Groups say they’ll sue to overturn clothing ban

BY TYLER WHITLEY
Media General News Service
Published: October 30, 2008

Three free-speech advocacy groups said Wednesday they will go to court after the election to try to overturn a state ban on the wearing of campaign paraphernalia to the polls on election day.

The ACLU, the Thomas Jefferson Center for the Protection of Free Expression and The Rutherford Institute said the ban violates the First Amendment, free-speech rights of voters.

The three groups said they will ask a federal court to strike down the policy as unconstitutional before the next state and local elections in 2009.

The State Board of Elections says the ban merely enforces a state law that bans electioneering within 40 feet of the polls. As such, it is unlawful for a voter to exhibit campaign material within the 40-foot area or to attempt to influence the person’s vote.

Nancy Rodrigues, Secretary of the State Board of Elections, said she appreciates that the groups are waiting until after Tuesday’s election.

“We are just following the law,“ she said. It is up to the General Assembly or the courts to overturn the law, she said.

While voting this month to enforce the law that bans the wearing of T-shirts or campaign stickers, the State Board said registrars should not use the law to prohibit anyone from voting. It has recommended that election officials keep clothing at polling places that voters could use to cover up T-shirts that promote a candidate.

But the poll officials have been asked to file an incident report with their local Commonwealth’s Attorney, if someone insists on wearing the material.

This is essentially “a dress code policy,“ said John W. Whitehead, president of The Rutherford Institute.

Tyler Whitley is a staff writer at the Richmond Times-Dispatch.