October 17, 2008
Is Ben and Jerry's Inadvertently Breaking Federal Law?
Ben and Jerry's is giving free ice cream for turnout. The problem is that paying for turnout---even in a civic minded gesture such as this one---is illegal in elections in which federal candidates are on the ballot. I've written extensively about the issue. The only out I see for the ice cream company is that one need not prove one voted; it is enough to say "I voted."
But if I were Ben and Jerry's lawyer, I'd tell them to shut this down.