Election Day often brings a unique wave of promotional activity from businesses aiming to engage with consumers participating in the democratic process. These offers typically range from free food and beverages to discounts on services, often requiring proof of voting, such as an "I Voted" sticker. However, the legality of these promotions is a nuanced subject, governed by federal election laws that prohibit offering incentives specifically in exchange for a vote. As a result, many brands structure their Election Day deals to be inclusive or framed as general celebrations of civic duty rather than direct quid pro quo exchanges.
In the context of the 2016 election, various national and regional brands rolled out specific promotions. While some offers were available nationwide, others were localized to specific regions, such as the Space Coast of Florida. The following analysis examines the types of incentives offered, the methods for redeeming them, and the legal frameworks that shape how businesses can interact with voters on Election Day.
Categories of Election Day Incentives
During the 2016 election cycle, businesses across several sectors utilized Election Day to drive traffic and sales. These promotions generally fell into three categories: food and beverage discounts, transportation services, and retail incentives.
Food and Beverage Promotions
The food and beverage sector was the most active in offering Election Day incentives. These ranged from complimentary items to percentage-based discounts.
- Beer and Alcohol: In specific regions like the Space Coast, breweries offered direct discounts to voters. Playalinda Brewing Co. in Titusville offered $1 off the first Playalinda-brewed beer to customers wearing an "I Voted" sticker in the evening. Similarly, World of Beer in The Avenue Viera offered $1 off the first beer for voters. These offers were specific to these locations and required the physical presence of the customer and their sticker.
- Coffee and Doughnuts: National chains also participated. 7-Eleven offered a free coffee of any size to customers using their mobile app, a promotion that did not strictly require an "I Voted" sticker but was timed for Election Day. Krispy Kreme offered a free doughnut to customers who showed their "I Voted" sticker at participating locations.
- Casual Dining and Quick Service: Restaurants offered various incentives. California Tortilla provided free chips and queso with any purchase if the customer recited a specific phrase, such as "I vote for queso" or "Make queso great again." Bob Evans offered 30% off any dine-in or carryout order after 2 p.m. on Election Day. Other chains like Great American Cookies and Firehouse Subs offered free cookies or medium drinks, respectively, upon presentation of an "I Voted" sticker.
Transportation Services
Recognizing the logistical challenge of getting to the polls, several transportation companies offered free or discounted rides.
- Ride-Sharing: Uber provided an in-app feature to help users find their polling locations. For first-time customers, a promo code (VOTETODAY) offered $20 off the first ride. Other reports mentioned a code (VOTE2018, though this appears to be from a later election cycle) for discounts.
- Car Sharing: Zipcar promoted a "#DRIVEtheVOTE" initiative, making over 7,000 vehicles free for members to use from 6 p.m. to 10 p.m. on Election Day. This allowed members to reserve cars starting at 9 a.m. on November 3 up to Election Day.
Retail and Fitness Incentives
Retailers and fitness centers also joined in with specific offers. Gold's Gym offered free access to local gyms for anyone presenting a valid "I Voted" sticker. Evelyn & Arthur, a women's clothing retailer, closed on Election Day to encourage voting but offered 20% off one item to shoppers who provided proof of voting (either a photo outside the polls or a voting sticker) when stores reopened on Wednesday.
Methods of Redemption and Eligibility
The redemption process for these Election Day offers varied significantly, often reflecting the legal constraints surrounding them.
- Physical Proof: The most common method required customers to physically display an "I Voted" sticker. This was the standard for Krispy Kreme, Great American Cookies, Gold's Gym, and the brewery offers in Florida. This method relies on the honor system and the physical presence of the voter at the business location.
- Verbal Codes: California Tortilla utilized a "secret password" system. Customers did not need to show a sticker but had to verbally state a specific phrase to the server. This method is less direct in linking the reward to the act of voting itself.
- Digital/App-Based: 7-Eleven required the use of its mobile app to claim the free coffee. This method leverages the company's digital ecosystem and does not explicitly tie the reward to voting, though it is promoted as an Election Day benefit.
- Social Media Engagement: While not explicitly detailed in the 2016 data provided, similar election promotions often require users to share a selfie or post on social media with specific hashtags to receive a coupon or voucher.
Legal Considerations in Election Day Promotions
The intersection of marketing and voting is strictly regulated to prevent undue influence on the electoral process. Federal law prohibits offering free or discounted items specifically in exchange for proof of voting.
According to legal experts, it is illegal in elections where federal candidates are on the ballot to offer free goods or services to people upon proof of voting. This law is designed to prevent bribery or the appearance of corruption. If a business were to explicitly state, "Bring us your 'I Voted' sticker and receive a free item," it could be interpreted as offering an inducement to vote or to vote in a particular way.
To navigate this, businesses often employ specific strategies:
- Inclusive Offers: The offer is available to everyone, regardless of whether they voted. For example, 7-Eleven's app offer is technically available to anyone with the app, though it is marketed heavily for Election Day.
- Celebratory Framing: Promotions are framed as a celebration of democracy or civic engagement rather than a reward for voting. World of Beer's statement about "sharing a pint of common good" is an example of this framing.
- Indirect Verification: Using verbal passwords or social media posts rather than requiring a physical sticker can create legal distance, though the intent remains to target voters.
- Timing and Location: Some offers are restricted to specific times (e.g., after 2 p.m.) or specific locations (e.g., only the Titusville brewery), which limits the scope of the promotion.
A notable example of legal scrutiny occurred with the Field Museum in Chicago, which initially offered free admission only to those showing an "I Voted" sticker. After recognizing the legal implications, the museum changed its policy to offer free admission to anyone in Illinois, decoupling the freebie from the act of voting.
Regional Variations and Localized Deals
While national chains often have standardized Election Day promotions, localized deals can be more specific and appealing to regional demographics. The 2016 data highlighted specific activity on the Space Coast of Florida.
- Space Coast Specifics: Playalinda Brewing Co. and World of Beer in Titusville and Viera, respectively, offered beer discounts. California Tortilla in Suntree offered the chips and queso deal. These offers were reported in local news outlets and were not necessarily part of a nationwide corporate strategy.
- National vs. Regional: While Krispy Kreme and 7-Eleven had national reach, the specific beer offers and the California Tortilla location mentioned were regional. Consumers looking for deals must often check local listings or news sources rather than assuming all national brands are participating uniformly.
Conclusion
Election Day promotions serve as a unique intersection of civic engagement and consumer marketing. In 2016, businesses utilized a variety of tactics—from free doughnuts and coffee to discounted beer and rides—to connect with voters. However, these promotions operate within a strict legal framework that prohibits directly exchanging goods for votes. Consequently, offers are structured to be inclusive, celebratory, or indirect in their verification methods. For consumers, these deals represent an opportunity to enjoy freebies, but they should be aware that the primary goal of these promotions is to drive business traffic and brand engagement, rather than to influence the electoral outcome.