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Freedom of speech allowed at polls
BY MECHELE COOPER
Staff Writer
Kennebec Journal & Morning Sentinel 10/25/2008

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BY MECHELE COOPER

Staff Writer

Marilyn Palmer would never turn anyone away from the polls wearing a John McCain button or favorite Barack Obama T-shirt.

Voting is a person's constitutional right.

But Manchester's town clerk said she would take issue if you want to hang around and chat with your friends.

Then she'll ask you to remove the button or turn your shirt inside out.

Maine is one of four states that has explicit rules regarding campaigning buttons, stickers and badges inside a polling place.

"Everyone has the right to vote," Palmer said. "All we would do is ask them to remove the button or change the T-shirt and then they can come back into the polling place."

A widely circulated e-mail warning potential Obama voters to leave campaign buttons and T-shirts home on Nov. 4 -- or risk of getting turned away from the polls -- has been circulating around Maine colleges, including the University of Maine at Augusta and Colby College, according to Rebecca Pollard, director of the Maine Democratic Party.

"It's very important that we correct the misinformation or confusion about Maine's law that some e-mail chains are spreading," Pollard said. "Voters may wear T-shirts or buttons to the polls that support a particular candidate as long as they vote and leave and do not engage in electioneering, meaning they cannot stand around advocating for a particular candidate."

In Kentucky, elections officials last month told poll workers they could admit voters decked out in campaign apparel after e-mails circulated warnings that Obama supporters would be turned away if they wore shirts and pins.

In Chapter 8 of "Election Day Duties: Restrictions on Political Activities at the Polls," it says no one, including candidates or members of their families, can stand within 250 feet of the voting place on public property wearing T-shirts, name tags or other badges containing a candidate's name. This also includes campaign stickers and decals on parked vehicles.

People also can't display advertising material or distribute campaign literature within 250 feet.

The state even has rules about the size of buttons worn by voters in a polling place. The dimensions cannot exceed 3 inches.

Deputy Secretary of State Julie Flynn said Maine's laws allow voters political freedom of speech but draws the line when voters hang around the voting place and root for their candidate.

"They're able to come and vote, but if they want to stay around and watch, they have to go home and change the shirt, or, if it's a button, remove it," Flynn said.

The U.S. Supreme Court has ruled that restriction on the constitutional protection of speech acceptable because of what they called time, place and manner standards. The First Amendment Center puts it another way: "people have the right to march in protest, but not with noisy bullhorns at 4 a.m. in a residential neighborhood."

Pollard said the Maine Democratic Party will have attorneys at many of the polling locations, particularly in college towns, on Election Day to look out for any attempts at voter suppression or electioneering.

Mark Ellis, state chairman of the Maine Republican Party, said his party also will be organizing poll-watching activities in targeted communities.

"As with both parties, our effort is not in response to anticipated problems, rather it is to ensure that the important right of voters is honored through a smooth and fair process at the polling place," Ellis said.

College students, especially, like to express their views with logos on their T-shirts and stickers on their vehicles. Both parties have said they expect a record turnout of young adults this year.

Election officials in college towns "will probably be learning more about (restrictions on political activities) and dealing with younger people," said Gardiner Town Clerk Deirdre Berglund. "We've never had a problem with the dress code. We've had people with campaign buttons but they come in and vote then leave."

Barbara Wardwell, Augusta city clerk, said her voters will keep her informed of any kind of activity where people are lingering around with campaigning apparel or badges.

"We let people come in for voting, they just can't loiter around," Wardwell said. "We also have people come in with bumper stickers on their cars. If they're going to be here for any extended period of time, they can't park too close to the entrance of the polling place. Most of the time it's the voters who tell me about it. They'll say 'You know a car's in the parking lot with a sticker on it.' I have what I call my sign watchers out there."

Her sign watchers are concerned voters who keep an eye out for illegal campaigning.

She said people can wear red, white and blue shirts and buttons to show their patriotism or "I Voted Today" buttons.

The state also has a "Vote in Honor of a Veteran" program created by former Secretary of State Dan Gwadosky. People can purchase a personalized button honoring a veteran that can be worn at the polls, she said. They can buy the button online at www.maine.gov/sos/cec/elec/voter_info/veteran/order.html

Secretary of State Matthew Dunlap said his office he would back any action taken by election officials on Nov. 4. His office gets calls every year from election officials asking for advice.

"Once we had a guy who refused to move his car and they called the police and we supported them on that," Dunlap said.

"This is critical stuff and it happens every election. The warden is trying to maintain order so you don't have people shouting at each other and intimidating people from going in the polling place."

Mechele Cooper -- 623-3811, Ext. 408

mcooper@centralmaine.com

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