Election Day in the United States has become associated with a variety of promotional offers and freebies from businesses seeking to acknowledge voters. These offers range from free food items to discounted transportation services. However, the legality of these promotions is a complex issue governed by federal election laws. For consumers, understanding which offers are permissible and which might cross legal lines is essential. This article examines the nature of Election Day freebies, the legal restrictions that apply, and specific examples of promotions reported in the media.
The Tradition of Election Day Promotions
Offering free items or discounts on Election Day is a long-standing tradition for many American businesses. Companies often frame these promotions as a way to celebrate civic participation and encourage community engagement. Common offers include free coffee, doughnuts, or discounted rides to polling locations. The visibility of these offers increased significantly during the 2024 election cycle, with major national brands participating.
According to reports, the motivation behind these promotions is generally positive. For example, Dave Skena, Global Chief Brand Officer for Krispy Kreme, stated, “Participating in our democracy should be celebrated! So, we’re happy to sweeten everyone’s day with free Original Glazed doughnuts on Election Day” (Source 6). This sentiment reflects the view held by many business owners that these promotions are harmless civic celebrations.
Understanding Federal Election Laws
Despite the benign intent often cited by businesses, federal law places strict limits on what can be offered in connection with voting. The primary statute governing this area is 18 USC Sec. 597. This law prohibits individuals or companies from providing "any pecuniary goods or services in exchange for voting" (Source 1).
Jonathan Brater, counsel for New York University Law School’s Brennan Center Democracy Program, explains that federal law prohibits providing any goods or services in exchange for a vote (Source 1). The law is specific: any expenditure given to a voter in exchange for voting, or for withholding a vote, is a violation subject to fines or arrest (Source 2).
Election law experts clarify that no one can offer any kind of benefit or reward for voting in an election that includes federal candidates on the ballot (Source 3). The critical distinction in these cases is often whether the offer is conditioned on the act of voting. If a consumer must prove they voted to receive a benefit, the promotion may be illegal.
The "I Voted" Sticker Dilemma
The "I Voted" sticker has become a symbol of civic pride, but it is also the focal point of legal controversy regarding Election Day freebies. Many promotions require customers to show an "I Voted" sticker to receive a free item or discount. According to legal analysis, any promotion that requires showing an "I Voted" sticker could be in violation of 18 USC Sec. 597 because it appears to offer an expenditure in exchange for the act of voting (Source 2).
A coffee shop owner who offered a free cookie to anyone wearing an "I Voted" sticker faced complaints that the promotion was illegal. Legal analysis of this specific scenario suggests that such promotions may violate federal statutes prohibiting vote-buying, potentially punishable by up to five years in jail (Source 7). The statutes cited in such cases prohibit paying or offering money or other valuable things to induce or reward voting (Source 7).
Navigating the Gray Areas: Legal vs. Illegal Offers
The line between a legal promotion and an illegal vote-buying scheme is often determined by the specific terms of the offer. Generally, offers that are open to anyone, regardless of whether they voted, are considered legal. Conversely, offers that explicitly condition a benefit on voting are illegal.
Illegal or Questionable Promotions
Promotions that require proof of voting, such as an "I Voted" sticker, are viewed as potentially illegal. * The Field Museum: The museum in Chicago initially planned to offer free admission only to those showing an "I Voted" sticker. Following legal scrutiny, the offer was modified to be available to anyone in Illinois, regardless of voting status (Source 2). * Madame Tussauds Hollywood: The museum offered free admission as a "thank you for voting." Election law experts classify this type of benefit as illegal if it is strictly for voters (Source 3). * Johnny Rockets: Some reports indicated the chain offered a free shake with an in-store purchase to anyone who could "prove they voted" (Source 6). Other reports noted the offer required guests to mention "Free Shake" at the register (Source 5). The requirement to prove voting is the legally problematic aspect.
