RICHMOND - With one week until Election Day, the American Civil Liberties Union of Virginia says it’s too late to file a lawsuit that seeks to overturn a state policy banning political apparel at the polls.
But the group believes the policy violates constitutional free speech protections, and ACLU officials Wednesday said they plan to join two other advocacy groups to file a post-election lawsuit hoping to have courts strike down the policy going forward.
Meanwhile, another lawsuit filed against the state earlier this week alleging unfair election practices that was scheduled to be heard in a federal court in Richmond this morning was canceled.
That suit claims that the distribution of voting machines in Norfolk and Virginia Beach, among other localities, could lead to long lines and disenfranchise voters.
As for the pending ACLU suit, it is somewhat predicated on the Election Day accounts of voters.
“Voters need to tell us their experiences so we’ll know how and where this unconstitutional rule is being enforced and what action we need to take,” said ACLU of Virginia executive director Kent Willis about the political clothing ban.
While avoiding comment on a pending lawsuit, State Board of Elections spokeswoman Susan Pollard said officials are “most appreciative that it is going to be filed after Election Day.”
“Right now, we’re focusing all our efforts on Election Day, to be as prepared as possible,” she added. “And we are following Virginia law.”
Responding to questions from local registrars around the state, state election officials earlier this month approved a policy that bans political shirts, hats, buttons and the like from being worn by voters within 40 feet of a polling place entrance on Election Day.
State law prohibits the distribution of campaign literature within those polling place neutral zones, but is ambiguous on the issue of political garb worn by voters.
To remedy that confusion, the State Board issued an interpretation of the law that restricts political clothing.
In a written explanation of the policy interpretation sent to registrars last week, the State Board indicated it is “charged with ensuring uniformity in the implementation of Virginia’s election laws,” further noting that the “policy is not intended to keep a qualified voter from voting.”
That document, dated Oct. 23, instructs registrars to advise voters wearing political paraphernalia to conceal or remove those items.
If a voter refuses, they are to be allowed to vote and their name is to be forwarded to local prosecutors. Such voters could face criminal penalties. In addition to Virginia, polling place dress codes have become in issue in other states this year; the ACLU is involved in a similar lawsuit in Pennsylvania.
Locally, election officials in Virginia Beach have told poll workers not to worry about enforcing the clothing policy. State Board official are in discussions with Beach officials about that stance, Pollard said.
In Chesapeake, the policy will be enforced as it always has been, but not forcefully so, said Al Spradlin, chair of the city Board of Elections.
“We’re not going to create any scenes,” Spradlin said. “We have enough things to do on Election Day. We’ve told our people ‘if somebody gives you a hard time, just let them vote and get out of there.’”
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Desert Divine
Calling the election a 50-50 gamble is not something I would do.
There *are* objective facts out there, not just soundbites from the candidates. Do you really not believe their past lives might be predictive of their future lives in any way? Cheers, MGM
I've said it before...
and I'll say it again, by the time one arrives to the poll to cast the vote, one more than likely has already decided for whom one will vote. Having said that, this whole issue is frivolous, from the Election Board's policy to the ACLU's lawsuit. I personally don't care who votes for who. I encourage people to vote to their conscious. We all have varied views on what and who is best for the country, so no one majority/minority is right or wrong, but we all must be prepared to mitigate the consequences of whomever is elected, whether we like the guy or not. If we find we don't like the elected president, either suck if up for the 4 years or impeach. We have options, it's just a matter of exercising them. I'll leave you with this thought - neither candidate may be all they're hyped up to be, but at the same time, either candidate may pleasantly surprise us in office - it's a 50/50 gamble either which way...
Does Voting While Wearing Sack Cloth & Ashes...
Constitute a violation of the electionwear statute?
Blah, blah.
You know, I'm really searching for a reason to even bother to vote. But for the life of me, I can't find one. Either one of these guys is going to be a scrwjob for the average Joe. Then we have infomercials, wearing the candidate on our sleeves, and a cast of thousands milling around the ballot box to make sure no "shenanigans" are occurring. Think I'll call that voter hotline and report that I've been disenfranchised, by campaigns that have become nothing but a circus of absurdity.
rights
no one is going to ask you to remove any of your buttons shirts hats or whatever,i can say that only about VA Beach.you will be required while you are voting to keep your opinions to yourself and not bother other voters.you can say your mind 40 feet before you get to the polling entrance/exit.if you start campaigning inside that area you will be asked to go outside until you can mind the peace.those are the facts.what you wear or who you vote is explicitly your right as a citizen.as far as the ACLU goes in my opinion they are good money wasted.that organization used to be a decent one but like most they have to trump up business to stay in business,and are very selective of taking only high profile cases.vote for your candidate and vote in peace and god bless all of us.
Is this really an issue?
I see the ACLU says the lawsuit will be as big as the anecdotes they get from the public on election day. Doesn't that mean they are fishing for an issue? Cheers, MGM
Groan! Voting comments
It seems everyone that has posted comments thus far, are completely ignoring the fact that Virginia Beach election/voting officials will NOT be enforcing the dress code. Read the article! Virginia Beach voting officials WILL NOT BE enforcing the dress code policy! I repeat: Va Beach voting/election officials, as stated in the article, will not be enforcing the dress code policy! Stop creating panic, fear, dis-information, distrust, smear tactics, propaganda, etc. I will not be intimdated! I will not be scared off by opposing views or opinions! I will not be threatned by some political party that apparently wants to try and stir up trouble, in particular the Libertarian Party. Why cause a problem? Why try and create problems?
