The Legal Tightrope Of Election Day Freebies What Businesses Can And Cannot Offer

Election Day has evolved into more than just a day for civic duty—it has become an opportunity for businesses to engage with customers through promotions and freebies. Every four years, millions of Americans flash their "I Voted" stickers to receive everything from free doughnuts and coffee to discounted rides and retail offers. This tradition has become so entrenched in American culture that many businesses consider it a standard part of their Election Day marketing. However, beneath the surface of these seemingly harmless promotions lies a complex legal landscape that businesses must navigate carefully to avoid potential violations of federal election laws.

Federal Election Laws and Their Application to Business Promotions

At the heart of the issue is a federal statute that prohibits offering anything of value in exchange for voting. According to 18 U.S.C. § 597, it is illegal for any person to "make or offer to make an expenditure to any person, either to vote or withhold his vote" in any election where a federal candidate appears on the ballot. This law was designed to prevent vote-buying and ensure that electoral decisions are made based on civic responsibility rather than external incentives.

Jonathan Brater, counsel for New York University Law School's Brennan Center Democracy Program, clarifies that "federal law prohibits individuals or companies from providing any pecuniary goods or services in exchange for voting." This creates a legal quandary for businesses that wish to celebrate voter participation without running afoul of election laws.

The consequences for violating this statute can be significant, including potential fines and even imprisonment. In practice, however, election law experts note that prosecution of well-intentioned business promotions is highly unlikely, with the Department of Justice typically focusing on more egregious cases of election interference rather than small-scale business incentives.

The 2024 Election Day Freebies Landscape

During the 2024 presidential election cycle, numerous businesses across various sectors offered promotions tied to Election Day. These offers ranged from food and beverage items to transportation services and retail discounts, reflecting the broad appeal of these promotions to different consumer segments.

Some of the most highly publicized deals included:

• Krispy Kreme's offer of a free original glazed doughnut
• Jose Andres' pledge to provide free tacos to voters at his Washington D.C. eatery Oyamel
• Uber and Lyft providing discounted rides to polling places
• Johnny Rockets offering free milkshakes with in-store purchases to voters
• Round Table Pizza providing $6 off large or extra-large pizzas
• IKEA offering free frozen yogurt

These promotions were part of a larger trend of business engagement with the electoral process. Reports indicate that over 2,000 companies participated in the "Time to Vote" initiative, which aimed to ensure employees could vote with their work schedules, demonstrating the widespread recognition of Election Day as an important cultural moment.

Strategies for Legal Compliance

In response to legal concerns, many businesses implemented strategies to ensure their promotions complied with federal election laws. The most common approach was to modify offers to make them available to everyone, regardless of voting status.

The Field Museum in Chicago initially planned to offer free admission only to those who showed an "I Voted" sticker. After learning about potential legal issues, the museum adjusted its offer to provide free admission to all Illinois residents, irrespective of their voting participation.

Transportation companies like Uber and Lyft took a different approach, explicitly stating in their promotions that they were not conditioned on voting. Uber's offer of 50% off trips to polling places (up to $10) came with the clarification that it was "not intended to induce, nor is it conditioned on, the act of voting, refraining from voting or voting for or against any particular candidate, political party or measure." The company also integrated polling place location functionality into its app to facilitate voter access without tying the discount directly to the act of voting.

Krispy Kreme implemented a dual approach, offering free doughnuts to all customers while separately distributing "I Voted" stickers to people who had already voted early or by mail. This strategy allowed the business to participate in the voter celebration tradition without conditioning the freebie on proof of voting.

Consumer Considerations When Claiming Election Day Freebies

For consumers interested in taking advantage of Election Day promotions, several factors should be considered:

1. Proof of voting requirements: Some promotions require an "I Voted" sticker as proof, while others are available to all customers. Always check the specific terms of each offer before assuming eligibility.

2. Legal distinctions: While businesses may claim their promotions are legal, election law experts disagree on this point. Consumers should understand that technically, voter-specific offers may violate federal election laws, even if enforcement is unlikely.

3. Potential for last-minute changes: Some businesses modify their promotions after receiving legal counsel, so terms may change between announcement and Election Day. It's wise to check with the business directly on the day of the election.

4. Universal offers present no legal concerns: Promotions available to all customers, like Krispy Kreme's free doughnuts in 2024, carry no legal risks and can be enjoyed without reservation.

5. Intent matters: Many of these promotions are designed to encourage civic participation rather than influence voting behavior. Consumers can appreciate this intent while remaining aware of the legal complexities.

Historical Context and Evolution of Election Day Promotions

The practice of offering Election Day freebies predates the 2024 election by many years. As early as 2012, businesses were engaging in this tradition, prompting legal questions from owners concerned about compliance.

A 2012 Roll Call column addressed a coffee shop owner's concern about offering free cookies to customers with "I Voted" stickers, noting that such promotions could technically violate federal laws punishable by up to five years in jail. Despite these warnings, the practice has continued to grow, with more businesses participating each election cycle.

