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On Election Day, leave those campaign buttons at home
 
Wednesday, Oct 15, 2008 - 12:09 AM Updated: 09:24 PM
 
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By TYLER WHITLEY
TIMES-DISPATCH STAFF WRITER

Don't wear a Barack Obama or John McCain T-shirt when you go to vote Nov. 4. Don't wear political campaign buttons or stickers, either.

The State Board of Elections yesterday adopted a policy that would bar from the polls the wearing of campaign materials that expressly advocate a candidate.

Jean Cunningham of Richmond, chairwoman of the board, said no one would lose the right to vote under the new policy.

Election officials should keep "choir robes" or some other clothing at the polls so people wearing materials that promote a candidate could cover them up before voting, she said. Cunningham said she once saw someone voting who wore a black plastic bag as covering.

The board has had the policy in the past because of a state law that prohibits electioneering, including exhibiting campaign material, within 40 feet of a voting precinct, but it never has put the policy into writing.

The result has been inconsistent enforcement around the state, said James Alcorn, an official with the State Board of Elections. He surveyed each of the 134 voting registrars. The policy is needed to promote uniformity on Election Day, the board decided.

Representatives of the American Civil Liberties Union and Lawyers Committee for Civil Rights Under Law objected, saying the policy might inhibit voting and restrict the exercise of free speech.

But the board cited two court opinions that polling places are "not public platforms."

Prohibiting campaign stickers has a practical effect, said Nancy Rodrigues, secretary of the elections board. Some people will place a sticker on the voting machine while voting. This requires elections officials to shut the machine down and clean it off, Rodrigues said.

But, after adopting the policy, the board began offering hypotheticals.

Cunningham wondered what would happen if someone were wearing a T-shirt that reads "I'm an American and I don't eat mooseburgers" or "we don't elect terrorists to office."

Margaret Senner, of the Lawyers Committee, warned that the policy would leave too much interpretation to local election officials and that it would slow down voting.

After first striking "expressly" from the advocacy policy, the board decided to reinstate it to make sure it applied only to direct appeals.

To prepare against voter fraud, Justice Department officials and representatives of the FBI were on hand to offer their services to the board. Rodrigues said the board has been working closely with local commonwealth's attorneys to make sure laws are not broken.

She also said about 2,500 voter-registration applications have been rejected because they were mailed after the 5 p.m. Oct. 6 deadline.

Contact Tyler Whitley at (804) 649-6780 or twhitley@timesdispatch.com.

 
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