Buying Beer On Election Day: Is It Allowed?

It is legal to buy alcohol on election day in the United States. While Election Day is not a federal holiday, some states have made it a state holiday. Historically, several states enforced prohibition-era bans on alcohol sales on Election Day, but this came to an end in 2014 when South Carolina became the last state to repeal the provision. In Kentucky, any business licensed to sell alcohol is permitted to sell or deliver liquor, beer, wine, and other beverages during polling hours for any election unless the county or city is dry or the legislative body passed an ordinance after June 25, 2013, prohibiting alcohol sales during polling hours.

In Kentucky, you can buy alcohol on election night

In Kentucky, a licensee authorized to sell distilled spirits and wine at retail is permitted to remain open during the hours the polls are open on any primary, regular, local option, or special election day. This applies to both retail by-the-drink licensees and retail package licensees. However, a city can adopt an ordinance that prohibits the sale of distilled spirits and wine or limits the hours and times of sales while the polls are open on election day.

Similarly, a malt beverage retailer licensee may sell malt beverages during the hours the polls are open on a primary, or regular, local option, or special election day. This applies to all retail malt beverage licensees. Again, the city in which the traffic in malt beverages is permitted may adopt an ordinance that prohibits the sale of alcoholic beverages or limits the hours and times during which alcoholic beverages may be sold in the city on election day.

So, while Kentucky is one of the states that generally ban alcohol sales on Election Day, there are some exceptions that allow alcohol sales during the hours that the polls are open.

Prohibition-era bans on election day alcohol sales ended in 2014

In the US, Prohibition-era bans on election day alcohol sales ended in 2014. The laws were a relic of the Prohibition era when saloons sometimes served as polling stations, and candidates used alcohol to persuade undecided voters.

Maryland was the first state to ban the sale of alcohol on election day in 1811, and several other states followed suit. By 2008, seven states had statewide bans in place, but by 2012, that number had dropped to two: South Carolina and Kentucky.

In June 2014, South Carolina became the last mainland state to officially roll back the ban, allowing citizens to purchase alcohol at restaurants, stores, and bars on election day. Kentucky had already lifted its ban, which only lasted until 6 pm.

As of 2023, only parts of Puerto Rico, certain Alaskan jurisdictions, and certain parts of Massachusetts have election day dry laws in place. However, several Latin American countries still strictly enforce the law, including Argentina, Brazil, Chile, Colombia, Costa Rica, and more.

Before 2013, Kentucky had a ban on alcohol sales while polls were open

In the United States, buying alcohol on election day is banned in some states. Before 2013, Kentucky was one of the states that prohibited alcohol sales while polls were open, from 6 a.m. to 6 p.m. on primary and general election days. This ban was a vestige of the Prohibition era, rooted in the Antebellum period when saloons doubled as polling places, and politicians would bribe voters with free drinks.

Over the years, there were several attempts to overturn the ban, but they failed. Liquor is a significant business in Kentucky, and the ban was causing millions in losses, not just for bars, restaurants, and liquor stores, but also along the state's Bourbon Trail, which attracts many tourists.

In 2013, state senator John Schickel introduced a bill to allow alcohol sales on Election Day. Schickel, a Republican from Union with a law enforcement background, argued that the ban was no longer practical, as elections were closely monitored for fraud, and he had never heard of complaints about drunk voters at the polls. The bill included a provision for communities that wanted to uphold the ban.

The Kentucky General Assembly approved the bill, citing the negative impact on businesses and tourism. This decision brought Kentucky in line with several other states that had recently lifted similar bans, including Delaware, Idaho, Indiana, Utah, and West Virginia.

In California, it is unlawful to sell or buy alcohol between 2 a.m. and 6 a.m

The consequences of selling or buying alcohol during these hours are serious. It is considered a misdemeanour, and those found guilty may face fines of up to $1,000 and up to six months in county jail. The business may also suffer, with possible store closures impacting the bottom line.

It's important to note that this law does not include a grace period. Any sale, delivery, or service of alcohol during the specified hours is considered a violation, even if it occurs just a few minutes after 2 a.m. or before 6 a.m. Additionally, ignorance of the law is not an excuse, and establishments are expected to understand the state law and train their employees accordingly.

While California has strict regulations regarding the sale of alcohol during unauthorised hours, it does not have any Election Day dry laws in place. In the past, many states prohibited the sale of alcohol on Election Day to prevent campaigns from influencing voters with alcohol. However, these laws have since been repealed, and as of 2014, there are no Election Day alcohol restrictions in the contiguous United States, except for certain parts of Alaska, Puerto Rico, and Massachusetts.

Alcohol sales are allowed on election day in the US, unlike in some other countries

South Carolina was the last state to repeal its ban on election day alcohol sales in 2014. Now, across the US, any business licensed to sell alcohol is permitted to sell or deliver liquor, beer, and wine during polling hours on election day. The only exceptions to this are if the county or city has a dry ordinance, or if a local legislative body has passed an ordinance prohibiting alcohol sales during polling hours since June 25, 2013.

While alcohol sales are allowed on election day in the US, there are still some restrictions in place. For example, it is unlawful to sell alcoholic beverages between 2:00 a.m. and 6:00 a.m. on any given day, and minors are prohibited from purchasing or consuming alcohol. Additionally, licensed businesses must follow specific retail operating standards and are subject to inspections by law enforcement officers at any time during business hours.

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