Minn. voter clothing restrictions struck
WASHINGTON — The Supreme Court on Thursday struck down Minnesota’s restrictions on voters wearing “political” hats, Tshirts and pins to the polls, but said states can place limits on such apparel.
Minnesota contended the restrictions were reasonable, kept order at polling places and prevented voter intimidation.
But the justices, in a 7-2 ruling, said the state’s limits on political clothing violate the free speech clause of the First Amendment.
Chief Justice John Roberts wrote that “if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here.”
But he gave states room to set boundaries.
“Casting a vote is a weighty civic act, akin to a jury’s return of a verdict or a representative’s vote on a piece of legislation. It is a time for choosing, not campaigning. The State may reasonably decide that the interior of the polling place should reflect that distinction,” he wrote.
Andy Cilek was blocked from voting in 2010 while wearing a “Tea Party Patriots” shirt. He said the case isn’t about T-shirts or buttons, but rather “political exploitation of a statute that was overly broad.”
Most states restrict what people can wear when they vote, but Minnesota’s restraints were some of the broadest. State law bars voters from casting a ballot while wearing clothing related to a campaign, such as a T-shirt with the name of a candidate.
It also said voters couldn’t wear a “political badge, political button, or other political insignia” to vote. That was the part of state law that was challenged and invalidated by the court.
Roberts said the problem came down to the word “political,” which state law didn’t define. Andy Cilek, of Eden Prairie, Minn., defied elections officials after he was asked to cover up a tea party shirt and button.