Political parties kidnapped unwilling voters and printed their ballots
It is possible that the story, while likely not true, could be true. Election Day was often a noisy, dangerous, and raucous event in the 19th Century. Parties would use food, drinks and other inducements to entice voters to vote for their party. These could range from bribes or threats of violence to food and drink.
The reforms of the late Century, especially after the particularly dirty 1888 Presidential election, were designed to end the shenanigans and ensure the safety of voters. They also aimed at elevating the act of voting.
We now use secret ballots printed by the government, rather than ballots provided by parties. All 50 states have laws prohibiting potentially intimidating behavior in polling places.
This cartoon from 1857 shows how elections in the 19th Century were often wild affairs. Library of Congress Prints and Photographs Division
Vestigial laws?
These laws are intended to stop the “poll-hustling” that Poe might have been a victim of.
The party tough guys can’t follow or drag helpless voters to the polling station, watching and making sure that they cast the right ballot. They could even threaten them with a beating if they do.
The laws prohibit wearing campaign paraphernalia or shouting slogans inside polling stations. The distance requirements, which range from 10 foot from a voting place in Pennsylvania up to 600 feet in Louisiana help ensure that secret ballots will be cast in secret.
These vestiges of laws intended to clean up 19th century elections could be unprepared for the hyperpartisanship of 2020.
These symbols may have a political connotation if voters wear them to the polls. For example, the Gadsden “Don’t tread on Me” flag, which has become an anti-government sign, the rainbow badge, associated with gay pride or even the sticker of a spice company, whose owner hates Trump. These people may be accused of illegally promoting their political views in places where voters vote.
How can anti-electioneering laws prevent politics from entering the voting booth when politics is already so prevalent in our lives? This year, the polling place for many could be their kitchen table or ballot box. Do these laws have any relevance in that context?
Elections ‘Purifying – a new approach’
In the late 1880s , political reformers believed that elections were too closely linked to party machines. They also saw their Election Day revelry. The reforms around this time were aimed at “cleaning” up politics and eliminating the influence of party machine.
They got to write history
In 2020, however, it is possible that these reforms to clean up 19th century elections will not have the desired effect.
A woman from New Hampshire , for example, chose to vote without a top during the state’s September primary after officials informed her that she had violated New Hampshire laws prohibiting campaigning in polling places with her anti-Trump T-shirt.
Will wearing this sticker to the polls be considered campaigning if the owner of the spice firm offering the sticker is well-known for being anti-Trump? Penzeys
10 States have laws in place that regulate the type of clothing that voters may wear to the voting booth.
The First Amendment’s prohibition on limits to freedom of speech may apply to these laws, but they have not been tested in court. The Supreme Court in its 2018 opinion Minnesota Voters Alliance V. Mansky ruled that state laws intended to create a “controlled and orderly environment” around polling places were too vague. A similar lawsuit is currently underway.
According to the Minnesota opinion “a rule that requires an election judge maintain a mental index on the platforms and positions for every candidate and party listed on the ballot, is not reasonable.”
The poll workers do not have to be up-to-date on , such as what a yellow and black polo shirt is, or which spice companies are involved in political advocacy.
Early voting is continuing across the United States. More disputes are expected. Florida , Tennessee and Florida election officials have confirmed that clothing with the words “Black Lives Matter”, “I Can’t Breathe” or “I Don’t Want to Die” does not constitute illegal campaigning. A Miami police officer wearing a Trump 2020 mask and armed with a gun patrolling the polling station probably violated department policies, if not electioneering law.
“Bad Things Happen in Philadelphia”
It is easier to determine what constitutes “a political message” than what constitutes “a polling place” since so many voters are going to cast their votes before Election Day.
Poll watchers are allowed in Pennsylvania but must follow a href=”https://www.nbcphiladelphia.com/news/local/whats-a-poll-watcher-everything-you-need-to-know-after-trumps-debate-comments/2549054/”>a strict set of rules/a> aimed at distinguishing between those who protect the integrity of an election and party toughs intimidating voters as they fill out In Pennsylvania, poll watchers are permitted but must adhere to strict rules that distinguish between those who protect the integrity of an election and those who intimidate voters when they fill out ballots.
The Trump Campaign is suing for access to the Philadelphia location. The county Board of Elections says that the ballot drop-off and pickup sites are not polling locations, and COVID-19 regulations prohibit people from loitering all day in public buildings.
The state court dismissed the Trump campaign’s argument by explaining that observers are only allowed at polling stations on Election Day and not Board of Elections Offices at other times. The campaign has said it will appeal.
