RICHMOND
Got your McCain-Palin T-shirt or an Obama-Biden button ready to wear when you head to the polls Nov. 4?
Not so fast.
Virginia's top election officials adopted a policy Tuesday that allows poll workers to prevent people from voting while wearing political paraphernalia.
The rule means that those who sport clothing, stickers or buttons with campaign slogans can be asked to remove or conceal them before casting a ballot.
State Board of Elections officials said the policy was drafted in response to repeated questions from registrars and voters around the state about whether such apparel was permissible.
The board's 3-0 vote caused a stir among some civil-liberty legal groups and drew support from a voter advocacy organization.
"Silent, nondisruptive expression of political opinion is protected by the Constitution," Rebecca K. Glenberg, legal director for the American Civil Liberties Union of Virginia, said during testimony opposing the policy.
Government has the power to protect voters from forceful coercion at polling places, she acknowledged, but "there is simply no reason to believe that simply wearing a campaign button or sticker has that effect at all."
A representative of the Lawyers' Committee for Civil Rights Under Law group made a similar case.
The policy, meanwhile, drew support from a League of Women Voters of Virginia official and a Goochland County Electoral Board member who testified.
"We need to have a neutral atmosphere, one that is welcoming but is also free of campaign material," Anne D. Sterling, legislative coordinator for the league, said at Tuesday's hearing.
She warned that while the presence of people in political garb may be seen as inoffensive in one polling place, it could be a cause for tension at another.
"This election is deeply personal for people," Sterling said.
With long lines expected at polling places on Election Day, officials hope to avoid incidents that will impede the process and inflame passions, said State Elections Board Chairwoman Jean Cunningham.
"It is a balancing act," she said. "And in this particular instance it's like, 'What is the right that we at the State Board of Elections want to both protect and make sure can be carried out?' And it is the right to vote."
Election officials will be advised to have material handy to cover up any political apparel to prevent disenfranchisement and preserve the policy requirements, she added.
"We don't want to stop anybody from voting," Cunningham said.
The policy was crafted to address ambiguities in Virginia election law and create uniform standards in the 134 localities that conduct elections, state board policy adviser James Alcorn testified.
While state code prohibits the distribution of handbills, leaflets and similar items within 40 feet of a polling place entrance, it does not specifically define the legal language barring the exhibition of "other campaign material."
The new policy defines other campaign material as apparel, buttons, stickers and the like.
State election officials left poll workers some interpretive wiggle room in the policy, which characterizes prohibited items as those that "expressly" advocate for a candidate or issue.
By that definition, shirts that mention moose burgers or community organizers - oblique references to Sarah Palin and Barack Obama - could be allowed, depending on the view of local election officials.
To be safe, Chesterfield County registrar Larry Haake advises fashion restraint on Election Day.
"Leave the stuff in the car, vote, and then put it back on when you leave," he said.
Julian Walker, (804) 697-1564, julian.walker@pilotonline.com
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Campaining at Poll Entrances is illegal
They are just finally linking passive campaigning and active campaigning into one shoe. Campaigning at polling station entrances has been illegal for a long time now.
It could be me, but
There are an awful lot of adults on this board howling like prepubscent 13 year olds not getting their way. How about as adults, we act like adults (for some of us that might require alot of faking it), and just go vote.
It's not what we wear to go vote that counts, it's the actual vote that counts and the vote could care less what we wear, when we cast it.
Government Dress Code = Hanging Your Chad
I would like to thank "Big Daddy Government" for telling me what T-Shirt to wear. Where were you when I was in elementary school? My mom could have slept in a bit longer!
I look forward to getting my talking points from the State Board of Election's behavioral guidelines department. I hope the microchip you will install and the tattoo will not be too terribly painful. I know that enduring pain for the sake of Government efficiency is patriotic but, I don't look forward to those few moments.
I know. 'Resistance is Futile...we are the government, and we are here to help you'. Conformity is good. Virginia.....the next Florida.
too far
Isn't this PC stuff going to far. Wait, it isn't even in that category. What about freedom of speech, just can't wear shirt/button/ to vote? I understand if it is obscene, but I have to tell my father who was wounded twice in Vietnam that he can’t wear his candidate button and hat because why????. Is someone uncomfortable. One word RIDICULUS. Guarantee this will not be enforced equally around the area. Maybe Virginia will be the key state in the election, not because of CHAD but because someone with a t-shirt could not cast a vote....
Overalls
Everyone should be given some overalls when they register to vote. You have to wear your overalls when at the polling place. The overalls could say "I vote at (so and so) in Virginia Beach, VA, USA - Woohoo voting is fun" or something like that. And everyone gets to pet a puppy after voting.
SBE
I think what bugs me is the fact that the SBE is only made up of three members. Currently it stands at two dems and one repub. I believe that the SBE should consist of at least 4 more people, and therefore have a larger pool from which to elicit opinion on important matters.
