Court Overturns Minnesota Law On Political Clothes At Poll

 All of the states refuse to allow political activity within a certain distance of the voting polls. Here is Texas, it 100 feet. Nine states also restrict a voter from wearing clothing, buttons, hats, logos that support a political party, candidate or issue ( if that issue is on the ballot or could be taken by others as supporting a particular party or candidate). Those states are Minnesota, Texas, Delaware, Kansas, Montana, New Jersey, New York, Tennessee, and Vermont.

I have been a poll worker, assistant elections judge, and elections judge in multiple elections here in Texas, and I have had to ask voters to leave that were wearing such apparel. Sometimes they could just leave, turn a shirt inside out (so the message could not be read), and then come back and vote.

Shirts like those pictured at the top were easy. They obviously support a political party, and would not be allowed. The green shirt on the left and the white shirt on the right are more of a judgement call. However, I would not have allowed them, because to me (and I think most voters) the green one could easily be read to say "vote Democratic" and the white one "vote Republican".

The Supreme Court just struck down the law in Minnesota. On a 7 to 2 vote, the law was deemed to be too broad, and did not strictly identify what it meant by "political". Did that decision apply to any other states? Maybe not. Justice Roberts, writing for the majority, seemed to indicate that the Texas and California laws were constitutional. He said:

"Texas, for example, bans “a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election.”

Roberts also pointed to California, which bans the display of information “that advocates for or against any candidate or measure,” including the “display of a candidate’s name, likeness, or logo,” the “display of a ballot measure’s number, title, subject, or logo,” and buttons, hats or shirts containing such information.

So, don't wear your political clothing to the polls in Texas this November. It is very likely you will not be able to vote until you leave, change, and come back, because the court did not overturn the Texas law -- and the same is true of the other seven states.

I urge everyone to vote, but the polls are not the place to try to convince others how to vote, or the place to start a political argument over the clothing you are wearing. Poll workers have a difficult enough job to do. Don't make it more difficult for them.

FWISD Compromises On County Voting

Last week I posted about the Fort Worth Independent School District refusing to allow Tarrant County election officials to use 34 schools as voting sites. They said they had refused because the schools were taking the TAKS test and they didn't want to disturb the students.

At the time, I rebuked the school district. These schools are public buildings and should be available for important public functions. There is no more important public function than voting. To relocate 34 voting sites at the last minute, even if it could be done, would have caused great confusion for voters and may have even prevented some late voters from finding their new site in time to vote.

It looks like someone in the school district administration has had an attack of common sense. After elections officials asked again to use 33 of the schools, school officials have countered with an offer to allow voting at 30 of the schools.

School district administrators say they still don't want to allow voting at three low-performing schools. They want to do everything they can to see these students are given a chance to improve their test scores. At the other 30 schools, the district will assign an extra person to help keep the testing and voting separate. They are asking that the county also provide extra workers at these sites.

This puts the ball back in the county's court. I believe the school district has made an acceptable compromise offer. The county should find a new site for the three precincts in queston and honor the school district's request for extra workers at the other 30 sites.

There may be some who see this as an effort to dimish the minority turnout, since all three of the schools not being used are in minority neighborhoods. If this was a general election, I might agree.

But this is a primary election, and I believe this was caused by our state leaders blundering and scheduling two important events on the same date. I'm going to give them the benefit of the doubt this time.

However, there will be no excuse for anything like this happening again this November. It is incumbant on state officials to get together and make sure there are no conflicts for the general election. All the traditional voting sites must be available.

For this primary, the county and the parties must cooperate to make sure the voters in the changed precincts know where to go to vote.

No Voting In Schools In Tarrant County

Traditionally in Tarrant County, as in many counties across Texas, a lot of the voting precincts are in schools. But because of a scheduling quirk, it doesn't look like that will happen for this year's primary.

The Tarrant County Elections Department had counted on using 34 schools in the Fort Worth Independent School District, but they have just been notified by FWISD that none of the schools can be used this year. The reason they have been given is that TAKS tests are being given on the same day. The school district administrators feel that the voters would bother the students who are trying to take the test.

This puts the Elections Department in a quandry. They have a very short time to find 34 new election sites -- not an easy task, even in a city the size of Fort Worth. They can't just put them anywhere. They should be in the precinct that is voting.

In off-election years, some precincts have been combined. But this is not an off-year. This is a presidential-election year. Other states are showing record turnouts for the primary elections. If Texas has anywhere near a record turnout, it would be a serious mistake to combine precincts.

It does seem odd that it is only FWISD that is banning the elections from school sites. Other districts in Tarrant County are also holding the TAKS tests on that day, and even though some have voiced reservations, none has kicked the elections out of their schools.

In fact, school districts across the state, including here in the Panhandle, will be allowing elections to be held in many of their schools even though they are also holding the tests on the same day.

I believe the FWISD is overreacting. I voted in Tarrant County schools for over 20 years and I never found the voting sites to be loud or disruptive. If there is some doubt about a site or two, then the school resource officers should be assigned there, or the FWPD should be asked for help.

Schools are public property and paid for with public funds. They have a duty to make themselves available for important public functions. In a republic such as ours, nothing is more important than voting. It is how we choose our government, which affects every part of our lives.

I urge the FWISD to reconsider. Surely something can be worked out.