June 15, 2018
By: Dwayne Page
A Supreme Court ruling in a Minnesota case relating to “political” apparel at polling places has no impact on current Tennessee law, said Dennis Stanley, DeKalb County Administrator of Elections.
“We know some people will hear the national media reports on that court ruling and think they can now wear campaign material at the polling place and that is not the case,” Stanley said.
In Minnesota Voters Alliance vs. Manksy, the Court struck down a Minnesota law that banned “political” apparel at polling places. The Court determined the law was unconstitutional because it was overbroad and too hard to uniformly enforce. For example, NRA, Black Lives Matter, and I am Pro Life shirts could have been barred under the Minnesota law.
“The Court made it clear it was not ruling on ‘the constitutionality of laws that are not before us,’ meaning its decision only affects Minnesota,” Stanley said.
The Supreme Court previously upheld Tennessee’s law in 1992. Tennessee law, Stanley said, is more specific about what is not allowed within the 100-foot boundary and polling place.
T.C.A. 2-7-111 prohibits “display of campaign posters, signs or other campaign materials, distribution of campaign materials, and solicitation of votes for or against any person, political party, or position on a question” in the polling place and within 100 feet of each entrance to the building containing the polling place.
The Supreme Court pointed to similar laws from other states as potential ways Minnesota could properly regulate what can be worn or displayed in a polling place.