[EL] Treating voters
Justin Levitt
levittj at lls.edu
Mon Sep 22 16:17:00 PDT 2014
I'm pretty sure that Rick addressed this issue, with some research on
the laws in all 50 states, in his 2000 article on Vote Buying
<http://ssrn.com/abstract=257564>. I believe he addressed both state
laws that prohibit giving voters something of value in order to vote for
or against a particular candidate or ballot measure, and also state laws
that prohibit giving voters something of value in order to vote or
refrain from voting (without a particular candidate push). (I think he
also discussed federal law.)
--
Justin Levitt
Professor of Law
Loyola Law School | Los Angeles
919 Albany St.
Los Angeles, CA 90015
213-736-7417
justin.levitt at lls.edu
ssrn.com/author=698321
On 9/22/2014 4:07 PM, Dan Meek wrote:
> The "exchange of something of value to encourage people to vote in
> non-federal elections" is definitely illegal in Oregon. The first
> part of ORS 270.665 states:
>
> *260.665 Undue influence to affect registration, voting, candidacy,
> signing petitions; solicitation of money or other benefits.*(1) As
> used in this section, "undue influence" means force, violence,
> restraint or the threat of it, inflicting injury, damage, harm, loss
> of employment or other loss or the threat of it, or giving or
> promising to give money, employment or other thing of value.
>
> (2) A person, acting either alone or with or through any other
> person, may not directly or indirectly subject any person to undue
> influence with the intent to induce any person to:
>
> (a) Register or vote;
>
> (b) Refrain from registering or voting;
>
> (c) Register or vote in any particular manner;
>
> (d) Be or refrain from or cease being a candidate;
>
> (e) Contribute or refrain from contributing to any candidate,
> political party or political committee;
>
> (f) Render or refrain from rendering services to any candidate,
> political party or political committee;
>
> (g) Challenge or refrain from challenging a person offering to vote;
>
> (h) Apply or refrain from applying for a ballot as an absent
> elector; or
>
> (i) Sign or refrain from signing a prospective petition or an
> initiative, referendum, recall or candidate nominating petition.
>
>
> Dan Meek
>
> 503-293-9021 dan at meek.net <mailto:dan at meek.net> 866-926-9646 fax
>
>
> On 9/22/2014 3:46 PM, Larry Levine wrote:
>>
>> 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
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>> 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
>> <mailto: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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>
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