Texas clerk punched after telling man to take off hat: Sheriff

A Texas man attacked an election clerk after he was asked to remove a red “Make America Great Again” hat at an early voting location, authorities said.

Jesse Lutzenberger, 63, was arrested Thursday and charged with battery to an elderly person, according to a news release from the Bexar County Sheriff’s Office. He faces a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000.

Online district court records show Lutzenberger posted a $30,000 bond and was released from the Bexar County Adult Detention Center.

According to the Bexar County Sheriff’s Office, the incident happened around 6:30 p.m. Thursday at the Johnston Branch Library in southwest San Antonio. Lutzenberger, who wore a red MAGA hatentered the library and a 69-year-old early voting clerk asked him to remove his hat, Bexar County Sheriff Javier Salazar said at a news conference Friday afternoon.

“The early voting clerk informed him that he was not allowed to wear that hat while voting because it was against election campaign laws,” Salazar added.

Lutzenberger initially complied and voted, but Salazar said he put his hat back on as he left the precinct. The ballot clerk then told Lutzenberger it was “unacceptable” for him to wear a hat in the library and began escorting him out of the building, Salazar said.

As Lutzenberger and the clerk approached the door to exit the building, Lutzenberger “appeared to throw his arm back at the victim,” Salazar said, citing security footage.

“The victim seemed to push away from the suspect,” Salazar added. “At that point, the suspect turned and struck the victim several times directly in the face.”

The poll clerk was not seriously injured, but had “some marks on his face,” Salazar said.

Texas is one of 21 states prohibits people from wearing campaign clothingbuttons, stickers and posters at or near polling places, according to the National Conference of State Legislatures.

Texas election code prohibits the wearing of clothing, hats, buttons or masks in support of a political candidate at the polls. Voters who do not comply will be asked to turn their clothing inside out and leave accessories in their vehicles, and those who refuse or resist can be charged with a Class C misdemeanor, which carries a fine of up to $500.

Harris vs. Trump poll: Americans trust the count, but worry about violence

“Violence has no place in our election process”

Local authorities condemned the incident and reminded voters to follow state laws.

Bexar County Elections Administrator Jacques Callanen said during a news conference last week that while some may be unhappy with the election law, she urged people to “stay within the law so that no one is intimidated and everyone can come and vote freely,” according to KSAT- TV.

Salazar pointed to several incidents in the district during this year’s election cycle, such as “false alarms,” including at least one “shooting-type call.” He also noted other cases where voters came to polling stations wearing clothing supporting a political candidate.

“I’m just using it as an opportunity to try to tone down what’s going on there,” Salazar said. “Listen, there’s nothing here worth suffering or going to jail for. This election will happen one way or another. One side wins, the other loses. That’s the nature of things.”

“But there’s no point in filing a criminal case, collecting a criminal record, injuring or even killing someone in the name of politics, it just doesn’t make sense,” Salazar added. “That’s why we’re asking everyone to reduce the violence.”

Bexar County Judge Peter Sakai said in a statement that “violence has no place in our election process.”

“Such behavior will absolutely not be tolerated. We will not allow anyone to disrupt the election process,” Sakai said. “We want to protect and defend the right to vote for all voting citizens. Let’s respect everyone who participates in our voting process.”

In a statement, Bexar County District Attorney Joe Gonzalez said his office will “vigorously prosecute” Lutzenberger and anyone else “who engages in this type of criminal behavior.”

“The right to vote is sacred in our country and is the foundation of our democracy,” Gonzalez said. “But no one has the right to attack, threaten, harass or intimidate an election service worker or a voter.”

In the pre-election season, the number of threats to election workers and officials increased

Thursday’s incident is the latest in a growing number of threats and aggressive actions against election workers and officials.

At the beginning of this year Arizona Secretary of State Adrian Fontes warned that threats against representatives of US election bodies are a form of domestic terrorism. Fontes’ comments came amid heightened fears of violence surrounding the 2024 election.

This is reported by USA TODAY that threats to election workers and other government officials have only intensified during this year’s election cycle. Several incidents around the country have led to charges, including an Arizona man accused of shooting up a Democratic campaign office and a California man accused of bombing a courthouse.

“As we approach Election Day, the Department of Justice’s warning remains clear: Anyone who unlawfully threatens an election worker, official or volunteer will face consequences,” Attorney General Merrick Garland said in a statement Wednesday. “For our democracy to function, Americans who serve the public must be able to do their jobs without fearing for their lives.”

In response to these threats, election officials have also beefed up security at polling stations, adding bulletproof glass, more surveillance cameras and panic buttons. USA TODAY reported in September that a local sheriff recommended a Colorado election worker wear a bulletproof vest after he was tracked home, and his staff began keeping Narcan in their office in case of a fentanyl attack.

“Unfortunately, this has become a normal part of our daily lives,” Josh Ziegelbaum, an elected county clerk and recorder in suburban Denver, told USA TODAY.

Contributors: Bart Jansen, Trevor Hughes and Elizabeth Beyer, USA TODAY; Alexis Zimmerman, Austin, American statesman