FACT CHECK: Does Donald Trump’s Grocery Store Gesture Violate Electoral Laws?
A post on X claims that former President Donald Trump was caught on tape violating election law by handing out a $100 bill to a shopper to cover groceries at a campaign stop.
CAUGHT ON TAPE: Donald Trump was busted handing out money to voters to cover groceries at a campaign stop.
This is a clear violation of election law.
— CALL TO ACTIVISM (@CalltoActivism) September 24, 2024
Verdict: Misleading
While election laws prohibit vote-buying, the legality of Trump’s action depends on the context and intent behind the gesture. There is no evidence the move was an act to buy a vote.
Fact Check:
Trump announced that he would be holding a rally Oct. 5 in Butler, Pennsylvania, almost three months from when he was struck by a bullet during an assassination attempt July 13, according to CNN. The move comes as polls show the key battleground state in a virtual tie between Trump and Vice President Kamala Harris, The Washington Post reported.
The viral post shows Trump at a campaign stop in Pennsylvania handing a shopper $100 to help pay for their groceries. “CAUGHT ON TAPE: Donald Trump was busted handing out money to voters to cover groceries at a campaign stop,” the post’s caption reads. “This is a clear violation of election law.”
The claim is misleading. Under article 18 U.S.C. § 597 of the U.S. Code, “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” would be penalized with either fines or imprisonment. Vote-buying is a serious federal offense, but election law experts emphasize that intent is a crucial factor when assessing such allegations.
Mike Dimino, a professor specializing in electoral law at the University of South Carolina, told Queen City News that the key issue in vote-buying cases is the presence of a quid pro quo – a direct exchange of something of value for a vote. “Simply giving money to someone isn’t illegal unless it comes with an explicit or implied promise of votes in return,” Dimino explained. (RELATED: No, Pennsylvania Senator Fetterman Did Not Say He Would Vote for Trump)
Hans von Spakovsky, a former Federal Election Commission (FEC) official, further told Daily Mail that charitable actions are “not inherently illegal” unless they are intended to influence voters. “Paying for groceries or other small gifts is only illegal if it is intended to buy votes,” von Spakovsky stated.
In previous cases involving claims of vote-buying, courts have focused on whether there was an explicit offer or solicitation of votes in exchange for something of value. One notable case that illustrates this legal principle is United States v. Siegelman (2006). In this case, former Alabama Governor Don Siegelman was charged with accepting a $500,000 donation from a businessman, Richard Scrushy, in exchange for appointing him to a hospital regulatory board. The prosecution alleged that this was a form of quid pro quo corruption, akin to vote-buying because it involved trading money for political favors.
Pennsylvania, being a crucial swing state for the 2024 presidential election, has been the target of misleading or outright incorrect claims on social media. Check Your Fact previously debunked a claim suggesting CNN called Trump’s assassination attempt in the state a “mostly peaceful” event.
