What You Can't Wear to Vote
What You Can't Wear to Vote Save Email Print
Posted: 6:40 PM Sep 30, 2008
Last Updated: 5:33 PM Oct 1, 2008
Reporter: Carrie Cline
Email Address: carrie.cline@wsaz.com

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HUNTINGTON, W.Va. (WSAZ) -- When you head to the polls to vote, you better check your wardrobe and choose wisely. Wearing the wrong clothes could cost you your vote. Suprised? Listen up! The law restricts one right to allow you the privilege of another.

You can't wear a shirt, hat or button supporting a candidate, issue or even an idea when you go to vote. It's called electioneering and it's the equivalent of carrying a yard sign into the poll.

“Poll workers are trained to ask them to cover or remove the object. If they don’t have anything to cover up with, then they will be asked to leave and go change,” said Karen Cole, Cabell County Clerk.

It's the subject of an email circulating the internet, blowing up email boxes across the country. The e-mail warns Obama supporters not to wear shirts, pins or hats, informing them it's against the law and you can be turned away. The law isn't new, but it's not well known either. And given the highly charged political season, parties on both sides are reminding their voters to dot their i's and cross their t's.

David Tyson is a local Republican party official. He's also an attorney who strongly disagrees with the law.

“I think it’s wrong. If I wear my small button to the poll and even if I don’t say anything, I could be in trouble and I think it’s wrong and it discourages voters,” said Tyson.

And he's not the only one it doesn't sit well with.

“It doesn't seem fair, although, that you can’t wear what you want to wear,” said Maureen Gagnon, a voter.

“I don’t think it’s right at all,” said Joshua Jannoto, a voter.

The laws vary from state to state. Kentucky's Secretary of State says he would advise people not to wear campaign paraphenalia to avoid violating the laws against campaigning at the polls.

If you have any questions about the law in your state, contact your local board of elections or county officials.

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Posted by: Reesa Bell on Nov 4, 2008 at 12:48 PM
I wore a button into my voting place & they starting yelling @ me.."You cant have that on!!!!!" I was like What? Anyways come to find out I was never informed that you could not wear a button...I was very EMBARRASED AT THIS IN FRONT OF SEVERAL PEOPLE!!!!!!!!!!!!!!! This may change if I vote again @ a poll..I may start absent voting...I was very very embarrased....Thanks for your time...Reesa Bell

Posted by: jasmine on Oct 20, 2008 at 05:05 PM
I was threatened to be arrested!!!! I had no idea it was illegal in TX to wear a candidates face on a t-shirt when you go to vote in TX. I heard snickering when I entered the voter line area, and twenty seconds later, I was getting yelled at in public by the election volunteer, who told me to "get out of line right now and take off the shirt or I will call the police and have you arrested." I went to a nearby Officer and he had never heard of the law, either. It turns out that the law does exist. So I guess I should have known what law enforcement official don't even know. I lost my place in line, turned my shirt inside out and voted! Please get the word out, particularly to the young voters who wear their Obama shirts with pride!

Posted by: Kellie Benton on Oct 17, 2008 at 12:38 PM
What happened to Freedom of Speach. I feel this is absolutely wrong. Whats next...This counrty that our fathers fought for gave us all the rights for freedom and our freedom of speach... This country is on the ferge of nothing but sochialism

Posted by: Anonymous on Oct 15, 2008 at 08:38 PM
Um, yeah. Electioneering is a violation of FREE SPEECH. How is it that we can put 1,000,000,000,000,000,000,000 campaign signs everywhere, but if I wear a shirt with Obama's or McCain's name on it suddenly I'M a potential influence on someone else? I intend to show up with a regualr shirt when I vote. It won't have anything printed on it. But just before I EXIT the voting booth, I will take that shirt off, and underneath will be a shirt bearing the name of my choice of candidate. I challenge any law official to arrest me. I will charge them with false arrest and harrassment, IN ADDITION to my Constitutional rights being VIOLATED, and I WILL take legal action if I am detained.

Posted by: Earl on Oct 14, 2008 at 07:22 PM
What about pink thong panties.

Posted by: CAROLINE SCARBOROUGH on Oct 6, 2008 at 09:35 AM
They make up the rules as they go along. I have been voting for years/ so tell me why is this year any different then the years before. normally you see people wearing whatever they like. You are grown when you vote so grown votes have minds of their own. The majority of the time your mind is made up who you are going to vote for when you go to the polls. Anything just to throw a monkey wrench into it.

