The Virginia American Civil Liberties Union and two free-speech groups plan to sue Virginia elections officials over a policy that bars voters from wearing political messages into polling places.
The State Board of Elections announced earlier this month it would enforce a law preventing anyone from exhibiting campaign materials within 40 feet of the facilities. A voter wearing the political clothing will be asked to remove it or cover up, or potentially face misdemeanor charges.
The ACLU, the Rutherford Institute and the Thomas Jefferson Center for the Protection of Free Expression, both based in Charlottesville, plan to file the lawsuit after the Nov. 4 election.
The details of the suit, however, will depend on how officials enforce the policy Tuesday, said Thomas Jefferson Center Associate Director Josh Wheeler.
“Some communities may adopt a more restrictive policy, and it may be best to challenge that particular application,” he said.
He acknowledged that courts have upheld similar policies, but said the case in Virginia is set apart because it targets voters themselves, and not just electioneering activity outside the polling place.
The ACLU announced on Wednesday it would file the lawsuit shortly after Election Day in federal court, asking that the policy be ruled unconstitutional before state and local elections next year.
The group advised voters to take off or cover up political clothing if asked to by elections officials, and to contact the ACLU afterward.
“Our focus right now is on finding out what actually happens to voters on Election Day,” said Virginia ACLU Executive Director Kent Willis. “Voters need to tell us their experiences so we’ll know how and where this unconstitutional rule is being enforced and what action we need to take.”
State Board of Elections spokeswoman Susan Pollard said the agency appreciates the groups waiting to file the lawsuit until after Election Day. On the policy, she said the board is “just following Virginia law.”
