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Does wearing campaign paraphernalia when you go to vote break 'electioneering' laws in some states?

Wednesday, September 16, 2020
By William Boger
YES

Electioneering offenses involve various polling-day persuasion attempts, and in ten states they include wearing campaign-related apparel.

In a 2018 case, the Supreme Court held that Minnesota's provisions were too vague, violating First Amendment rights to free speech. The case arose from a 2010 dispute between a poll official and a voter wearing a Tea Party "Don't Tread on Me" T-shirt and a button supporting voter ID. The court cited other states with more specific bans on names of candidates or messages about ballot measures as better legal models.

The laws usually prohibit unacceptable T-shirts or other activities within a specific distance of a polling place, typically 50 to 200 feet. Other offenses may include political discussions by election officers; verbal expression by anyone; petitioning for political causes, and handing out or posting politically relevant materials.

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