George,

I read with interest the letters you received about wearing campaign material in the polling place. A couple years ago I was working as a consultant for the State Board of Elections -- writing and revising sections of the Manual for Registrars and Electoral Boards. I wrote one chapter on electoral offenses; it included a section on the issue at hand. Below is what I wrote. I cannot say for sure whether this chapter and wording is currently in the Manual.

· It is unlawful for any person – including a voter, candidate representative, or officer of election – who is in the room where voting is taking place, to:

(1) hinder or delay a qualified voter or an officer of election,

(2) give or exhibit any campaign material to any person,

(3) attempt to influence any person in casting his vote, or

(4) otherwise interfere with the orderly conduct of the election.

This offense is punishable as a Class 1 misdemeanor. (Sec. 24.2-604)

Note: What if a voter, who is only entering the room to vote and leave, happens to be wearing a campaign button or campaign tee shirt? Is he “exhibiting campaign material to another person” and should he be arrested? This is a matter of some controversy in Virginia. Lacking relevant case law, Attorney General opinion, or administrative policy, interpretation of this language is currently left to the discretion of local electoral boards. Certain guidelines should be followed:

Þ If the electoral board determines that voters should not be permitted to wear such campaign insignia while voting, then this interpretation should be clearly spelled out to all officers of election in the locality so that it is uniformly applied.

Þ Officers of election should instruct any voter wearing such insignia to remove it (well, maybe not the tee shirt!) or cover it up. Only upon the voter’s refusal to remove it or cover it up and refusal to leave the room should you consider legal action.

Þ If the electoral board determines that voters are permitted to wear such insignia, then this interpretation should be clearly spelled out to all officers of election in the locality so that it is uniformly applied. It should never be permitted for candidate representatives or officers of election.

Jim Heilman (electronic mail, November 7, 2004)