Update on Freedom to Wear Buttons and Shirts into Polling Place While Voting

[JPZenger]

The fight is not yet over whether a voter in PA is allowed to wear a campaign button or a shirt with their candidate's name on it while they vote.

Here is the letter from the PA. Department of State's Commissioner of Elections that went out to all counties in PA. telling them to not turn away voters for simply wearing a button or a shirt promoting their candidate. "Active" campaigning inside a polling place is still prohibited, but simply wearing a button is considered "passive."

http://www.aclupa.org/downloads/PassiveElectioneering.pdf

However, the PA. Republican Party is still fighting the issue in Commonwealth Court. Montgomery County (one of the most populated counties in PA) is saying they will turn away voters. The head of the Montgomery County GOP, Kern, wrote an editorial in the Phila. Inquirer Sunday saying that
voters should be turned away for wearing a button or a shirt. (FYI - Mr. Kern's predecessor in that role, Bob Asher, had spent time in prison for political corruption).

The ACLU and the PA. Democratic Party say it is an attempt to intimidate voters, especially younger first time voters. It could particularly be an issue in a polling place with long lines (which often happens near colleges), if a person has to leave to change their shirt just as they are ready to vote.

Here's excerpts from a recent news article on the issue:

http://www.dailyamerican.com/articles/2008/10/06/news/state/s_news178.txt

"Montgomery County, a highly competitive political battleground in suburban Philadelphia, is sticking with its policy banning voters from wearing political buttons or related attire into the polls.

Douglas Hill, executive director of the County Commissioners Association of Pennsylvania, said he had no hard numbers but that he believes the 67 counties are now evenly split on the question. Prior to the issuance of the state's memo, he said, more counties banned the wearing of politically polarized clothing and buttons at polling places.

...state elections commissioner Chet Harhut ...stressed the importance of not depriving citizens of their right to vote and said local officials should allow voters to wear partisan attire "if such electioneering remains passive and the voter takes no additional action to attempt to influence other voters."

Several counties, such as York and Lehigh, said recently they will not kick out voters for wearing a political button or shirt.

[JPZenger]

1. Problem in Montgomery, Carbon, Monroe and unkown other counties

So far, I found that a ban on political clothing is being enforced in Montgomery, Carbon and Monroe Counties, plus unknown others. (The AP article said half of the counties are enforcing it). I found that Lehigh, Berks, Centre, York and Philadelphia said they will not ban political clothing.

(Buttons and hats are less of an issue than shirts, because they can be easily put away)

[JPZenger]

2. Del. Co. Tried to Disqualify Students who changed dorm rooms

I just read an account of what happened several years ago in Delaware County, PA. At the time it was a Republican machine-controlled county. It is west of Philadelphia. There was a hotly contested race for congress by Dem. Bob Edgar (now head of the National Council of Churches). The county refused to let college students vote if they had changed dorm rooms from the address on their registration. Activists had to carpool the students down to the courthouse to emergency hearings so they could vote.

[LynneSin]

3. I think this whole law is bullshit but we should NOT take chances

BTW, the daily comic strip "Jump Start" is doing a piece on it

[JPZenger]

4. Update: Counties Gradually Giving in and allowing shirts

http://www.mcall.com/news/local/all-a1-5wear.6626028oct18,0,6129226.story

"Carbon and Montgomery county officials have eased rules that would have prohibited the wearing of clothing with political messages into the polls. Carbon County commissioners opted Thursday to allow voters to wear clothing or accessories with political messages as long as they aren't actively trying to solicit votes. In Montgomery County, the commissioners decided Thursday to allow shirts or clothing with a political message, but will require voters to remove pins, buttons or hats that tout a candidate.

But voters who want to wear their ''No-bama'' T-shirt, or ''McBush'' hat into the polls in Monroe County still face a fashion emergency. That county maintains its ban on political clothing within 10 feet of the polls.

Bucks County voters will have to wait to find out what not to wear.

Voters in Lehigh, Northampton, Schuylkill and Berks counties can wear whatever politically expressive clothing they want on Nov. 4."