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re: Individual State Election Odds via 5dimes

Posted on 6/3/20 at 3:02 pm to
Posted by PrattvilleTiger
Prattville Al
Member since May 2020
1782 posts
Posted on 6/3/20 at 3:02 pm to
I'm offering my 4 employees a bonus if they vote for Trump. 3 of them are going to. The other has never voted and doesn't give a Frick. Me doing something like that isn't illegal, is it?
I'm anonymous on here, that's why I'm asking.
Posted by jb4
Member since Apr 2013
12717 posts
Posted on 6/3/20 at 3:12 pm to
Illegal for trump legal for Biden
Posted by buckeye_vol
Member since Jul 2014
35251 posts
Posted on 6/3/20 at 3:49 pm to
quote:

I'm offering my 4 employees a bonus if they vote for Trump. 3 of them are going to. The other has never voted and doesn't give a Frick. Me doing something like that isn't illegal, is it?
I'm anonymous on here, that's why I'm asking.
I couldn't find a specific example, but this sure would seem to fall under bribery/fraud both federally:

18 U.S. Code §?597.Expenditures to influence voting
quote:

Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and

Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote—

Shall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.
And in Louisiana (assuming that's where you are):

TITLE 18 Louisiana election code :: RS 18:1461 Bribery of voters
quote:

A. No person shall knowingly, willfully, or intentionally:
(4) Offer, promise, solicit, or accept money or anything of present or prospective value to secure or influence a vote or registration of a person.
And I can't think of a harder way to hide a paper trail than through a payroll contribution, and if you offer it under the table, then you're violating some other laws instead.

In addition, since Citizens United, employers appear to have a lot of leeway in their expression of political speech, with the ability to say who/what the company supports and why they support it (i.e., implications for employees).

But actually paying employees to vote for a specific candidate seems likely to be illegal, definitely unethical, and likely has little/no impact on the election since you're probably paying employees to do what they already were planning on doing, and especially in a non-competitive state anyone who voted otherwise would likely have little impact in swinging the election. Not to mention, if that is illegal, then the employees who accepted it likely broke the law, and since you would be the bigger fish, they would be more likely plea deal candidates to catch the bigger fish.

And I would be concerned with the employee who doesn’t accept it if he truly doesn’t care who wins since it makes little sense to not vote given it’s little effort for extra pay, it pleases the boss, and minimizes any social ostracism from you and the other employee who obviously care more about it.

That is, UNLESS he knows it’s wrong/illegal and/or if he doesn’t know may find out if the relationship sours (or you terminate him). That would seem to put you in a precarious situation, and frankly, I don’t think it’s very fair to him either.

Edit: I see from your profile that you appear to be in Alabama. They have a similar law as Louisiana (and federal), although there are a few different statues that could be applicable:

Chapter 17 - ELECTION OFFENSES
quote:

It shall be unlawful for any person to pay or offer to pay, or for any person to accept such payment, either to vote or withhold his or her vote, or to vote for or against any candidate. Any person who violates this section shall be guilty, upon conviction, of a Class C misdemeanor.
quote:

Any person who, by bribery or offering to bribe, or by any other corrupt means, attempts to influence any elector in giving his or her vote, deter the elector from giving the same, or disturb or hinder the elector in the free exercise of the right of suffrage, at any election, shall be guilty, upon conviction, of a Class C misdemeanor.
quote:

Any person who buys or offers to buy any vote of any qualified elector at any election by the payment of money or the promise to pay the same at any future time, or by the gift of intoxicating liquors or other thing of value, shall be guilty, upon conviction, of a Class C misdemeanor.
This post was edited on 6/3/20 at 4:40 pm
Posted by buckeye_vol
Member since Jul 2014
35251 posts
Posted on 6/3/20 at 4:27 pm to
Also, while you are a small business, imagine if Amazon, Wal-Mart, Apple, etc., did the same thing with hundreds of thousands of employees across states. I'm sure Trump supporters would be calling for Bezos to be prosecuted if he offered a pay bonus for voting for Biden for all Amazon, WaPo, etc. employees. And they could go even further and say I'm going to invest and buy X amount of shares in companies' X, Y, Z stock for every employee who votes for Biden (or sell if they vote for Trump in companies they are invested in) and choose companies with more employees in the most competitive states.

I mean between Bezos (who Trump feuds with), Buffett (D-leaning), Gates (D-leaning), Zuckerberg (silicon valley), Walton family (supported Clinton), and Charles Koch (pretty anti-Trump libertarian), that is over a half a trillion in wealth and in positions (or past positions) to exerted quite a bit of monetary incentives over a lot of employees.

So imagine if they all teamed up and offered a few thousand dollars for any employee who voted for Biden. That could easily be millions of voters.
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