"Things that really matter"
Your First Amendment right to free political speech is being curtailed, in the absence of any demonstrated harm to anyone, not by a court of law, nor by your elected General Assembly, but by an appointed, unelected board which is going far beyond the mandate given by the General Assembly to impose its PREFERENCE for a politically bland polling place.
It that doesn't matter to you, you need remedial history. Rights are not lost all at once, they are nibbled away, first in little bites and then in ever increasingly larger and more sweeping abuses until resistance is met. If we wait long enough to resist, no amount of resistance will stop and emboldened bureaucracy from dominating our lives.
So, yeah, this really matters.
Freedom & Liberty - or not?
Our Government exists to protect our Liberty and Freedoms, not oppress them. As American citizens we are free to wear whatever we want to go to the polls and cat our votes. I am suprised that some that post here would disagree with this and instead feel that others should be prevented from wearing what they wish.
Wear RED ;-)
By the time people are lining up at the polls, I'd say that 99% have already decided who to vote for and won't be swayed. But maybe we should require Democrats to wear all blue, and Republicans to wear all RED when they go to vote. ;-)
Isn't there something more worth legal action and news coverage than this?!?!
Not to worry
This is too trivial to worry about. Just get out there and vote! Ignore the polls -- they've been wrong before. Don't let anything stop you from voting on election day (or earlier!).
BLAH ! BLAH! BLAH!
A bunch of hooey about nothing ! I'm wearing my Hussein Obama T-shirt that says he is a socialist. If they try to stop me from voting, they are going to have the courts to deal with. ...Let me see,....how much money can I get for this...........ummmm!
I can't
believe that this is being hyped this much...I still can't believe folks wear political attire. I think my vote is only my business therefore I choose not to wear anything affiliated with the election. If you want to wear the stupid shirts and buttons..just friggen cover them up..it's not that difficult..put on a jacket...zip it up while you're inside the voting place..and unzip it when you come out...I wish people were this determined about things that really matter.
Re:Tidewater Libertarian Party
Tidewater Libertarian Party voted to fight nanny-state decision
Submitted by Reid_Greenmun on Wed, 10/29/2008 at 2:22 pm.
"...having our members wear campaign apparel and political buttons when attempting to vote and if prevented from voting, demanding the right to cast our vote".
To be honest, that statement along with Reid and the TLP scare me. While I appreciate their efforts in regards to challenge the State Board of Elections and while I agree with them in principal, they apparently did not know, have not acknowlegded, and/or did not read in the above article,stating that Virginia Beach voting officals will NOT be enforcing the dress code policy. I sincerely hope that the TLP will not try and make a scene at any polling place in order to get their message across. The post by Reid makes it sound as if they plan to push the issue, and make some sort of scene on purpose. Why push the issue Reid?
political-apparel ban
If you're going to put political-apparel ban on the people, then the cronies that hand out fliers for their respective parties should be banned also. I expect to vote, not be treated as I'm at Sears. What other right can we get taken away from us?
Give me a break
I believe "guidance" was already given to the polling stations that enforcement won't occur. So why the need to further tie up our courts and add additional tax burdens upon us? You want to protect my rights? Quit suing over nonesense!
Americans with Disabilities Act 1990 -- Violation of it
Proceeding with this action without regard to the sight-impaired clearly appears to be in violation of the Americans with Disabilities Act of 1990, which the ACLU and other groups vigorously supported. People with impaired vision should be allowed to use recordings or vocalizations to be able to hear political statements that they otherwise may not be able to see. If this proposed suit doesn't include stipulations for the sight-impaired then it is an unconscionable anti-disabled effort. Disabled people are voters, too. Audio recordings, singing, reading of political statements should be allowed to enable them to participate as well. Otherwise this buttons, shirts and hats effort is just a sham.
What's the big deal?
Just take off the button. I have voted in PA, NJ and VA and all of these states have the same rule: no campaigning at the polls. It's a simple concept. I don't feel my rights are be compromised just because I can't wear an Obama T-shirt or a McCain pin when I vote.
Also, who pays the legal costs of the state having to go to court over this issue? I'm thinking it's me - Joe the Taxpayer. Just my 2 cents.
Tidewater Libertarian Party voted to fight nanny-state decision
The Tidewater Libertarian Party (TLP) recently voted to challenge the State Board of Elections (SBE) interpretation of the state code as it related to what we can wear when we go to the polls to cast our votes. Our members believe is an unconstitutional infringement of our Constitutional rights. The TLP plans to force the matter to court by having our members wear campaign apparel and political buttons when attempting to vote and if prevented from voting, demanding the right to cast our vote. We issued a press Release to announce our intentions. Once more brave TLP members will take a principled stand in support of our freedoms and liberty. We are pleased the ACLU decided to stand with us.
Yawn!!!
Solve the problem
Vote naked!!! Show your moose or goose!