Fashion Police
One reminder I'd like to send the citizenry of Minnesota regarding their trip to the polls tomorrow - leave your partisan wardrobe at home. Any attire bearing political slogans, defined as that which has the potential to influence someone's vote, (including hats, shirts, buttons, loose fitting jeans, unisex hemp yoga pants, whatever) is ILLEGAL within 100 feet of the polling place.
According to Minnesota Statue 211B.11:
A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day.
Violation of this section is a petty misdemeanor.
To me, that sounds like a potential 1st Amendment violation. I suppose the argument comes down to what differentiates speech from behavior. And the intent of the law, prohibiting coercion at the time and place of voting, is entirely valid. Most importantly, it IS the law right now and it will be enforced tomorrow. Any objecting civil libertarians I run into will be politely told to write their Congressman, right after they take off the damn button.
In my observations, the wearing of political buttons and insignia is by far the most common violation of election law. And it's overwhelmingly done by Democrats. They have their campaign shirts, Wellstone memorabilia, trade union attire, or something obscene about Republicans, and always with big smiles on their faces.
It's clear they're happy to be involved in this act of disobedience to authority or at least by the act of subtly antagonizing their politically opposite neighbors. I think they're also driven by the romanticism associated with being a subversive. They fantasize that if Che Guevara was an upper middle class, net tax consuming, public employee living in Mac-Groveland and being happy to pay for a better Minnesota, this is exactly what he'd be doing. Wearing a partisan shirt into the polling place while voting for socialism. Grin.
Knowing that activity is illegal may even make the experience more vibrant for them. Here's hoping the thwack of my truncheon on the back of their skulls also adds to the radical chic thrill of the moment.
No, no, no. Nobody will be physically assaulted for violating Minnesota Statute 211B.11. But there will be a zero tolerance policy for this activity tomorrow. (At least where the law is being enforced. Folks standing in line to vote and noticing this type of thing at their local polling places may want to make a friendly reminder to their election judge about statute 211B.11.)
Enforcement will consist of politely asking the offender to remove any violating buttons or hats or to cover any shirts with a jacket. Those wearing political shirts, who do not have a jacket, will be asked to vote topless - a practice encouraged by Minnesota Statute 311.265B, commonly known as the "Hooters Amendment."
No, no, no. Nobody will be asked to vote topless. (Although I can't rule out begging.) They'll simply be asked to cover the slogan with their arms or some other shield, like a piece of paper. If this isn't possible (for example, if there are slogans on the back), they'll be asked to turn it inside out (hopefully they're wearing something underneath). At the most extreme, they'd be ask to leave and come back with legally compliant attire. (Although I've never witnessed the need for that to happen). Given the weather tomorrow, most folks will have jackets. Or someone else in the polling place can borrow them one. In the spirit of brotherhood and every vote counting, if necessary I'll give them my jacket. And if there's two folks in need, I'll throw in my shirt. Luckily, the "Live Free or Die" tattoo across my chest is not considered political speech.
So get out there and vote tomorrow. But remember, the law is the law. No campaigning in the polling place. Or else.
(This message brought to you by Election Judges For an Incident Free Election Day.)
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