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Starbucks may rethink that free cuppa

Earlier today, ajc.com told you about all the freebies that local businesses were willing to give you for voting.

Starbucks and other shops plan to offer coffee. Krispy Kreme is hand out donuts with sprinkles. For Ben & Jerry’s, it’s a free scoop.

And if they actually do it, all may be felons.

The following note just crossed the desk:

Secretary of State Karen Handel reminds Georgia businesses and attractions offering ‘gifts’ for voting in tomorrow’s General Election that it is prohibited under Georgia law.

Georgia Code Section 21-2-570 states:

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.

Business 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.

We predict chaos at hundreds of counters tomorrow, when minimum wage workers are required to decide whether a “tall” order of coffee is worth a criminal record.

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Comments

By Jason

November 3, 2008 8:28 PM | Link to this

LOL. I am amazed all these restaurants went forward with this promotion and nobody thought it would be a good idea to see if it was actually LEGAL.

I wonder how many other states have this stupid law on their books.

By RJ

November 3, 2008 8:42 PM | Link to this

It is not a stupid law!

Being an American citizen requires knowledge of and engagement in the affairs of government, which includes voting. That is enough incentive.

By rukidding

November 3, 2008 8:50 PM | Link to this

The AJC continues to amaze, once again you are trashing Handle for following the law.

By Anony

November 3, 2008 8:56 PM | Link to this

That’s ridiculous! Why is it against the law to do reward people for their initiative?

By Anony

November 3, 2008 8:58 PM | Link to this

That’s ridiculous! Why is it against the law to do reward people for their initiative?

By Mike Schinkel

November 3, 2008 9:23 PM | Link to this

WOW. The Starbucks/Krispy Kreme/Ben & Jerry deal may be against the letter of those laws but it is SO TOTALLY not against the spirit of the law.

I hope like hell that Starbucks, Krispy Kreme, and Ben & Jerry big $$$ lawyers go forward with this and then do their best to make that partisan hack Karen Handel look like a fool in court if she presses it.

By RJ

November 3, 2008 9:37 PM | Link to this

By rukidding…You are reading something into this post that simply is not present. All it does is give exposure to Handel’s admonition about the law. There are many election laws that the average citizen is not aware of, e.g., do you know there is a longstanding rule here in Georgia that permits voters 65 and older to go to the front of lines waiting to vote? Elections officials do not advertise it but its there.

Handel earned rebukes for her partisan and ineffective approach to the State Elections chief portion of her job.

Channel 2 did a segment this evening that showed one person voting Absentee Ballots in both Georgia and Florida, as well as a number of other registered voters receiving Absentee Ballots who had already voted in other states. Handel has ignored the fraud issue in Absentee Ballot voting. Why? I suspect because Absentee Ballots usually favor Republicans. That is plain wrong.

By Josh

November 3, 2008 9:41 PM | Link to this

There’s a law in my home town against killing any living thing. Somebody call up this champion of the law, I know some people who’ve been criminally swatting flies for years.

By GAsux

November 3, 2008 9:42 PM | Link to this

This state is stuck in another world and the political hacks that run it should just quit…let the place run itself - nobody could tell a difference and no one have to listen to the sickening southern drawls and the self-grandizing BS

By kay

November 3, 2008 9:42 PM | Link to this

When is Handel up for re-election? I want her gone about as much as George W. She is a waste of space.

By SHS

November 3, 2008 9:44 PM | Link to this

I don’t think Starbucks requires any proof of voting such as a “Georgia Voter” or “I Voted” sticker to get a free cup of coffee tomorrow. Surely handing out free coffee on Election Day is not against the law.

By Michael

November 3, 2008 9:45 PM | Link to this

These are the same laws that close(d) liquor stores on election day. Made to prevent ward bosses from plying voters with booze and money to vote, presumably their way.

By bestref

November 3, 2008 9:46 PM | Link to this

All Karen Handel did was state what the law is. She was elected to enforce all the laws - good ones and bad ones. Do you want someone who only enforces the ones they agree with? If so why pass them in the first place?

By GAsux

November 3, 2008 9:48 PM | Link to this

This state is stuck in another world and the political hacks that run it should just quit…let the place run itself - nobody could tell a difference and no one have to listen to the sickening southern drawls and the self-grandizing BS

By kay "if I only had a brain"

November 3, 2008 9:51 PM | Link to this

kay,

Maybe you should run against Handel. Then, if elected, you can just pick out which laws you’d like to enforce and ignore the ones you and your friends don’t like.

