Is Starbucks Election Offer Legal?
Starbucks didn’t return NEWSWEEK’s phone call on Monday, but the message came through loud and clear via Twitter late last night: Oops.
“IMPORTANT: To ensure that we are in compliance with election law, we are extending our offer to all customers who request a tall brewed drip.”
Remember that nice, civic-minded advertisement that debuted Saturday night during “Saturday Night Live” and shot to viral fame on YouTube. The one where you get free coffee for telling your chipper barista that you just voted? Well, the offer may not be exactly legal.
Election laws prevent individuals and organizations from offering monetary incentives to get people to the polls, keeping partisan hacks from bribing potential voters likely to swing their way. Unfortunately for national chains like Starbucks, Krispy Kreme, Ben & Jerry’s and
Babeland–yes, that Babeland–the definition of “monetary incentive” also includes offers of free stuff like coffee, donuts, ice cream, and, um, a certain sleeve-like contraption called “The Maverick.”
Would anyone actually pursue legal action against such altruistic institutions? Probably not. According to D.C.-based election law expert Kenneth Gross, the offers were neither partisan nor overly generous nor particularly concerned with verifying that customers actually cast votes, all of which makes the undertaking pretty benign in the legal scheme of things. “With or without a tall cup of coffee, I doubt any prosecutor will lose any sleep over this,” he said.
Still, just to be on the safe side, the companies have backtracked; free stuff will now be on offer for everyone, whether or not they cast their ballots. Ain’t democracy grand? Perhaps, although Gross has a more sobering take on the situation. “If everyone takes these companies up on their giveaways, I hope the next president has a heck of a health plan to offer the American people.”
So much for setting a good civic example by encouraging people to go vote. I understand why it can be construde as illegal, but still… a cup of coffee? That’s hardly enough of a reason to get your panties up in a ruffle. And really what’s keeping the non-voting hacks from just saying they voted?
Afterall they aren’t voting, so how much more immoral can you get. (Okay that’s a little over the top, but let’s see how much hate mail we get for that statement.)
All in all, I commend Starbucks and Ben and Jerry’s and all the other chains that are trying to get the American people out to vote. Because honestly there are plenty of people in the world that can’t vote that would love to.
GET OUT AND VOTE PEOPLE!
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