[EL] LEGAL?? Fwd: BYOB (Bring Your Own Ballot) Mailbox Party at 8 th and Broadway This Monday
Buerger, David - GAB
David.Buerger at wisconsin.gov
Thu Feb 5 13:41:29 PST 2015
I can’t speak to which way is the majority view, but this would be illegal in Wisconsin per Wis. Stat. § 12.11(1m)(a):
(1m) Any person who does any of the following violates this chapter:
(a) Offers, gives, lends or promises to give or lend, or endeavors to procure, anything of value, or any office or employment or any privilege or immunity to, or for, any elector, or to or for any other person, in order to induce any elector to:
1. Go to or refrain from going to the polls.
2. Vote or refrain from voting.
3. Vote or refrain from voting for or against a particular person.
4. Vote or refrain from voting for or against a particular referendum; or on account of any elector having done any of the above.
From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Greenberg, Kevin
Sent: Thursday, February 05, 2015 10:25 AM
To: 'Rick Hasen'; 'John Tanner'
Cc: 'law-election at department-lists.uci.edu'
Subject: Re: [EL] LEGAL?? Fwd: BYOB (Bring Your Own Ballot) Mailbox Party at 8 th and Broadway This Monday
This is very similar to what we have in PA (and I think most states have). At least here, in non-federal elections, turnout incentives are legal, so long as not tied to a specific vote. As Rick points out in his excellent article, demographic and polling-driven analysis makes this easy to manipulate.
Hypothetical question:
A campaign does high quality micro-polling so it know which voters are aligned with its candidate. And it then only offers the turnout incentive to voters WHO SAY they are definitively inclined to vote for the campaign’s candidate (albeit with temporal separation). Is that legal?
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] On Behalf Of Rick Hasen
Sent: Thursday, February 05, 2015 11:16 AM
To: John Tanner
Cc: law-election at department-lists.uci.edu<mailto:law-election at department-lists.uci.edu>
Subject: Re: [EL] LEGAL?? Fwd: BYOB (Bring Your Own Ballot) Mailbox Party at 8 th and Broadway This Monday
The full section<http://law.onecle.com/california/elections/18521.html> only makes it illegal to for for or against a particular candidate or measure (my emphasis):
18521. A person shall not directly or through any other person
receive, agree, or contract for, before, during or after an election,
any money, gift, loan, or other valuable consideration, office,
place, or employment for himself or any other person because he or
any other person:
(a) Voted, agreed to vote, refrained from voting, or agreed to
refrain from voting for any particular person or measure.
(b) Remained away from the polls.
(c) Refrained or agreed to refrain from voting.
(d) Induced any other person to:
(1) Remain away from the polls.
(2) Refrain from voting.
(3) Vote or refrain from voting for any particular person or
measure.
Any person violating this section is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years.
On 2/5/2015 8:06 AM, John Tanner wrote:
This is what I read --
18521. A person shall not directly or through any other person
receive, agree, or contract for, before, during or after an election,
any money, gift, loan, or other valuable consideration, office,
place, or employment for himself or any other person because he or
any other person:
(a) Voted, agreed to vote,
On Feb 5, 2015, at 10:46 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
I don't think that's correct---at least not how this has been interpreted in CA.
On 2/5/2015 7:37 AM, John Tanner wrote:
What seemed odd to me is that the person accepting money can be prosecuted but not the person giving the money — at least as I skimmed the code. Prosecuting poor folks and not rich folks.
On Feb 5, 2015, at 10:31 AM, Rick Hasen <rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>> wrote:
Payments for turnout (but not for outcomes) are indeed legal in California, but not if federal candidates are on the ballot. Some other states have similar rules. Here's an article of mine analyzing various approaches to prevent vote buying:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=257564
On 2/5/2015 7:24 AM, John Tanner wrote:
It looks as if an offer of a thing of value (I presume the wrist band gets you free drinks at the party) in return for voting (depositing your mail ballot). It doesn’t look as if you have to show for whom you vote. A quick look at the CA code seems to show that it is illegal to receive a thing of value for voting but not to offer value for voting: the offer of $ or whatever must be to vote for a particular person. That seems strange and wrongheaded to me.
