Election Integrity Activist Wants Wisconsin Election Bribery Statutes Enforced

Free pizza is handed out as Americans vote in the presidential election in Philadelphia on Nov. 3, 2020. Spencer Platt/Getty Images

Wisconsinite Jay Stone, president of the citizen group Honest, Open, and Transparent Government, has filed a complaint with the Wisconsin Elections Commission (WEC) alleging that the nonprofit organization Pizza to the Polls provided free pizza to voters and prospective voters in violation of state and federal law.

Stone told The Epoch Times that he believes the evidence that he’s presented to the WEC in a July 18 complaint is sufficient to warrant that the state elections commission order an investigation by state and federal law enforcement.

Exhibits 8 and 9 of the complaint, which Stone provided to The Epoch Times, contain public statements by top WEC officials in which they say people standing in line to vote must not be interacted with by anyone but an official greeter or line manager and that offers of literature, food, and drink aren’t permitted.

Pizza to the Polls (PttP), an Oregon-based group operating in numerous states, is dedicated to encouraging voter participation in elections by making the experience more pleasant by giving away food and drink, according to its website.

To fund its operations, PttP relies on small individual tax-deductible contributions, and it partners with corporations and other groups such as the Muslim Voter Project, several chapters of the NAACP, and When We All Vote.

PttP didn’t respond by press time to a request by The Epoch Times for comment.

On its website, the organization says its mission is to “deliver free food to people who are participating in civic life, from long lines at polling places to nonpartisan events focused on voter education, registration, and turnout.”

The complaint cites PttP’s 2021 and 2022 IRS Form 990, in which the nonprofit declares that part of its mission and purpose is to boost turnout.

Stone told The Epoch Times that he believes that’s a form of electioneering.

Federal Case

In a current related case, Stone alleged to a federal judge that the WEC is allowing free food, drink, and entertainment to be given out by several nonprofits to induce people in selected precincts to register to vote and to vote early. 

Such inducements are prohibited by 18 U.S. Code 597, according to Stone.

The section titled “Expenditures to influence voting” reads, “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.”

In that case, Stone also alleged that the WEC attempted to justify the giveaways by issuing a rule that he contends was never legally enacted. The rule excuses the giveaways by saying, “Any items being given away must be available to everyone, whether they have voted or not.”

“My concern is not about who has not been receiving the freebies; it’s about who has, namely the voters,” Stone told The Epoch Times. “When things of value are given to incentivize any person to register to vote, vote, and vote early, it is a clear violation of state and federal law.”

Election integrity activist Jay Stone after he won an earlier lawsuit against the Wisconsin Election Commission. Courtesy of Jay Stone

On July 24, the U.S. District Court Eastern District of Wisconsin, in response to an agreement between Stone and the WEC, remanded the case to Kenosha County Circuit Court.

Explicit Prohibition

Wisconsin Statute Section 12.11 of 2021, titled Election Bribery, prohibits any person from giving anything of value exceeding one dollar to induce any elector to go to the polls, stay away from the polls, vote, or refrain from voting.

Free rides to the polls aren’t prohibited.

“The law does not explicitly permit individuals and organizations to provide items of equal value to voters and nonvoters alike. It does, however, explicitly prohibit the giving of any items valued over one dollar,” Stone said. “The WEC does not have the power to disregard, or contradict, through a non-promulgated rule, the expressed will of the Legislature.”

Wisconsin law provides a procedure and specific requirements for an agency to follow before it can publish a new rule. They must identify and cite applicable provisions of state and federal law that support the agency’s proposed rule. A period for public comment must be allowed, and the proposed rule must be reviewed and approved by a joint committee of the state Legislature and the governor.

“WEC has not adhered to this process. Therefore, its so-called rule on offering incentives to voters is not legal,” Stone said.

In response to a request for comment, WEC spokesman Riley Vetterkind referred The Epoch Times to Wisconsin Statute section 12.11 as cited.