Subject: Re: [EL] WWE merchandise at Connecticut polls
From: Bill Maurer
Date: 10/25/2010, 1:21 PM
To: Rick Hasen <rick.hasen@lls.edu>, "richardwinger@yahoo.com" <richardwinger@yahoo.com>
CC: EugeneVolokh <VOLOKH@law.ucla.edu>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

Do any of the wrestlers who work for WWE live in Connecticut?  I’d like to see what would happen if someone told the Iron Sheikh or the Undertaker that they had to take their WWE shirts off to vote.

 

From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Monday, October 25, 2010 1:06 PM
To: richardwinger@yahoo.com
Cc: EugeneVolokh; election-law@mailman.lls.edu
Subject: Re: [EL] WWE merchandise at Connecticut polls

 

This is not a new issue.  There were lots of questions about Obama t-shirts in 2008.  See this article with a 50-state survey of the law:
http://law.bepress.com/cgi/viewcontent.cgi?article=4685&context=expresso
"You Can't Wear That to Vote": The Constitutionality of State Laws Prohibiting the Wearing of Political Message Buttons
Kimberly J. Tucker American University Washington College of Law

See also this:
http://www.snopes.com/politics/ballot/electioneering.asp

http://www.khou.com/news/Obama-T-shirt-Serves-as-Voting-Dress-Code-Reminder-105478623.html



On 10/25/2010 12:21 PM, Richard Winger wrote:

The Connecticut Secretary of State's rule is not sensible.  Should California bar a voter from wearing anything that refers to e-Bay or Hewlett-Packard?

On reflection, I think all bans on what voters wear at the polls are silly.  I would draw a line between someone handing out literature or buttons at a polling place, versus someone entering a polling place merely to vote (and not staying longer than that) who happens to be wearing something indicating a state of mind about the election.  These clothing bans treat the voters as though they were little children.

--- On Mon, 10/25/10, Volokh, Eugene <VOLOKH@law.ucla.edu> wrote:


From: Volokh, Eugene <VOLOKH@law.ucla.edu>
Subject: [EL] WWE merchandise at Connecticut polls
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>
Date: Monday, October 25, 2010, 11:48 AM

               I was wondering whether list members had thoughts on this:

 

http://articles.cnn.com/2010-10-22/politics/connecticut.elections.wwe_1_linda-mcmahon-poll-workers-vince-mcmahon?_s=PM:POLITICS

 

Republicans lashed out Friday after the Connecticut secretary of state said poll workers would have the right to ask voters wearing World Wrestling Entertainment merchandise to cover up because it could be considered campaigning.

Republican Senate candidate Linda McMahon left her job as chief executive of WWE to run for office. And a spokesman for Secretary of State Susan Bysiewicz said McMahon is so closely associated with the organization that wrestling garb could easily be construed as political advertising.

"It's not that much of an inconvenience in the few minutes that you're voting that you don't serve as an advertisement for somebody'spolitical campaign," said Av Harris, a spokesman for Bysiewicz.

 


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