Alexandria – Delegate David Englin filed legislation Thursday for the 2009 General Assembly session to overturn the controversial rule banning citizens from wearing political clothing while voting. The State Board of Elections issued the ruling Oct. 14, attempting to provide a consistent interpretation of the Virginia law that prevents campaigning inside a polling place. The Thomas Jefferson Center for the Protection of Free Expression, The Rutherford Institute and the ACLU of Virginia filed suit Wednesday in federal court in Richmond against the State Board of Elections and the election registrars of Richmond and Fairfax County.
“Unfortunately, in trying to provide clarity to local election officials, the State Board of Elections created a rule that both violates the free speech rights of citizens trying to vote and sets up an absurd situation where a person may wear anything on his or her clothing, so long as it doesn’t mention a candidate who is on the ballot,” said Englin. “During the recent presidential election, this rule would have allowed a person to vote while wearing an Osama bin Laden t-shirt, but not while wearing a John McCain or Barack Obama t-shirt, which is just absurd.”
Englin’s legislation, House Bill 1643, would add language to Virginia election law clarifying that the rules designed to prevent campaigning inside a polling place “shall not be construed to prohibit a person who approaches or enters the polling place for the purpose of voting from wearing a shirt, hat, or other apparel on which a candidate’s name or a political slogan appears or from having a sticker or button attached to his apparel on which a candidate’s name or a political slogan appears.”
“It’s my hope that this legislation will provide the clarity and consistency the State Board of Elections was trying to achieve without infringing on the people’s right to free speech,” said Englin.
House Bill 1643 also would give local election boards more flexibility over when they may administer required oaths for election officials, making it easier to staff polls adequately, and would expand the number of campaign representatives permitted as observers inside larger polling places.
“The additional changes are simply improvements to rules about election staffing that have been requested by local officials and election officers,” said Englin. “These folks work very hard to administer fair and efficient elections where every qualified voter may exercise his or her sacred constitutional right to vote. These are changes they have requested to help them do that better.”
Delegate David Englin is currently serving his second term in the Virginia House of Delegates, where he represents the 45th District, which includes parts of the City of Alexandria, Fairfax County, and Arlington County. He was first elected in November 2005 and won re-election in November 2007 with more than 64 percent of the vote. A Democratic Whip, he serves on the Privileges and Elections Committee, and the Health, Welfare, and Institutions Committee. For more information, visit www.davidenglin.org.
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