Political T-Shirts At The Polls: What's Allowed?

Whether you're voting early, by mail, or in person, it's important to be aware of the rules surrounding what you can and cannot wear to the polls. In the US, nearly half of all states have restrictions on what you can wear to vote, with 21 states having prohibitions on clothing or accessories that are considered a form of electioneering or campaigning. These laws vary by state, but generally aim to create a voting oasis where voters can cast their ballots without pressure, distraction, or intervention. So, can you wear that political t-shirt to the polls? It depends on where you live and what your shirt says.

State-by-state variations in laws regarding political t-shirts at polling places

The laws regarding wearing political t-shirts to polling places vary from state to state in the US. In California, Delaware, Kansas, Montana, New Jersey, New York, South Carolina, Tennessee, Texas, and Vermont, electioneering laws specifically forbid voters from wearing clothing and accessories that allude to a particular candidate, party, or ballot box issue. In California, voters cannot wear campaign apparel, buttons, or stickers within 100 feet of a polling place or election official's office. This includes t-shirts that display a candidate's name, likeness, or logo. Similarly, in Michigan, voters cannot wear any material that directly or indirectly references an election, a candidate, or a ballot question within 100 feet of the entrance to a building where a polling place is located. Violating this law can result in a misdemeanor charge.

On the other hand, some states have more lenient laws regarding political clothing at polling places. In Iowa, for example, voters are permitted to wear political clothing as long as they leave the premises immediately after casting their ballot. In Maine, it is acceptable to wear buttons that are three inches or smaller in size. In North Carolina, voters can wear campaign merchandise, including t-shirts, as long as they are not electioneering inside the polling place. Electioneering refers to the act of trying to influence others' votes, such as through a call to action on a t-shirt.

It is important to note that the enforcement of these laws may vary, and poll workers often have discretion in handling dress code violations on a case-by-case basis. To avoid any issues, it is recommended to check the specific laws and guidelines of your state before heading to the polls.

The consequences of wearing political clothing to the polls

Specific State Laws and Consequences

In California, voters cannot wear campaign apparel, buttons, or stickers within 100 feet of a polling place or election official's office. This includes items that display a candidate's name, likeness, or logo. Violating these rules can result in being asked to leave before casting a vote.

In Michigan, wearing political clothing within 100 feet of a polling site can result in a misdemeanor charge. However, in Iowa, political clothing is permitted as long as voters leave the premises immediately after casting their ballot. Maine allows buttons that are three inches or smaller in size.

Enforcement and Interpretation

The enforcement and interpretation of these laws can vary, and ultimately, the handling of dress code violations is left to the discretion of poll workers on a case-by-case basis. For example, clothing that is stylistically symbolic without explicitly stating a political message is likely to be permitted, such as a red dress indicating GOP support or a suffragette white pantsuit.

In some cases, voters may be asked to remove or cover up the offending item or turn their clothing inside out. However, there have been instances where violations have led to legal battles, such as the case in Minnesota that reached the US Supreme Court. The Supreme Court deemed Minnesota's policy too vague, and the state subsequently rewrote its prohibition on political attire.

Recommendations

To avoid any issues, it is recommended to check the specific laws and restrictions of your state before heading to the polls. Voters can also opt to wear clothing that promotes voting or civic participation in general, which is generally allowed. Alternatively, voting early or by mail can allow individuals to avoid dress code restrictions altogether.

The legal definition of electioneering

Electioneering is the act of trying to convince voters to cast their ballots for or against a particular candidate, political party, or issue. This can include displaying campaign posters or signs, distributing campaign materials, or soliciting votes. In the context of wearing political t-shirts to the polls, electioneering refers to using clothing or accessories to influence someone else's vote.

In the United States, nearly half of the states have restrictions on what voters can wear to the polls. These laws consider certain clothing items or accessories as a form of electioneering and voters wearing prohibited items may be turned away. The specific restrictions vary from state to state. For example, in California, voters cannot wear campaign apparel, buttons, or stickers within 100 feet of a polling place or election official's office. This includes displaying a candidate's name, likeness, or logo. Similarly, in Michigan, voters cannot wear any material that directly or indirectly references an election, a candidate, or a ballot question within 100 feet of the entrance to a polling site.

