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Quote this case if any MoveOn.morons try campaigning near your polling place

Posted on 09/18/2004 11:19:29 AM PDT by scottybk

Here is the Supreme Ct. case that gives states/localities the right to place reasonable restrictions on 1st Amendment rights w/in vicinity of polling places. Check you states law to see if you have a statute on the books that disallows campaigning, etc. w/in certain distance (usually between 100-500 feet) of a polling place to discourage intimidation. Bet not many Klowns/Moore-ons know about this- although it is not helpful unless YOUR STATE HAS THIS TYPE OF LAW ON BOOKS. I am a law student w/ Westlaw access- I am checking every state's law and will post new thread w/ each state's rules.

Supreme Court of the United States Charles W. BURSON, Attorney General and Reporter for Tennessee, Petitioner v. Mary Rebecca FREEMAN. No. 90-1056. Argued Oct. 8, 1991. Decided May 26, 1992.

Political party worker brought action seeking to enjoin enforcement of Tennessee statutes prohibiting solicitation of votes and display of campaign materials within 100 feet of entrance to polling place on election day. The Chancery Court, Davidson County, Irvin H. Kilcrease, Jr., Chancellor, upheld the statutes. Appeal was taken. The Tennessee Supreme Court reversed, 802 S.W.2d 210, and certiorari was granted. The Supreme Court, Justice Blackmun, held that Tennessee statute prohibiting solicitation of votes and display or distribution of campaign materials within 100 feet of entrance to polling place was narrowly tailored to serve compelling state interest in preventing voter intimidation and election fraud, as required by First Amendment. Reversed and remanded.


TOPICS: Politics/Elections
KEYWORDS: pollingplaces

1 posted on 09/18/2004 11:19:29 AM PDT by scottybk
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To: scottybk

Can we make citizens' arrests? I'd like to run citizens' interrogations.

BTTT for carrying a tape measure and a baseball bat to the polls...


2 posted on 09/18/2004 11:22:00 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: scottybk

What about videotaping repeat voters and dead people?


3 posted on 09/18/2004 11:24:22 AM PDT by Drango (PJs? Never. FReep in the "Buff")
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To: scottybk

In Arizona the distance is 75 feet, the 75 foot line is always well marked.


4 posted on 09/18/2004 11:25:13 AM PDT by c-b 1
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To: scottybk

This particular practice may also be known as "electioneering", which may be of assistance in researching the laws and statutes of various states and municipalities.


5 posted on 09/18/2004 11:26:18 AM PDT by alloysteel
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To: scottybk

Good Work. I look forward to seeing that. This is important info. so make sure to post the final state-by-state rules at least a few times before november.


6 posted on 09/18/2004 11:27:42 AM PDT by orangelobster
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To: ApesForEvolution
Can we make citizens' arrests?

You put yourself at great legal risk if you do that.

Better to just call the police if they won't follow the law.

7 posted on 09/18/2004 11:31:11 AM PDT by xm177e2 (Stalinists, Maoists, Ba'athists, Pacifists: Why are they always on the same side?)
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To: xm177e2

lol...thanks. Speaking of risk, you haven't felt it until you work precincts in areas near St. Louis...and Chicago. Ain't no law in those parts.


8 posted on 09/18/2004 11:33:10 AM PDT by ApesForEvolution (DemocRATS are communists and want to destroy America only to replace it with the USSA)
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To: scottybk

TEXAS

Electioneering and loitering within 100 feet of the entrance of the building in which a polling place is located. [Sec. 61.003]. Examples of electioneering include, but are not limited to, the following:
wearing a badge, insignia, emblem, or other item relating to a candidate or a measure. [Sec. 61.010(a)].
unauthorized posting of signs, posters or other similar items. [Sec. 62.013]
unlawful operation of a vehicle with a loudspeaker used for campaigning purposes within 1,000 feet of a building in which a polling place is located. [Sec. 61.004]
http://www.sos.state.tx.us/elections/pamphlets/pollwatcherpf.htm

Check the Sec. of State for your area.


9 posted on 09/18/2004 11:34:32 AM PDT by Smartaleck
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Only You
Can Prevent The Zombie Vote
Padlock Your Cemetaries

10 posted on 09/18/2004 11:37:34 AM PDT by RandallFlagg (<a href="http://www.michaelmoore.com" target="_blank">Hatriotism)
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To: scottybk
In Wisconsin it's 100 feet from the entrance to a polling place. Here's a link to the statutes on prohibited election practices:

Prohibited Election Practices

11 posted on 09/18/2004 11:46:37 AM PDT by Honcho Bongs
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To: ApesForEvolution

Ohio is 100 ft per conversation with Secretary of State Kenneth Blackwell's office.


12 posted on 09/18/2004 11:46:43 AM PDT by CELTICGAEL (Celt) (Freedom isn't free, but if you vote for John Kerry....WE WILL PAY A HIGHER PRICE!!!)
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To: scottybk

I dunno, where I live the campaigners for both sides stand "behind the line", about 100' from the entrance to the poll. Dems on one side, Pubs on the other, so you can avoid either one, or both by walking down the middle of the street. The opposing parties keep an eye on each other to prevent cheating.


13 posted on 09/18/2004 11:53:00 AM PDT by Lonesome in Massachussets (Islam: Men defend most violently, not what they know to be true, but what they fear may be false.)
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To: ApesForEvolution
Found this for Washington State on Atty Gen website http://www.atg.wa.gov/opinions/1972/opinion_1972_007.html
The third general provision of which all candidates and their supporters should be aware is RCW 29.51.020 which relates to political advertising activities at polling places on election days and provides that: "No person shall do any electioneering, or circulate cards or handbills of any kind, or solicit signatures to any kind of petition on primary or election day within any polling place, or any building in which an election is being held, or within one hundred feet thereof, nor obstruct the doors or entries thereto, or prevent free ingress to and egress from said building. Any election officer, sheriff, constable, or other peace officer shall have power to and shall clear the passageway and prevent such obstruction, and arrest any person creating such obstruction."
14 posted on 09/18/2004 11:54:31 AM PDT by Mystic
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To: scottybk; amom; Alamo-Girl; 68-69TonkinGulfYatchClub; xzins; potlatch; Chong; Ragtime Cowgirl; ...

Thank you for doing this, scottybk.

*PING* for some important keep-em-honest election info!


15 posted on 09/18/2004 11:57:49 AM PDT by TEXOKIE (Father in Heaven, take command of America and her Mission, her leaders, her people, and her troops!)
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To: scottybk; ConservativeMan55; PhiKapMom

*PING* for some keep-em-honest election information.

Would either of you be willing to ping the Oklahoma delegation?


16 posted on 09/18/2004 12:00:41 PM PDT by TEXOKIE (Father in Heaven, take command of America and her Mission, her leaders, her people, and her troops!)
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To: TEXOKIE

Thanks for the ping!


17 posted on 09/18/2004 8:01:37 PM PDT by Alamo-Girl
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