The Truth
those scary e-mails about voting and wearing buttons
2008-09-25
By Brian Gilmore

Okay, stop the madness. My e-mail in-box is consumed with the same e-mail. The Republicans are at it again, telling people that if you show up with an Obama shirt on or an Obama button on at your polling station, you cannot vote, you will be turned away.

Is that actually true?
Well, yes, in some states they CAN turn you away but you still can vote. Just get rid of the political paraphenalia. Wearing it is called electioneering and the one place you cannot do it, in many states, is inside the polling area. Several states have these laws. They establish what are called “campaign free zones.”  The U.S. Supreme Court upheld such a law in a case called Burson v. Freeman back in 1992. The law stated as follows:

"Within the appropriate boundary as established in subsection (a) [100 feet from the entrances], of 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 or political party or position on a question are prohibited."

The law was challenged on First Amendment grounds. The Supreme Court recognized that people have a right to express themselves freely but also stressed that the court had a compelling interest in maintaining the integrity of the election process. The court upheld the law for the most part, and other similar laws around the nation. Depending on where you vote, that safe zone may be 100 feet or up to 30,000 square feet. But the distance is not materially relevant.

To a certain degree, the laws make sense. Imagine voting in a hostile, red state, and there was no law prohibiting campaigning within the polling station. People might find themselves surrounded by McCain-Palin placards or some guy with a bullhorn yelling “Death to Democrats” (perhaps this is happening anyway).  Basically, the law establishes a safe zone to vote without threats or intimidation.

But, you may be thinking, hasn’t someone, by the time they get 100 feet from the voting booth, pretty much made up their mind? How would a button sway someone’s decision?

The fact is, many so-called “undecided voters” remain undecided until the moment they pull the lever, punch the chad or touch the touchscreen. One button or one t-shirt is unlikely to influence their decision, but a roomful of neighbors waiting in line to vote – all with Obama pins – could indeed intimidate an uncommitted McCain voter into following the crowd.

I still have some problems with the laws, but I do understand what the laws are trying to accomplish. In other words, I don’t necessarily think this is going to be a problem on November 4.

Nevertheless, if you want your vote to count, for the sake of history, do the right thing: don’t wear any of that gorgeous candidate gear on Election Day to the polling station.  Remember, this is history, folks; you want to be a part of it.  And if you do make the mistake and are told there is such a law in your state, kindly remove your gear, get back in line and vote.
 
Brian Gilmore is a public interest lawyer in Washington, D.C.