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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Does wearing campaign paraphernalia when you go to vote break 'electioneering' laws in some states?

By William Boger
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YES

Electioneering offenses involve various polling-day persuasion attempts, and in ten states they include wearing campaign-related apparel.

In a 2018 case, the Supreme Court held that Minnesota's provisions were too vague, violating First Amendment rights to free speech. The case arose from a 2010 dispute between a poll official and a voter wearing a Tea Party "Don't Tread on Me" T-shirt and a button supporting voter ID. The court cited other states with more specific bans on names of candidates or messages about ballot measures as better legal models.

The laws usually prohibit unacceptable T-shirts or other activities within a specific distance of a polling place, typically 50 to 200 feet. Other offenses may include political discussions by election officers; verbal expression by anyone; petitioning for political causes, and handing out or posting politically relevant materials.

This fact brief is responsive to conversations such as this one.
Sources
FindLaw: Electioneering laws and election interference
National Association of Secretaries of State: State laws prohibiting electioneering activities
National Conference of State Legislatures: Electioneering state statutes on apparel in polling places
SCOTUSblog: Analysis of Minnesota Voters Alliance v. Mansky
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.