Constitutional Law

'Please I.D. Me,' tea party garb not allowed at Minn. polls

By By The Associated Press

MINNEAPOLIS ? Voters in Minnesota who wear "Please I.D. Me" buttons or tea party T-shirts to the polls today can be told to remove or cover up the items while inside polling places, after a judge denied a coalition's request to ban election officials from questioning the apparel.

U.S. District Judge Joan Ericksen said yesterday that the items could be viewed as political, and that the polling place is supposed to be a place of "peace, order and decorum." If anything, she said, the buttons are designed to affect the actual voting process ? by suggesting voters are required to show ID.

"This intimation could confuse voters and election officials and cause voters to refrain from voting because of increased delays or the misapprehension that identification is required," Ericksen explained in a written order shortly after issuing her ruling in court.

Dan McGrath, executive director of Minnesota Majority, which has been pushing for new laws that would require voters to show photo identification, said that allowing election officials from county to county to make judgment calls on what qualifies as political speech would lead to chaos.

McGrath said he planned to wear his button, which features an illustration of an eye, on Election Day.

"I'm not going to allow them to disenfranchise me," he said. "I'm going to vote." McGrath says he's not a confrontational person, but if an election official asks him to remove the button, "I think I'll be inclined to just say no."

Attorneys for election officials in Ramsey and Hennepin counties said no one would be denied the right to vote. Election judges have been told to ask people to cover or remove any political apparel or insignia. Those who refuse can still vote but will be referred to the Minnesota Office of Administrative Hearings. They could face a petty misdemeanor and up to a $300 fine. The attorneys said the same procedure had been used in the past.

"This isn't anything new. The idea that this is going to be a disaster ... is inaccurate," said Dan Rogan, an attorney for Hennepin County.

Minnesota law states that a person may not wear political badges, buttons or other insignia at or about the polling place on the day of a primary or election. It also states that campaign material advocating for or against a candidate or ballot question may not be displayed within 100 feet of a polling place on primary or election day.

The issue came up after Joseph Mansky, Ramsey County elections manager, was asked specific questions about the "Please I.D. Me" buttons and tea party T-shirts. He told election judges the voters should be asked to remove the items. An election judge and a coalition of groups that form the Election Integrity Watch sued, saying the policies violate the rights to free speech and freedom of association.

The groups claimed the law should be narrowly defined to include material limited to candidates or ballot questions. The groups say the tea party doesn't endorse candidates and the issue of photo IDs at the polls is not on the ballot.

Attorneys for election officials noted two of the candidates on the ballot ? gubernatorial candidate Tom Emmer and secretary of state candidate Dan Severson ? have made photo identification of voters a campaign issue. They also noted that U.S. Rep. Michelle Bachmann founded a tea party caucus in Congress.

Erick Kaardal, an attorney for the coalition, said leaving election judges to define political speech could be problematic, because it's subjective. He pointed to the ongoing issue of whether or not there should be public funding for a new Vikings stadium.

"Would Vikings shirts be banned? The color purple?" he asked.

Midway through the hearing yesterday, Ericksen joked that perhaps everyone should be required to wear a "voting suit. ... a Mylar voting suit that would repel all political speech."

Full post as published by First Amendment Center on November 01, 2010 (boomark / email).