Los Angeles, CA asked in Election Law for California

Q: What's the legal risk of offering a reward (like a free coffee) for people who have an 'I Voted' sticker?

Which government department can sue us for example?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Offering a reward, like a free coffee, to someone wearing an "I Voted" sticker can pose legal risks under California and federal election laws. This practice could be seen as a form of inducement to vote, which may violate laws that prohibit offering any consideration, monetary or otherwise, in exchange for voting or refraining from voting. Even if the reward isn’t tied to voting for a specific candidate or measure, it could still be perceived as an improper influence on the voting process.

The key legal issue is whether the reward is seen as an incentive for voting, which is illegal. California law and federal law both make it a crime to offer money or other valuable rewards for voting, whether or not it’s specified whom to vote for. While it may seem like a harmless promotion, such actions could lead to investigations or penalties.

Government departments that might take action include the California Secretary of State’s Office or the Department of Justice, depending on whether state or federal laws are implicated. To avoid legal complications, it's essential to consult with legal professionals to ensure compliance with all relevant election laws.

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