Milwaukees 2016 Election Day Freebies The Legal Battle Over Voter Incentives

During the 2016 election season, Milwaukee experienced an unusual phenomenon as local businesses attempted to encourage civic participation by offering free items to voters who could show their "I Voted" stickers. This wave of voter incentives, however, sparked a legal controversy that ultimately led to many of these offers being rescinded. The situation highlighted the complex intersection of election law, business promotions, and voter engagement efforts in a politically charged environment.

The concept of providing incentives for voting is not new, but Milwaukee's 2016 election saw an particularly concentrated effort from local establishments to reward civic participation. Restaurants, bars, and other businesses throughout the city advertised special deals exclusively for those bearing proof that they had cast their ballots. These offers ranged from complimentary food and drinks to discounts on various products and services.

At the forefront of this voter incentive movement was World Central Kitchen, a nonprofit group typically focused on global disaster relief. The organization launched an initiative called #ChefsForThePolls, which provided chicken salad sandwiches and parfas at polling sites during both early voting and on Election Day. This effort, described as nonpartisan, aimed to address the challenge of long lines at polling places by providing sustenance to voters while they waited to exercise their civic duty.

Similarly, Club Charlie's restaurant demonstrated community spirit by sending staff members to move between polling locations throughout the day. According to Liz Hagedorn, the general manager of Milwaukee restaurant Club Charlie's, her team "bounced from polling site to polling site Tuesday just to feed people while waiting to vote, do something good." Hagedorn emphasized that this initiative was "nonpartisan," reflecting a community-focused approach to encouraging voter participation.

As Election Day approached, a comprehensive list of establishments offering voter incentives began circulating. Radio Milwaukee compiled an extensive directory of businesses that would provide freebies to voters with their "I Voted" stickers. The list included numerous popular Milwaukee establishments:

• AJ Bombers offered 25% off the entire bill
• Bel-Air Cantina provided free margaritas (including for those with "I Voted Early" stickers) or fresh lime-aids for non-alcoholic options or those under 21
• Black Husky offered a free 7oz beer and access to a nacho potluck for sticker-wearers
• Bounce Milwaukee provided a free drink with the sticker, plus $1 tap beers, most bottles and cans, all rail cocktails and shots
• Cafe Bavaria, Cafe Benelux, Cafe Centraal, and Cafe Hollander each offered a free small High Speed Wit bier
• Cafe Lulu provided complimentary house-made potato chips and a champagne toast with election results
• Club Garibaldi offered a free can of Hamm's and food while supplies lasted
• Colonel Hart's provided a free mug of Miller beer and food specials
• dandan offered 50% off the first cocktail, wine, or draft beer
• Drink Wisconsinbly provided a free pint of Miller High Life
• Holey Moley offered an "I Voted" donut while supplies lasted or 25% off the entire order
• Honeypie provided $1 off any dessert
• Indulgence Chocolatiers offered a free mini dark chocolate sea salt bar
• Lazy Susan offered half off select wine, beer, and all specialty cocktails
• Lost Valley Cider Co. provided $1 off the first drink
• Mikey's offered complimentary BBQ bites and appetizers, plus "Trump and Hillary cocktail specials" starting at 5pm
• The Nomad World Pub provided a free can of Pabst Blue Ribbon beer
• Onesto offered 25% off the entire bill
• Palomino offered a free "I Voted" shot and $1 off pie
• Purple Door Ice Cream offered 20% off any menu board item
• Smoke Shack offered 25% off the entire bill
• Swig offered 25% off the entire bill
• Transfer Pizza offered 20% off the entire bill
• Up & Under Pub offered a free shot at their comedy show

This extensive list represented a significant community-wide effort to encourage voter participation through incentives. Many of these offers were promoted through local media outlets including the Milwaukee Journal Sentinel and OnMilwaukee, suggesting that these promotions were intended to be widely publicized and accessible to voters.

However, this wave of voter incentives soon attracted the attention of legal authorities. Bruce Landgraf, assistant district attorney with the Milwaukee County District Attorney's office, issued a statement clarifying that it is illegal to "offer anything of value to induce a person to go the polls or not go the polls." Landgraf specifically noted that offers exceeding $1 in value were problematic under election law.

The crackdown began when representatives from the Milwaukee County District Attorney's office personally visited establishments that had advertised voter incentives. David Sapp, bar manager for Drink Wisconsinbly, received such a visit regarding his promotion of free Miller High Life drafts to voters with "I Voted" stickers. Sapp expressed surprise at the legal implications of his offer, stating, "I have no idea that the promotion would have been illegal - adding that his deal had been listed along with others in the Milwaukee Journal Sentinel and in OnMilwaukee."

