Wear Your TEA Party Or American Flag Shirt To Vote!

by William Teach | September 22, 2010 9:15 am

Of course, most TEA Party shirts include an American Flag, so either one. See if you have the same issues as this lady

A conservative group filed a federal lawsuit Monday[1] to make sure voters get to wear their tea party T-shirts to the polls.

The lawsuit stemmed from the case of Coconino County resident Diane Wickberg, a 55-year-old grandmother who was stopped at the polls on May 18 for wearing a T-shirt that said “Flagstaff Tea Party – Reclaiming Our Constitution Now.”

State law bans electioneering inside a polling place, and a poll worker said the T-shirt might influence other voters.

Ultimately, after arguing that the T-shirt didn’t suggest voting for or against the temporary sales-tax increase that was at issue, and noting that the group hadn’t even taken a position on the tax, she was allowed to vote because no other voters were at the polling station at the time.

She had the same problem when she went to vote in the August 24th primary. Now she is suing to make sure the rules and laws are clear.

Her lawyer insists[2] the issue is not a partisan one.

“There are labor unions, such as those for firefighters and public-school teachers, that aggressively campaign for or against candidates and issues during some elections,” Diane Cohen, the lead attorney, said in a statement. “But Coconino County doesn’t automatically ban clothing with logos for every labor union at every election. Members of the Flagstaff Tea Party have a constitutional right to the same treatment.”

How many times have you seen shirts, hats, etc, that mention unions or other groups? I doubt we’ll see much in the way of hopey changey this election cycle, but, you never know. But, on November 2nd, or if you do early voting, wear some sort of TEA Party or patriotic shirt. Something simple non-electioneering. See what happens.

In North Carolina[3]

Per Don Wright, General Counsel for the North Carolina State Board of Elections: A voter may enter a voting place to vote wearing political items as long as they proceed to vote in an orderly and timely manner, and do not attempt to electioneer within the voting place. A voter wearing a T-shirt that states “vote for X,” shouts “vote for X,” or places his T-shirt in the sight line of voters asking support for “X” is obviously electioneering and will be asked to refrain from the conduct at once and, if they continue, will be removed.

A voter who has a political cap, T-shirt or button and does not electioneer within the polling place will be allowed to vote in a normal manner. A voter wearing a political item does not violate GS 163-166.4[4].

So your shirt doesn’t violate the laws. You’ll have to check your state for its laws. Best is to start with your county Board of Elections website.

Crossed at Pirate’s Cove[5]. Follow me on Twitter @WilliamTeach[6]. Re-Change 2010[7]!

Endnotes:
  1. A conservative group filed a federal lawsuit Monday: http://azstarnet.com/news/local/govt-and-politics/elections/article_e0afad87-5146-5c87-a120-adf73ab3a4c8.html
  2. Her lawyer insists: http://thecaucus.blogs.nytimes.com/2010/09/21/arizona-woman-fights-to-wear-tea-party-t-shirt-to-vote/
  3. North Carolina: http://www.wakegov.com/elections/10faq.htm
  4. GS 163-166.4: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_163/GS_163-166.4.html
  5. Pirate’s Cove: http://www.thepiratescove.us/
  6. @WilliamTeach: http://twitter.com/WilliamTeach
  7. Re-Change 2010: http://www.cafepress.com/wteach1

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