Why you can’t wear a political T-shirt to vote

AUSTIN (KXAN)—An incident at a polling place in San Antonio, where a man allegedly assaulted an election worker over a political hat sparks a campaign debate as early voting continues in Texas.

The Texas Election Code defines campaigning as “posting, using, or distributing political signs or literature.” While not inherently illegal, canvassing within 100 feet of a polling place is a Class C misdemeanor, the least serious crime in Texas. Class C misdemeanors carry fines of up to $500.

Precincts for both early voting and Election Day voting must mark a 100-foot line, and no candidate or party advertising signs may be placed within that line.

However, “signs and literature” covers more than just signs or brochures. For example, Texas is one of 21 states where voters are not allowed to wear clothing that supports or opposes a candidate, regardless of party or politician.

Texas man accused of punching election worker after asking him to remove Trump hat

The use of a loudspeaker or other type of amplifier for speaking or other campaigning is also prohibited within 1,000 feet of polling places. Even if the speaker is outside 1,000 feet, if voters can hear the message within 100 feet, the poll clerk or election judge may call law enforcement to enforce campaign rules.

Sometimes the term campaigning is used to refer to things that are not directly related to behavior near polling stations. At the beginning of this year Texas Attorney General Ken Paxton sued the Hutto Independent School District for what he called illegal election campaigning. He accused the district of using government resources to advocate against certain policies that actually violate the Texas Election Code.

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Federal law also protects against voter intimidation. Voter intimidation can include aggressively asking voters about their citizenship, criminal record, who they plan to vote for, or otherwise interfering with someone’s right to vote. Spreading misinformation about voting, such as the need to speak English to vote, also falls under voter intimidation.

The Texas Secretary of State has issued an advisory with a a guide to dos and don’ts at polling stations.

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