Sapp explained the intent behind the promotion: "We wanted to do something since it's such a big controversial election. We wanted to do something to get people out there and vote no matter what side you're on." The bar manager had simply been looking for confirmation that customers had actually voted, using the "I Voted" sticker as verification. The issue, according to authorities, was that the value of the free beer exceeded the $1 threshold permitted by election law.

In response to the legal pressure, several businesses quickly rescinded their offers. Bel Air Cantina, which had announced free margaritas at four of its locations, was among the first to withdraw its promotion. Other establishments faced similar challenges, as Landgraf pointed out that most standard drinks in Milwaukee establishments exceeded the $1 value threshold. "I have not been able to find any margaritas in the city for less than $1. Let me know if you do," Landgraf quipped regarding the Bel Air Cantina situation.

The establishments cited by Landgraf included: - Bel Air Cantina, which had promised free margaritas to voters at four locations - Palomino Bar, which had announced a free "I Voted" shot and $1 off pie - The Nomad World Pub, which had offered a free can of Pabst Blue Ribbon - Club Garibaldi, which had offered a can of Hamm's for an "I Voted" sticker (though the free buffet was apparently acceptable) - Drink Wisconsinbly, which had offered free Miller High Life pints

The legal controversy surrounding these voter incentives coincided with broader tensions regarding voting access in Wisconsin. Milwaukee Mayor Tom Barrett had announced plans to install more than a dozen secure drop boxes to facilitate absentee ballot submissions. This initiative was described as a response to a "full-scale attack on voting by mail," with particular reference to President Trump's opposition to mail-in voting.

Mayor Barrett emphasized the importance of making voting accessible during the COVID-19 pandemic, stating, "As hard as the president is working to make it less appealing for people to use absentee balloting, we are doing everything we can to be make it convenient for people because of the health reasons, because of COVID-19, because it's the right thing to do." These comments reflected the highly politicized environment surrounding voting rights and access during the 2016 election cycle.

The situation in Milwaukee raised questions about the balance between encouraging voter participation and complying with election laws. While the intent behind many of these promotions was seemingly nonpartisan and aimed at increasing civic engagement, the legal framework governing elections imposes strict limits on what can be offered to voters. The $1 threshold, while seemingly arbitrary, became a critical factor determining which promotions were permissible and which crossed legal boundaries.

For businesses that had planned these promotions as part of their Election Day marketing, the sudden withdrawal created logistical challenges. Some had already prepared special menus or ordered additional inventory based on the anticipated response to these offers. The abrupt change required quick adaptation, with some establishments offering alternative promotions that remained within legal limits.

The incident also sparked discussion about the effectiveness and appropriateness of using incentives to encourage voting. Proponents argued that such promotions represented a positive form of civic engagement, rewarding citizens for participating in the democratic process. Critics, however, raised concerns about potential coercion and the appearance of attempting to influence voting behavior through material incentives.

As Election Day approached, the message to Milwaukee voters became clear: while their "I Voted" stickers remained a point of pride and a symbol of civic duty, they would no longer serve as a universal ticket to free drinks and discounts. The legal clarification from the District Attorney's office effectively ended the wave of voter incentives that had briefly enlivened the local campaign season.

In the aftermath of this controversy, Milwaukee voters faced a choice between participating in the democratic process out of civic duty rather than material incentive. The incident highlighted the complex legal landscape surrounding election activities and the challenges businesses face when attempting to engage with politically themed promotions. While the specific offers of 2016 may not be repeated, the underlying tensions between encouraging voter participation and complying with election laws likely will continue to influence how businesses approach similar opportunities in future election cycles.

Conclusion

The 2016 Election Day freebies in Milwaukee represented a unique moment when local businesses attempted to encourage voter participation through material incentives. What began as a community-wide effort to reward civic engagement quickly evolved into a legal controversy when the Milwaukee County District Attorney's office clarified that offers exceeding $1 in value were illegal under election law. The resulting crackdown led numerous establishments to rescind their promotions, creating confusion and logistical challenges for both businesses and voters. This incident highlighted the complex intersection of election law, business promotion, and civic engagement, demonstrating how even well-intentioned efforts to encourage voting can run afoul of legal restrictions. As Milwaukee continues to navigate voting access and participation, the lessons from this episode remain relevant for businesses, voters, and election officials alike.

Sources

1. Acts of kindness at the polls: Groups offer voters free pizza, snacks on Election Day
2. Here's what you can get for FREE in Milwaukee with your "I Voted" sticker!
3. Milwaukee plans to install drop boxes to help protect absentee voting
4. "I Voted" Freebies Nixed after Crackdown from Milwaukee Co. DA's Office
5. No free drinks just for voters Tuesday after all