Darializa Avila Chevalier, the Mamdani-backed challenger in New York’s 13th Congressional District, is under the microscope after her campaign offered an array of freebies, from ice-cream tokens to a shot at World Cup tickets, tied to voting and volunteer work. Legal experts warn the promotions could cross federal lines that bar paying or offering something of value in connection with voting. The dust-up lands right in the middle of early voting, with the primary set for Tuesday.
As reported by the New York Post, campaign materials showed tokens redeemable for a free scoop at Sugar Hill Creamery for early voters, and promoted a raffle for World Cup tickets for volunteers who logged canvassing shifts. The posts described automatic raffle entry for volunteers who turned in 10 contact cards and promised tickets to those who worked multiple shifts. The images and posts appeared on the candidate’s social feeds while early voting continues in the district.
Where Mamdani Fits In
Mayor Zohran Mamdani has publicly backed Avila Chevalier in the race, a move that has elevated the contest and drawn national attention to the NY-13 primary, according to The Associated Press. His endorsement has helped make the insurgent challenge more visible in pockets of upper Manhattan and the Bronx.
Legal Red Flags
The Federal Election Commission and its enforcement records make clear that campaigns generally cannot buy entertainment or pay for admissions as a benefit to individuals unless the expense is part of a specific campaign or officeholder event. Prior filings from the Federal Election Commission have repeatedly drawn a line between permissible campaign activity and gifts or entertainment that primarily benefit private individuals.
Federal Vote-Buying Statutes
Two federal statutes are most often cited in discussions of vote buying. 52 U.S.C. §10307(c) forbids paying or offering payment for registration or voting in elections where a federal candidate is on the ballot, and 18 U.S.C. §597 bars making or offering an expenditure to any person to vote or withhold a vote. Both carry criminal penalties and have figured in past prosecutions and legal analyses. See 52 U.S.C. §10307 and 18 U.S.C. §597 for statute text and guidance, available from Justia and Justia.
Legal observers say the mechanics matter. A free scoop offered to anyone who shows proof of early voting, or a raffle tied directly to canvassing milestones, can look like an inducement rather than a benign get-out-the-vote perk, particularly in a federal contest. That concern is at the center of what election lawyers say they see in the campaign posts.
Experts quoted in reporting on the episode called the offers risky. Fordham law professor Jerry Goldfeder told the New York Post that "it sounds like they are paying people to vote, which is, of course, unlawful," and election watcher Chris Coffey said the campaign’s promotions suggested "either they don't know the rules, or they don't care."
Campaign Response And What Could Follow
Avila Chevalier did not immediately respond to requests for comment, according to reporting by Jewish Insider. If a formal complaint is filed, the FEC, or in cases that satisfy federal vote-buying elements, prosecutors, could review the facts. Enforcement typically turns on intent, how the offer was structured, and whether the benefit was conditioned on voting for a particular candidate.
For now, the fight is as much political as legal. With the primary on Tuesday, the flap over ice cream and World Cup tickets adds an extra variable for voters in upper Manhattan and the Bronx as they head to the polls.