Posted by: Allie on Oct 3, 2008 at 10:14 AM
I disagree with this law. Just by wearing your button or shirt you are not making someone vote the way you are voting. I know this law has been on the books for a long time. I personally don't wear clothes with signs or anything like that on it. But I do believe it is your right as a citizen of this country to voice your opinion and if you don't like what I wear or say noone is telling you to look at me or stand by me.

Posted by: Ashley on Oct 3, 2008 at 12:00 AM
To Annie>> Thank goodness someone has a brain and knows a bit about history!!! I was just about to point this out. This is a very, very old law. It isn't some scare tactic made up by the GOP and it isn't some law meant to restrict your Freedom of Speech. The thing is, you may only excerise your rights if they are not infringing upon the rights of others. While most of us see a T-shirt or pin as completely harmless, there are some who would take it to an extreme to the point of a group of like-minded individuals harassing voters as they go into the polls. To Ms. Carrie Cline, while I understand that this is an informative article, I also feel that it was meant to insight rage. Obviously, these posters could have used a brief history lesson in companionship with this article.

Posted by: jim on Oct 2, 2008 at 11:26 PM
Odd at the outrage since this has been a law in WV for some time...you seem to really want to wear your buttons, but haven't wanted to or noticed the inability to do so in the past.

Posted by: J. on Oct 2, 2008 at 12:57 PM
Jennifer - I know the laws vary; I was referring to the contradiction of the first article quoting the KY AG saying that it's okay to wear campaign gear, and the last line of this one quoting the KY Sec. of State saying not to do so - a little confusing for the KY voters watching WSAZ.

Posted by: tencar on Oct 2, 2008 at 10:12 AM
Hey "BIG BROTHER" can i go pee now? This is the biggest bunch of BS I've ever heard of. Why cant you show support for whom you are voting? Isn't that the whole idea of voting? If the guy next to me is wearing a shirt or a pin that supports a person im not voting for, It isn't going to change my vote. I think that government needs to get out of our personal lives and concentrate on the jobs that we elect them for. Besides how long are you at the polls? And are you going to see enough people to change their minds to make that big of a difference in the out come of the election? You want to make a real difference, put someone in office that has never been elected. Then we might get back to "of the people by the people FOR THE PEOPLE", and not how rich I can get by being elected.

Posted by: Anonymous on Oct 2, 2008 at 09:29 AM
what happened to our rights...this is just stupid!!!!! we have a right to do what we want unless its breaking the law..well now i guess the world is becoming a comunest...

Posted by: aggraivated on crooks on Oct 2, 2008 at 05:53 AM
politics has gotten way out of hand its time the american people takes back our country and run it

Posted by: ok... on Oct 1, 2008 at 07:11 PM
then just leave your political gear at home and change later. or if you can't bear to part with that shirt for long, change in the car or, SHOCKING, wear a jacket to cover it up! or better yet, wear the shirt and cause a scene, that'll sway all the undecided voters waiting in line behind you

Posted by: It IS about rights on Oct 1, 2008 at 06:59 PM
Oh come on people! Are you really going to pay attn to some shirt a kid has on or a button & let that sway you at the polls? If so, they you shouldn't be there to begin with if you're that easily swayed! So why IS the GOP worried about someone wearing an Obama button or shirt? As the one young woman stated in her legal paper, SHE was almost arrested for wearing a John Kerry button back in 04. Seems the GOP is ALWAYS afraid they're getting screwed. Well IMHO both parties have and continue to screw us. But it seems to have the GOP's worried if they have to make such a huge deal over a button or shirt. Signs? People outside harassing or even threatening folks? Yes. Ban those. But shirts & buttons? If you're terrified you (or anyone else) will be influenced by THOSE? Come on! You're a poor voter then to begin with. This IS about taking away rights folks.

Posted by: Just against the war on Oct 1, 2008 at 05:51 PM
Now, we are more worried about what people wear instead of the war??? BRING OUR TROOPS (kids) HOME!

Posted by: Annie on Oct 1, 2008 at 04:50 PM
Prohibiting electionering around voting building is not a conspiracy of the GOP. Perhaps the history behind this practice should be included in the above article. It has been around for a long time to protect people who want to vote but felt intimated by electioners trying to buy, bully, or force someone to vote a certain way. I remember in the late 70's when a neighbor said they "had" to vote for a certain candidate or they would lose their job and that their boss would be there to watch that they did. This is wrong!!! So I still don't think it too much to ask that someone cover or slip off a campaign button, hat, etc to ensure that I have a safe place to vote. Don't take voting for granted - it is a right that was hard earned for many people in our society!