On the other hand, some states, like North Carolina, allow voters to wear campaign merchandise, including t-shirts, as long as they do not engage in electioneering inside the polling place. According to the Wake County Board of Elections, wearing political shirts, hats, or buttons is permitted as long as the apparel does not include calls to action such as "Vote for [candidate name]." Simply wearing a shirt expressing support for a candidate, such as "Biden-Harris 2020" or "Trump-Pence 2020", is generally allowed.

It's important to note that the enforcement of dress code violations at polling places is often left to the discretion of poll workers, and in most cases, voters will not be prosecuted for violating political clothing protocols. However, it is always a good idea to check the specific laws and restrictions of your state before heading to the polls.

The Supreme Court's ruling on the matter

In the United States, the laws on wearing political attire to the polls vary from state to state. While some states don't allow voters to wear attire with political affiliations at the polls, others are more lenient, but with some restrictions.

In June 2018, the US Supreme Court ruled against a Minnesota law that prohibited wearing political clothing at a polling place on Election Day. The case, Minnesota Voters Alliance v. Mansky, was decided by a 7-2 majority, with the Court holding that the apparel ban violated the Free Speech Clause of the First Amendment.

The Minnesota law prohibited voters from wearing items that could be construed as "political," including express advocacy on behalf of a political candidate or ballot question, "issue-oriented material designed to influence or impact voting", and "material promoting a group with recognizable political views." The Supreme Court found that the term "political" in the ban was overly vague and confusing, leaving it open to uneven interpretations by election officials.

Chief Justice John Roberts, writing for the majority, noted that while states are free to decide what type of advocacy should be excluded from polling places, Minnesota's law was too broad. He wrote, "Casting a vote is a weighty civic act, akin to a jury's return of a verdict, or a representative's vote on a piece of legislation. It is a time for choosing, not campaigning. The state may reasonably decide that the interior of the polling place should reflect that distinction."

However, the Supreme Court's ruling only applied to Minnesota's law and did not invalidate similar restrictions in other states. For example, Texas has a similar law prohibiting voters from wearing certain items to the polls, but with a more precise definition of what constitutes "political" attire. As a result, the Texas secretary of state's office did not believe that the Supreme Court ruling would affect their state's restrictions.

In summary, the Supreme Court's ruling on the matter of wearing political T-shirts to the polls struck down a Minnesota law prohibiting such attire, finding it to be a violation of the Free Speech Clause of the First Amendment. However, the ruling did not affect similar laws in other states, which continue to enforce restrictions on political attire at polling places.

What to wear to the polls if you want to avoid trouble

If you want to avoid any trouble at the polls, it's important to be mindful of what you wear. In many states, there are laws and restrictions on what voters can and cannot wear to the polls. These laws are in place to prevent electioneering, or influencing someone else's vote, and violations may result in consequences. Here are some tips to ensure you're dressed appropriately when casting your vote:

• Check your local and state laws: The rules on what you can and cannot wear to the polls vary by state and even by locality. Be sure to check the specific laws and guidelines for your area before heading to the polls. You can check your state's laws by visiting the website for your Secretary of State or by contacting your local registrar's office.
• Avoid political garments: To stay on the safe side, it's best to avoid wearing clothing with political messages, such as T-shirts, hats, buttons, or stickers that display a candidate's name, likeness, logo, or political party affiliation. This includes both explicit campaign merchandise and more subtle references to a candidate or political issue.
• Steer clear of call-to-action slogans: While you may be passionate about a particular candidate or issue, wearing clothing with call-to-action slogans like "Vote for [candidate name]" can be seen as electioneering and is generally not allowed.
• Opt for comfort and practicality: Voting can often involve waiting in long lines, so choose comfortable clothing and dress appropriately for the weather. You may also want to bring a sweatshirt or jacket, as some polling places may be cold.
• Be mindful of local exceptions: Some states, like Maine, have specific exceptions to their dress code restrictions. For example, in Maine, small buttons that do not exceed 3 inches in size are generally permitted.
• When in doubt, err on the side of caution: If you're unsure about whether an item of clothing is appropriate, it's best to leave it at home or cover it up. Remember, the goal is to create a neutral environment for voters to cast their ballots without influence or distraction.

By following these guidelines, you can help ensure that your voting experience is smooth and trouble-free. Remember, the most important thing is that you exercise your right to vote, so don't let clothing concerns deter you from making your voice heard.

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