Legal Promotions
Promotions that do not require proof of voting or are structured as general discounts are typically legal. * Krispy Kreme: The doughnut chain offered a free Original Glazed doughnut on Election Day. Crucially, reports state that "no purchase or proof that you voted is necessary" (Source 5). While the chain handed out "I Voted" stickers, the free doughnut was not contingent on having or showing one. This distinction makes the offer legal (Source 6). * Uber and Lyft: Ride-sharing companies offered discounts on rides to polling places. * Uber offered 50% off trips to the polling place (up to $10) and explicitly stated, "This offer is not intended to induce, nor is it conditioned on, the act of voting" (Source 2, Source 4, Source 5). * Lyft offered a 50% discount (up to $10) using a code (Source 5). These offers are viewed as facilitating access to the polls rather than rewarding the act of voting itself. * Hertz: Offered one free rental day with a two-day rental, valid through Nov. 5, 2024 (Source 5). * Round Table Pizza: Offered $6 off a large or extra-large pizza (Source 6). * Ikea: Offered free frozen yogurt on Election Day (Source 6).
Transportation Services and Election Day
Free transportation to polling locations is a specific category of Election Day offers. Experts note that only free transportation to and from polling locations can be offered free of charge (Source 3). This exception is likely because transportation is viewed as a facilitator of the voting process rather than a direct reward for the vote itself.
Companies like Uber and Lyft structure their offers as discounts rather than completely free rides, though the legal distinction likely hinges on whether the offer is conditioned on voting. Both companies included language in their promotions distancing the offer from any requirement to vote (Source 2, Source 4).
The Reality of Enforcement
While these promotions may technically violate federal statutes, election law experts suggest that prosecution is unlikely. Despite the federal ban, it is "unlikely anyone will be prosecuted" for offering these types of freebies (Source 3). The "Time to Vote" initiative, which includes over 2,000 companies agreeing to ensure employees can vote, highlights the corporate trend toward supporting civic duty, which may influence the leniency typically shown toward these promotions (Source 4).
However, the legal risk remains. The angry post on the coffee shop's Facebook page mentioned in Source 7 illustrates that consumers are becoming aware of the legal nuances. While the shop owner suspected the complaint was politically motivated, the legal analysis provided in the source material confirms that the promotion was technically illegal.
State and Local Variations
Election Day is not a federal holiday, but it is recognized as a state holiday in many states, including New Jersey (Source 5). In states where it is a holiday, government offices may be closed. This status can influence local business promotions, as there may be more foot traffic in commercial areas.
Consumers are advised to check with local restaurants, bars, and businesses for any Election Day promotions they may have, as many local establishments offer deals that may not be reported in national media (Source 4, Source 5).
Summary of Key Offers (2024 Election Cycle)
Based on the provided source material, the following national offers were reported for the November 5, 2024, Election Day:
- Krispy Kreme: Free Original Glazed doughnut. No proof of voting required.
- Johnny Rockets: Free shake with in-store purchase (some reports required proof of voting, others required mentioning the offer).
- Hertz: One free rental day with a two-day rental.
- Lyft: 50% discount (up to $10) using code VOTE24.
- Uber: 50% off trips to polling place (up to $10); 25% off Uber Eats orders (up to $15) with $25 minimum purchase.
- Round Table Pizza: $6 off large or extra-large pizza.
- Ikea: Free frozen yogurt.
Conclusion
Election Day freebies are a popular tradition that allows businesses to engage with customers and celebrate civic participation. However, consumers and businesses alike must be aware of the legal boundaries set by federal election laws. The key factor in determining legality is whether a benefit is conditioned on the act of voting. Offers that require proof of voting, such as an "I Voted" sticker, are generally considered illegal under 18 USC Sec. 597. Conversely, offers that are open to all or facilitate access to the polls without requiring a vote are permissible. While enforcement of these laws against businesses offering free doughnuts or discounts is rare, the legal prohibitions are clear. Consumers should look for offers that do not require proof of voting to ensure they are participating in legal promotions.