(NAME-MCE) A Response to the Urgent Message Regarding Voting This Year

[Aukram Burton]

On Sep 24, 2008, at 8:07 AM, Loving, Tracie W wrote:

There are only 10 states that have this “electioneering” law.  I’m  
forwarding what I researched below.

Summary: Ten (10) states have regulations explicitly prohibiting the  
wearing of buttons to the polls – Delaware, Kansas, Minnesota,  
Montana, New Jersey, New York, South Carolina, Tennessee, Texas, and  
Vermont.

Laws in 10 states prohibit the “wearing” of a political message button
Ten States -- Delaware,8 Kansas,9 Minnesota, 10 Montana,11 New Jersey, 
12 New
York,13 South Carolina,14 Tennessee,15 Texas,16 and Vermont17--  
prohibit a voter from “wearing” political message buttons on Election  
day. State laws describe this type of political message/campaign  
button in language such as “badge, “lapel,” “button,” or “pin”. It is  
important to note that in Tennessee, the state that enacted a  
“campaign-free zone” law that was challenged in the Supreme Court, the  
statute explicitly notes that a person may wear campaign clothing only  
outside the legally appropriate polling place boundary.

8 See DEL. CODE ANN. tit.15 § 4942 (2005) Electioneering in polling  
place; (a) No election officer,
challenger or any other person within the polling place or within 50  
feet of the entrance to the building in
which the voting room is located shall electioneer during the conduct  
of the election. (d) "Electioneering"
includes . . . the wearing of any button, banner or other object  
referring to issues, candidates or partisan
topics . . . into the polling place or the area within 50 feet of the  
entrance to the building in which the voting
room is located.
9 See KAN. STAT. ANN. § 25-2430(a) (2005) Electioneering is knowingly  
attempting to persuade or
influence eligible voters to vote for or against a particular  
candidate, party or question submitted.
Electioneering includes wearing . . . labels, . . . stickers or other  
materials that clearly identify a candidate
in the election or clearly indicate support or opposition to a  
question submitted election within any polling
place on election day.
10 See MINN. STAT. § 211B.11(1) (2004) Soliciting prohibited. A person  
may not provide political
badges, political buttons, or other political insignia to be worn at  
or about the polling place on the day of a
primary or election. A political badge, political button, or other  
political insignia may not be worn at or
about the polling place on primary or election day.
11 See MONT. CODE ANN. § 13-35-211(2) (2005) A person may not buy,  
sell, give, wear, or display at or
about the polls on an Election day any badge, button, or other  
insignia which is designed or tends to aid or
promote the success or defeat of any candidate or ballot issue to be  
voted upon at the election.
12 See N.J. STAT. ANN. § 19:34-19 (2005) No person shall display,  
sell, give or provide any political
badge, button or other insignia to be worn at or within one hundred  
feet of the polls or within the polling
place or room, on . . . election day.
13See N.Y. ELEC. LAW § 8-104 (2005) 1. While the polls are open. . .  
no political banner, button, poster
or placard shall be allowed in or upon the polling place or within  
such one hundred foot radial.
14 See S.C. CODE ANN. § 7-25-180 (2004) (A) It is unlawful on an  
election day within two hundred feet
of any entrance used by the voters to enter the polling place for a  
person to distribute any type of campaign
literature or place any political posters. (B) A candidate may wear  
within two hundred feet of the polling
place a label no larger than four and one-fourth inches by four and  
one-fourth inches that contains the
candidate's name and the office he is seeking. If the candidate enters  
the polling place, he may not display
any of this identification including, but not limited to, campaign  
stickers or buttons.
15 See TENN. CODE ANN. § 2-7-111(b) (2005) (1) Within the appropriate  
boundary as established in
subsection (a) [100 feet from the entrances to the building in which  
the election is to be held], and the
building in which the polling place is located, the display of  
campaign posters, signs or other campaign
materials, distribution of campaign materials, and solicitation of  
votes for or against any person, political
party, or position on a question are prohibited. No campaign posters,  
signs or other campaign literature
may be displayed on or in any building in which a polling place is  
located. . . . (3) Nothing in this section
shall be construed to prohibit any person from wearing a button, cap,  
hat, pin, shirt, or other article of
clothing outside the established boundary but on the property where  
the polling place is located.
16See TEX. ELEC. CODE ANN. § 61.010(a) (2005) [A] person may not wear  
a badge, insignia, emblem,
or other similar communicative device relating to a candidate,  
measure, or political party appearing on the
ballot, or to the conduct of the election, in the polling place or  
within 100 feet of any outside door through
which a voter may enter the building in which the polling place is  
located.
17 See VT. STAT. ANN. tit.17 § 2508(a) (2005) The presiding officer  
shall insure during polling hours
that: (1) Within the building containing a polling place, no campaign  
literature, stickers, buttons, name
stamps, information on write-in candidates or other political  
materials are displayed, placed, handed out or
allowed to remain.