Sunday, November 02, 2008
Editorial: Wearing the colors
The state says voters can't wear campaign apparel to the polls. Why not dress in blue or red?
From the RoundTable blog
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New fashion rule: The State Board of Elections will prohibit voters, under penalty of law, from wearing Obama caps or McCain Tshirts to the polls. "Electioneering," it reasons, is banned within 40 feet of where Virginians cast their votes.
How anyone could mistake a voter sporting a lapel button with real electioneers -- campaign workers swarming Jane the Citizen and pushing last-minute "literature" at Joe the Voter -- stretches common sense.
Argue, if you will, whether it's proper to wear a ball cap inside, but spare the histrionics that a cap wearer standing in line intends to twist neighbors' arms to vote a certain way. The cap is simply an expression of the wearer's political speech -- a right enshrined in the First Amendment.
The new policy should prove unconstitutional. Some commonwealth's attorneys believe this fashion policing is frivolous. They said they won't prosecute cases brought before them.
If asked to pursue charges, other prosecutors around the state should join the boycott.
The state intended for the policy to bring uniform clarity to items allowed inside polls. Instead it has roused the scrutiny of The Thomas Jefferson Center for the Protection of Free Expression, The Rutherford Institute and the American Civil Liberties Union of Virginia.
The trio plan to file a federal lawsuit, asking a judge to strike the policy before the next election rolls around. Good for them. But there is little to protect voters this Tuesday, beyond election officials reconsidering the policy.
Voters can avoid the risk of arrest and still make a statement. They could wear blue or red to signify party fidelity. Or take a more subtle approach with accessories. Say, Sarah Palin glasses or a "Hope" bracelet. Both remain fashionable, for the moment.