Posted by: Annie on Oct 1, 2008 at 04:41 PM
You must understand the reason behind this law. Prior to the restrictions of wearing campaign materials to vote people were bullied, threatened with loss of job, and pressured into voting for one candidate over another. Votes were bought and in some extreme cases lives were threatened. You aren't allowed to buy alcohol on election day either because prior to it's ban people would gather at the voting building and get drunk and antagonize anyone coming to vote. Besides, it's not that much of an inconvenience. If you have a political button for your candidate of choice you can wear it all day long, just cover it up or slip it off prior to entering the voting building and then put it back on once you are in your car or far enough away from the building.

Posted by: Anon on Oct 1, 2008 at 04:35 PM
So, can I still wear my Mondale/Ferraro pin? I found it at a yard sale recently, and it rocks. Could that be misconstrued?

Posted by: SUE on Oct 1, 2008 at 04:35 PM
Shouldn't this come up under "freedom of speech" It is your choice to support who you like! I don't think the government hould be allowed to tell you what you can wear to vote!!!! It is all about who you support anyway!!!!!!

Posted by: tristate on Oct 1, 2008 at 04:20 PM
to McCain obama 08 leads in polls,hows it feel to be loser i have a McCain shirt i use to blow my nose on

Posted by: Anonymous on Oct 1, 2008 at 03:40 PM
I don't see anything wrong with being allowed to wear whatever you want to wear to support your candidate for the election. This is just another example of the gov't controlling the people. They should be more concerned about the vote buyers handing out free whiskey, etc. to get a vote! It goes on in every election.

Posted by: Frenchy on Oct 1, 2008 at 02:46 PM
McCain 2008, that's funny, I painted a picture of McCain at the bottom of my toilet bowl. He looks funny with a moustache.

Posted by: Leland on Oct 1, 2008 at 02:35 PM
Jill, the gov't can restrict that right if they have a substantial interest in doing so. The substantial interest here would be to not disrupt the voting process. In the southern counties of West Virginia particularly you already have to worry about voter intimidation. They give out a pint of whiskey for votes.

Posted by: sarah on Oct 1, 2008 at 02:09 PM
The comment below me is funny...thats a good one!

Posted by: This is soo stupid... on Oct 1, 2008 at 01:45 PM
They should be more concerned with the "Walking dead" and boozers, trying to cast a vote. They will be too busy looking at someone's attire than notice, John Doe has been there three times, with a list of headstone names.

Posted by: McCain 2008 on Oct 1, 2008 at 11:13 AM
You wont seem me wearing my Obama shirt anyway, I need that on the roll in the bathroom

Posted by: MeAgain on Oct 1, 2008 at 10:15 AM
The reason for this law is due to the fact that people (as people will) have the potential of abusing the right to wear a button, shirt, hat...etc...this abuse can occur when someone is bribed, paid or otherwise motivated to wear an object supporting a particular party or candidate. This is the same reason that signs cannot be posted within a certain distance of polls. While many of you are seeing it as a freedom of speech thing...in reality it is a means to protect you from being bombarded at the polling place. simply put...there is a potential for attempts to be made to sway your vote at the last possible moment.

Posted by: Jill on Oct 1, 2008 at 09:45 AM
What happened to freedom of speach? the people that make the rules SUCK!!

Posted by: dS on Oct 1, 2008 at 09:36 AM
the only important thing that matters is that people get out and vote. you don't need to be dressed up in campaign clothing or pins or hats....just go vote.

Posted by: Anonymous on Oct 1, 2008 at 08:37 AM
Why is it so hard to follow a simple law? Do we have to protest absolutely EVERYTHING?! Something so simple...jeez people

Posted by: Anonymous on Oct 1, 2008 at 08:16 AM
Shawn, your point?

Posted by: deb on Oct 1, 2008 at 07:56 AM
Well the Gov tells us what we can and cannot do in every aspect of our lives, now their telling us what to wear to the polls! Every shirt in my closet says obama so can I come naked you think, without getting into trouble?

Posted by: What is GOP afraid of? on Oct 1, 2008 at 07:38 AM
What is the GOP afraid of? After Googling this topic today after reading this article, it seems that in PA, VA and now here it's the GOP doing the complaining and not the Obama camp I'm not for either one don't get me wrong, but I AM concerned about our rights under the 1st Amendment IF all this is true across the country, why is the GOP so scared? Evidently Obama must be worrying Bush Term III and his Barbie Doll VP pick! Just asking 'cause they're the ones with the problem about the "passive electioneering" Below is link to article about this in PA and it's the GOP again! http://www.philly.com/philly/news/breaking/20080918_GOP_seeks_ban_on_political_clothing_at_polling_places.html

Posted by: Bob Johnson on Oct 1, 2008 at 07:32 AM
What ever happened to the "Secret Ballot"? When you go to vote,It is your personal right to vote for your candidate.You don't have to advertise who you are voting for.Your buttons or hat wouldn't affect how I vote.So just leave them at home.

