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In response to
"I'm so going to Shane's Rib Shack then! -- nm"
by
Qale
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Wait! Such actions may be illegal.
Posted by
Qale (aka Qale)
Nov 3 '08, 19:54
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Businesses such as Starbucks and Krispy Kreme that plan to reward metro Atlanta voters with small perks like a free cup of coffee or doughnut on Election Day may be running afoul of Georgia law.
According to the Secretary of State�s office, rewards and discounts being offered to people who show up with �I�m a Georgia voter� stickers Tuesday are illegal, and in fact may constitute a felony under state statutes.
Voters who accept such freebies might also be committing a crime.
Zaya, a Mediterranean restaurant in Inman Park, was informed of their potential crime by a representative of the Secretary of State�s office early Monday evening, said executive chef Scott Majure.
�Obviously we had no idea,� said Majure, whose restaurant had planned to offer stickered voters half off all menu items under $15. �We agreed, this was like a spitting on the sidewalk offense, but it�s illegal and we�ve canceled the promotion.�
Secretary of State Karen Handel�s office released a statement Monday to reiterate the law to businesses planning giveaways. It quotes Georgia Code Section 21-2-570, which says: �Any person who gives or receives, or offers to give or receive, or participates in the giving or receiving of money or gifts for the purpose of registering as a voter, voting, or voting for a particular candidate in any primary or election shall be guilty of a felony.�
It adds: �Businesses are free to offer �Election Day� specials or sales for all of its customers but gifts, incentives or specials just for voters is prohibited under this provision.�
Dawn Jones, an Atlanta lawyer working with the Georgia Election Protection Coalition, agreed that under the law, such �gifts� to voters are prohibited.
She cited recent a voter registration promotion by an area radio station offering entry to a nightclub to listeners who registered to vote. The much-hyped promotion had to be canceled after the Secretary of State�s office alerted the station to the law, Jones said.
Many of the Election Day promotions being offered in Georgia are also offered nationwide. Shane�s Rib Shack, which has establishments throughout the Southeast and Arizona, informed its franchisers of the legal quandary last Friday, said David Carter, owner of Shane�s at Perimeter Center and in Smyrna.
�It seems silly to me,� Carter said of the law. Shane�s is now offering a �Celebrate America� meal to the first 300 customers � regardless of whether they voted � at participating locations.
�We just wanted to reward people for voting,� Carter said.
Starbucks referred questions about its voter gifts to its corporate offices, which were closed. Krispy Kreme could not be reached on Monday night.
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