“Make America Great Again” Shirt on Poll Worker and the Ban on Electioneering

From Newsday’s report of New York voting:

One of the issues made a splash in social media. Some voters complained that a poll worker in Remsenburg wore a blue shirt with the slogan “Make America Great Again” emblazoned on the front. State law prohibits “electioneering” within 100 feet of a polling place, but the shirt didn’t mention a candidate or the slogan’s promoter, Republican President Donald Trump.


“I did get some calls on that and I got some emails about that as well,” LaLota said. He said the slogan didn’t seem to violate the law against electioneering for a candidate.


“I would say that whatever the slogan is, whether it’s left or right, that people show a little more tolerance,” LaLota said. “There is no rule to enforce to make this 77-year-old gentleman remove his shirt.”


Anita Katz, Democratic elections commissioner in Suffolk County, acknowledges wearing the slogan wasn’t illegal, but she said it made many voters uncomfortable.

From the Lowenstein et al. election law casebook 2019 supplement:

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