When voting this week and on Election Day next Tuesday, voters are reminded to leave their promotional candidate attire at home. According to County Clerk Shannon Patterson, any item of clothing that alludes to a candidate or issue on the ballot is not permitted at the polls.
This is considered electioneering.
According to Kansas statute, electioneering includes “wearing, exhibiting or distributing labels, signs, posters, stickers or other materials that clearly identify a candidate in the election or clearly indicate support or opposition to a question submitted within any polling place on election day or advance voting site, or within a radius of 250 feet from the entrance.”
Electioneering does not include bumper stickers on a motor vehicle that is used to transport voters to a polling place or to an advance voting site for the purpose of voting.
“If they are wearing a hat with any representation of a candidate, they will be asked to remove it,” explained Patterson. “Shirts can be turned inside out as long as it is no longer visible. It must be covered. They can also leave and come back.”
It doesn’t matter if it is simply a picture of the candidate without any accompanying promotional language. It will still be considered electioneering. Interestingly, tattoos of candidates must also be covered.
PATTERSON noted she has already seen voters wearing such items and wants to alert others of the law to avoid any legal repercussions. Electioneering is considered a Class C misdemeanor.
There isn’t any law against phones being in the polling locations. However, phones can’t have any candidates or issues visible on them, such as a phone case with a candidate or their name.
“We’ve got 14 confirmed write-ins for the office of President that we can tally counts for,” said Patterson. “If someone brought in a pamphlet that had the name so they’d know how to spell it, they can bring that with them for that purpose. But, they have to take it with them and not leave it laying there.”
Patterson added that she is going to print copies of the statute to give to supervising judges at the polling locations.
“I have made contact with the local law enforcement agencies so polling places will be taken care of on Election Day if there are any issues,” said Patterson.
She said that she prefers voters are given a couple chances to either remove the promotional item or leave. “I don’t want them to have to call the law, I really don’t,” she said.
As of 5 p.m., Monday, 1,015 early voters had cast their ballots in Allen County. In addition, there have been 271 mail-in or drop off ballots.
Curbside voting is also offered at the courthouse for those who are unable to go inside due to limited mobility. Early in-person voting will close at noon, Monday, Nov. 4.
“If you’re going to walk-in your ballot, we will accept it until 7 p.m., election night,” said Patterson. “If they’re mailed we can accept them through Friday, after the election, as long as they are postmarked by Election Day or before.”
