Stores Offering Freebies For Voters Are Violating Federal Law
Tuesday, November 4, 2008 – updated: 5:56 pm EST November 4, 2008
ORANGE COUNTY, Fla. -- 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.
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