Posted on 10/28/2016 1:03:11 PM PDT by EveningStar
But...but, there was no showing of intent. Case closed.
We will wear red to vote on Election Day in Texas.
You can’t promote a candidate near a polling place.
This guy was ignorant or provocative.
So when I wear a red shirt when I vote for Trump, will I be arrested?
PLEASE! I could use the extra money after I sue their butts under the First Amendment!!!
/In Texas? REALLY?!
LIKE
BTW, I do not believe that wearing particular clothing counts as “electioneering.”
Any legal eagles want to speak up?
“Make America Great Again and (I am) Deplorable are NOT per se endorsing any particular candidate.
Yes, I’m afraid they are.”
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I agree. The slogans are closely associated with Trump and so yes, they are. It’s the equivalent of carrying a sign with Trump/Pence on it into the polling place. Illegal.
Well, I’m a lawyer, in Colorado. (Currently living abroad and mailed in my absentee ballot for Trump yesterday)
But even I weren’t a lawyer, I remember very clearly, signs placed near polling places prohibiting electioneering within a certain number of feet from a polling place.
The laws are probably the same in Texas.
As for the shirt color, I don’t see a problem with that. It’s subtle; there is no overt attempt to persuade voters.
If you go down that road, you could argue that anyone who wears a baseball cap or a super-ugly Mao-style pantsuit at a polling place is trying to influence voters, for Trump or Clinton, respectively.
This is how ‘polling place observers’ operate; they pick people who don’t look like they’re going to vote for their candidate, and then claim ‘electioneering’ and demand that these offenders be arrested.
So anything at all can be considered as you’re being profiled by the opposition the moment you step out of your car. (And yes, I’ve seen poll observers pull out a measuring line to see if that car with a bumper sticker was within the forbidden zone...)
Thing is, it almost never sticks to the point of arrest. People will be requested to go take off a shirt or pin or move the offending vehicle.
I completely disagree that either item is electioneering - statutory challenges have stated that to be considered, the impact must be great enough to be more than ‘common awareness’ - IE a bumper sticker is common awareness (can be seen anywhere), whereas holding a campaign sign and staring at the people going in to vote is seen as more than common awareness.
And yes, I have fought off poll watchers who tried to have someone arrested for wearing an American flag pin. Thankfully the officers simply hauled away the watcher on a disturbing the peace charge when they just wouldn’t stop shouting.
Voter suppression?
He can just go home and change clothes; he still has time to vote.
I bought a plain red ball cap for that reason alone
“I bought a plain red ball cap for that reason alone”
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Oh boy, if this gets out, people may be stopped just for wearing red. Then it is truly lawsuit time.
I wore blue and went over to the Mexican side of town to vote. I didn’t have any problems.
Soon it will be the only allowable garb will be:
Which is all everyone but the (D) elite will be wearing if hiLIARy wins.
Wearing a particular hat and/or shirt -- unless you loiter -- is NOT electioneering.
I actually believe you can — unless you loiter — and this city is going to find out. Sadly, the taxpayers likely will be on the hook, not the idiot cop(s).
The actual code section:
Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING PLACE. (a) A person commits an offense if, during the voting period and within 100 feet of an outside door through which a voter may enter the building in which a polling place is located, the person:
(1) loiters; or
(2) electioneers for or against any candidate, measure, or political party.
(a-1) The entity that owns or controls a public building being used as a polling place may not, at any time during the voting period, prohibit electioneering on the building’s premises outside of the area described in Subsection (a), but may enact reasonable regulations concerning the time, place, and manner of electioneering.
(b) In this section:
(1) “Electioneering” includes the posting, use, or distribution of political signs or literature.
(2) “Voting period” means the period beginning when the polls open for voting and ending when the polls close or the last voter has voted, whichever is later.
(c) An offense under this section is a Class C misdemeanor.
Hmm, is wearing a hat or shirt “the posting, use, or distribution of political signs or literature”? Nope.
I suspect his will cost this liberal suburb of “Stay Strane” Austin a LOT!!!
But it is political speech/electioneering.
Prohibited by law.
He was wrong.
But Hillary can campaign at a polling station and that’s allowed.
Red shirt. . okay.
Red hat. . .okay.
Red shirt or hat with political message. . .not okay.
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