That’d be great hon.

By GoHome

November 3, 2008 9:54 PM | Link to this

He GAsux, the Greyhound bus leaves every hour. Do you need money for a ticket?

By Delta's Ready

November 3, 2008 9:59 PM | Link to this

GAsux… Delta’s big merger just got approved so they go even more places than before! Pack your bags and get out if GA sux so bad!!

By rptrcub

November 3, 2008 10:03 PM | Link to this

Well, it’s nice to know about the law, but I think law enforcement’s time would be better spent actually, I dunno, solving real crimes like burglary, robbery and murder.

By OBAMA BInlaDEN '08

November 3, 2008 10:05 PM | Link to this

If you voted for Barack Obama, you will burn in Hell, anyway.

In light of that, what does a free doughnut matter?

By coffe me

November 3, 2008 10:07 PM | Link to this

this is totally funny. what are you in for? coffee man. What it’s 5 years minauim.

By harold

November 3, 2008 10:07 PM | Link to this

Could the “I have voted” sticker not be construed as a gift for voting? Handel better have herself arrested!!

By GAsux

November 3, 2008 10:10 PM | Link to this

Sorry folks cant afford a flight, lost all my money when DAL cancelled their common shares…more syrupy accents that spend too much time thinking those steamy SEC loins and less on running their business

By laidback and lucky

November 3, 2008 10:11 PM | Link to this

You mean I have to give back the pack of Kools and the can of malt liquior that the Obama election headquarters was giving out.

By coffe me

November 3, 2008 10:11 PM | Link to this

this is totally funny. what are you in for? coffee man. What it’s 5 years minauim.

By Starbux Girl

November 3, 2008 10:20 PM | Link to this

Im sorry but working at starbucks in TX, we are not asking for any proof. All you have to do is order a tall coffee and we say “its on the house for election day.” I dont see how thats against the law. Still think its a STUPID LAW

By You can promise tax breaks...

November 3, 2008 10:43 PM | Link to this

but heaven forbid a third party give a donut……I’d like to see a jury convict Krispy Kreme for giving out donuts to those that said they voted….

By Lauren

November 3, 2008 10:45 PM | Link to this

I have got to believe the big wig lawyers at Starbucks, Ben&Jerry’s etc looked at the legal perspective before offering this incentive. They can in fact get around the law since they are not asking for “proof” of the vote. If you actually check the websites, it is for all people who stop into the shop. There is no proof of voting required. They were not stupid, they are just attracting more foot traffic. There is no exchange of goods or services, they are simply “giving”. This won’t go to court. But it’s a pretty cool way for some big corporations to get involved at a small level and get the word out that it is important to vote. The intent of a marketing tool like this is to create “buzz” (not necessarily the caffeinated kind). And getting people to talk about their companies is exactly what they have accomplished. Those are some pretty slick marketing and legal teams those companies have in place.

By Andrew

November 3, 2008 10:55 PM | Link to this

LAidback and lucky: Dang it, you got a whole pack of Kools and malt liquor for voting for Obama? And all I got from McCain’s camp was a lousy, gee, well… I guess nothing.

Get serious man. Those lame stereotypes are a little played out.

By people_watcher

November 3, 2008 11:47 PM | Link to this

Anyone who doesn’t take a minute on election day to silently thank all those who have literally laid down their life for our freedom to vote does not have good perspective of how fragile this freedom is. Balance the sober side of what we are doing with the party side.

By dr soul

November 4, 2008 12:00 AM | Link to this

Handel is just another one of those snippy little ‘powermongers’ who kissed her way in to a little fame… yes, look closely at the intent of Starbucks, KK and whomever… as one who believes in the law, this is not ‘intended’ as a bribe but more of a reward for ‘expressing citizenship’…some of you whiners can pay for yours.. you have to remember that being in power is all Handel is interested in, not accomplishment… too narcisstic..!!!

By freecoffee

November 4, 2008 12:02 AM | Link to this

Damn! I was hoping to get 3 cups of free coffee!

By Floridian in Marietta

November 4, 2008 2:50 AM | Link to this

Zoo Atlanta is offerring 1/2 off to GA Voters and their families. Guess I will just print this and bring it in, lol.

