close
close

Can you wear a MAGA hat and a Harris shirt to vote? What Texas Law Says

The November 5 election is just around the corner and millions of Texans have already cast their votes during the early voting period.

As you think about when and how to vote and what to bring, it's also important to consider what you can and can't wear to the vote.

Can you wear MAGA hats and Harris Walz shirts to vote?

NO. Texas law prohibits “electors for and against any candidate, measure or political party.” “Electionary campaigning” is defined as “the display, use or distribution of political posters or literature”. This applies to voters, poll workers and loiterers within 100 feet of a polling place during the voting period.

Under state law, it is illegal to wear shirts, hats, buttons or masks during elections to support a political candidate. Voters who do not follow this rule will be asked to turn their shirts inside out and leave accessories in their vehicle. Anyone who refuses or resists can be charged with a Class C misdemeanor, which carries a fine of up to $500.

Last week, a Texas man was arrested for assaulting a poll worker at an early voting site. According to authorities, 63-year-old Jesse Lutzenberger punched the poll worker after the poll worker asked him to remove his “Make America Great Again” hat. The Bexar County Sheriff's Office confirmed that Lutzenberger was charged with injury to an elderly person, a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000.

What is considered an “election campaign”?

Aside from more obvious examples of campaigning — like a “Make America Great Again” hat or a Harris/Walz T-shirt — what counts as campaigning can vary depending on the local election official. Clothing with slogans such as “Black Lives Matter” and “Don't Tread On Me” may be considered okay in some places, but not in others because it is associated with political candidates and parties.

Contributions supporting previous candidates or policies are permitted during elections.

Further rules for polling stations

In addition to canvassing, the use of most technologies is prohibited within 30 meters of polling stations. Phones, computers, cameras and other devices capable of recording sound or images are prohibited. Election officials may require voters to deactivate their phones while at a polling place.

Although openly carrying weapons is legal in Texas, weapons are not allowed within 100 feet of polling places. Texas law prohibits firearms and other prohibited weapons from being taken into such premises during early voting or on the day of an election.

The use of loudspeakers or other means of amplifying sound for election purposes or to make a political speech is illegal within 1,000 feet of polling places. This also includes speakers in vehicles.

You may also like...