Passive electioneering in Pennsylvania
The timing, specificity, and emphatic tone of this email suggest it was prompted by recent events in Pennsylvania, where the interpretation of a law prohibiting electioneering has long been left up to individual counties, resulting in its inconsistent application across the state. After citizens in some localities complained that they were prevented from voting or were asked to remove articles of clothing because they wore political-themed buttons or t-shirts, the ACLU requested a clarification of the law.
In response, Pennsylvania elections commissioner Chet Harhut sent a memo to county elections boards in September 2008 declaring that wearing buttons or t-shirts is not sufficient grounds to prevent anyone from voting. However, the law still leaves it largely to the discretion of local officials, some of whom have stated they will not change their criteria.
At last report, the Republican Party was petitioning the state to enforce a statewide ban on passive electioneering. The Democratic Party declined to join the effort.
Voters should check local regulations
There's room to debate the constitutionality of such restrictions, but right or wrong they are currently the law in some parts of the country, so it behooves individual voters to familiarize themselves with the regulations of their own states and act accordingly.
Contact your state or local elections board for specific guidelines. If in doubt, leave the campaign paraphernalia at home.
Poll: Do you think campaign buttons and t-shirts should be allowed in polling places?
1) Yes. 2) No. 3) Not sure.
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Sources and further reading:
Voter Warning: Watch What You Wear
WHEC-TV News, 24 September 2008What to Wear on Election Day
WHP-TV News, 22 September 2008GOP Fights 'Passive Electioneering' at the Polls
Philadelphia Inquirer, 19 September 2008In Pennsylvania, Fears of 'Fashion Police' at Polls
Scripps News, 19 September 2008'You Can't Wear that to Vote': The Constitutionality of State Laws Prohibiting the Wearing of Political Message Buttons
By Kimberly J. Tucker, bePress Legal Series, 2006
Last updated: 09/24/08
