By Lauren King and Malcolm Venable
Virginia is a battleground state in more ways than one.
When voters go to the polls Tuesday, they may have a fight on their hands if they try to wear clothes or accessories that show their political spirit.
Noting the passion of the race and the potential for record voter turnout, the State Board of Elections recently reiterated long-standing rules against campaigning within 40 feet of a polling station. The board caused a stir when it reminded everyone that the rules include apparel that "expressly" supports a candidate or issue.
Some folks have complained that this will cramp their style, not to mention their right to free speech, and the ACLU has threatened to sue after the election.
Locally, Virginia Beach has said it will not enforce the rule. In other places, it will be up to the poll workers to interpret the state policy.
That leaves a lot of questions for citizens trying to dress for their mood in the heady rush of Election Day.
We asked Al Spradlin, chairman of the Chesapeake Board of Elections, to give his opinion on some items that committed voters - or pranksters - might be tempted to wear.
THE RULINGS:
The Nobama hat would be a no-go in Spradlin’s polling station. “That would be intimidating. It would make an Obama voter mad, and we don’t need that.” The foam donkey also would have to be left in the barn. Too political.
These flip-flops (including the McCain-head version) were some of Malcolm Venable’s favorite campaign kitsch this year. But Spradlin said, “Holy mackerel. If I saw them, I’d ask them to take them off. They might slip past a precinct worker though – I don’t know how many of them will be looking at your feet.”
Spradlin said this “Hopeless” T-shirt “wouldn’t fly. The up-do hair and glasses is going to tell you automatically who they are talking about.” Sarah’s ballot buddies might not cotton to that.
Think a cup of coffee might make you more alert for voting? “There are no cameras, cell phones and no food or drink allowed” in polling stations, Spradlin said. “That would eliminate this.” Good to know.
A Sarah Palin doppelganger? “She might get mobbed by reporters, but she won’t get mobbed by me,” Spradlin said. “As long as they have picture I.D., they could vote.” But what about that Joe the Plumber tool belt? The belt would be ok. But no pointy tools or hammers, Spradlin said. “Those machines are expensive. And it could be considered a weapon.”
All kidding aside, Spradlin’s comments show just how subjective the decision-making about over-the-line election wear might be on Tuesday. When in doubt, leave it ... off.
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I wonder...
I have noticed sometimes that the election workers have a special parking space closer to the building. I wonder if they are told that they cannot park within 40' of the building if they have a political bumper sticker?
Duty of a Citizen to assert rights
No, the SBE did not reiterate a long standing policy, it went far beyond the authority given it by the General Assembly. Section 24.2-604 Section D-iii is the only mention of what a voter may not do, "D. It shall be unlawful for any authorized representative, voter, ... (iii) solicit or in any manner attempt to influence any person in casting his vote;....
Quietly exercising our First Amendment right to express our own opinion by wearing some insignia of our party or candidate is protected speech. Haranguing other voters, or intimidating those who wear the insignia of some other party or candidate would indeed meet the criteria for exclusion of the GA, but the SBE chose to expand on the will of the legislature to impose its own PREFERENCE for a bland polling place, and in doing so they have exceeded their mandate.
Such sweeping limitations on our rights, if attempted at all, should be by the explicit vote of the GA, not the machinations of an appointed board.
The Point
Maybe they should outlaw pens, pencils, and sharp pointy fingernails. All can be used as weapons, and definitely, no pointy-toed shoes, either.
Virginia beach idiots
"Locally, Virginia Beach has said it will not enforce the rule." Am I the only one who takes offense to the fact that this is the law and in essence Virginia beach is saying they won't enforce this law. Who are they to pick and choose which legislation they choose to follow. This isn't a circus, if you want to dress up halloween was last friday. Its hard enough to get people at the polls w/o idiots playing dress up.
Free Speech
If a poll worker violates your constitutional right to free speech contact the ACLU and get paid.
One thing government understands is having to pay for their mistakes.