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Can you wear a MAGA hat and a Harris shirt to vote? What Texas law says
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Can you wear a MAGA hat and a Harris shirt to vote? What Texas law says

The November 5 election is here and millions of Texans have already cast their ballots 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 cannot carry to the polls.

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

No. Texas law prohibits “voters for or against any candidate, measure, or political party.” “Electoral activities” are defined as “the posting, use or distribution of political signs or literature.” This applies to voters, poll workers and people loitering within 100 feet of a polling place during the voting period.

Under state law, it is illegal to wear shirts, hats, buttons or masks in support of a political candidate at polling places. Voters who do not adhere to this rule are asked to turn their shirts inside out and leave accessories in their cars. Those who refuse or resist can be charged with a class C misdemeanor, resulting in a fine of up to $500.

Last week, a Texas man was arrested for assaulting a voting official at an early voting site. Authorities say 63-year-old Jesse Lutzenberger punched the poll worker after the 60-year-old employee 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 ‘electoral activity’?

Beyond more obvious examples of election activity – like a “Make America Great Again” hat or a Harris/Walz T-shirt – what is considered election activity can vary depending on the location’s election officials. Clothing with slogans like “Black Lives Matter” and “Don’t Tread On Me” may be considered okay in some places, but not in others, due to its perceived association with political candidates and parties.

Items supporting previous candidates or measures are allowed at the ballot box.

Other rules for polling stations

In addition to election activities, the use of most technology is prohibited within 30 meters of polling stations. Telephones, computers, cameras and other devices that can record sound or images are prohibited. Election officials may require voters to deactivate their phones while in a polling place.

Although open carry is legal in Texas, weapons are not allowed within 100 feet of polling places. Firearms and other prohibited weapons cannot be brought into such buildings during early voting or on Election Day, Texas law states.

The use of loudspeakers or other means of sound amplification for election purposes or to deliver a political speech is illegal within 300 meters of polling stations. This also applies to loudspeakers in vehicles.