You shouldn't have to wear a Hefty bag to vote.
Yet that's what some voters will be sporting if they refuse to turn their "Obama for President" T-shirts inside out or remove their "I ♥ Sarah" campaign buttons on Election Day.
Perhaps you heard. Virginia election officials on Tuesday approved a policy that bans political apparel - including campaign buttons and T-shirts - on the bodies of voters.
We now have a state-imposed dress code. Lucky us.
Worse, the chairman of the State Board of Elections apparently believes voters who arrive at the polls cloaked in campaign garb should be issued coverups.
In a story in Wednesday's Richmond Times-Dispatch, Jean Cunningham suggested that registrars might want to stock up on choir robes.
I'm not making this up.
Cunningham mentioned that she once saw a voter don a black plastic bag in order to vote.
She didn't seem appalled by that.
On Wednesday, the election board's policy advise r and author of the new rules, James Alcorn, told me that some officials already have ponchos, oversized coats and garbage bags (with holes conveniently cut out for heads and hands) for voters who refuse to remove their campaign gear or who can't take it off without violating indecent exposure laws.
Garbage bags. Flasher coats. Ponchos. Talk about voter intimidation.
The law that the state board "clarified" this week is 24.2-604 and has been on the books for years. It prohibits electioneering within 40 feet of a polling place and is the reason those partisan pests with the literature and fake ballots leave you alone once you get close to the doors.
Alcorn said various Virginia registrars have interpreted the statute differently. Some refused to allow anyone to vote if they were wearing political garb. Others didn't care. So some uniformity was needed.
Pity the board didn't err on the side of free speech.
Wearing a political T-shirt is not the same as actively campaigning for a candidate, said Kent Willis, executive director of the Virginia chapter of the American Civil Liberties Union. He noted that a T-shirt with a candidate's name on it can be a simple expression of personal preference, not necessarily an attempt to win others over.
"You have a right to silently express your own opinion," Willis told me.
Not in Virginia. Not anymore.
Willis said the ACLU has no objection to laws that limit "in-your-face advocacy" in the "sanctity of the polling place." But dictating what one can wear while voting is relatively rare, Willis said, noting that only about 10 states have similar restrictions.
But honestly, who cares if the guy one booth over is wearing a political button?
Alcorn said the election board wants Virginians to be able to vote "freely and without intimidation" and added that some might be intimidated by the mere sight of campaign buttons.
Please.
With a little luck, the General Assembly will rein in election officials with a bill that was introduced in the last session and carried over to the next.
HB619 exempts personal political apparel from the list of prohibited polling-place activities.
Every good piece of legislation needs a nickname. Let's support the Hefty Bag Elimination Act of 2009.
Kerry Dougherty, (757) 446-2306, kerry.dougherty@cox.net





Kerry Dougherty
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The others in this post who support wearing whatever they and
consider it a freedom of expression have rocks in their heads. The courts have rightly held that you have freedom of expression as long your expression does not cause rioting. You do not have the freedom of expression to yell "fire" in a crowded theatre when there isn't one. Again, how far is too far? You will have people wearing incendiary t-shirts, buttons and clothing. Will it be okay for Klansman to come to the polls with their robes? Will it be okay to wear a button that shows a candidate hanging by a noose? Will it be okay to have a button that shows a candidate wearing a dress, Nazi uniform or Turban? Guess what, some fools will do it.
I'm all for keeping the polling booth a neutral site where a voter's outward freedom of expression is prohibited. If you feel otherwise you are just asking for trouble and fights.
Kerry would be right on this subject if everyone could do
2 things: One keep they're display of support for their candidate or party less than incendiary and that everyone can get in and out of the polling place in a few minutes. Kerry is right staring at a simple t-shirt with "Obama in '08" for a few minutes isn't going to or shouldn't irritate anyone. However if you are one of the unfortunate ones where your polling place failed miserably and you had to wait hours in line to vote, staring at an outward indicator of how other people in line are voting for hours may not only be irritating, it make encourage feelings of futility such that you give up and leave. I thought voting was supposed to be a secret such that no one knows at the polling place how you are voting. I don't want to know how others in line are voting or leaning.
