Can you wear a Trump or Harris hat to the polls? It depends on where you live

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Millions of group person cast their ballots without incident truthful acold this election. Though successful immoderate reported cases location person been issues pinch what voters are wearing to nan polls.

With early voting underway successful Bexar County, Texas, Sheriff Javier Salazar told reporters precocious that location person been respective instances of voters wearing "inappropriate clothing" successful support of a governmental candidate.

"That's electioneering, and it's surely thing that you're not expected to do," Salazar said astatine a property briefing past month.

Things "got ugly" successful 1 lawsuit past month, he said, erstwhile a man allegedly punched a 69-year-old canvass worker astatine an early voting tract successful San Antonio. The altercation occurred while nan man was being escorted retired of nan tract aft being asked to region a governmental hat, according to Salazar. The man was wearing a reddish "MAGA" aliases "Trump" shot cap, according to an incident report.

"I can't deliberation of thing for illustration this happening during my clip present arsenic sheriff," Salazar said.

At an early voting location successful Orangeburg County, South Carolina, past week, a canvass worker and elector sewage into an altercation aft nan elector was told to region his "Let's Go Brandon" hat, according to a constabulary study and video of nan incident.

In nan video, nan man tin beryllium heard saying, "It's my [expletive] right" while holding up nan hat, earlier tossing it. Amid nan altercation, a canvass worker allegedly punched nan man successful nan face, according to nan incident report. The canvass worker was not arrested but was issued a summons.

The incidents tie attraction to laws restricting forms of governmental activities successful aliases adjacent polling places to prohibit electioneering, aliases immoderate activity intended to power voting astatine an election.

Supporters of some statesmanlike candidates, Vice President Kamala Harris and erstwhile President Donald Trump, stock a chat extracurricular nan Allegheny County Office Building connected Oct. 29, 2024 successful Pittsburgh.

Every authorities has restrictions connected electioneering successful immoderate shape adjacent polling sites, "such arsenic limiting nan show of signs, handing retired run lit aliases soliciting votes wrong a pre-determined region (typically 50 to 200 feet) of a polling place," according to nan National Conference of State Legislatures (NCSL).

Nearly half of states, including Texas and South Carolina, person statutes restricting what you tin deterioration to vote, according to NCSL.

These 21 states person statutes restricting run apparel -- for illustration shirts, hats and buttons -- successful polling places, according to NCSL: Arkansas, California, Delaware, Indiana, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Tennessee, Texas and Vermont.

States pinch electioneering apparel restrictions

NCSL's study is based connected what nan statutes state. The statement advises voters to cheque pinch their section predetermination official, though, arsenic implementation of electioneering laws tin alteration wrong a state.

For instance, successful summation to those 21 states, Massachusetts prohibits "wearing definite governmental apparel (t-shirts, hats, buttons, pins, stickers, etc.)" wrong 150 feet of a voting location, according to a 2024 predetermination advisory. Examples of prohibited materials see those containing nan sanction aliases look of immoderate campaigner connected nan ballot and slogans "that are intimately aligned pinch aliases actively utilized by candidates and campaigns," according to nan advisory.

Political attire is not allowed astatine polling sites successful Missouri and Georgia, according to their respective caput of state's offices. Electioneering is prohibited wrong 25 feet of a polling spot successful Missouri, and wrong 150 feet successful Georgia.

Poll workers successful Wisconsin are besides advised that "politically-themed attire aliases materials/clothing/buttons supporting a candidate, governmental statement aliases ballot initiative" are not allowed astatine nan polling place, according to poll worker training materials.

The restrictions connected governmental apparel could widen to governmental references beyond nan candidates aliases issues connected nan ballot.

For instance, successful Texas, "it is prohibited to electioneer, including expressing penchant for aliases against immoderate candidate, measure, aliases governmental party, sloppy of whether they are aliases are not connected nan ballot, aliases relating to nan behaviour of an election," nan Texas Secretary of State said successful an recent advisory.

Electioneering laws person a "long history," according to Ohio State University rule professor Steven Huefner.

