Yesterday a coworker forwarded an email to me asking if the information in it was true:
Not sure if this is true but it was sent to me and I’m forwarding it along just in case there is any validity to it.
FYI......If by chance you are not of this, I just called the Board of Elections in Maryland and confirmed that you cannot come within 100 feet of the voting polls wearing any garment that shows the candidate you are supporting/voting for.
I see a lot of Obama hats and shirts. It is important that people are aware of this.
_______________________________________________________________________
Please spread the word...
We looked it up and this is true!
This morning I heard on the Steve Harvey show that on the day of elections you CANT show up to vote wearing any thing that show’s who you are voting for....like Obama T-shirts, buttons, or anything like that or you will be turned away. They say it’s against the law, and a lot of people don’t know that so please spread the word.
It didn't seem right that people couldn't wear campaign gear while voting, and the claims to have already verified the information, and that it came from a trustable source, Steve Harvey, indicated to me that the information was an urban myth at best and a GOP scam targetting the African American community at worst.
I called the Maryland Board of Elections and spoke to someone who said they were aware of the emails, and that I was correct, that was not the law. So I posted a diary.
There were three reactions to the diary: 1. "Fucking GOP," 2. "The Maryland Board of Elections website actually says it is illegal to wear campaign gear," and 3. "I'm a poll worker/judge/obsessive compulsive comment poster and the interpretation only applies to campaigns, not individuals."
I got pretty heated, as is my nature, and flamed a couple folks. Sorry about that, but remember, where's there's steam there's often an industrial boiler.
So I contacted the MDBOE. Thus began a scary 1.5 hour journey into election regulations.
Initially, I received this email:
Dear Mr. [SPX]:
Maryland law prohibits electioneering within 100 feet of the entrance or exit to a polling place on election day. The 100-foot "No Electioneering" zone is measured from the entrance/exit of the building closest to the room in which voting actually takes place.
No electioneering means that no canvassing, electioneering, campaigning, or posting of any campaign material is permitted within the zone. "Posting of any campaign material" is broadly interpreted to mean the wearing of any article of clothing, hat, sticker, or button that indicates support of or opposition to any candidate, question, or political party.
The Chief Election Judges at each polling place post signs designating the "No Electioneering" zone. Election judges are instructed to strictly enforce the "No Electioneering" prohibition, including calling the police to enforce it, if necessary.
A person who violates the prohibition is guilty of a misdemeanor and subject to a fine of not less than $50 nor more than $500, or imprisonment for not more than 60 days, or both.
This is essentially the same language as included in the link above. But it still seemed unclear, because there is no definition of "electioneering" included. Long years of working with lawyers has taught me to always know what the definitions mean.
So next I called my new email buddy, we'll call him Jimmy-Bop. Jimmy-Bop and I discussed the regulation, and he explained to me that it probably hasn't been enforced in the past because election judges:
- Don't want to bring more attention to the campaign gear, and just let the person go.
- May ask the person to simply hide the gear.
I responded that this was a bit crazy, especially with an upcoming election, to have unclear and possibly unfair (to people who haven't heard of such a thing, like me) regulations in place, especially if regulation has never been enforced. I suggested that the MDBOE clarify the regulation, and quit giving contradictory answers. Jimmy-Bop commisserated with my frustration, and I deleted my diary.
Ten minutes later I got the following email from Jimmy-Bop:
A voter may wear campaign paraphernalia (buttons, t-shirts, or stickers) into the polling place while he or she is there to vote (the voter may not linger in the polling place after voting). However, an election judge, challenger and watcher, or other person stationed inside the polling place or within 100 feet of the polling place may not wear or display campaign materials
Yes, that's right, they figured out that my interpretation was correct, and posted it to their FAQ immediately!
Moral of this story? Don't stick your hand in a hippo's mouth. But I was never good with Rudyard Kipling. What I learned is that even in Maryland, a rather pristine and well-run Democratic state, election regulations are vague, poorly-understood, and present the opportunity for serious misintrepretation.
That's all really,
SPX