State ACLU seeks OK on voting in political T-shirts

By: aleks dolzenko | InsideNova
Published: October 12, 2008

The ACLU of Virginia urged the State Board of Elections Friday to allow voters to wear T-shirts featuring political messages, or political buttons, when they vote on Nov. 4.

The State Board is scheduled to vote Tuesday on a position statement clarifying its policy on materials that it has, in the past, classified as "electioneering."

Meantime, the State Board is urging qualified voters to cast absentee ballots to help lessen the crush on election day. Voters may qualify under 17 different categories to vote absentee by mail, or in person in advance. To review the categories and to apply for an absentee ballot, go to the Board of Elections Web site at www.sbe.virginia.gov/cms/

State law forbids electioneering within 40 feet of the voting place. Within that distance, a person cannot "give, tender or exhibit" campaign material to a prospective voter. It is intended to stop attempts to influence an election.

Kent Willis, executive director of the ACLU of Virginia, said the law is not intended to ban "silent, passive personal political statements."

"We believe that the state has nothing to fear by allowing individuals to wear political buttons and T-shirts in polling places; that it is consistent with the constitutional right of free speech to protect such expression ... ," Willis said. "Clearly, you can't hand out literature in the polling place," he added.

But he said the ACLU has not decided whether to sue if the law is enforced.

Area registrars said they generally enforce the law, but not to the point where it will prevent someone from vot-ing.

A person who shows up with a lapel pin supporting a candidate usually is asked to remove it, said Kirk Showalter, Richmond's registrar. A person who wears a T-shirt with a political message is asked to cover it up, she said.

Lawrence Haake, Chesterfield's registrar, said his voting places provide a vest that someone can use to cover up a T-shirt.

Henrico asks the T-shirt wearer to turn it inside out, registrar Mark Coakley said.

"You have to draw a line somewhere," said Hanover registrar Robert Ostergren. "It is free speech up to a point; it is electioneering up to a point, too."

Willis said the ACLU is urging voters not to force the issue.

Tyler Whitley is a staff writer for Media General's Richmond Times-Dispatch.