SAN ANTONIO — Texas is one of 21 states where people are not allowed to wear political clothing in or within a certain distance of polling sites.
“The law in Texas is pretty clear," said Jon Taylor, a UTSA political science professor. "It’s on electioneering in general that you’re not supposed to do certain things or say certain things, you’re not supposed to wear certain things."
Texas election code forbids political promotion within 100 feet of the “outdoor door through which a voter may enter the building in which a polling place is located.”
The rules account for signage and clothing. Those who refuse to comply could face a Class C misdemeanor and a fine of up to $500.
“A person may not a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot,” according to the election code.
“If it feels like it’s a campaign thing, if it feels like you’re pushing for a particular candidate, that’s gonna probably be viewed as electioneering. If you’re wearing a T-shirt or a hat, you’re going to be asked to turn your T-shirt around or take your hat off,” Taylor said.
Taylor recounted his voting experience when he was told by an elections worker to put away his phone when exiting the polling site. Simply checking your phone for the time as Taylor did isn’t permitted.
Last Thursday, 63-year-old Jesse Lutzenberger allegedly punched an election clerk upon leaving the Johnston Library polling site.
According to the Bexar County Sheriff’s Office, Lutzenberger initially complied with a poll worker’s demands to remove his hat that read “Make America Great Again.” After voting, Lutzenberger allegedly put the hat back on and got physical with an election clerk who was escorting him out. He faces charges of injury to an elderly for assaulting a 69-year-old poll worker.
“That, by the way is not electioneering law," Taylor said. "By that point that’s criminal law that’s at play here,."
First-time voter Rick Rodriguez talked with fellow voters at the Cody Library polling site and spoke with at least one person who had to make a quick wardrobe change of the word "Boerne" on his shirt.
“They probably thought it was 'Boerne Sanders'. He was told turn it inside out and the guy said, 'I’m cool with that as long as I don’t lose my place in line,'" Rodriguez said.
Rodriguez said he has no problem with the election code and restrictions on clothing. He’s just glad there’s an opportunity for people to politically express themselves, its boundaries marked by orange cones 100 feet away from the polling site.
“I guess if you can wear whatever you want to wear on that side it’s fair. Everybody can represent, as long as there’s peace,” Rodriguez said.