Do’s and Don’ts for Polls
Depending on where you live, there may be a dress code for visiting polling stations. Even if you’ve worn your favorite campaign shirts every day for the past month, you can still wear something else on Election Day .
You may be aware that some states have laws that prohibit campaigning of any kind within a certain distance from the voting site. You may not be aware that wearing clothing or accessories with a political message can also be considered “campaigning,” so here’s what you need to know about dressing for the polls.
Why are there such restrictions?
If you’ve followed our coverage of elections and voting over the past few months, you’ve probably noticed that most voting rules vary from state to state, and restrictions on what you are allowed to wear in polling stations are no exception. … …
“Laws are state specific and enforced by election officials, ” Dr. Richard Hasen, professor of political science at the University of California, Irvine, told CNN . “What can be worn and whether other laws might violate the First Amendment will need to be determined on a case-by-case basis.”
So which states are we talking about? Technically they are all to one degree or another. Each state has rules that prohibit certain political activities at polling stations. The logic behind this is quite simple: voters should be able to exercise their rights without being harassed by campaigners.
According to the National Council legislative assemblies states (NCSL), it includes a “display restriction signs, hand agitation literature or canvass within a predetermined distance (typically 50 to 200 feet) from the space for voting”.
What clothes shouldn’t be worn at polling stations?
Currently, 21 states have laws restricting what voters can wear to polling stations, although each has a different approach to what clothes and accessories are not allowed. For example, in Maine, voters are not allowed to wear political buttons unless they are more than three inches long and “people wear them at the polling station solely to vote.”
Most states with these laws use similar language, noting that something is considered “political” clothing if it represents a candidate or question on the ballot papers that day. In other words, while you can’t wear a Joevember T-shirt for the November 3rd vote, you can wear a loose-fitting Richard Nixon dress if you like.
Which states restrict what you can wear to the polling station?
So does your state have a dress code for voting? These laws are included in 21 lists : Arkansas, California, Delaware, Indiana, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rod- Island. , South Carolina, Tennessee, Texas and Vermont. Visit the NCSL website for more information on restrictions in each state.
In addition to these, some states, such as Ohio , have laws that regulate things that cannot be worn in polling stations, but they are not legally enforceable. That means you might get a warning from a survey officer, but Ohio Secretary of State Frank LaRose says you can’t be denied .
How about wearing something related to something political?
Here’s another area where things can get a little more complicated: Most state laws do not clearly define the wearing of clothing associated with a political or social movement, their symbols and slogans. This includes clothing and accessories with things like “Black Lives Matter”, “All Lives Matter”, “Don’t Tread on Me” or “#MeToo” – and this has already caused some problems.
For example, last week in Tennessee, a Memphis poll officer demanded that voters wearing Black Lives Matter T-shirts turn them inside out before voting, but was promptly fired for violating his training as a non-partisan election officer, CNN reported. … A similar incident took place in Georgia , although in the end the voter was allowed to vote wearing a Black Lives Matter shirt.
Who decides what is “political”?
But who determines what is inappropriate or “too political”? This is part of the issue that the Supreme Court addressed in its 2018 ruling on this matter. While they did not clarify the exact language that should be used in the rules, Chief Justice John Roberts, who drew up the court’s opinion , noted that state laws that restrict the use of clothing based on whether something is considered “political” are too vague. and confusing.
This, Roberts wrote, can lead to situations where an individual interviewer or even a judge hearing a case is forced to assess how and whether something is “political,” which in itself can become political. Without issuing specific guidelines on what the wording of these state laws should look like, Roberts said they should be “reasonable” and “should be able to articulate” what is allowed and what is not.
Since then, several states, including Minnesota , where the lawsuits are being filed, have updated the language in their legislation. They now clarify that clothing or accessories are considered “political” (and therefore banned from polling stations) if they relate to individual candidates, official political parties, or issues that appear on the ballot papers that day. So, for example, if you vote on ballots related to sexual assault laws or military funding, your #MeToo and Support Our Troops T-shirts should probably stay in your closet.
Who is applying these restrictions?
Typically, survey staff are the ones who call and take action when someone wears an item (s) of clothing that violates the laws of that state. In most cases, they will ask you to cover them up, turn the shirts inside out, take them off, or walk away. But in other countries, such as Michigan, where it is considered a misdemeanor for someone to show support for a candidate within 100 feet of a polling station, the harassment continues.
In addition, it is important to note that employee surveys must identify when political clothing or accessories cross the line and enforce state regulations. In most elections, the ages of campaigners tend to shift towards the more mature end of the spectrum, many of whom have years – or even decades – of experience behind them.
But this year, due to the COVID-19 pandemic, many regular survey participants are sitting around fearing for their health. This means that you will likely be dealing with at least some of the poll participants who will make their election debut on November 3. And while they could certainly read their study guide and related laws and save the information, this might not be the case. …
So if this happens somewhere, such as Ohio – where there is a law that limits what you can wear to the polls, but ultimately it is not enforceable – there could be room for misunderstanding (for example, a voter is rejected without needs). This brings us to our final piece of advice: take the polls by familiarizing yourself with the laws of your state and your voting rights.
Always know your rights
This is also a good time to point out how important it is to know your rights, including in cases where you may be told that you are not allowed to vote because of what you wear but do not live in a state where it is specifically stated. in law (or, in Ohio’s case, not applicable).
At the risk of sounding like a hardcoded entry, check the voting rules in your state (you can even bookmark the page on your phone or take a screenshot) so that they’re handy in case you need them. And even if you were refused to participate in the polls , know that there are still ways to vote.