First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

Ky. voters can sport Obama buttons, McCain caps

By The Associated Press
09.26.08

FRANKFORT, Ky. — Whether it's Obama buttons or McCain caps, Kentucky election officials say voters may wear campaign paraphernalia to the polls on Election Day.

The state took the unusual step of instructing workers about proper attire for voters after e-mails circulated warning Obama supporters to leave the shirts and pins at home — or risk being turned away. The confusion caused by the e-mails has prompted accusations of shady maneuvering by both sides in the weeks before an election expected to draw a record number of first-time voters.

The presidential-paraphernalia issue, which has caused confusion in Nebraska, too, came up in Kentucky after e-mails circulated warning Obama supporters that they would be turned away from polls if they wore anything showing support for the Democratic nominee.

"Please, please, please advise everyone you know that they absolutely can not go to the polls wearing any Obama shirts, pins or hats," one says, warning that it's against the law and could get people booted from the polls.

Kentucky Secretary of State Trey Grayson, the state's top election official, said yesterday he would advise people not to wear campaign paraphernalia to avoid violating the law against campaigning at the polls. But he added: "We want to reassure voters that, although there is an electioneering ban in place, they should not be turned away from voting just because they are wearing campaign materials.

Kentucky Board of Elections attorney Katie Gabhart said the First Amendment right to free speech dictates that voters can wear what they want. But she warned that local authorities could try to press charges if someone were dressed like "a walking placard."

The Obama campaign's Kentucky director, Kenya McGruder, said the e-mails appear to be a trick. "This is something we're going to have to deal with as a campaign," she said. "It's not right, but it happens."

Larry Sabato, director of the University of Virginia Center for Politics, called the barrage of e-mails "a dirty trick" aimed at suppressing Democratic voters. "It is terribly wrong," Sabato said. "Tragically, it is all too common. One would hope the people responsible could be caught and prosecuted."

McCain's Kentucky campaign chairman, state Senate President David Williams, said it appeared to him that the Obama campaign was trying to fire up Democrats. "It's the oldest Democratic trick in the book, to try to convince people they're going to be disenfranchised," Williams said.

A Kentucky attorney general's opinion issued in 1992 said the First Amendment allows voters to wear T-shirts, buttons and other accessories. State Board of Elections Executive Director Sarah Ball Johnson said her agency still considers that opinion relevant.

Although Nebraska Secretary of State John Gale said it was inappropriate to wear apparel supporting a candidate or issue into a polling place, he said yesterday that the circulating e-mail "wrongly concludes that voters will automatically be turned away from the polls if they arrive wearing campaign items."

Items such as hats, stickers or pins can easily be removed, and T-shirts could be turned inside out or covered, Gale said. "It is certainly not our intent in Nebraska to arbitrarily refuse citizens the right to vote," he said.

In Pennsylvania, the Department of State notified local election officials earlier this month that wearing buttons and T-shirts with candidates' names was not grounds for preventing people from voting. People can wear what they want as long as they don't try to campaign in polling places, the department said.


Related

Pa. poll workers won't act as fashion police

Apparel shouldn't matter as long as individual doesn't try to campaign inside polling place, says state elections commissioner. 09.09.08

Va. officials ban campaign apparel at polls

ACLU says restriction violates free speech, but Board of Elections says it must also consider individuals' right to vote free of undue influence or tension. 10.15.08

Union challenges ban on campaign apparel at Mich. polls
Secretary of state spokeswoman says ban, around since the 1950s, is intended 'to preserve the sanctity of the polling place.' 10.20.08

Ariz. voters can't don political garb at polls
ACLU asks for clarification of rules; Secretary of State Jan Brewer rejects group's interpretation of dress code. 10.22.08

Issue of what not to wear emerges as voters go to polls
By Courtney Holliday Some states clarify existing restrictions on campaign apparel in polling places, others enact bans. 10.27.08

Federal judge: Mich. can bar campaign attire at polls
Labor union had argued that ban on political apparel violates residents' freedom of expression, right to vote free from intimidation. 10.29.08

News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Friday, November 20, 2009 | 18:58:59
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links