Darializa Avila Chevalier, a 32-year-old democratic socialist running for Congress, is pushing an ice cream giveaway for early voters in New York’s 13th Congressional District, raising eyebrows as a legally dubious campaign effort.
Election experts warn that the giveaway, which promises a free ice cream from a local business, violates federal election law.
Sean Cooksey, Vice President JD Vance’s legal counsel and former chairman of the Federal Election Commission, told the Washington Examiner it is “blatantly illegal to offer voters cash or gifts to influence their votes,” and that doing so violates two federal statutes and could be punishable by fines and up to two years in prison.
“And unlike an independent business that runs a promotion without understanding the law, a federal campaign should know better that it’s illegal to offer people gifts to buy their votes,” Cooksey wrote in a statement.
The Washington Examiner reached out to Avila Chevalier’s campaign for comment. The Democratic hopeful is backed by New York City Mayor Zohran Mamdani and is running to unseat Congressional Hispanic Caucus Chairman Adriano Espaillat (D-NY), a close ally of House Minority Leader Hakeem Jeffries (D-NY).
Avila Chevalier’s campaign promoted the giveaway on Instagram, instructing voters to “Vote early and keep your sticker” so they can show the sticker to the campaign in exchange for a token to Sugar Hill Creamery, a handmade ice cream business located in Harlem.
The campaign does not require proof of voting for Avila Chevalier. Federal law states that “offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate” is illegal.
The token, which is only redeemable at Sugar Hill Creamery locations, can be used in exchange for one cup of ice cream.
A representative for Sugar Hill Creamery told the Washington Examiner that Avila Chevalier’s campaign reached out to them about setting up a giveaway, and that the business has done similar programs for other community partners, including local churches.
“We are offering a free scoop when a token is presented by anyone who voted early,” the representative wrote in an email. “This gift is for anyone in the community who has voted early, no matter for which candidate. Voting is the most important form of civic participation we have, and a lot of businesses run programs like this to encourage people to show up and do the critical work of participating in our democracy.”
Giveaways for voting in elections have risen in popularity over the last two decades, as local businesses and community leaders look to promote voting in their communities.
Avila Chevalier, a political activist who touts her involvement in Columbia University’s pro-Palestinian encampment, is hoping to ride the progressive wave that installed Mamdani as New York City’s mayor. Given her involvement in the anti-Israel movement, Avila Chevalier has highlighted that Espaillat is backed by the American Israel Public Affairs Committee.
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Espaillat, 71, has been in Congress since 2017. A staunch immigration reform advocate, he came to the United States as a child with his family under travel visas, which they overstayed. His family later left the U.S. in order to obtain green cards before returning.
Espaillat has significant backing from Democratic groups, including the Congressional Black Caucus and the Congressional Progressive Caucus. Both the Latino Victory Fund and BOLD America political organizations have pledged to boost his bid as well.