Can voters wear campaign gear at the polls in Kentucky? What electioneering laws prohibit
If you plan to vote in person this Election Day, Tuesday, Nov. 5, you might be excited to wear your favorite piece of campaign gear to represent your preferred candidate at the polling place.
But could that get you into trouble with a poll worker? It’s a common question that seems to resurface every election cycle, along with whether it’s legal to take a selfie with your voted ballot.
It’s helpful to understand what isn’t typically allowed inside a voting enclosure. Leading up to every election, you’ll likely hear about “electioneering,” which is commonly banned within a certain distance of polling places to prevent voter intimidation and undue pressure on voters.
What’s considered electioneering varies state by state. Here’s a look at what the rules are in Kentucky, including whether that red Trump hat or Harris/Walz t-shirt could get you scolded by a poll worker.
What is electioneering?
Kentucky law prohibits “electioneering” within 100 feet of an entrance to a polling place and within the voting enclosure itself.
As laid out in Kentucky Revised Statute 117.235, electioneering is defined to include:
Displaying campaign signs
Distributing campaign literature
Soliciting signatures for petitions
Soliciting votes for or against ballot questions
Soliciting votes for or against candidates
Electioneering does not include exit polling or bumper stickers attached to vehicles occupying that 100-foot perimeter, either parked within it or vehicles passing through. Private property is also exempt, meaning homes near polling places are free to display campaign signs, even within 100 feet of a polling place.
Another important component of electioneering hinges on conversations between voters at the polling place. KRS 117.235(4) bars voters from conversing with each other about “their support or nonsupport of any candidate, party or issue to be voted on” while they’re in the room where votes are being cast. The major exception here is voters who need to converse with someone who’s helping them to cast their ballot, perhaps because they have a disability. Those voters are allowed to to speak with the individual offering assistance.
These electioneering rules apply not just on Election Day, but during early absentee voting, as well. Additionally, electioneering is not allowed within 100 feet of a ballot drop box.
Can I wear campaign gear when I go vote in Kentucky?
The answer to this question comes down to a central element that defines electioneering, which is the behavior must involve soliciting or persuading others to vote a certain way.
Much of the behavior that constitutes electioneering involves taking persuasive action, such as distributing campaign literature, asking for petition signatures or soliciting votes for a certain outcome. As long as you aren’t engaging in these actions at the polling place while wearing your campaign gear, or you are at least 100 feet away from any entrances when doing so, you should not run into any trouble.
Michon Lindstrom, a spokesperson for Kentucky Secretary of State Michael Adams, the state’s top election official, confirmed to the Herald-Leader, “voters can wear their candidates gear to vote as long as they just go in and vote.”
In other words, the only behavior that’s legally allowed to occur at a Kentucky polling place is voting. Voters are allowed to go in, cast their ballot and leave.
“They can’t just hang around the voting location for hours with their gear on, unless they are 100 feet from the location,” Lindstrom wrote the Herald-Leader in an emailed response.
So while you can feel free to wear your preferred candidate’s campaign clothing, make sure you’re not exerting undue pressure on other voters by showing up, casting your ballot and going about your day.
Do you have a question about Kentucky elections for our service journalism team? We’d like to hear from you. Fill out our Know Your Kentucky form or email ask@herald-leader.com.