Can you wear political attire to vote in Illinois? What to know about electioneering
A recent incident with a voter wearing a campaign hat in Champaign County was one of several issues involving political attire at polling places reported across the nation amid early voting Tuesday’s election.
While Illinois law does not explicitly mention campaign clothing and hats, the state board of elections considers wearing it to the polls electioneering, though the law’s interpretation and enforcement vary in different counties.
A Madison County election judge recently reported to the Illinois State Board of Elections the county clerk instructed poll workers to allow political attire inside polling buildings, despite guidance from the state to have voters remove or cover such gear.
The Madison County state’s attorney has since released a statement asking voters to avoid electioneering and said election judges may use discretion.
“The Election Code specifically prohibits ‘electioneering or soliciting of votes’ or ‘any political discussion within any polling place.’ Therefore, we advise voters to avoid wearing shirts, buttons, hats, etc., advocating for a candidate or referendum, and avoid political discussions while within the polling place itself or within 100 feet of it,” Madison County state’s attorney Thomas Haine said, in part, in the Monday statement.
“It may be reasonable for an Election Judge to prioritize election efficiency and avoidance of needless drama over strict compliance in a given situation,” Haine continued in the statement.
The press release also said the state’s attorney office will deploy teams of assistant state’s attorneys and investigators to help the county clerk respond to reports of any suspected irregularities at Madison County polling locations on Election Day, Tuesday, Nov. 5. People with questions or concerns to report can contact the clerk’s office at elections@madisoncountyil.gov or 618-692-6290.
ISBE spokesperson Matt Dietrich wrote in an Oct. 31 email to the Belleville News-Democrat wearing political clothing to vote is considered electioneering.
“In election judge training, election judges are taught specifically about the 100-foot campaign free zone and that any display of campaign materials within that zone is prohibited. They are taught that a voter wearing or displaying candidate names, logos or slogans will be asked to cover or remove the words or images in question,” Dietrich wrote. “No voter is ever disenfranchised due to enforcement of this rule; they are simply instructed to cover or remove the piece in question before entering the campaign free zone. This has been part of Illinois law for decades.”
Electioneering, or trying to persuade someone to vote a particular way, is prohibited inside and within a certain distance of polling places in Illinois.
“It’s included under general electioneering in a couple places in the Election Code. There is no mention of attire. But it’s been common practice for decades that poll workers will ask any voter wearing apparel or with buttons, stickers, etc., on their person that bear candidates’ names, campaign logos or slogans to cover up or remove the items. This applies to candidates or referenda on the ballot only,” Dietrich wrote in an Oct. 30 email.
Madison County Clerk Linda Andreas wrote in an Oct. 31 email to the BND her office is not breaking state law by allowing political clothing at the polls.
“...twenty one states prohibit voters from wearing campaign apparel, buttons, stickers, and placards within polling places. The state of Illinois is not one of them. We comply with Illinois laws and statutes. This is not our office issue but a legislative issue,” Andreas wrote.
The figure Andreas cities comes from the National Conference of State Legislatures, which shares a listing that does not include Illinois.
St. Clair County has seen an increase in people coming to vote wearing political clothing items, St. Clair County Clerk Thomas Holbrook said in a recent interview. St. Clair County election officials are instructing people to cover or remove the items.
“We seem to be having a few more people showing up with election attire, especially the MAGA caps, that sort of thing, that aren’t allowed in the polling places,” Holbrook said.
A potential reason Holbrook said people may be wearing political attire to the polls more often is political T-shirts, hats and other accessories may be part of people’s everyday wardrobes, and they may not be thinking about it when they show up to vote.
Most people oblige immediately when told by an election official they cannot vote or be in the polling place with political attire on, Holbrook said, but some people do argue about it. Regardless, people are required to remove political accessories or change clothes and come back to vote later.
Here’s what else to know about Illinois state laws prohibiting electioneering.
Illinois state law on electioneering
Electioneering is not allowed inside or within 100 feet from polling locations in Illinois. The state law has specific provisions to calculate the distance and regulate electioneering.
“We’re pretty lucky. Over in Missouri it’s only 25 feet, that really causes a lot of consternation and problems,” Holbrook said.
Holbrook said St. Clair County election officials see good compliance with the regulation, and the required distance is clearly marked.
Refusing to comply with an election official’s lawful order is a Class A misdemeanor in Illinois, so someone who is electioneering within the campaign-free zone and refuses to stop when ordered to do so by an election judge could face prosecution under that statute, the ISBE said.
If the behavior goes beyond that and involves handing out literature inside of a polling place or within the 100-foot boundary and intimidates or threatens voters, it can be considered a Class 4 felony in the state.
“Prevention of voting or candidate support. Any person who, by force, intimidation, threat, deception or forgery, knowingly prevents any other person from (a) registering to vote, or (b) lawfully voting, supporting or opposing the nomination or election of any person for public office or any public question voted upon at any election, shall be guilty of a Class 4 felony,” the relevant Illinois statute says.
“Ultimately, deciding whether and which charges are appropriate would be the call of the state’s attorney,” Dietrich told the BND.
A Belleville Police Department spokesperson said the agency has not issued any warnings or citations regarding Illinois’ electioneering prohibitions since 2016.
Another Illinois state law prevents voters from taking a photo with their completed ballot.
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