By bashmentyard

November 4, 2008 3:18 AM | Link to this

lol, as long as i get my coffee and donut, take them to jail

By Michael

November 4, 2008 4:37 AM | Link to this

Its amazing this is against the law but our worthless law makers accept money, gifts, trips & freebies ALL the time & they say thats ok!!

By Michael

November 4, 2008 4:42 AM | Link to this

Its amazing this is against the law but our worthless law makers accept money, gifts, trips & freebies ALL the time & they say thats ok!!

By JJ

November 4, 2008 4:49 AM | Link to this

I strongly disagree with Ms. Handel’s interpretation of this statute. How far do you take this? (i.e. prosecuting people at polling centers who hand out “I voted” stickers as well). This would fit under her overly legalistic interpretation as a gift for voting. Instead of worrying about voter freebies of nominal value (under $3) under an honor system that are not encouraging votes for a particular candidate, maybe she should focus on her mission she states on the SOS website: “Secretary Handel is increasing her commitment to transparency, ethics and responsible stewardship of taxpayer dollars…” As a responsible steward, she should be focusing 100% of her resources to ensuring that voting at the polling places takes place efficiently and in a fraud free manner rather than worrying about free cups of coffee.

By lisa

November 4, 2008 5:10 AM | Link to this

Boo-Hoo, I don’t know what you people are crying about, at least you have a Starbucks etc. us here hillbilly of Southern Indiana have to get our coffe and donuts from the local gas station and forget Ben & Jerry’s they only carry Bunny Blue LOL lighten up people there are worse things then this.

By EZ Workaround

November 4, 2008 6:03 AM | Link to this

Just change the promotion from “free product for voters” to “free product to anyone who touched a Diebold touch screen in the past 30 days.” Then it’s legal.

By Handel This

November 4, 2008 6:14 AM | Link to this

Wow. OK…read the law. So, when you vote, and that person gives you the free “gift” of the peach sticker accessory that clearly rewards you for voting (non voters don’t get ‘em), both the person giving the sticker and you, the recipient of the sticker, are guilty of a felony! Read the law above…I’m right!

Say, don’t those stickers originate from Secretary of State’s office? So that would mean Ms. Handel herself is guilty of participating in a few million felonies at this point! Lock her up!

By Who Cares?

November 4, 2008 6:59 AM | Link to this

Well, my employer will pay its employees for two hours for the purpose of voting. Guess they’ll need to leave the state of Georgia if they don’t want to get in trouble with the guh-mint. Get used to it, cause if the Messiah gets in, there’ll only be more guh-mint intervention with useless little petty laws like this that really don’y make too much sense. Of course, maybe the retailers learned this practice from ACORN, who’s exempt from any legal liabilities. Now, go vote and BUY your coffee.

By rukidding

November 4, 2008 7:32 AM | Link to this

RJ, If you watched the piece on WSB you would have seen that Handel will go after folks who voted in two states. You also would have learned that there is no national system to track registered voters, it is actually up to the voter to show integrity.

State law requires that employers give people 2 hours off to vote.

By Devil's Advocate

November 4, 2008 9:01 AM | Link to this

Just to play devil’s advocate here [cringing in anticipation] … aren’t we supposed to vote because we want to and know something about the candidates? Setting aside “buying” votes with gifts, I suspect a fair number of people might step into the voting booth without much deliberation just to get a freebie, even if it’s just a cup of coffee or doughnut. Thoughts?

By Researcher

November 4, 2008 9:02 AM | Link to this

In California Starbucks is offering a free cup to anyone who asks whether they voted or not, so they can comply with election law. They should do that here, too.

By Devil's Advocate

November 4, 2008 9:05 AM | Link to this

Just to play devil’s advocate here [cringing in anticipation] … aren’t we supposed to vote because we want to and know something about the candidates? Setting aside “buying” votes with gifts, I suspect a fair number of people might step into the voting booth without much deliberation just to get a freebie, even if it’s just a cup of coffee or doughnut. Thoughts?

By Sara

November 4, 2008 9:08 AM | Link to this

What ASSHAT wrote that law?

By baybdoll

November 4, 2008 9:11 AM | Link to this

I see no problem with these freebies. The companies are not asking you to vote for a specific person, they are offering it free after you vote, so what’s the problem with that? it’s not free before you vote or if you vote for a certain person, but it’s after you’ve voted! Georgia, stop trying to run your power over everything that isn’t to your liking. Let there be freebies and let there be extended voting hours, because we already know that there will be some sort of problems today with the machines or something. It never fails doing a presidential elections here in Georgia!

