[EL] Treating voters

[Larry Levine]

In a campaign in 1975 we sent targeted voters a 2-for-1 chicken dinner offer
at a local coffee shop. They needed to bring the card we sent in the mail
and their voting stub to the restaurant to collect. The offer was good for
one week. They gave away 1,500 chicken dinners and 1,500 rain checks the
first day. The three city council districts within which we targeted the
offer were the second, third and fourth highest turnout districts out of the
15 in the city that day and they did not have a city council election to
help drive turnout. We won the election.

Larry

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Lance
Olson
Sent: Monday, September 22, 2014 3:02 PM
To: Ray La Raja
Cc: law-election at department-lists.uci.edu
Subject: Re: [EL] Treating voters

 

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

________________________________________

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: 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> 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:  <mailto:law-election-bounces at department-lists.uci.edu>
law-election-bounces at department-lists.uci.edu [mailto:law-
<mailto:election-bounces at department-lists.uci.edu>
election-bounces at department-lists.uci.edu] On Behalf Of Ray La Raja
Sent: Monday, September 22, 2014 2:34 PM
To:  <mailto:law-election at department-lists.uci.edu>
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>
http://polsci.umass.edu/profiles/la-raja_ray/home

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20140922/2d531e0e/attachment.html>