Madonna made an offer that you could probably refuse on Monday night, when she pledged to give oral sex to people who voted for Democratic presidential candidate Hillary Clinton.
“One more thing before I introduce this genius of comedy,” Madonna told the crowd at Madison Square Garden, while introducing comedian Amy Schumer. “If you vote for Hillary Clinton, I will give you a blowjob, OK?”
“And I’m good. I’m good. I’m not a douche and I’m not a tool. I take my time,” Madonna continued. “I have a lot of eye contact, yeah. And I do swallow.”
It was an attention-grabbing offer — but was it legal? In an effort to determine if Madonna crossed the bounds of election law along with good taste, TheWrap did some digging.
“It is generally illegal to exchange anything of value for [a] vote,” Judith Ingram of the Federal Election Commission told TheWrap.
Indeed, election law does prohibit vote-buying. Specifically, Title 52 of the U.S. Code bars the exchange of payment for a vote, or even voter registration, in a number of elections, including presidential and vice presidential races. The law goes even further than that, barring the mere offer of a payment.
Those found guilty of violating the law “shall be fined not more than $10,000 or imprisoned not more than five years, or both,” according to Title 52.
But don’t get too excited just yet, Madge haters.
The Department of Justice’s “Federal Prosecution of Election Offenses” addresses the topic of “commercialization of the vote,” aka vote-buying. And while the 2007 edition provided to TheWrap cites Title 42 USCS § 1973i(c) of the U.S. Code, which was later transferred to Title 52, the book notes that the bribe “may be anything having monetary value, including cash, liquor, lottery chances, and welfare benefits such as food.”
So unless Madge has put a price tag on her oral-sex skills, it doesn’t look like she’ll be doing hard time due to the offer. Not in jail, anyway.
In other words, if you were hoping for Madonna to get a call from the feds, you’ll just have to suck it up, because it’s not going to happen.