Vote at the Polls
I read this morning in the Va Pilot, that buttons and other signs for the candidates will not be permitted at the polls. Does this apply to the people which try to shove their "sample ballots" in your hand as you try to enter to vote? I don't normally agree with anything the ACLU says or does, but I think they are right in saying the ban violates the Constitution, and the right to free speech. No one should be able to tell me that I can't wear a button in support of my candidate. When I go to vote,I don't need useless paper to show me which "button,or block" I should black out. I am not stupid,I can read and write, push a button or black out a block. I think it is time for the people to stand up for their rights. I know this is a small thing, but next time the city tells you something it may be a big thing.
What a "feel good law"
Everyone with a brain (antioch alumnus excluded) knows that this is an attempt by the community organizers to enact censorship on things they don't like.
That is how community organizers debate: by throwing food and passing laws to silence their detractors.
re VA code
paraphrased:
"It shall be unlawful for any...voter...in the room to...exhibit any...campaign material to any person;"
Apparently they view hats, shirts, buttons, etc, as campaign material. Get over it. I don't agree with the law, either, but it's the law so let's suck it up. Don't lose you opportuniy to vote because you felt like you had to prove a point. Casting your ballot is more important than wearing your favoite swag. And stop the hate. Seriously.
The "O" Train fan club
Unless "O" Train objects to the fact that his people (supporters) are out trying to allow college kids away from home to be allow to vote at a local (state violation)when I don't think military personel are allowed to go to a local poll from out of state, yeah he's trying to change the law.
Negative comments about the "O" Train,I guess it's ok when his news media and supporters attack Palin without mercy, I guess when they attack McCain because he's handicap due to the vietnam war. It's open season on the "O" Train. The "O" Train team stated that the republicans were using race, guess what? it was the "O" Train team that used it first. Don't talk about negative remarks and comments against your idol when the liberal media (aka "O" Train media)does not play by the same rule book. If he can't take it then don't disk it out.
In response to MMACTOR
****************************************************
Regarding the following comment:
Oh, so now we're making more false claims about Obama? Are you saying he's going to change the constitution? Voting laws are being changed for the "O Train"? Oh really? Can you prove that? Oh brother! It's bad enough with all the current negativity directed at Obama, and now you have to go and make more false statements and accusations! Great!
****************************************************
I don't believe anyone is saying specifically that Obama will change the constitution (he can't), however, several supreme court justices may retire during the next presidential term, and could therefore, the next president could appoint judges that could change the balance of the court.
Re: O Train comment
Oh, so now we're making more false claims about Obama? Are you saying he's going to change the constitution? Voting laws are being changed for the "O Train"? Oh really? Can you prove that? Oh brother! It's bad enough with all the current negativity directed at Obama, and now you have to go and make more false statements and accusations! Great!
Dumb Law!
This is a DUMB Law! Who really cares what someones shirt or buttons say? It will not change anyones mind one way or the other.
No show of voting choice....
Smile for BIG BROTHER! (By the way can you turn a little more to the left...he can't see your tv past your head.)
Oh
for goodness sakes...I can't believe THAT many people actually wear campaign paraphernalia! I think it's dorky..but that's just me. There was a time when voting was a personal choice..now folks want to wear their votes on their body parts..is nothing sacred anymore? Just take off the campaign stuff and go vote..how hard is that? And why is this such an issue in this election? Rights...rights...rights...how about the wrongs in this election? Personally I wish someone would make a shirt w/both candidate(PRES & VP)with that big red circle and a line thru them...I would definitely buy one of those.
Let your voices be heard!!
Wear your pins, hats, t-shirts, flip flops, carry a banner, and sing the song! Don't be intimidated by The Man! Proudly support your candidate and refuse to submit to this violation of your Constitutional right to free speech! Oh, and thanks in advance for providing the entertainment while I'm standing in line, and if some of you could manage to kick up enough fuss to get pulled out of line, that would be great too.
Re: VA Code 24.2-04D
"It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election."
I am not sure just how wearing a campaign button or shirt depicting your choice for President, can be construde as unlawful. It would not hinder or delay me, nor would it influence me, because I know who I am voting for. If someone wears a shirt, hat, button, etc. supporting their choice, I would not consider it to be solicitation either. In my opinion, I don't see how it would hinder or impede the orderly conduct of the election. I still see this law, or at least part of it, as a violati
Change ??
Is this what "O" Train means when he said "We need change" change as in changing the laws while he's running or president. Think about it folks, how many presidents did we elect with the same voting laws that would allow college students to vote while at the polls while away from home or have the Un-American Civil Liberal Union attempt to change the laws on wearing political paraphernalia and how is silent, nondisruptive expression of political opinion is protected by the Constitution??? It was ok for the past 100 years and now that the "O" Train is running it's not. I think what they are trying to do is try to get the not sure voters on the "O" Train because most folks already know who they are voting for when they come to the poll to vote. So why do you need to wear voting paraphernalia? Again voting laws are being changed for the "O" Train, is this the kind of president you want?? The "O" Train will stea
Laws??
I see the law stated, but everytime I go, people are outside in the parking lot where I vote with this information. I don't take either because I don't personally think it's anybody's busy once I am there, who I vote for. I do talk about politics up until I vote. But at the polls, it's not anyone's business. I just walk by those people and say no. But that kills me because according to that law, they are BREAKING the law??
VA Code 24.2-604 D:
It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election.