If we do allow buttons and t-shirts where does the line get drawn and who draws it? If this is allowed you can be sure some will take it beyond simple slogans. Will it be okay to wear a t-shirt that shows a candidate burning in effigy? Will it be okay to wear t-shirts supporting the KKK?
The Facts
Wrong. First of all, Gov. Kaine only appointed two of the three members of the SBE, and the Board's recent statement was unanimous in principle. But the real point is that the Board is only doing what state law says, and the law has been on the book for decades. This has nothing to do with politics. Perhaps the law is a bad idea, or perhaps it's even unconstitutional, but you can't blame it on the governor.
Hungadunga, Hungadunga & McCormick For President...
Despite the caterwauling & protestations of the “I KNOW MY RIGHTS” crowd, I think that keeping polling places free from all forms of partisan branded hucksterism, tchotchkes, sloganeering & spin is a darned good idea.
A few moments, once every 4 years, spent in a more tranquil & less politically distracting environment, just before casting their ballots, could possibly cause voters to reflect more thoughtfully on what & who it is they’re about to vote for.
Any strategy that improves the chances of electing a more intelligent, more accountable & better quality of governance, is just fine with me.
Gov, Kaine appointed the people that made the decision
To all of the Obama voters that object to this - realize that Democratic Gov. Tim Kaine appointed the people that decided to take away your right to wear whatever you want when you cast your vote.
Control Freaks
When are Virginians going to let their representatives know that we're sick of the excessive laws and regulations? We are already the joke of the country. Our ridiculous, oppressive, over-the-top laws only help to accentuate our hill-billy, redneck, ultra-conservative, bible thumping reputation.
I will wear my Obama t-shirt and I will vote. It is my right as a citizen of the United States.
Contact your representatives to express your outrage. We're mad as hell and we're not going to take it anymore!
Will of The People
This seems to be another one of those laws passed in order to disqualify someone from voting should they not know the law. Whatever your party affiliation, and whoever you support, you should be for allowing our democratic process to take place, which means counting every vote. If allowing votes to be uncounted is the way that your candidate wins the election, then the will of the American people was not followed. I'm an independent who is leaning Obama, but if McCain were to win because the people want it to be that way, then so be it. The people are more important than any citizen, including the president. I believe that we dealing with such problems now, domestically and abroad because the will of the people wasn't followed in 2000. And, I was on the fence in that election, so I didn't get up in arms about it. But, the true will of the people being followed would have allowed a more unified country, and in hindsight, would have saved us from a lot of caused by the administration that was elected.
BTW - Since the election seems to have turned to the character of Barack Obama, I thought I'd post a link to an article about the character of John McCain. It's not from some
Good Gawd...
November 5th can't come soon enough.
Oh, wait! Forgot about the incessant reports about voter fraud, disenfranchisement...yada yada yada.
Maybe I should write January 20, 2009?
No, no. That ain't gonna work either. That'll be the start of the "Impeach (insert name here) for (insert whatever reason here)".
Ya'll wanna sue - go for it. Just don't ask for monetary damages. Do it for the principle of the matter. Suing for money costs your neighbors, friends, and family.
Reality Check
"You shouldn't have to wear a Hefty bag to vote," according to Ms. Dougherty. You don't. Wear anything that doesn’t violate state law. If that law is unconstitutional, sue.
“We now have a state-imposed dress code," she continues. No, we've had one for decades. One official “believes voters … in campaign garb should be issued coverups." Would you rather they be sent home? Something “with a candidate's name on it can be a simple expression of personal preference…" True, but most are printed by the campaigns to get votes, not homemade items.
But let's say they’re all homemade items. Is it really fair to make a voter stand in line for hours, staring at the shirt in front of them that reads " McCain is a lying racist" or "Obama is a dirty foreigner?" It's not about maturity or thick-skinnednes. It's about having one small patch of neutral turf on which to cast your vote.
Intimidation
The VA Elections Board, in it's infinite wisdom generated by a "majority" of 3 people, is apparently worried that voters will be intimidated if someone wears a politically themed button, shirt, etc. while in the voting hall. In my humble opinion, it's the election board that is more intimidating by issuing and passing it's archaic decision which treads on free will and one's right to silently express free speech. As mentioned before, I don't feel intimidated by voters who wear apparrel that supports their political choice. And in my strong opinion, the elections board, all 3 of them are drunk with power and need to be voted out. Absolute power corrupts absolutely.
