Could Michigan implement a lottery to incentivize COVID-19 vaccines?
Two weeks ago, Gov. Gretchen Whitmer was asked if she would consider implementing a lottery or sweepstakes as a means to incentivize COVID-19 vaccinations. Her response was quick -- Michigan law precludes the administration from adopting a raffle similar to one put in place in Ohio. Whitmer didnt specify which rules prohibited a giveaway, but added that her office would investigate if there were additional ways to encourage people to get vaccinated against coronavirus. It wasnt immediately clear, even to a spokesperson for her office, which law specifically prohibited such a sweepstakes. But two weeks later, the governors office referred MLive to the attorney generals office, which pointed to the states gaming law. The Lottery Act does not authorize a lottery in which tickets are given away for free and does not generate revenue for the School Aid Fund, reads an email from Dana Nessels office. The issue appears black and white to the governors administration, though Sen. Aric Nesbitt, R-Lawton, said he didnt see how the states gaming law would prohibit a random giveaway that isnt specifically tied to the Michigan lottery and is instead carried out by the health department using non-lottery funds. Im not sure what the appropriations process would look like but I dont see the blanket prohibition that the governor sees, said Nesbitt, a former Michigan lottery commissioner. (In Ohio), it really is setup like a sweepstakes, not a lottery.  Last month, Ohio came up with the Vax-a-Million lottery as a means to incentivize vaccinations. The contest planned five $1 million drawings stretched out over five weeks, beginning May 26. Eligibility is linked to getting at least one dose of vaccine. The draw is sponsored by Ohios state health department and conducted by its lottery office. The funds come from existing federal COVID-19 relief funds. I know that some may say, DeWine, youre crazy! This million-dollar drawing idea of yours is a waste of money, tweeted Gov. Mike DeWine. But truly, the real waste at this point in the pandemic -- when the vaccine is readily available to anyone who wants it -- is a life lost to COVID-19.  Additionally, DeWine introduced a separate five-week sweepstakes for the 12-to-17-year-old crowd, giving away a full, four-year scholarship to any state university. Michigan ranks 26th in the nation with 88,597 doses administered per 100,000 residents. Ohio comes in right behind it at 27th, with 86,371 doses per 100,000 residents. Related: Detroit Tigers offering 2 free tickets to those who get vaccines at pop-up clinic this week  Nesbitt said hed like to see data from Ohios giveaway and if it sped up vaccine uptake better than other uses of advertising dollars. Incentives usually work -- we see that in a free-market economy, he said. Theres probably a case to be made but lets see where Ohio is in another week or two. One nice thing is it keeps it voluntary, and thats something good to see.  Similar random draws are being conducted around the country to incentivize the shots as vaccinations have slowed. States that have implemented giveaways include California, Colorado, Kentucky, Maryland, New York, Ohio, Oregon, West Virginia and Washington, plus the city of Philadelphia. Giveaways include everything from money and scholarships to lottery tickets, lifetime hunting and fishing licenses, trucks, and guns. Devin Schindler, a law professor at Western Michigans Cooley Law School, said its not a matter of whether Michigans gaming law prohibits a vaccine-related sweepstakes -- its whether the law allows for it. He referenced Whitmers October 2020 loss in the Michigan Supreme Court, when the court ruled that the governor didnt have the authority to continue the coronavirus state of emergency or issue unilateral orders beyond the initial emergency declaration. The ruling reiterated Schindlers stance. Absent specific authorization in the lottery act, the governor does not have emergency authority to create a lottery, he said. As of Monday, Michigan had administered nearly 8.5 million doses of vaccine. More than 54% of the states 12 and older population had gotten a first shot, and 47.9% were fully vaccinated, meaning they got a second dose of the Pfizer or Moderna vaccine, or a single-dose of the Johnson & Johnson shot. We know that the most significant incentive for getting a vaccine is to be able to get back to normal and safely do the things we love with our friends and families, said Bobby Leddy, press secretary for the governor. We applaud Michigan businesses for stepping up to provide fun incentives to those Michiganders who have received a vaccine. While state law precludes the Michigan Lottery from holding a traditional lottery to promote vaccine incentives, we are always thinking of innovative ways to encourage Michiganders to get vaccinated, and are exploring our options at this time.  Vaccine appointments, including walk-ins, are available throughout the state for individuals 12 years and older. For more information, visit the states COVID-19 vaccine website. See median salary for your job and 700-plus other jobs in Michigan