State says voter freebies against the law

Several businesses caught Election ‘08 Fever and offered free items as bonuses to customers who did patriotic duty.

But state officials ruled that giving free items to folks who voted — no matter the altruism involved — is illegal, causing confusion at some metro Atlanta locations and prompting companies to rethink and expand such offers.

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Jason Getz/jgetz@ajc.com

Jackie Tyson (left) and Helen Talley-McRae, both of DeKalb County walk out of a downtown Starbucks with their coffee and voter stickers.

• Free coffee, doughnuts and more on Election Day

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Free coffee to customers with “I voted” stickers was a popular promotion. People waited in line at the polls Tuesday and then queued up 15 deep to land a free coffee at the Starbucks in Little Five Points.

Leigh Layton waited more than two hours to vote in East Atlanta before coming in for her free tall coffee, $1.65 on normal days.

“It’s a great thing, it piggybacks on the momentum of this election,” said Layton, sporting a peach voting sticker on her blouse. “It’s a great way to get everyone together.”

But there seemed to be confusion among various Starbucks stores. At Little Five Points, an employee said it was just for customers with voting stickers. Starbucks employees said they were not allowed to speak to the media and did not want their names used.

At the Merchandise Mart Starbucks, an employee said free coffee was for voters, “But we’ll trust you” if there’s no sticker. And at the Equitable Building location, an employee said, “It’s illegal, so it’s turned into customer appreciation day. Everyone who comes in gets a cup for free.”

Businesses like Starbucks, Ben and Jerry’s, Krispy Kreme and even Zoo Atlanta had offered freebies or half-priced items to those sporting “I voted” stickers. But after learning such rewards were deemed illegal, many expanded their election-day largesse to anyone who walked in the door.

“Businesses are free to offer election day sales to all its customers; but special offers just for voters is prohibited,” said Matt Carrothers, spokesman for the Georgia Secretary of State’s office.

The office released a statement quoting Georgia Code: “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.”

Zoo Atlanta originally offered a 50 percent discount on admission Tuesday to anyone who voted. On Tuesday morning, they expanded the discount to everyone.

“When we heard [of the law] we immediately changed it to be in compliance,” said Marcus Margerum, vice president of marketing and sales.

The offer, coupled with pleasant weather and schools being off, was a hit. A normal Tuesday sees 800 people at the zoo, but by 12:30 p.m. about 2,000 people had walked through the gates.

Goolsby Mortuary was not offering funeral specials, but the Atlanta funeral home was giving free rides to and from the polls using a limo, an SUV and a PT Cruiser.

“We just want to give back to the community,” said co-owner Marie Goolsby, who also oversaw a registration campaign.

Mitzi & Romano, a clothing accessories shop in the Virginia Highland area, was offering 20 percent off to everyone and was seeing business increase, said manager Sarah Phames.

At the Krispy Kreme on Ponce de Leon Avenue in Atlanta, voters were being given free star-shaped doughnuts with red, white and blue sprinkles. Manager Sylvia Staton had not heard of the Georgia law banning such giveaways and said the free doughnuts were being given out at the direction of the corporate office.

“That’s what they told me to do, and that’s what I’m going to do,” she said.

Company spokesman Brian K. Little said any person who mentions the “Hot Vote Now” promotion will receive that free star-shaped doughnut regardless of their voting status.

Mike Cumbermack, leaving a Starbucks with a free coffee (he also bought a danish), rolled his eyes at the state law.

“Sometimes we get a bit nit-picky,” he said. “I mean, come on. Let’s relax a bit.”

Staff writers Mike Morris, Laura Diamond and Alexis Stevens contributed to this report.