Posted by: Corey on Oct 1, 2008 at 07:04 AM
first off shawn you need to grow up. And now for the main point. Yes it is a law, but dont get discouraged by it. Just everyone get out and vote!!!

Posted by: Check this site out guys on Oct 1, 2008 at 06:58 AM
I suggest you go to: http://law.bepress.com/cgi/viewcontent.cgi?article=4685&context=expresso GOOD stuff about all 50 States & these "bans" which DO prohibit our rights Excerpt from: II. Prohibiting voters from wearing political message buttons at the polls may violate the First Amendment A. Wearing a political message button is free speech State statutes that prohibit a voter from wearing a political message button to the polls on election day should be considered unconstitutional because the First Amendment guarantees freedom of speech to every American, including voters.63 Courts have interpreted this right of “freedom of speech” to include the freedom to wear political messages on one’s own body.64 Therefore, the wearing of a political message button to the polls on election day is presumptively a form of free expression.65

Posted by: Jennifer on Oct 1, 2008 at 06:56 AM
not that I agree with this but to address "J." the laws vary by state so because you can wear items in support of your favorite candidate in KY doesn't mean you can in WV (obviously and according to this report) Call your state Board of Elections to find out.

Posted by: Crystal on Oct 1, 2008 at 06:43 AM
Yeah but by gosh, if you have a FAKE ID or stolen one & are an ILLEGAL you can sure as heck vote without any problems! Just like they can do everything else in this country the rest of us can't! Millions of THEM voted in the last Presidential election and in State/local elections across the country God help you if you're born & raised here and ARE an American though! This country is about as democratic and free anymore as the rest of them that we're trying to convert to "democracy"! We're screwed folks. Face it. Our country is NOT the one we grew up loving.

Posted by: KS on Oct 1, 2008 at 06:39 AM
This is SO stupid. They should just be glad that people especially young people even make the effort to get out and vote period. I totally agree with Shawn here! This is so lame

Posted by: shawn on Oct 1, 2008 at 02:51 AM
probably need to have your baptism records too, also proof that you have at least one dui and are product of domestic violence.......then you can vote in WV

Posted by: buck on Oct 1, 2008 at 02:51 AM
commununism at its finest, feels like I fought for nothing, sad when the government is more worried about pins than what the kids wear to schools nowadays

Posted by: WILDBOAR on Oct 1, 2008 at 02:21 AM
I CAN SEE NOT HAVEING BIG SIGNS OR SOMRTHING LIKE THAT BUT A HAT OR A BUTTIN ..OMG...GET OVER IT !!!LIKE THE SONG SAY'S FREEDOM JUST A NOTHER WORD FOR NOTHEING ELSE TO LOSE..IF YOU PAY TAXES ..AND THAT IS ON EVERY THING YOU SHOULD HAVE THE RIGHT TO VOTE ..IT DONT MATTER WHAT YOU WEAR..OR WHAT YOU HAVE DONE IN THE PAST...BIG BROTHER DONT WANT PEOPLE TO VOTE ...THIS COUNTRY WAS MAKE BY THE PEOPLE AND FOR THE PEOPLE ...LITTLE BY LITTLE WE THE PEOPLE ARE LOSEING GROUND ON OUR FREEDOM..GOD,GUNS AND GUTS MADE THIS COUNTRY LETS KEEP ALL THREE..THERE IS NO GOD IN SCHOOL ..NO BODY HAS THE GUTS TO STAND UP FOR OUR RIGHTS TO BEAR ARMS HAVEING PERMITS TO BEAR ARMS IS NOT FREE AND IF YOU CARRY A GUN PEOPLE THINKS YOU ARE A OUTLAW .SO WHATS THIS COUNTRY COMING TO ???IT AINT FREEDOM ANY MORE...I HOPE THEY WILL POST THIS..AND I DO HOPE PEOPLE WILL COMMENT ON IT AND THEN GO VOTE !!!

Posted by: J. on Oct 1, 2008 at 12:18 AM
I think it's hilarious that just last week they did a story, quoting the KY attorney general saying the opposite, that voters could wear what they want. So which is it?

Posted by: ps on Sep 30, 2008 at 08:45 PM
I thought we lived in a free county. What happen to our freedom???? It's what i thought our solider were fighting for.

Posted by: frank on Sep 30, 2008 at 08:31 PM
if you pay taxes no one should be able to tell you what to wear

Posted by: Anonymous on Sep 30, 2008 at 08:26 PM
sounds like the same way they treat the kids that cps wont let them have a voice whats this world coming to

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