Is it legal to give voters snacks or water as they wait in line in Missouri & Kansas?
Early voting is well underway in Missouri and Kansas, with some voting lines stretching for blocks. Hours of waiting, much of it outdoors, can leave voters hungry, thirsty and frustrated.
To counteract this fatigue, some organizations turn to the practice known as line warming. The term doesn’t just refer to literally warming up voters with hot beverages, hats and scarves as they wait in the cold: It was popularized in 2020 to refer to any acts intended to make voters more comfortable as they wait in long lines.
Whole nonprofits have popped up in recent years around the concept — one, called Pizza to the Polls, deploys food trucks and pizza deliveries to long lines that anyone can report through the organization’s website. Pizza to the Polls served up slices in Blue Springs on Monday as early voting lines stretched for hours.
But some find line warming a controversial practice that veers too close to election interference. A Georgia law made headlines in 2022 for banning any type of “money or gifts, including, but not limited to, food and drink, to an elector” waiting in line to vote. Critics pointed out that an act as small as giving a voter a bottle of water in sweltering heat would violate the ban.
While that law has been partially overturned, other states also restrict the practice. Florida, Arkansas and Montana also have line warming bans in place, and a longstanding ban in New York dating back to 1906 was struck down in federal court just this past summer.
Is it legal to give voters food as they wait in line to vote in Missouri or Kansas?
Neither Missouri nor Kansas explicitly allow or prohibit non-partisan line warming activities. However, there are some restrictions to keep in mind if you’re planning to bring water, pizza, snacks or other items to the polls.
In Missouri, it’s a class three election offense to offer “any money or valuable consideration … in order to induce any voter to vote or refrain from voting.”
Kansas defines election bribery as offering voters “any benefit” to someone in order to get them to go to the polls, stay home from the polls, or vote for or against any candidate or issue.
Since voters waiting in line have already decided to vote, giving them food or water can be seen as an action that doesn’t directly affect that decision. But volunteers should ensure that the free items aren’t given out transactionally or on the condition that voters cast a ballot.
Kansas also bans electioneering within 250 feet of a polling place — although that practice is defined as “knowingly attempting to persuade or influence eligible voters to vote for or against a particular candidate, party or question.” When done in a nonpartisan way, passing out food and water likely won’t meet this definition.
What restrictions should volunteers keep in mind?
In order to steer clear of accusations of voter coercion, it’s important for line warmers to ensure they distribute supplies to everyone equally, and avoid making statements or wearing merchandise indicating a political position.
That’s why groups like Pizza to the Polls explicitly distribute food without any preconditions.
“The food is free for anyone there — people in line, their kids, poll volunteers and staff, and anyone else hungry for a slice,” the group writes on its website.
It’s also a good idea to keep line warming supplies generic and low-cost. Expensive food or items that wouldn’t normally be given away for free could be seen as bribes, opening volunteers to scrutiny.
According to the American Bar Association, “there can be legitimate concerns that a candidate or partisan organization providing a voter with an item of more than nominal value, given to the voter in the moments before voting, could unduly influence the voter’s decision.”
Therefore, the best way to avoid accusations of “vote buying” or other fraud is to hand out low-cost drinks and snacks without any preconditions or partisan messaging.
Do you have more questions about voting in the upcoming election on Tuesday, Nov. 5? Ask the Service Journalism team at kcq@kcstar.com.
This story was originally published November 5, 2024 at 4:00 AM.
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