What to wear to the polling place this year?
Not usually a difficult matter – unless you plan to wear clothing that declares your support or opposition to the abortion amendment on the Aug. 2 ballot.
The issue bubbled up recently in Reno County where there had been a complaint that poll workers were told they should allow someone wearing a “Value Them Both” shirt into the polling location.
The American Civil Liberties Union recently wrote to Reno County officials raising concerns that voters would be allowed into polling places wearing any shirt or attire that would violate the state’s electioneering statute.
State law sets a 250-foot buffer area to prevent electioneering at polling places.
“The ‘Value Them Both’ campaign and its branding is ubiquitous in the state and is clearly associated with the ‘yes’ position on the amendment,” wrote Sharon Brett, legal director for the ACLU of Kansas.
“Likewise, we would consider logos and branding from Kansans for Constitutional Freedom, the state-wide campaign for the ‘no’ position, to also constitute electioneering if worn within a polling location or 250 feet of its entrance,” Brett wrote.
“I understand the county election officials’ desire to ensure that there is no friction at polling locations,” Brett wrote.
“But just as someone wearing a shirt associated with the campaign for a political candidate would be asked to turn the shirt inside out before entering the voting location, someone wearing a shirt clearly associated with the campaign for or against a ballot initiative should be asked to do the same.”
The county has since decided to reverse its position and issued follow-up guidance to poll workers about what clothing is permitted within the 250-foot buffer.
Reno County Clerk Donna Patton said a decision was made to allow clothing without a specific advocacy message to eliminate the chance of any confrontation between election staff and voters.
“We were trying to put the safety of our workers at the forefront,” she said. “That’s why we chose to say it wouldn’t be electioneering. We were afraid it was going to be heated.”
Brett and Patton said the matter has now been resolved amicably.
Patton said the decision to allow amendment clothing into the polling location was intended to address everyone, not just supporters of the measure.
But Patton said someone complained about allowing the “Value Them Both” clothing within the 250-foot buffer zone.
“We realize the name of the amendment is ‘Value Them Both,’ but it didn’t specifically say, ‘Vote yes,’ or ‘Vote no,’ one way or the other other, she said.
But after talking to the ACLU, Patton said she understood why it could be a problem letting anyone wearing the attire into the polling area.
The ACLU challenged the buffer-zone law in 2019, arguing that it violated the constitutional right to free speech and was one of the largest in the country around any polling place.
A federal judge upheld the Kansas law under a 1992 U.S. Supreme Court decision that found a Tennesse law with a 100-foot buffer zone was constitutional.
The judge found the Tennessee case to be binding and “persuasive authority” for upholding the Kansas law.
Meanwhile, the ACLU also has been contacting county election offices about the implications of churches that serve as polling places but have signs supporting the “Value Them Both” amendment.
The ACLU acknowledged in its letter that religious institutions can display signs for or against the Aug. 2. constitutional amendment.
“However, as soon as those institutions become polling locations, the institutions are required to comply with state law regarding electioneering,” the letter said.
“Additionally, all signs, posters, stickers, leaflets, or other materials in favor of or against the constitutional amendment must be removed from within the facility while it is serving as a polling location,” the letter said.
“We know that the constitutional amendment is one that many religious institutions feel strongly about, and we likewise recognize that religious institutions are reliable, accessible locations to utilize as voting centers,” the letter said.
“Our aim in directly addressing this issue is to ensure that these facilities can be welcoming for all voters and that all state laws are followed.”
