 2014 2:34 PM
To: law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>
Subject: [EL] Treating voters

Does anyone know which states do not restrict the exchange of something of value to encourage people to vote in non-federal elections?   I understand that California does not bar such campaign practices, but I do not know about other states. Thanks.

Ray La Raja
Associate Professor
Department of Political Science
University of Massachusetts, Amherst
(413) 545-6182
http://polsci.umass.edu/profiles/la-raja_ray/home


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