The Republicans are making an issue out of a misguided directive that poll workers might want to prevent voters from wearing World Wrestling Entertainment garb when they're casting their ballots. I don't blame them.
But I don't understand why nobody's focusing on the larger issue: why do we allow election officials to prohibit political buttons and other paraphernalia at the polls at all?
The law in Connecticut says that "no person shall solicit in behalf of or in opposition to the candidacy of another or himself or in behalf of or in opposition to any question being submitted at the election or referendum, or loiter or peddle or offer any advertising matter, ballot or circular to another person within a radius of seventy-five feet of any outside entrance in use as an entry to any polling place or in any corridor, passageway or other approach leading from any such outside entrance to such polling place or in any room opening upon any such corridor, passageway or approach...."
But the law clearly flies in the face of the First Amendment's guarantee of free speech and the state's own Constitution, which proclaims that "every citizen may freely speak."
While few of us would want to be harassed by party workers as we cast our ballots, it's plain silly that supporters of Linda McMahon, for example, can't wear a shirt with her campaign logo on it when they go to vote. Who's harmed?
Moderators at every polling place already have the discretion to prevent people from causing any problems that might hinder the voting process. Heck, they can even throw out a too-pushy reporter if they must.
But since when is a political button or a leaflet in someone's hand or a Dan Malloy hat or a Ann Brickley t-shirt undermining anybody's ability to do anything?
This law amounts to a dress code policy for voters. It's an absurdity that is patently unconstitutional and, even worse, just plain dumb.
In this country, we have faith in free speech. We shouldn't chuck it come Election Day.
Update: After reading the entire section of the code dealing with polling places, it's pretty clear to me the whole thing is ridiculous. Students are allowed to watch only between noon and 3 p.m. and only if no more than four of them are present. Children are only allowed to accompany a parent or guardian until they turn 16, then I guess they're not to be there, though even that's a little unclear. Violators face up to $50 fines and three months in prison. God forbid a fifth student comes down to watch! And why would we care if a 17-year-old watches his mom vote? I'm perplexed by the logic of all of this.
By the way, the only penalty in the statute for wearing political garb is to get booted from the polling place so don't worry about going to jail for three months if you decide you just can't take that John Larson t-shirt off before you go to vote.
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Copyright 2010. All rights reserved. Contact Steve Collins at scollins@bristolpress.com
12 comments:
Steve, agree with you completely on this issue. A button or a hat, etc shouldn't make any difference whatsoever. No one would have made a fuss about this had not the Secretary of State raised the issue initally. Her statement did not come across as a "misguided comment".
GO NAKED!
THAT MIGHT ATTRACT (OR DISCOURAGE) SOME VOTERS
Steve,
It is completely inappropriate of you to title your blog post "go ahead and wear political garb at the polls". This is your opinion, not a statement of what is permissible. Such conduct is prohibited by law. I don't know that people reading you post will appreciate that fine distinction (as it is not apparent), any you may well be subjecting them to unnecessary headaches on election day. As well, you should be careful. People read this blog thinking that its news. Headlines like this may be taken literally.
Our election workers are hard-working volunteers from both parties. You will be subjecting them to headaches that they also don't need. If you have a free speech / political speech issue concern, then take it up with the legislature. Don't advocate that your readership break the law. They might not get arrested or fined, but they will be mightily annoyed, and it may cause them to spend more time waiting n line to vote, and increase the waiting time for others, as well.
Noon -- Fair point. I revised the headline.
I would point out, though, that an unconstitutional law is not a law at all. So wearing political gear is not illegal.
This issue came to a head in Virginia in 2008 and after three separate groups sued the state, the legislature there changed the law to allow voters to wear buttons, etc.
Thank you for changing the headline.
We don't need to discuss the fine points of constitutional law. However, I would hazard a guess that an "unconstitutional law" is still a law, for purposes of law breaking, in a very real way. Meaning that "unconstitutional" law breakers still get treated like regular law breakers, because "unconstitutionality" is not based upon the law breaker's perspective.
2:27 - Fortunately, the penalty for breaking this "law" is merely removing the political button or whatever. It's an annoyance, not a real hazard to anyone.
But I would also say that poll workers would be better off ignoring violations than trying to enforce something that's plain wrong.
I posted this on twitter...think someone clicked on the link...You can tell that person was not from Bristol..
By wearing WWE garb that means they endorse steroid use. Oh, THAT'S RIGHT; there WAS NO STEROID USE IN THE WWE!!!! LMAO! If you believe that, there's a bridge in Brooklyn I'd like to sell you! lol.
Yay! McMahon wins!!!
bysiewicz has to go - ooops, thank goodness she will be gone in january.
supporters of Linda McMahon, for example, can't wear a shirt with her campaign logo on it
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Linda did NOT make the W.W.E. part of the campaign . Blumenthal did . Soooo.... it appears the W.W.E. apparel is more representative of that lying business busting idiot dumocrat than the gorgeous Linda .p.s. Connecticut will be better off once we are rid of Blumenthal and Bysowitch .
And they wonder why voter turnout is so low....
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