Post by aggiejazz on Oct 8, 2008 20:27:13 GMT -5
Below is a response to my email about wearing Obama T-shirts at the polling place.
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There is an email circulating nationally with a warning about wearing candidate t-shirts on election day. Some versions of the email are directed at particular candidates’ supporters. For more information on this, see www.snopes.com/politics/ballot/electioneering.asp. (Snopes.com is a website dedicated to researching online rumors.)
The laws that Snopes discusses are from states that vaguely prohibit “electioneering” inside the polls. Virginia’s law is more specific, and prohibits “exhibit[ing]...campaign material” within the 40-foot prohibited area and inside the polling place. The prohibitions on activity inside in the prohibited area apply to “any person” while the prohibitions on activity inside the polling place apply to “any authorized representative, voter, or any other person in the room”.
Below is the response that we have been sending to voters asking us what the law is in Virginia. I’m taking the unusual step of sending this out to all the GRs between newsletters because I have heard this morning from several registrars who were also being bombarded with calls and emails on this issue. So, I hope you won’t mind.
Rosanna
Regarding voters inside the polling place when they go to vote, § 24.-604 of the Code of Virginia provides (in part):
A. During the times the polls are open and ballots are being counted, it shall be unlawful for any person (i) to loiter or congregate within 40 feet of any entrance of any polling place; (ii) within such distance to give, tender, or exhibit any ballot, ticket, or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote; or (iii) to hinder or delay a qualified voter in entering or leaving a polling place. ...
D. It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election.
E. The officers of election may require any person who is found by a majority of the officers present to be in violation of this section to remain outside of the prohibited area. Any person violating subsection A or D of this section shall be guilty of a Class 1 misdemeanor....
Enforcement of this section is assigned to the Officers of Election, who are appointed and supervised by the local Electoral Board, so while enforcement may vary somewhat in different localities, the law does prohibit “exhibit[ing]...campaign material” within 40 feet of any entrance to a polling place, or inside the room. A violation of this law is a Class 1 misdemeanor (see leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-11).
A voter “exhibit[ing]...campaign material” would probably be asked by the officers, if they notice it, to remove or cover the campaign material while they are inside the polling place and prohibited area.
Outside of the polling place or the 40-foot prohibited area, state law has nothing else to say on the subject beyond the requirement for reporting of campaign finance matters.
Rosanna L. Bencoach
Policy Manager, State Board of Elections
200 N 9th Street, #101 * Richmond, Virginia 23219
(804) 864-8930 (direct) * (804) 864-8901 (main) * (800) 552-9745 (toll-free)
rosanna.bencoach@sbe.virginia.gov
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There is an email circulating nationally with a warning about wearing candidate t-shirts on election day. Some versions of the email are directed at particular candidates’ supporters. For more information on this, see www.snopes.com/politics/ballot/electioneering.asp. (Snopes.com is a website dedicated to researching online rumors.)
The laws that Snopes discusses are from states that vaguely prohibit “electioneering” inside the polls. Virginia’s law is more specific, and prohibits “exhibit[ing]...campaign material” within the 40-foot prohibited area and inside the polling place. The prohibitions on activity inside in the prohibited area apply to “any person” while the prohibitions on activity inside the polling place apply to “any authorized representative, voter, or any other person in the room”.
Below is the response that we have been sending to voters asking us what the law is in Virginia. I’m taking the unusual step of sending this out to all the GRs between newsletters because I have heard this morning from several registrars who were also being bombarded with calls and emails on this issue. So, I hope you won’t mind.
Rosanna
Regarding voters inside the polling place when they go to vote, § 24.-604 of the Code of Virginia provides (in part):
A. During the times the polls are open and ballots are being counted, it shall be unlawful for any person (i) to loiter or congregate within 40 feet of any entrance of any polling place; (ii) within such distance to give, tender, or exhibit any ballot, ticket, or other campaign material to any person or to solicit or in any manner attempt to influence any person in casting his vote; or (iii) to hinder or delay a qualified voter in entering or leaving a polling place. ...
D. It shall be unlawful for any authorized representative, voter, or any other person in the room to (i) hinder or delay a qualified voter; (ii) give, tender, or exhibit any ballot, ticket, or other campaign material to any person; (iii) solicit or in any manner attempt to influence any person in casting his vote; (iv) hinder or delay any officer of election; or (v) otherwise impede the orderly conduct of the election.
E. The officers of election may require any person who is found by a majority of the officers present to be in violation of this section to remain outside of the prohibited area. Any person violating subsection A or D of this section shall be guilty of a Class 1 misdemeanor....
Enforcement of this section is assigned to the Officers of Election, who are appointed and supervised by the local Electoral Board, so while enforcement may vary somewhat in different localities, the law does prohibit “exhibit[ing]...campaign material” within 40 feet of any entrance to a polling place, or inside the room. A violation of this law is a Class 1 misdemeanor (see leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-11).
A voter “exhibit[ing]...campaign material” would probably be asked by the officers, if they notice it, to remove or cover the campaign material while they are inside the polling place and prohibited area.
Outside of the polling place or the 40-foot prohibited area, state law has nothing else to say on the subject beyond the requirement for reporting of campaign finance matters.
Rosanna L. Bencoach
Policy Manager, State Board of Elections
200 N 9th Street, #101 * Richmond, Virginia 23219
(804) 864-8930 (direct) * (804) 864-8901 (main) * (800) 552-9745 (toll-free)
rosanna.bencoach@sbe.virginia.gov