Oh Please!!!
Conspiracy theorists give it a rest. It is just a bunch of myopic micromangining Richmond bureaucrats trying to look important by making decisions about an issue that wasn't a problem until they made it one. It is much like the ban on signs at UVa football games. It wasn't a major problem until the ban made it one, and the backlash caused the university to backdown. That is what needs to happen here. Ponchos, trash bags? You have got to be kidding. All that for the short time it takes to cast a ballot so that you don't offend or attempt to silently persuade someone voting for a different candidate. Cast your ballot Nov. 4th and remember the First Amedment and what it used to mean.
What about my T-shirt that says snobama?
Really, it is a ski resort in Alabama...
Interesting, according to the SBE website:
"Any person who does so shall be asked by the officers to cease from showing, displaying or exhibiting the material, object, item, advertisement, or piece of apparel, or to remove or cover it until they leave the prohibited area and polling place."
Does this mean that they will only ask?
Joe the plumber...
You do not need to be licensed or registered if you are working for another licensed plumber, which he is.
I'm sorry to say
"Alcorn said the election board wants Virginians to be able to vote "freely and without intimidation" and added that some might be intimidated by the mere sight of campaign buttons."
But if you are that easily intimidated, perhaps you shouldn't be voting at all.
Law of the Land
Freedom of Speech
Not surprising. It's not the first unconstitutional law they have passed.
Wear your buttons and shirts & get paid!
Re: Joe The "Planted" Plumber...
Sorry Gertz, but your’e way off base on this one... Obama was stumping in Ohio & at the end of his speech decided to a Meet-n-Greet with the locals. Along with the usual hand shaking & baby kissing, he got the bright idea to engage some of them in a one-on-one Q&A session while the cameras were rolling. Obama approached Joe & shook his hand & that’s when Joe asked Obama to more fully explain his position on income taxes. The rest, is history as they say & Obama laid out his “wealth sharing” philosophy.
If “Joe The Plumber” was a Republican plant, then Obama should firstly, be firing his senior campaign advisers for not making sure the crowd was stacked with dyed in the wool Democrats.
Secondly, Obama should be kicking his own rear end for going off-script & making himself look foolish in front of the cameras.
about Mccain and Joe the plumber
Apparently McCains campaign needs to be thrown in the trash as well. According to ABC New tonight, Joe the Plumber isn't even a registered plumber after all, has tax liens filed against him, and his name isn't even Joe, it's Sam.
Now tell me this man wasn't set up by the McCain/Palin Rove campaign.
Media PC police
The media political correction socialist police have invaded the voting system. They don’t want to see any McCain –Palin, Forbes or Gilmore shirts. See this election is about defeating the media this year.
Re: ltcwb
Good grief. Sounds to me like you really hope and pray you'll be refused entrance to the polling station just so you can sue someone. The Great American Dream: "If I don't like what you're doing to me, I'll sue you for a gazillion dollars."
I, for one, don't wear any political garb. Why? Because it's none of anyone's business who I'm voting for. But that's my right. Wear what you want, but don't dip into my pocket because you feel "damaged" for flouting a pre-existing federal law.
Why wait for the legislature?
Where is Attorney General on this issue and why isn't he asking for a restraining order or an expedited decision from the State Supreme Court.
This issue hasn't risen to the test established in Bradenburg vs. Ohio which held that imminent danger of riot must be shown in order to curtail speech.
I can't believe I'm going to say this; the ACLU is right about silent speech. Electioneers can be controlled at polling places but voters, conducting themselves in a peaceful fashion, are off limits to this kind of restriction.
Being made to wear a trash bag in a public place, in front of neighbors and friends, is a public humiliation being visited by the State. It is only a short step from this to banning this same material in any public place.
In my opinion, any one that is weenie enough to be intimidated by a campaign button has no business voting in the first place since they are obviously to cowed to think straight.
This is the same kind of thinking on the part of the State government that gave us the unconstitutional Regional Taxing Authority and tried to fine Va citizens at a higher rate than out of stater's.
This is an undue expense since now I have to go buy a T-sh