Can You Wear Political Apparel While Voting In New York?

Early voting is underway in New York state.  Many people have already cast their vote, and this weekend, many more will add theirs.  If you're going, be careful not to make this mistake.

Can you be denied a vote because of what  you're wearing in New York?

You may have already seen some videos online of people being denied an opportunity to vote because they were wearing political attire at the polling place.  One of the biggest issues is that the rules are different depending on the state of the polling place.  In some states you aren't allowed to wear anything that mentions one of the candidates in the political race.  In others, you can't even wear something that alludes to that candidate.

Normally, the voter will be asked to remove the clothing, or cover it up if they can.  If they aren't able, they're asked to vote and then leave the premises as soon as possible.  Many officials are taught to do what they can to minimize the distractions at the polling place.

What's the rule in New York when it comes to apparel at the voting place?

The election laws for New York can all be found by clicking right here.  What you're going to want to look for are the rules that have to do with electioneering.  It's defined as "the process by which political groups convince voters to cast ballots for or against particular candidates, parties, or issues."

"While the polls are open no person shall do any electioneering within the polling place, or in any public street, within a one hundred foot radial measured from the entrances designated by the inspectors of election, to such polling place or within such distance in any place in a public manner; and no political banner, button, poster or placard shall be allowed in or upon the polling place or within such one hundred foot radial." Section 8-104

In New York, you cannot wear clothing that is for or against a person or issue that can be voted on at the polls.  However, you can wear clothing that mentions tag lines from the candidates.  For example, the "Make America Great Again" hat or the "We Are Not Going Back" t-shirt would be fine.  However, if you have the names "Trump" or "Harris" on either of those, you might be asked to take them off, or cover them up before voting.  In these instances, the first would be considered free speech, the second example with actual names would be considered electioneering.

"Persons wearing apparel or buttons that include political viewpoints – i.e., support of the 2^nd Amendment, marriage equality, environmental issues, MAGA messages, etc. – do not violate New York’s electioneering prohibition unless the issue itself is unambiguously on the ballot in the form of a ballot proposal.  New York’s anti-electioneering law was intended to prevent the political campaigns from intruding into the polling place. It was not designed to prohibit political expression generally."  Kathleen McGrath, director of public information for the New York State Board of Elections