Want some fries with that vote?
Several restaurants and businesses around the nation are rewarding civic duty with free or discounted items by participating in Election Day Freebies. Blaze Pizza, Lemonade, Shake Shack, and Corner Bakery Cafe are among the many participating establishments offering rewards to those who show their "I Voted" sticker at checkout.
But is incentivizing voters legal?
UC Irvine law professor Rick Hasen argues that election day freebies are technically against federal law, under the U.S. Code of Conduct. The conduct states those who “make offers or expenditures” to people in exchange for a vote could be in violation and punished.
“It is illegal in elections when federal candidates are on the ballot to offer free stuff (including free food or drink) to people upon proof of voting,” Hasen told Nation’s Restaurant News.
One loophole involves offering the perks to everyone. For example, Potbelly Sandwich Shop announced they are offering a free cookie with any order on Election Day, regardless of proof of voting.
Some think it is a stretch to say these restaurants are incentivizing voting by offering free french fries. Rather, they believe the businesses are supporting and rewarding a democratic process.
“I don’t believe this is a clear cut case of somebody buying your vote or donating something of value,” said Dora Kingsley Vertenten, a professor at USC Price School of Public Policy. “It’s not buying somebody’s vote. But afterwards, as a means of generating interest and some sense of community, it’s showing how we all actually get to participate in this wonderful democratic process and it’s absolutely a legal benefit.”
According to Vertenten, it would only be illegal if these items were being offered as quid pro quo–meaning votes for specific issues or candidates are directly exchanged with goods, services, favors or any other kind of value.
Many restaurants are able to offer these incentives every election year with no penalties because no direct correlation to voting incentives and actual voter turnout have been found.
“As long as you don’t have to show your ballot before you turn it in, it’s not a quid pro quo. That’s not what it is,” Vertenten said.
Blaze Pizza is offering free delivery on any order placed through its app on Election Day. California Tortilla is giving away free chips and queso with any purchase if a customer says, “I Voted.” And at Shake Shack, customers can get free fries with any purchase if they use the code “IVOTED” on the app or present their “I Voted” stickers to a cashier.
Additionally, many restaurants and bars are promoting incentives on social media. Los Angeles bakery The Pie Hole tweeted, “On Election Day, show us your “I Voted” sticker and get 1 of our brand new pie holes for free!”
Alex Yoshida, a junior political science major at USC, voted in this year’s midterm elections and says he wasn’t aware of any voting incentives.
“Even if I did know, that wouldn’t have been my main reason to go vote,” says Yoshida. “I’m voting to exercise my rights and use my voice, not because I’m expecting something as a reward.”
Skye Hagstrom, a senior business major at USC knew about Blaze Pizza’s free delivery incentive, but says it didn’t influence her to vote.
“I was planning on voting before I knew that I could get a free pizza delivery, but it’s pretty cool that I can do both,” Hagstrom said.
While discounts or freebies tied to voting could be seen as attempt to influence voting, Vertenten said that this is “no different than employers letting workers take the day off to vote, or Uber drivers who offer rides to a local polling place.”
California polls close at 8 p.m. tonight.