On Feb 5, 2015, at 12:03 AM, David A. Holtzman <David at holtzmanlaw.com<mailto:David at holtzmanlaw.com>> wrote:
Hello EL,
Voting has started in several city elections in L.A. County.
Please see underlined "exclusive wristband" text below (my underlining).
Opinions?
- dah
-------- Forwarded Message --------
Subject:
BYOB (Bring Your Own Ballot) Mailbox Party at 8 th and Broadway This Monday
Date:
Thu, 05 Feb 2015 01:06:06 +0000
From:
José Huizar <jose at josehuizar2015.com><mailto:jose at josehuizar2015.com>
To:
dh at lavotefire.org<mailto:dh at lavotefire.org>
Pump Up the Vote
@ The Ace Hotel
hosted by BLVD745
________________________________
Calling all DTLA Jose Huizar Permanent Absentee Voters! You're going to drop you ballot in the mail anyway, why not do it and meet up with like-minded #TeamHuizar supporters and enjoy an evening at the Ace Hotel after you put your ballot in the mailbox! Meet us at the mailbox on the corner of 8th and Broadway on Monday, Feb 9th at 5:00 pm to turn in your Mail Ballot and get an exclusive wristband to join us at the after party!
THANK YOU for doing your civic duty!
The after party will be @ the Ace Hotel Rooftop hosted by Nico Rusconi and Jon Blanchard of BLVD745.
Come meet Councilmember José Huizar @ the Ace and celebrate the future of Downtown Los Angeles!
Still need to register to vote? No problem, RSVP and come to the After Party where #TeamHuizar will help you register!
RSVP to josehuizar2015 at gmail.com<mailto:josehuizar2015 at gmail.com>
or click HERE<http://www.josehuizar2015.com/pump_up_the_vote?e=8b29b06c9b168ebf406e003a59e5775a&utm_source=josehuizar&utm_medium=email&utm_campaign=ace_event_dtla&n=1>
[Image removed by sender. ACE_FLYER_INVITE_FINAL-011.jpg]
Paid for by Huizar for L.A. City Council 2015 | FPPC ID#: 1360239
777 S. Figueroa, Suite 4050 LA, CA 90017
Additional information available at ethics.lacity.org<http://www.josehuizar2015.com/r?u=http%3A%2F%2Fethics.lacity.org%2F&utm_campaign=ace_event_dtla&n=2&e=8b29b06c9b168ebf406e003a59e5775a&utm_source=josehuizar&utm_medium=email>
http://www.josehuizar2015.com/<http://www.josehuizar2015.com/?e=8b29b06c9b168ebf406e003a59e5775a&utm_source=josehuizar&utm_medium=email&utm_campaign=ace_event_dtla&n=3>
Jose Huizar for City Council · United States
This email was sent to dh at lavotefire.org<x-msg://3/dh@lavotefire.org>. To stop receiving emails,[].
Created with NationBuilder<http://www.josehuizar2015.com/r?u=http%3A%2F%2Fnationbuilder.com&utm_campaign=ace_event_dtla&n=5&e=8b29b06c9b168ebf406e003a59e5775a&utm_source=josehuizar&utm_medium=email>, the essential toolkit for leaders.
_______________________________________________
Law-election mailing list
Law-election at department-lists.uci.edu<mailto:Law-election at department-lists.uci.edu>
http://department-lists.uci.edu/mailman/listinfo/law-election
_______________________________________________
Law-election mailing list
Law-election at department-lists.uci.edu<mailto:Law-election at department-lists.uci.edu>
http://department-lists.uci.edu/mailman/listinfo/law-election
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
_______________________________________________
Law-election mailing list
Law-election at department-lists.uci.edu<mailto:Law-election at department-lists.uci.edu>
http://department-lists.uci.edu/mailman/listinfo/law-election
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>
--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
hhttp://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20150205/a2330621/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 1130 bytes
Desc: image001.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20150205/a2330621/attachment.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 332 bytes
Desc: image002.jpg
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20150205/a2330621/attachment-0001.jpg>
View list directory