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Committee clarifies law to cover campaign apparel inside polling buffer zone
Summary
Lawmakers adopted changes to clarify electioneering protections: House Bill 281 would explicitly ban candidate- or proposition-related apparel inside the campaign-free zone around polling places, aligning statute with current practice and court precedent.
House Bill 281, carried by Representative Weibel on behalf of Representative Noel, clarifies that items worn within the campaign-free zone — the polling location and a 600-foot radius around it — may not advocate for or against any candidate, proposition or political party appearing on the ballot. The bill explicitly names apparel (shirts, hats, buttons) as prohibited ‘political advertising’ within the buffer zone.
Secretary of State Nancy Landry and Commissioner Sherry Hatzke told the committee local election officials have experienced disputes about whether clothing constitutes “displaying” political material; the bill codifies the office’s longstanding interpretation that slogans and candidate names on apparel are prohibited when tied to an election on the ballot. Hatzke cited court guidance (Manske case) and explained that the buffer zone is treated as a nonpublic forum where certain content-based restrictions are permissible so long as they are reasonable.
Committee members asked about enforcement and edge cases: officials said poll workers may ask someone to turn clothing inside-out, change clothing, or leave; law enforcement can be called if a person refuses. Officials said the 600-foot buffer does not apply to private property and stressed the rule is intended to protect voters from intimidation and preserve peace at the polls. Representative Newell moved the bill favorably; the committee advanced HB 281 by voice vote with no objection.
