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Stores Offering Freebies For Voters Are Violating Federal Law

Posted: 3:59 pm EST November 4, 2008Updated: 5:56 pm EST November 4, 2008

A federal law reared its head when some businesses tried to participate in the historic election. Starbucks got a lot of publicity for offering a free cup of coffee to anyone who voted, but the chain changed its policy Tuesday after it found out the promotion actually violates federal election laws.

Wall Street Cantina in downtown Orlando was giving away free margaritas to anyone who came in with an "I Voted" sticker. Starbucks planned to serve coffee, Krispy Kreme was giving away donuts and Chik-Fil-A was handing out sandwiches, all free; you just had to prove you voted. Then lawyers got involved.

"They said they got word from corporate saying they can't give chicken sandwiches because it's against a federal law," voter Eric Bolves told Eyewitness News.

U.S. Code Title 42 1973 says "whoever knowingly or willfully ... pays or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years." In other words, giving away free stuff to voters is a federal offense.

"I don't know what geek up in Washington or somewhere else is trying to put the kibosh out on them supporting people for voting, but that's absolutely ridiculous," Bolves said.

Chik-Fil-A immediately cut off the free chicken offer. The chain put up a note at the store on Alafaya Trail letting customers know they'll have to pay. Krispy Kreme decided to give free donuts to anyone, whether they voted or not. Starbucks made the same decision.

An election law professor told Eyewitness News that while the stores are technically breaking the law, he doubts federal officials would actually prosecute because their motivations are commercial, not political.

2008 Property Tax Amendments

"Proposing an amendment to the State Constitution to delete provisions authorizing the Legislature to regulate or prohibit the ownership, inheritance, disposition, and possession of real property by aliens ineligible for citizenship."
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"This amendment protects marriage as the legal union of only one man and one woman as husband and wife and provides that no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
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WATCH: Channel 9's Berndt Petersen Explains Amendment 2

"Authorizes the Legislature, by general law, to prohibit consideration of changes or improvements to residential real property which increase resistance to wind damage and installation of renewable energy source devices as factors in assessing the property's value for ad valorem taxation purposes. Effective upon adoption, repeals the existing renewable energy source device exemption no longer in effect."
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WATCH: Channel 9's Berndt Petersen Explains Amendment 3

"Requires Legislature to provide a property tax exemption for real property encumbered by perpetual conservation easements or other perpetual conservation protections, defined by general law. Requires Legislature to provide for classification and assessment of land used for conservation purposes, and not perpetually encumbered, solely on the basis of character or use. Subjects assessment benefit to conditions, limitations, and reasonable definitions established by general law. Applies to property taxes beginning in 2010."
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WATCH: Channel 9's Berndt Petersen Explains Amendment 4

"Provides for assessment based upon use of land used predominantly for commercial fishing purposes; land used for vessel launches into waters that are navigable and accessible to the public; marinas and drystacks that are open to the public; and water-dependent marine manufacturing facilities, commercial fishing facilities, and marine vessel construction and repair facilities and their support activities, subject to conditions, limitations, and reasonable definitions specified by general law."
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WATCH: Channel 9's Berndt Petersen Explains Amendment 6

"Proposing an amendment to the State Constitution to require that the Legislature authorize counties to levy a local option sales tax to supplement community college funding; requiring voter approval to levy the tax; providing that approved taxes will sunset after 5 years and may be reauthorized by the voters. "
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WATCH: Channel 9's Berndt Petersen Explains Amendment 8

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