On November 1, 2004, I received a note from Cindy Janechild asking about wearing political paraphernalia in polling precincts.

Emails to Joshua Scott at the University of Virginia's Center for Politics and to Josh Wheeler at the Thomas Jefferson Center for Free Expression confirmed that it is unlawful in Virginia for any person to exhibit any campaign material within 40 feet of any entrance of any polling place.

On election day, Charlottesville Registrar Sheri Iachetta confirmed that, according to Clay Landa at the State Board of Elections, Virginia law prohibits wearing political pins, stickers, shirts, etc within the polling precinct. And, in fact, for the first time, signs were posted outside of the polling precincts so that workers inside the polling place would not have to request the removal of an offending item.

Says, Charlottesville Electoral Board member Joan Schatzman, "Virginia law curtails our right to wear a campaign button in the polls but our right to openly wear a side arm is well protected."

In the meantime, Joshua Scott (electronic mail, November 1, 2004) offered the example of "one of the more notable situations this year is the voters in Arlington, TX cannot wear Dallas Cowboys gear to the polls, because there is a referendum on the ballot about public financing of a stadium."

However, prohibition of political paraphernalia does not appear to be the practice in all Virginia localities.

Jeanie Rausse, who voted the same day at Monticello High School in Albemarle County, Virginia said that people were allowed to wear political buttons and T-shirts at the Monticello precinct - a matter Albemarle Registrar Jackie Harris later confirmed, saying that her Electoral Board considered this a matter of free speech.

Mike Seay, a member of Fluvanna County's Electoral Board, says they know the statute bans the display of campaign badges or buttons. "But to tell the truth, [enforcing] that is pretty low on the list of priorities on election day."

"Remember, the election Board is in charge of what goes on up until the polls open, but then the precinct chief is in charge. This is because the Board is political in nature, and the precinct workers are supposed to be completely neutral." (Phone conversation with Mike Seay by Dave Sagarin, November 5, 2004).

In a later email (November 5, 2004), Josh Wheeler remarks, "Taken literally, the language of the Virginia statute encompasses the wearing of campaign materials by voters. It is therefore understandable that most election boards interpret the statute as preventing voters from wearing campaign materials within the polling place" but adds,

"The right to vote is perhaps the most important form of free speech. While many choose not to publicly state their political choices as they exercise that right, others feel strongly about the symbolic importance of expressing their political views at the moments they walk in and out of the voting booth. Unless the government can demonstrate that such expression has a deleterious effect on the electoral process, it should not be in the business of telling people what they can wear as they vote."

George Loper, November 5, 2004

Note: See also Comments by Jim Heilman.