Pattie Meckler votes in Nevada County
by Mark Meckler
The gross incompetence of the Elections Office in Nevada County is very disturbing. In addition to failing to appropriately test its voting machines, it seems that poll workers were trained to systematically violate voters First Amendment rights.
At approximately 6 p.m. on voting day, my wife Patty entered her polling place at the fire station in Chicago Park. She was advised by a poll worker that she was not allowed to vote because she was wearing a Tea Party Patriots t-shirt. She strenuously argued that the law didn't prohibit this, and that the Tea Party Patriots were non-partisan, and didn't endorse candidates. But they would not give in and she was publicly embarrassed and told the only way she'd be allowed to vote is if she went home and changed her shirt. Luckily, another poll worker was kind enough to loan Patty her sweater in order to allow her to vote.
To cut to the chase, this is a direct violation of her First Amendment rights. The California Elections Law prohibits "electioneering" within 100 feet of polling places. However, electioneering is clearly and unambiguously defined in a very limited manner only as "the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place..." Clearly, a t-shirt that says only Tea Party Patriots does not fall within the law's prohibition. I've copied the relevant section of the California Election Code for your ease of reference.
319.5. "Electioneering" means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of a polling place, an elections official's office, or a satellite location under Section 3018. Prohibited electioneering information includes, but is not limited to, any of the following:
(a) A display of a candidate's name, likeness, or logo.
(b) A display of a ballot measure's number, title, subject, or logo.
(c) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information.
(d) Dissemination of audible electioneering information.
I went back with Patty to complain and address the issue, and was directed by the first poll worker I approached that I would need to speak to the "Inspector." When the Inspector came out, she was very polite, but defended her actions by saying that they thought Patty's t-shirt said clearly "who she was," and that it was not acceptable and might make some people uncomfortable. I asked her if the shirt said "Catholic Church," or "Teacher's Union," would that be acceptable? She advised that those would be acceptable. I asked her if those would "clearly say who she was," and she simply looked stumped. Then I asked her if she knew exactly what the law prohibited, and she said "political stuff within 100 feet of the polling place." She pointed me to a board in front that said we were not allowed to "electioneer." She advised me that they were trained to err on the side of making sure that no one was offended. I asked her directly if they were ever trained in the statutory language which says that the only things banned are items which "advocate for or against any candidate or measure on the ballot." She said they were not trained like that, and that she was unaware of that definition or that particular statutory language. She then called over another poll worker to ask him, and he agreed that they were trained just to use their judgment and not allow political stuff that might make people uncomfortable.
After my conversation with the poll workers, it was obvious that it's impossible to blame them. They are nice people, volunteering to do an important job in our community. They should be saluted for their willingness to be a part of the great American system of democracy. And the people I spoke to were apologetic and kind once they understood the law (something they should have been taught by the Elections Office). They were quite embarrassed when they read the law (which I had printed out and brought with me) and realized that the law actually didn't prevent anyone from wearing a Tea Party Patriots t-shirt, or even "political stuff" in a polling place. I am stunned that our poll workers have been trained so poorly by the Nevada County elections office in the most basic of our election laws, and in the respect for an American citizen's First Amendment rights. My wife entered the polling place a proud American voter, and was treated as a law breaker.
The Elections Office must be held accountable for such atrocious training of poll workers in the most basic of laws. They must be held accountable for failing to adequately test voting machines. This office is responsible for the smooth execution of our most basic rights. If they are improperly training and supervised poll workers, and if they can't even be trusted to do basic testing on electronic voting equipment, what else can we expect from the individuals overseeing our elections?