This progression suggests either a lack of awareness about the legal risks or a calculated decision that the benefits of participation—customer goodwill, positive publicity, and increased foot traffic—outweigh the minimal legal jeopardy. The persistence of these promotions indicates that they have become an expected part of the Election Day experience for many consumers.

Industry-Specific Approaches to Election Day Promotions

Different industries have developed their own approaches to Election Day promotions, reflecting their unique customer relationships and business models.

Food and Beverage Industry

Food establishments have been particularly active in offering Election Day promotions, likely because they can provide small, low-cost items as incentives while driving foot traffic. Doughnut chains like Krispy Kreme have become especially well-known for their Election Day offers, with the free original glazed doughnut becoming something of a tradition.

Restaurants like Johnny Rockets have offered free items with purchase, creating a perceived value while maintaining a baseline transaction. Other establishments, such as Round Table Pizza, have provided discounts on larger purchases, appealing to families and groups.

Transportation Services

Ride-sharing companies Uber and Lyft have positioned themselves as facilitators of civic participation by offering discounted or free rides to polling places. This approach aligns with their corporate social responsibility initiatives while promoting their services to potentially new users.

These companies have been careful to frame their offers as transportation assistance rather than voting incentives, often emphasizing their nonpartisan nature and commitment to ensuring all voters can access polling locations.

Retail and Entertainment

Retailers and entertainment venues have also joined the Election Day promotion trend, though often with modifications to ensure legal compliance. The Field Museum's decision to extend its free admission offer to all Illinois residents rather than just voters exemplifies this approach.

Other businesses have offered general discounts or special promotions that coincide with Election Day without explicitly tying them to voting participation, allowing them to benefit from the increased foot traffic without running afoul of election laws.

The Future of Election Day Promotions

As the tradition of Election Day freebies continues to evolve, several trends may shape its future development:

1. Increased legal clarity: Businesses may seek more definitive guidance from election authorities or legal experts to ensure their promotions comply with all applicable laws.

2. Universal offers as the standard: More businesses may opt for promotions available to all customers rather than voter-specific ones to eliminate legal concerns while still participating in the tradition.

3. Enhanced transparency in messaging: Companies may become more explicit about the non-voter-specific nature of their promotions and their intentions to celebrate civic engagement.

4. Partnerships with nonpartisan organizations: Businesses might collaborate with nonpartisan voter education groups to frame their promotions as celebrations of democracy rather than incentives.

5. Geographic variations in approach: Legal interpretations and enforcement may vary by state and locality, leading to different approaches across the country based on local election laws and enforcement priorities.

Balancing Civic Celebration and Legal Compliance

For businesses, the challenge lies in balancing the desire to participate in a popular tradition with the need to comply with federal election laws. Some have argued that these promotions are simply celebrations of civic duty rather than attempts to influence voting behavior, and that the intent behind the offer should matter more than the technical compliance with the statute.

Others have suggested that the law should be updated to clarify the legality of these well-intentioned promotions, distinguishing them from genuine vote-buying attempts. Until such changes occur, businesses must continue to navigate this legal landscape carefully, potentially by offering universal promotions or by structuring their voter-specific incentives in ways that minimize legal risk.

For consumers, Election Day freebies remain an enjoyable perk of participating in the democratic process. While understanding the legal complexities adds an interesting layer to these promotions, most consumers will likely continue to view them as harmless celebrations of civic engagement rather than problematic incentives.

Conclusion

Election Day freebies have become a beloved American tradition, offering voters small rewards for participating in the democratic process. However, these promotions exist in a legal gray area under federal election laws that prohibit offering anything of value in exchange for voting. While businesses have developed various strategies to comply with these laws—including making offers available to all customers and explicitly stating that promotions aren't conditioned on voting—the fundamental legal questions remain.

For consumers, these promotions present an opportunity to enjoy free treats and discounts while exercising their civic duty. However, it's important to understand the legal complexities involved and to recognize that technically, offers conditioned on showing an "I Voted" sticker may violate federal law.

As this tradition continues, it may evolve toward more universally available promotions that celebrate civic engagement without running afoul of election laws. Until then, both businesses and consumers must navigate this unique intersection of commerce and democracy with awareness of the legal considerations involved.

Sources

1. Fox News - Are restaurants breaking the law by offering free food to voters
2. WMAR2 News - Uber, Lyft among companies to offer Election Day freebies but are they legal
3. CBS Los Angeles - Many businesses offer voters Election Day freebies but are they legal
4. ABC7NY - Freebies Election Day include Uber, Lyft rides, Krispy Kreme doughnuts more
5. NJ.com - Election Day 2024 deals how to get deals and free food from Krispy Kreme Johnny Rockets more
6. KSAT - Here's where you can score Election Day freebies discounts
7. McGuire Woods - A question of ethics are I voted promotions illegal