Electioneering: State Statutes on Apparel in Polling Places

2/28/2018

Each state has some form of restriction on political activities near polling places on election days.

Polling place signThese restrictions usually include limiting the display of signs, handing out campaign literature, or soliciting votes within a pre-determined distance (typically 50 to 200 feet) of a polling place. Some states also address what apparel voters can wear within polling places (read NCSL's blog on the electioneering apparel case that made it to the Supreme Court).

This webpage highlights 10 states that have statutory restrictions on apparel in the polling place.

 

 

Table 1: State Statutes

State

Statute

Prohibits

California

§ 319.5

“(a) A display of a candidate’s name, likeness, or logo.

(b) A display of a ballot measure’s number, title, subject, or logo.

(c) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information.”

Delaware

Title 15, § 4942

“the wearing of any button, banner or other object referring to issues, candidates or partisan topics…”

Kansas

§ 25-2430(a)

“wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted election within any polling place”

Montana

§ 13-35-211(1)

“any badge, button, or other insignia that is designed or tends to aid or promote the success or defeat of any candidate or ballot issue to be voted upon at the election.”

New Jersey

§ 19:34-19

“display, sell, give or provide any political badge, button or other insignia to be worn…”

New York

§ 8-104(1)

“…no political banner, button, poster or placard shall be allowed in or upon the polling place…”

South Carolina

§ 7-25-180(B)

“If the candidate enters the polling place, he may not display any of this identification including, but not limited to, campaign stickers or buttons.”

Tennessee

§ 2-7-111(b)(1)

“the display of campaign posters, signs or other campaign materials, distribution of campaign materials, and solicitation of votes for or against any person, political party, or position on a question are prohibited.”

Texas

§ 61.010(a)

“…a person may not wear a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, in the polling place’

Vermont

Title 17, § 2508(a)

“…no campaign literature, stickers, buttons, name stamps, information on write-in candidates, or other political materials are displayed, placed, handed out, or allowed to remain.”

 

For comments or questions, please contact NCSL's election team.