Can you wear a shirt with a candidate’s name on it to vote in WA? What state law says

So you bought a hat or T-shirt to support your preferred candidate in the upcoming election. It would only seem natural to wear it when you go to cast your ballot on election day. But it turns out the issue is much more complicated than that.

Several states ban wearing election-related apparel, in order to ensure that no one at the polls is pressured to vote a certain way.

It’s illegal to influence another voter at WA polls

Washington has its own set of rules that govern election centers and ballot boxes in the state. RCW 29A.84.510 does prohibit five actions near an election center or ballot drop box. Wearing clothing that endorses a particular candidate isn’t one of them. However, just because it isn’t expressly banned, doesn’t necessarily mean that you’re in the clear.

State law does explicitly prohibit any attempts to influence another voter. According to the law, anyone within 100 feet of a voting center or 25 feet of a ballot drop box can’t “suggest or persuade or attempt to suggest or persuade” someone else on how to vote.

Can you wear a campaign T-shirt to vote?

But does simply wearing a T-shirt with a candidate’s name on it count as an attempt to persuade another voter?

In order to get some clarity on this question, we reached out to the office of the Secretary of State, which oversees Washington’s elections. In an email to McClatchy, a department spokesperson said that the answer depends on how the statute is interpreted.

According to the National Conference of State Legislatures, 21 states explicitly ban wearing any apparel that endorses a particular candidate. But even if Washington doesn’t explicitly outlaw campaign apparel, could the statute that prohibits anyone from attempting to persuade another voter cover campaign apparel, too?

While we might not have a clear answer, there are a few hints. Of those 21 states, ten have a separate clause prohibiting attempts to influence how someone else votes, according to the NCSL. The implication is that the two are considered separate issues.

Additionally, Washington’s elections are conducted by mail and ballot drop box, which are open for weeks leading up to the election, which means there’s a chance no one else is around when you drop off your ballot. While there are in-person voting centers, those contain ballot drop boxes instead of traditional polls, so there’s a good chance that any voters you run into have already filled out and sealed their ballots.

So if you show up to a ballot box wearing a campaign shirt, deposit your ballot and leave, it’s unlikely that it would be seen as an attempt to sway the vote, unless you go out of your way to flaunt or comment on your election-related apparel.

What about election workers?

Election workers have to follow a different set of rules when in a voting center. Under RCW 29A.84.520, any election officer who engages in electioneer has committed a misdemeanor. That chapter of state law doesn’t include a specific definition of the term electioneering, which typically means to campaign for a party or candidate.

This could be interpreted to include wearing campaign-related apparel, but even if you take a narrow definition of the term, you could still run into trouble. Election workers have to stay at the ballot box or election center for a prolonged period of time, unlike voters who can cast their ballot and leave. As a result, it would presumably be much more difficult to wear candidate-related apparel and avoid flaunting it or discussing it with a single voter while you’re at the polls.

This story was originally published October 26, 2024 at 5:00 AM.