"In galore states, they respond to times erstwhile voters were much intimidated astatine nan polls aliases much influenced," he told ABC News. "They responded to nan imaginable that these types of activity person much power connected nan little well-known races."

He said voters whitethorn not beryllium alert they beryllium successful their authorities "unless they had it hap to them aliases unless they're an predetermination junkie."

Penalties for violating electioneering laws could see fines aliases imprisonment, though group are typically asked to region aliases screen up immoderate governmental items successful bid to vote.

Some voters whitethorn position restrictions connected electioneering arsenic suppressing their First Amendment rights, Huefner noted.

"This really is simply a very constrictive and selective objection to that based connected nan desire to support nan predetermination process arsenic unafraid arsenic possible," he said. "Secure includes preventing campaigns and their supporters from improperly influencing group arsenic they vote."

Electioneering laws person been challenged successful respective states done civilian authorities lawsuits, pinch immoderate cases reaching nan U.S. Supreme Court.

In a 1992 decision, nan Supreme Court recovered that a Tennessee rule restricting governmental campaigning to wrong 100 feet of a polling spot did not break nan First Amendment.

In a 2018 decision, nan precocious tribunal did find that Minnesota's rule barring governmental apparel astatine voting sites was excessively wide and violated nan First Amendment. A elector revenge nan suit aft he was temporarily prevented from voting successful 2010 because he was wearing a T-shirt pinch a Tea Party logo and a fastener that advocated for photograph ID voting requirements.

Today, Minnesota prohibits "campaign t-shirts, buttons aliases lit which subordinate to circumstantial candidates, charismatic governmental parties, aliases ballot questions connected nan ballot that day" successful polling places, according to nan Minnesota Secretary of State's office.

In Texas, a female sued aft she had to move a T-shirt successful support of a ballot measurement wrong retired while voting successful a 2018 election. The title based on that nan state's electioneering laws unconstitutionally chilled her correct to free reside and that enforcement was inconsistent. The laws were yet upheld by nan appeals tribunal aft nan Supreme Court declined to perceive nan case.

Huefner said enforcement of nan restrictions "can beryllium rather inconsistent" betwixt canvass workers aliases polling places, which tin lead to confusion.

"It's often being enforced by volunteers who are canvass workers who whitethorn not moreover person had overmuch training astir really to grip this, aliases successful 1 region mightiness person been well-trained and successful different county, different group aren't well-trained," he said.

Huefner said eliminating immoderate differential enforcement is key, while besides urging voters to "extend immoderate grace" to volunteers astatine polling places.

"Volunteers person really been nether immoderate beautiful sustained, unfortunate attacks of late, and each of it undeserved," he said. "They are performing this captious nationalist service."

In nan Texas incident cited by nan Bexar County sheriff, 63-year-old Jesse Lutzenberger was booked connected Oct. 24 connected wounded to an aged person, a third-degree felony, according to nan sheriff's office. Salazar said his agency was looking into further charges for battle connected an predetermination worker.

Amid an "especially contentious predetermination cycle," Salazar said he wanted to reside nan incident to "bring down nan reside of what's going connected retired there."

"Look, thing present is worthy getting wounded aliases going to jailhouse for," Salazar said. "There's nary consciousness picking up a criminal case, picking up a criminal history -- aliases injuring aliases moreover sidesplitting personification successful nan sanction of politics. It conscionable doesn't make immoderate sense."

An lawyer for nan suspect told ABC News he is "honored to correspond Mr. Lutzenberger, a U.S. Navy veteran."

"We are eager for our opportunity to take sides Jesse," nan attorney, Jonathan Watkins, said successful a statement. "We consciousness nan facts of this lawsuit person been mischaracterized by section media."

In nan Orangeburg County incident, nan South Carolina Elections Division confirmed it is investigating but would not remark connected an unfastened probe.

The Orangeburg County predetermination director, Aurora Smalls, said successful a connection that nan region "works difficult to guarantee elections are safe, secure, and tally smoothly allowing each eligible voters nan opportunity to ballot successful adjacent and impartial elections successful accordance pinch authorities and national regulations."

ABC News' Chris Boccia, Matt Foster and Kerem Inal contributed to this report.

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