The Nov. 5 election is here, and millions of Texans have already cast their ballots during the early voting period.
While thinking about when and how to vote, and what to bring with you, it’s also important to consider what you can and cannot wear to the polls.
Can you wear MAGA hats, Harris-Walz shirts to vote?
No. Texas law prohibits “electioneers for and against any candidate, measure, or political party.” “Electioneering” is defined as “the posting, use, or distribution of political signs or literature.” This applies to voters, poll workers and loiterers during the voting period within 100 feet of a polling place.
Under state law, it is illegal to wear shirts, hats, buttons or masks supporting a political candidate at polls. Voters who do not heed this rule will be asked to turn their shirts inside out and leave accessories in their vehicles. Those who refuse or resist can be charged with a Class C misdemeanor, resulting in a fine of up to $500.
Last week, a Texas man was arrested for assaulting a voting clerk at an early voting site. Authorities say Jesse Lutzenberger, 63, punched the poll worker after the 60-year-old worker asked him to remove his “Make America Great Again” hat. The Bexar County Sheriff’s Office confirmed Lutzenberger was charged with injury to an elderly person — a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000.
What’s considered ‘electioneering’?
Aside from more obvious examples of electioneering — like a “Make America Great Again” hat or a Harris/Walz T-shirt — what is considered electioneering can vary by the location’s election officials. Apparel with slogans like “Black Lives Matter” and “Don’t Tread On Me” might be considered OK in some places but not others, due to their perceived association with political candidates and parties.
Items supporting past candidates or measures are allowed at the polls.
Other rules for polling locations
In addition to electioneering, the use of most technology is prohibited within 100 feet of polling locations. Phones, computers, cameras and other devices capable of recording sound or images are prohibited. Election officials may require voters to deactivate their phones while inside a voting station.
Although open carry is legal in Texas, guns are not allowed within 100 feet of polling places. Firearms and other prohibited weapons may not be taken into such premises during early voting or on the day of an election, Texas law states.
The use of loudspeakers or other means of sound amplification for electioneering purposes or to make a political speech is illegal within 1,000 feet of polling locations. This includes loudspeakers in vehicles.