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Texas man not allowed to vote for wearing pro-2A T-shirt

MAC702

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Would you argue that his "free speech" rights should allow him to talk to people in line about so-and-so, trying to encourage them to vote for a certain individual?

They might have the authority to extend that rule to that shirt, but they had better damn well be just as vigilant against T-shirts that promote ANY ideology.
 
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MAC702

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So I think we are agreeing that a pro-2nd amendment shirt is in violation of that law, at least for this particular election.

Now, whether or not the law is just or over-reaching is a different matter.

I don't see much difference between his shirt and a campaign button, in effect, especially with such a measure on the ballot.
 
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MAC702

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I agree. I see a very significant difference between wearing a slogan or campaign button on your shirt while voting and standing at the polling place handing out leaflets.

In my opinion, the law is over-reaching.
 
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OC for ME

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Take the election poll watchers to court. A generic slogan supporting the 2A is not "campaigning" for a ballot measure. The 2A is not on any ballot in Texas.
 

Kopis

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Texas will be a blue state soon. The swell is turning against conservatives very quickly. May i borrow some money for a new flat screem by the way? my ebt card didnt cover it all.
 

MAC702

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Take the election poll watchers to court. A generic slogan supporting the 2A is not "campaigning" for a ballot measure. The 2A is not on any ballot in Texas.

This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment

No, the 2A is not up for a vote, but more support for it is.

The law is overreaching, but seemed to apply here.
 

The Donkey

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Sue the poll workers for violating his 1A. They are the state on election day and infringed upon his1A,

The area inside the polling place is not a "public forum" where unlimited free speech is allowed.

Whether a court would find there was a 1A violation would likely depend on how precisely the Texas statute was drafted, and how clear it was under the law that wearing the T shirt was not permitted. If the law was vague, or there was evidence of viewpoint discrimination, things might not go so well for the Lone Star state.
 

OC for ME

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The area inside the polling place is not a "public forum" where unlimited free speech is allowed.

Whether a court would find there was a 1A violation would likely depend on how precisely the Texas statute was drafted, and how clear it was under the law that wearing the T shirt was not permitted. If the law was vague, or there was evidence of viewpoint discrimination, things might not go so well for the Lone Star state.
Sue the poll workers for violating his 1A. But, it was just a teeny tiny infringement, no big deal, in the big scheme of things that is......chip chip chip.
 

MKEgal

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The Donkey said:
The area inside the polling place is not a "public forum" where unlimited free speech is allowed.
According to the article, the polling place was in the county courthouse.
Can't get much more public.

Whether a court would find there was a 1A violation would likely depend on how precisely the Texas statute was drafted, and how clear it was under the law that wearing the T shirt was not permitted.
Since the shirt was not "campaigning for any candidate, measure or political party”, but simply expressing his opinion, no law can prevent him from wearing it even in a public place such as a courthouse or polling booth.
 

OC for ME

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Note; OC for ME, may I point out this from the article in question,,,

"This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment and the places where a concealed weapon can be legally carried

So, this could be viewed as a *Gray* area with this issue in promoting a "Cause" at the Public Polls...?...

Ya' think ???
Well, having a pack of smokes in your pocket could be seen as campaigning against no smoking ballot measures. Drinking a Big Gulp could be seen as campaigning against a ballot measure that would limit sugary drinks to 16oz or less.

It is very simple, state laws that are in alignment with the 2A are not future laws that are votes for or against "the" 2A.

Sue the poll workers for violating his 1A!!!
 

The Donkey

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According to the article, the polling place was in the county courthouse.
Can't get much more public.

It was in a polling place in the county courthouse. Most states ban electioneering inside polling places for fairly obvious reasons. The question, which you recognize below, is whether this activity fits into the state's definition of electioneering ie "campaigning for any candidate, measure or political party" within the prohibited zone, and whether this standard is itself narrowly drawn enough to pass constitutional muster.

Since the shirt was not "campaigning for any candidate, measure or political party”, but simply expressing his opinion, no law can prevent him from wearing it even in a public place such as a courthouse or polling booth.

If you do not say "vote for X" within a polling place but just wear a "I support X" tee shirt, is that electioneering? If you cannot tell whether or not it is electioneering by looking at the statute, isn't the statute unconstitutionally vague?
 

DocWalker

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Nope, not saying that at all. Texas has a law that forbids "campaigning for any “candidate, measure or political party” which includes "signs" about topics which are to be voted on, & evidently there is a 2A question on the Ballot.

That's what I'm talking about, nothing more that an individuals "Rights" within the Laws of course, not saying that some Laws aren't able to be changed ever.

I see in the article that He didn't give up his right to vote, he just kept a positive attitude, borrowed a coat & went ahead & voted.

from article; "Texas election law bars campaigning for any “candidate, measure or political party” within 100 feet of polling place. His T-shirt could be construed as campaigning in support of gun rights under the law. Violators can be charged with a misdemeanor.

This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment and the places where a concealed weapon can be legally carried. "

DAM that pesky US Constitution has no place with America's laws......
 

DocWalker

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Note; OC for ME, may I point out this from the article in question,,,

"This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment and the places where a concealed weapon can be legally carried

So, this could be viewed as a *Gray* area with this issue in promoting a "Cause" at the Public Polls...?...

Ya' think ???

Never thought of the US Constitution as a gray area before.....
 

MAC702

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Just to be clear, you are making the argument that it should be okay for a candidate to actively campaign at the polling place, as well.

I don't disagree, but otherwise, a line is somewhere.
 
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stealthyeliminator

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[ramblings]There should be no line. No line on what sort of message a man may have on his shirt, nor a line to vote at all. The issue "what should be allowed at the voting booths?" "where should that line be?" is so hard to answer because it's all built atop an illegitimate function. It's hard to make up "good" rules for an illegitimate system - even when you apply good values and principles they just don't ever seem to fit quite right. You must go deeper to see why. Take a step back and look at the big picture.[/ramblings]
 

arentol

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Any state law regarding gun rights has nothing to do with the 2nd amendment. A state can not expand or in any other way have any effect on the 2nd amendment. Nor can a state in any way change its obligations to its citizens under this amendment. So generalized speech regarding the 2nd amendment can not interfere with a state polling location.

Sent from my SCH-I605 using Tapatalk
 

Fallschirjmäger

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[ramblings]There should be no line. No line on what sort of message a man may have on his shirt, nor a line to vote at all. The issue "what should be allowed at the voting booths?" "where should that line be?" is so hard to answer because it's all built atop an illegitimate function. It's hard to make up "good" rules for an illegitimate system - even when you apply good values and principles they just don't ever seem to fit quite right. You must go deeper to see why. Take a step back and look at the big picture.[/ramblings]
Back in the "good old days" in the South we knew how to do it right.

Just have a few boys in sheets and hoods with a few axe handles doing a little electioneering up and down the line, "You know who to vote for boy, don'cha?"

No line, right?
 

countryclubjoe

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Did they have some kind of special dress code in place for everyone at the polling booth? I think not...

Another issue I have always had with the voting rules/laws..

A 17 year old genius cannot vote however a 30 year old idiot could walk in an pull levers until is heart is content... Just does not make sense to me..

Regards.

CCJ
 
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