Trouble brews for voter freebies

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 today to people who show up with “I’m a Georgia voter” stickers 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 the 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 a recent 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.

Staff writer Christian Boone contributed to this report.