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Texas voter punched after telling man to take off hat: sheriff
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Texas voter punched after telling man to take off hat: sheriff

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A Texas man attacked an elections secretary after he was asked to remove his red “Make America Great Again” hat at an early voting location, authorities said.

Jesse Lutzenberger, 63, was arrested Thursday and charged with injury to an elderly person, according to the Bexar County Sheriff’s Office. He faces a third-degree felony charge, punishable by up to 10 years in prison and a fine of up to $10,000.

Online district court records show Lutzenberger posted $30,000 bond and was released from the Bexar County Adult Detention Center.

According to the Bexar County Sheriff’s Office, the incident happened Thursday around 6:30 p.m. at the Johnston Branch Library in southwest San Antonio. Lutzenberger, who was wearing a red MAGA hat, entered the library and was asked to remove his hat by a 69-year-old early voting clerk, Bexar County Sheriff Javier Salazar said at a news conference Friday afternoon.

“He was told by the early voting official that he could not wear that hat while voting because it is against the laws of the election,” Salazar added.

Lutzenberger initially agreed and voted, but put the hat back on as he left the polling place, according to Salazar. The poll official then informed Lutzenberger that it was “unacceptable” for him to wear the hat in the library and began escorting him out of the building, Salazar said.

As both Lutzenberger and the voting official approached the doors to exit the building, Lutzenberger “appeared to throw an arm back at the victim,” Salazar said, citing security footage.

“The victim appeared to be pushing away from the suspect,” Salazar added. “At that point, the suspect turned around and threw multiple punches directly into the victim’s face.”

The voter did not suffer any serious injuries, according to Salazar, but did have “some marks on his face.”

Texas is one of 21 states that bans people from wearing campaign clothing, buttons, stickers and placards at or near polling places, according to the National Conference of State Legislatures.

According to the Texas Election Code, it is illegal to wear clothing, hats, buttons or masks in support of a political candidate at polls. Voters who do not follow this rule are asked to turn their clothing inside out and leave accessories in their vehicles. Those who refuse or resist can be charged with a class C misdemeanor, resulting in a fine of up to $500.

Harris v. Trump poll: Americans trust the count, but worry about violence

‘Violence has no place in our electoral process’

Local officials condemned the incident and reminded voters to follow state laws.

Bexar County Elections Administrator Jacque Callanen noted during a news conference last week that while some may be unhappy with election laws, she urged people to “stay within the law so that no one is intimidated and everyone can come out and vote freely.” , according to KSAT-TV.

Salazar pointed to several “false alarm” incidents in the county during this year’s election cycle, including at least one “swatting call.” He also noted other incidents of voters showing up at polling places wearing clothing supporting a political candidate.

“I’m just using this as an opportunity to try to lower the tone of what’s going on out there,” Salazar said. “Look, nothing here is worth getting hurt or going to jail for. These elections will happen one way or another. One side is going to win, the other side is going to lose. That’s just the nature of things.’

“But there is no point in taking up a criminal case, getting a criminal record, or injuring or even killing someone in the name of politics, it just doesn’t make any sense,” Salazar added. “And so we ask everyone to ease the violence.”

Bexar County Judge Peter Sakai said in a statement that “violence has no place in our election process.”

“This type of behavior will absolutely not be tolerated. We will not allow anyone to disrupt the election process,” Sakai said. “We want to protect and defend the right to vote for all citizens who are entitled to vote. Let us respect everyone involved in our voting process.”

In a statement, Bexar County District Attorney Joe Gonzales said his office will “vigorously prosecute” Lutzenberger and anyone who engages in this type of criminal behavior.

“The right to vote is sacred in our country and the foundation of our democracy,” Gonzales said. “But no one has the right to assault, threaten, harass or intimidate any election worker or voter.”

Threats against election workers and officials increase during election season

Thursday’s incident is the latest in a growing number of threats and intimidation against election workers and officials.

Earlier this year, Arizona Secretary of State Adrian Fontes warned that threats against U.S. election officials are a form of domestic terrorism. Fontes’ comments came amid increased fears of violence surrounding the 2024 elections.

USA TODAY reported that threats against election workers and other government officials have only escalated during this year’s election cycle. Several incidents across the country have led to charges, including an Arizona man accused of shooting at a Democratic Party campaign office and a California man accused of bombing a courthouse.

“As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official or volunteer will face consequences,” Attorney General Merrick Garland said in a statement Wednesday. “For our democracy to function, Americans who serve the public must be able to do their jobs without fearing for their lives.”

In response to these threats, election officials have also increased security at polling places by adding bulletproof glass, more security cameras and panic buttons. USA TODAY reported in September that a local sheriff recommended a Colorado election worker wear body armor after he was followed home and his staff began stockpiling Narcan in their office in case of a fentanyl attack.

“Unfortunately, it has become a normal part of our daily lives,” Josh Zygielbaum, an elected county clerk and recorder in suburban Denver, told USA TODAY.

Contributors: Bart Jansen, Trevor Hughes and Elizabeth Beyer, USA TODAY; Alexis Simmerman, Austin American statesman