Wednesday, October 1, 2008

To Wear or Not to Wear Gear?

Recently, I've received multiple emails warning me not to go to the voting booths on November 4th with my Obama gear on. The emails usually look something like this:
I just found out today that if you wear an Obama t-shirt to the voting polls on November 4, 2008, you will be turned away and NOT allowed to vote! Wearing an Obama shirt is apparently "campaigning" and thus not allowed in the space of the voting polls.
It seems that these emails have been especially targeted at Obama supporters, who are relatively new voters and younger voters, hence easier to scare away from voting.

I got suspicious about the emails, and a little bit of internet research and I found out the following from about.com:
1. Yes, states have laws against electioneering within a certain distance from polling locations. Each state's laws are different and enforcement levels vary. These laws usually only prohibit passing out and holding signs, posters, fliers, pamphlets.
2. There are 10 states that explicitly state in their laws that buttons and t-shirts are not allowed. They are: Delaware, Kansas, Minnesota, Montana, New Jersey, New York, South Carolina, Tennessee, Texas, and Vermont.

My immediate thoughts are that these emails have been sent out specifically in these states to warn voters, and that they've been spread across the country regardless of state voting laws. I fear that the panicky tone in some of them will scare off new voters.

Secondly and perhaps more importantly, I fear that poll workers who should know better will take these emails as fact and discourage voters on November 4 because they are wearing buttons or t-shirts whether or not they are in states that prohibit wearing gear.

In California, it's not entirely clear as to whether we can wear gear. Here's a recent letter and FAQ pdf by the Secretary of State's office. It seems that electioneering requires "distribution" or "circulation" of promotional items, trying to influence other voters within 100 feet. It's also obviously illegal for poll workers to wear partisan gear. Secretary Bowen's office has instructed poll workers to politely ask voters to take off buttons or hats, etc. or to flip their shirts inside out in the facility's restrooms. However, it seems easy for poll workers who disagree with a voter's stance to simply turn them away. If a voter doesn't know her/his rights, then they might just go home without voting.

Perhaps it's best to be safe than sorry and just not wear gear?

As always, be aware and research your local voting laws.

No comments: