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Virginia Beach poll workers won't enforce political attire ban

Posted to: Elections News Virginia Beach

VIRGINIA BEACH

Poll workers won't be acting as fashion police here on Election Day.

The Virginia Beach voter registrar has instructed workers not to worry about enforcing the state's new ban on political T-shirts, hats and buttons inside precincts.

Virginia's policy against political attire could spark unnecessary confrontations between poll workers and voters and cause further delays in voting, registrar Pat Harrington said.

"It's a very impractical thing to enforce," sai d Jag "Buddy" Parrish, chairman of the Virginia Beach Electoral Board. The three-person board unanimously agreed earlier this week to ignore the attire policy.

"It seems like a tempest in a teapot, when you have colossal issues to deal with in this election," said Tim Barrow, secretary of the Virginia Beach board.

Barrow said poll workers will have enough to do checking the poll books and dealing with long lines and the large number of first-time voters who are expected to need help.

Beach officials said they have reached out to the parties asking that they discourage their partisans from wearing political garb.

State officials said Friday afternoon that Virginia Beach is the only locality they know of that has decided to disregard the policy, which was designed to make polls more neutral.

The State Board of Elections could vote to take legal action against Virginia Beach and force Harrington and her staff to follow the rule, said James Alcorn, a state policy adviser.

Nancy Rodrigues, the state board secretary, was expected to send enforcement guidelines Friday night, Alcorn said. None had been sent to Virginia Beach by 7:20 p.m.

The debate over what voters wear when they cast their ballots became heated last week when the State Board of Elections adopted a more specific policy about the types of campaign material allowed at a precinct.

State code prohibits the distribution of handbills, leaflets and similar items within 40 feet of a polling place entrance. The new policy allows poll workers to ask voters wearing items that endorse a candidate to remove or conceal them before voting.

Robert Dean, spokesman for the Tidewater Libertarian Party, objected to the change, saying it restricted free expression. Members had planned to protest the apparel ban.

"We're very happy," Dean said about Virginia Beach's decision. "All the other cities should take the lead from Virginia Beach and do away with the nonsense." It is uncertain whether any will follow suit.

David Sylvia, Electoral Board chairman in Suffolk, said Friday that he is instructing his poll workers not to "nit pick " when it comes to attire on Election Day. If somebody comes in with a modest campaign button, for example, nothing will be said, Sylvia said; however, if somebody comes in covered with political messages, they will either be asked to turn their clothing inside out or to "take it off."

"We're thinking if we don't try to enforce this to some extent, we'll get complaints from the other side," Sylvia said.

Pilot writer Linda McNatt contributed to this story.

Deirdre Fernandes, (757) 222-5121,deirdre.fernandes@pilotonline.com

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interesting you should say that

"McCain supporters can vote on Tuesday and
Obama supporteres can vote on Wednesday.
That way everyone will be happy."

That's exactly what the phony fliers hitting come cities are telling people to do. Hmmmmm!

I just want to respond to

I just want to respond to two points brought up throughout the previous comments:

First, the State Board of Elections did not make the policy that Virginia Beach is planning to ignore, they merely clarified the policy codified in state law. In fact, what SBE did was essentially to narrow the prohibition on exhibiting any material to influence someone's vote to only material that advocated the election or defeat of a particular candidate. Virginia Beach is planning to ignore a state law, and I welcome legal action against them. They didn't even say they think the law is unconstitutional (which it might be), they just said it would be "impractical" to enforce. Shame on them.

Second, to those who believe that "Obama's supporters will do anything to help him win," please note that two of the members of the Virginia Beach Electoral Board are Democrats and one is a Republican, and all three voted to ignore the law. Also, please note that the law has been on the books for decades, and neither party in the last 15 years has ever tried to change it, with one exception. Liberal Del. Bob Brink has introduced a bill for the last two years to explicitly allow the t-shirts and button

hmmm

If Obama is found not to be a natural citizen, even if elected, he will be tossed out of office, leaving biden as president, and he can PICK his VP, without the citizens getting a vote.

As leader of the senate, how well does that bode for us?

In a small way

I can understand some of the ferocity of these posts below.
But let’s stop and ask ourselves one simple question-what are we doing on November 4? Campaigning or voting?
Most of us don’t care what someone else is wearing, what they look like, if their pants are hanging around their knees, or even if they’re sporting a candidates clothing.
Just GO VOTE. You’ve had months to years to make your political statement. Policy/rules state not within 40 feet of the poll. No means “no”.
Here’s something to think about-should you decide to press this issue, you are only making your neighbor ticked off because they’re the one’s involved at the polling place.
Just…go…vote.

YOu have to have standing to go to court

As our legal counsel explained it to us, we do not have standing to ask the court to throw out the rule until we have been denied our right to vote because we don't follow the rule.

We must attempt to vote with a silent and unobtrusive button or shirt and be denied. Then we can sue.

I hate the thought of not getting to vote this year, I haven't missed an election in a very long time, but my guy (Barr) is a long shot anyway. So, if that's what we have to do to defend our rights, so be it.

Of course, it is still possible Chesapeake will follow the principled stand of VA Beach and I will be able to vote this year after all.

Obey the Law ?

Well I guess if some official doesn't like a certain and doesn't want to enforce it, what good is the law? Also, what gives a registrar the right to pick and choose which law they wish to enforce? This is the beginning of anarchy.
This behavior is ludicrous !

Stupid decision.

Stupid decision. Civil disobedience is not the answer. Do the right thing and get the courts involved. Members of society can not just pick and choose what laws we will follow and not follow. Do not like the law, and then change the law. If the law is not legal, then get a ruling from a judge.

Gertz Pointe

Gertzy, I want you to know that I'll be wearing my Obama underwear to the polls on Tuesday, but you'll have to pay for a peek. Sorry. I have to make a living so I will be able to support all the Obama supporters who don't work.

Worried

Anyone who objects to Barack Hussien Obama's full name is probably against freedom of speech. Quite frankly I think I will write in Ron Paul, at least he understood the constitution no like the republican or democratic weenies who have no clue.

ROTFLMAO

It's so funny to see the comments here, and I can pick out all the government educated citizen's remarks over those who had real schooling.

There IS NO LAW being broken in Va Beach, there is only POLICY being handed out to the polling workers.

It is POLICY people, not LAW, and the state board of elections cannot MAKE Laws concerning attire, only the Virginia senate and house can do that.

Get an edumacation people!

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