Enthusiastic voters might want to show support for their favorite candidate by grabbing their MAGA hat or Kamala sweatshirt. Think again.
In Texas, wearing certain political T-shirts at or near a voting location is actually illegal. Voters will be asked to turn their shirts inside out or leave accessories in their vehicles. Those who refuse can be charged with a Class C misdemeanor, resulting in a $500 fine.
The state prohibits all forms of electioneering, defined as “the posting, use, or distribution of political signs or literature,” within 100 feet of a polling place. In fact, at least one voter in Collin County was turned away Monday, the first day of early voting, for wearing a hat in support of former President Donald Trump, who faces Vice President Kamala Harris in the presidential election.
Wearing political clothing at the polls has been a crime since 1986 in Texas. However, there have been a few changes to the rules since the 2020 presidential election, due to a 2021 federal case on the contested issue of poll dress code.
Texas voting law previously banned wearing political shirts of any kind to the polls. But in 2018, a group of firefighters in Houston sued after they were asked to leave a polling location for wearing T-shirts that supported a proposition not on the ballot that year.
A federal judge ruled in favor of the firefighters. Now, voters are allowed to wear political shirts supporting a candidate or measure — as long as they do not appear on the ballot in the current election. That means your old T-shirts for Beto O’Rourke or Gov. Greg Abbott would be allowed.
Apparel is not the only restriction. The ban on electioneering also applies to phones, computers, tablets, cameras and other devices that capture audio or images. Voters are also prohibited from distributing political signage related to a measure on the ballot within 100 feet of the polls.
And although open carry is legal in Texas, guns are not allowed within 100 feet of polling places. Firearms and other prohibited weapons may not be taken in to such premises during early voting or on the day of an election.