By baybdoll

November 4, 2008 9:14 AM | Link to this

I see no problem with these freebies. The companies are not asking you to vote for a specific person, they are offering it free after you vote, so what’s the problem with that? it’s not free before you vote or if you vote for a certain person, but it’s after you’ve voted! Georgia, stop trying to run your power over everything that isn’t to your liking. Let there be freebies and let there be extended voting hours, because we already know that there will be some sort of problems today with the machines or something. It never fails doing a presidential elections here in Georgia!

By ek

November 4, 2008 9:17 AM | Link to this

Devil’s Advocate,

If somebody is willing to wait in a 4+ hour voting line to then go wait in a long Starbucks line all for the purpose of getting a free cup of coffee, then that person has lost their dang mind. Especially since Starbucks is requiring no proof of having actually voted.

By Victorious 1

November 4, 2008 9:17 AM | Link to this

You so-called “conservatives” are so transparent. Karen (Perdue) Handel - whether you like her or not - already enforces some statutes more aggressively than she does others. Every state has antiquated laws on the books - seems like it was once illegal to wink in public in Georgia (something about soliciting prostitution) - that law enforcement and prosecutors habitually ignore in order to focus their resources on higher priorities. It’s obvious she knows that higher turnout favors Obama, so it’s just like her to chime in on election eve with some ditzy comment about felony coffee and doughnuts. Anything to get a few of these first-time voters to stay home. This is a thinly veiled tactic - no better than the flyers we’ve been seeing that try and convince people that Democrats are to vote on Wednesday or that traffic offenders could face arrest at the polls. Sorry, Karen, but this election is so over. You and your daddy are next…

By biggsteve

November 4, 2008 9:27 AM | Link to this

question—are there any porta-potties there? coffee goes right thru me. would i lose my place in line? if so, i might just go home without voting.

By Devil's Advocate

November 4, 2008 9:32 AM | Link to this

True, true - waiting in long voting lines to get a free cup of coffee doesn’t make a lot of sense to me, either. There’s probably not much risk in these offers today. However, to go to the principle, people will go out of their way for freebies, so perhaps the law prohibiting gifts-for-voting deals (and the prohibition would apply more significantly to larger gifts) is meant in part to deter uninformed voting just for the reward?

By Robert

November 4, 2008 9:40 AM | Link to this

I wish people would check the facts before they comment, really. This isn’t just a Georgia law. It is apparently on the books in many states.

Check your hate!

By Cdn

November 4, 2008 9:45 AM | Link to this

Starbucks ad clearly states VOID WHERE PROHIBITED BY LAW. I’m sure they thought it through before making the offer. A company as big as Starbucks isn’t that stupid.

By Cdn

November 4, 2008 9:46 AM | Link to this

Starbucks ad clearly states VOID WHERE PROHIBITED BY LAW. I’m sure they thought it through before making the offer. A company as big as Starbucks isn’t that stupid.

By jbean1

November 4, 2008 2:19 PM | Link to this

I can see this being illegal if they were trying to influence your vote, but just influencing you TO vote? Nope. Dumb.

I’d probably be more upset about it if I actually drank coffee.

By MyTwoCents

November 4, 2008 2:45 PM | Link to this

Considering as of yet it is not legal to punish people for not participating in electing of officials, it should be made legal to give incentive to be a part of the process. Not everyone is high minded to think of the good of the mass compared to their comfortable couch at home home and so anything that will make someone get up and go vote has got to be good. Even if it is funded by a party or a business. The limitation should be that they not reward you for whom you voted for, or try to bribe your vote. Just to encourage voting as a principle.

By CRE

November 4, 2008 5:40 PM | Link to this

It is small minds like this that make people lose hope and creativity in this crazy world. Starbucks should give free coffee to people who “support the right to vote”. Just wording it differently would have avoided the issue. What harm would it have done to get a free cup of coffee? Would have put a smile on my face…

By Mahni

November 4, 2008 9:12 PM | Link to this

This law is NOT special to Georgia, or the US for that matter. Yet another reason civics needs to be put back in the schools.

By L. Gray

November 5, 2008 12:27 AM | Link to this

Please correct your reports that Obama is our first black president. He is our first bi-racial president.

Thank you.

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