Don’t Wear Political Paraphernalia To The Polls To Vote?
You may have received several emails these past couple of days about being turned away at the polls because of wearing political gear (t-shirts, buttons, etc.) While each state is different, the overall rule of thumb is the same. This is from State of Massachusetts:
On Election Day, certain activities are prohibited within the polling location and within 150 feet of the polling place. General Law chapter 54, section 65 prohibits within 150 feet of a polling location, among other things, the posting, exhibition, circulation, or distribution of material–including posters, stickers, posters, cards, handbills, placards, pictures or circulars–intended to influence the action of the voter. G. L. 54, ß 65 (2002 ed.). Consistent with the activities restricted by statute, the implementing regulations prohibit the solicitation of votes for or against, or any other form of promotion or opposition of, any person or political party or position on a ballot question, to be voted on at the current election. 950 C.M.R. ß 54.04(22)(d). Accordingly, a person standing within 150 feet of a polling location, including observers in the polling location, may not: hold any
campaign sign; hand any person literature intended to influence the voter’s action at the polls; wear any campaign buttons or identifying signage; solicit a person’s vote for or against a candidate or question on the ballot; or, distribute stickers.
I think it would be safe to turn your t-shirt inside out until after you’ve left the polling area and/or put away any political paraphernalia that you have on as well.
FORWOMENONLINE.COM
I came across your posting about political paraphernalia being worn on voting days. Please be aware that this information is false and it is NOT illegal for voters to wear political paraphernalia to the polls. This is a misrepresentation of a law that was enacted to prevent candidates from campaigning at the polls to sway voters, and the law has been used illegally to turn away voters who are wearing political paraphernalia. This is another attempt to deny people their right to vote, and I hope that you will pass along the truth to this falsehood and in the future take more care in the information you pass along to others and post on your site. People should be advised to contact their state for a copy of their state’s voting statutes and be armed with fact not fiction. Your posting is only perpetuating a lie, and I am shocked that the information was not verified and you are advising women that they can be denied their right to freedom of speech.
It depends on where you live. I think it’s important to tell people also to check with their state and local board of elections as whether this is true or not. Federal law does allow voters to wear buttons, pins, and t-shirts. However, Federal government has decided to let the states choose how the define electioneering and in some states, only the poll workers are disallowed from wearing paraphernalia and voters are allowed to wear their gear, just not linger or solicit others while voting at least in my state, Florida. While other states called wearing paraphernalia passive electioneering and have passed laws against it. So if in doubt people should call their local board or supervisor of elections.
This information is NOT false! Some early voters in states such as Pennsylvania have already been turned away for “passive electioneering”. This varies not jus from state to state, but from county to county and district to district, and is IS being enforced in many locations.
So do NOT wear any political buttons, pins, hats or shirts to the polls.
Here is the email that I (and other Cafepress vendors) received about this situation. It includes links where you can get more detailed information.
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Hello:
Quick “public service” note from CafePress letting you know that come Election Day, in some states, it’s prohibited to wear political gear at the voting booth (seriously). In fact, donning political attire may result in your being turned away — and in some cases, your arrest.
By definition, displaying political messages on T-Shirts, buttons and such is considered “Electioneering” (defined as, To work actively for a political party). To prevent voter intimidation, electioneering is not allowed near some state’s voting booths. Be sure to look into restrictions in your neck of the woods. To get you started here are a few recent articles discussing electioneering:
Issue of what not to wear emerges as voters go to polls
http://www.firstamendmentcenter.org/news.aspx?id=20789
County won’t allow “passive electioneering”
http://www.ncnewsonline.com/local/local_story_261100909.html
We’ve also posted a CafePress-style Public Service Announcement (wink wink) on our blog, outlining the issue. You can watch it here: http://blog.cafepress.com/?p=1643
So feel free to speak your mind with political gear from CafePress, but be careful what you wear to the polls on Election Day.
Happy Voting,
The CafePress Team
If you go to CNN.com it does state in some states it is illegal to wear political paraphanalia to the polls. Just because a person leaves a comment stating this is false does not necessarily mean they are correct please check your state law or just don’t wear political propaganda to ensure you will be able to exercise your right to vote. With an election this controversial emotion runs high among voters, the safest practice is definitely not to let anyone know who you are voting for, and especially not in a way others may deem as inappropriate to opposing candidates.
This is incorrect. The mass statute does not state this. It states nothing about clothing.
It includes:
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VIII. ELECTIONS
CHAPTER 54. ELECTIONS
CONDUCT OF ELECTIONS
Chapter 54: Section 65. Activities at polling places; regulations; penalties
Section 65. At an election of state or city officers, and of town officers in towns where official ballots are used, the presiding election officer at each polling place shall, before the opening of the polls, post at least three cards of instruction, three cards containing abstracts of the laws imposing penalties upon voters, and at least three specimen ballots within the polling place outside the guard rail, and have available at the check in area at state elections a number of copies of the information for voters material provided for in section fifty-four at least one for every one hundred voters; and no other poster, card, handbill, placard, picture or circular intended to influence the action of the voter shall be posted, exhibited, circulated or distributed in the polling place, in the building where the polling place is located, on the walls thereof, on the premises on which the building stands, or within one hundred and fifty feet of the building entrance door to such polling place. In polling places in which voting machines or approved electronic voting systems are used, the samples of the ballot posted shall be, substantially, replicas of the ballot labels, cards or ballots upon which the voters must vote in using the particular machine or system. Pasters, commonly called stickers, shall not be posted, circulated or distributed in the polling place, in the building where the polling place is located, on the walls thereof, on the premises on which the building stands, or within one hundred and fifty feet of the building entrance door to such polling place. Such pasters shall be subject to all the restrictions imposed by sections forty-one and forty-four as to names and residences of candidates and the size of the type in which the names shall be printed; but no political or other designation shall appear on such pasters, and no vote by paster shall be counted if such designation appears. The presiding election officer shall, at the opening of the polls, publicly open the packages containing the ballots and deliver them to the ballot clerks. All specimen ballots not posted shall be kept in the custody of the presiding officer until after the closing of the polls.
No rule, regulation or provision of law shall prohibit a person who is a member of a police or fire department of the commonwealth, or any political subdivision thereof, who is not on active duty, from distributing such material one hundred and fifty feet distant from a building entrance door to a polling place in an election where there appears on the ballot a referendum pertaining to, or affecting, the conditions of employment, including hours of labor and compensation, in the department of which said person is a member subject to the provisions of this section.
No person shall be allowed to collect signatures upon petitions, referendum petitions or nomination papers within one hundred and fifty feet from the building entrance door to a polling place.
Whoever posts, exhibits, circulates or distributes any poster, card, handbill, placard, picture or circular intended to influence the action of a voter, or any paster to be placed upon the official ballot, in violation of any provision of this section, shall be punished by a fine of not more than twenty dollars