Federal Law on Wearing Political Buttons to the Polls

Although no federal law forbids voters from wearing campaign buttons to a polling place on election day, some state laws prohibit the practice. Supporters say such laws discourage efforts to influence other voters at polling sites, while opponents say these laws violate free speech rights under the First Amendment of the U.S. Constitution.

Significance

All 50 states and the District of Columbia regulate activities around polling sites on election day to prevent voter intimidation. Many states ban "electioneering" activities, including such things as distributing campaign literature around the polling area. Definitions of electioneering differ among states.

Passive Electioneering

In addition to active electioneering activities, some states prohibit passive electioneering, defined as the wearing of clothing or paraphernalia -- including buttons -- that express support for a particular candidate.

Button Bans

At least 10 states -- Vermont, Delaware, New Jersey, New York, South Carolina, Tennessee, Texas, Minnesota, Kansas, and Montana -- forbid voters from wearing political buttons to the polls on election day.

Displaying Materials

Eight other states -- Rhode Island, Virginia, Louisiana, Oklahoma, Wyoming, South Dakota, Hawaii, and Maine -- forbid voters from exhibiting campaign material in a polling place. Maine's law, however, does not extend to campaign buttons.

Interpretation

Whether other states' laws on electioneering prohibit wearing political buttons depend largely on how state election officials interpret the statutory language.

Differing Viewpoints

In some states, Republican Party officials have defended bans on wearing political buttons to the polls, while Democratic Party members and the American Civil Liberties Union (ACLU) consider the bans a violation of free speech rights.

References

• What Voters Wear: Battle Over Dress Codes

Resources

• State Laws Regarding Wearing Political Buttons