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Law prohibits political gear from voting locations

October 29, 2008

Voters must leave behind politically motivated buttons, banners and baseball caps when they step inside the voting booth Nov. 4, a U.S. Court of Appeals judge ruled Tuesday.

U.S. District Judge Patrick Duggan ruled that the Michigan Secretary of State’s practice of banning campaign paraphernalia within 100 feet of a polling location is acceptable to ensure order at the polls.

“Campaign solicitors are not allowed within 100 feet of any door being used by voters to enter the building where a polling place is located,” East Lansing City Clerk Nicole Evans said.

The decision comes after the American Federation of State, County and Municipal Employees Council 25 sued the Michigan Secretary of State, claiming the practice violates free speech rights.

A spokesperson for the American Federation of State, County and Municipal Employees could not be reached for comment Wednesday.

“This was never an effort to squash enthusiasm, but to preserve the sanctuary of the polling place on Election Day and, in essence, create an environment for voters to be able to cast their ballots without feeling that they’re being pressured,” Secretary of State spokeswoman Kelly Chesney said.

Chesney said the law has been on the books since the 1950s.

“This is nothing new,” she said.

Evans said voters should not worry about being turned away at the polls if they are wearing or carrying paraphernalia. They can still vote, but they will be asked to remove the item, she said.

“They will be asked to remove or conceal any campaign literature, whether it be a T-shirt, hat or slogan,” she said.

“Once they get back out and beyond that 100-foot barrier, they’re free to display.”

Video cameras, still cameras and recording devices, including cell phone cameras, also are not allowed at polling locations.

To avoid other holdups at the polls, Evans said voters should check www.mi.gov/vote to make sure they know where their precinct is located.

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