Skip to main content
Find a Lawyer

Political Apparel and Activity at Polling Places: State-by-State Rules

To prevent election interference or electioneering, states have rules about the wearing of campaign apparel, the distribution of political literature, and campaigning near a voting site. These rules are designed to promote free and fair elections and discourage voter intimidation.

Ensuring elections are fair and free from manipulation and unfair influence is important. Some people attempt to use various tactics that can disrupt the election process. State laws address this issue.

This article examines electioneering and election interference. It explains what electioneering is and why what you wear and carry to the polls might not be permitted. State rules for in-person voting and taking photos in and around polling places are also covered.

What Is Electioneering?

Electioneering happens when political groups try to persuade registered voters to vote for or against a political party, candidate, or ballot initiative. Electioneering is legal during election season or at a distance from the polls. It becomes illegal and an attempt to influence voters as these advocates get closer to the polls and those trying to cast their votes.

Electioneering near polling places and drop boxes on election day is illegal in most states, though a few still permit it. State boards of election monitor this activity, as electioneering activities can impact election results. They can also become voter intimidation and even election fraud.

Electioneering Laws: Restrictions on Polling Sites

Each state has some version of the law that regulates electioneering near polling places on Election Day. For instance, Delaware law prohibits wearing any button, banner, or other object that refers to issues, candidates, or partisan topics. Minnesota’s electioneering laws restrict such things as:

  • The presence of unauthorized persons at a polling place
  • Campaigning within 100 feet of a polling place
  • The manner and location where exit polling can take place
  • The location and conduct of news media representatives at polling places

As of March 2026, these are some of the restrictions that apply at state polling places:

  • 46 states and Washington, D.C., prohibit campaign materials, banners, signs, or other literature
  • 38 states prohibit influencing voters, political persuasion, or soliciting votes
  • 27 states prohibit campaign apparel, buttons, stickers, or placards
  • 23 states and Washington, D.C., prohibit circulating petitions or soliciting signatures
  • 11 states prohibit projecting sounds referring to candidates or issues
  • 21 states prohibit voter intimidation or interference with voters
  • 26 states prohibit obstructing the entrance or hindering voters
  • 11 states prohibit loitering
  • Eight states prohibit polls or exit polls
  • Five states prohibit peddling or advertising

The National Conference of State Legislatures (NCSL) website provides detailed guidance.

Apparel Requirements at Polling Sites

Some states ban registered voters from wearing campaign apparel near polling stations. In New York, the law prohibits wearing campaign apparel, buttons, stickers, or placards within 100 feet of entrances to buildings where the election is held. The statutes range from general campaign apparel to specifically describing buttons, badges, pins, caps, hats, shirts, stickers, placards, signs, or other devices.

In total, 27 states prohibit voters from wearing campaign apparel, buttons, stickers, and placards within polling places. As of April 2026, these are:

  • Arkansas
  • California
  • Colorado
  • Delaware
  • Hawaii
  • Indiana
  • Kansas
  • Maine
  • Massachusetts
  • Michigan
  • Minnesota
  • Montana
  • Nebraska
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Rhode Island
  • South Carolina
  • Tennessee
  • Texas
  • Vermont

The U.S. Supreme Court addressed the issue of apparel restrictions at polling places in a 2018 decision. The Court ruled that states can’t give broad prohibitions on wearing apparel in polling places. The decision found that the law was unconstitutionally vague and overbroad because it didn’t clearly define what “political” apparel constituted. It allows some restrictions on voter attire at polling sites, but emphasizes that the law should include clear guidelines on what is prohibited.

State Laws on Photography in Polling Places

As of March 2026, laws on taking photos of yourself with your ballot, taking pictures of the interior of polling stations, and videotaping in and around polling sites are all over the map. According to the National Conference of State Legislatures, even in states where “ballot selfies” are permitted, other laws against privacy violations still apply. You cannot take pictures of poll workers or other voters.

  • Ballot selfies are prohibited in: Alaska, Louisiana, Massachusetts, Minnesota, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, South Carolina, South Dakota, and Wisconsin.
  • Ballot selfies are permitted by statute or regulation in: Alabama, California, Colorado, Hawaii, Iowa, Kentucky, Michigan, Nebraska, New Hampshire, New Mexico, Oklahoma, Oregon, and Utah.
  • The status of ballot selfies is unclear or probably permitted in: Arkansas, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Maine, Maryland, Montana, North Dakota, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wyoming, and the District of Columbia.
  • Ballot selfies are prohibited for in-person voting, but the law is silent as to absentee ballots in: Arizona, Maryland, Michigan, Tennessee, Texas, and West Virginia.

The laws on photography, including ballot selfies and other forms of videotaping devices in polling placesvary from state to state. This variation reflects the complex balance between the sanctity of the electoral process and freedom of expression. Due to these varying conditions, it’s best to check your state election laws or ask your election officials for detailed advice.

Signs, Literature, and Campaign Materials

Almost all states have laws prohibiting campaign materials from being in or around polling locations. Campaign material is any item or document that displays:

  • A candidate’s name, likeness, or logo
  • A ballot measure, initiative number, or title
  • Any other material with issues, candidates, or campaign topics

This can include water bottles or candy bars with “Provided by the Campaign to Elect John Doe” on the items if handed out to voters at the polls.

Buffer Zones and Distance Requirements

All states have a designated area around their polling places where no electioneering or other activity is permitted. The distances average 100 feet from the entrance, but range from “the walks and driveways” in Vermont to 500 feet in South Carolina. These laws can change rapidly, and your safest bet is to check with your election board or the NCSL before heading to the polls.

Other Prohibited Electioneering Activities

More than half of all states have other prohibited activities in their buffer zones, including:

  • No soliciting signatures for next year’s ballot initiatives
  • No use of loudspeakers or megaphones
  • No loitering in or around the polls
  • No exit polls (asking people how they voted when they leave)
  • No vending or selling any items

Voter intimidation remains a serious issue. Although many states now have open-carry laws, some have banned open- and concealed-carry within polling stations to prevent the risk of voter intimidation. You can see if your state is among them here.

What if You Break These Rules?

The penalties for violating electioneering laws depend on your state and the manner in which you violated the law. If you wore a “Vote for John Doe!” t-shirt to the polls, you’ll probably just be asked to turn it inside out before you vote. If you threaten the poll worker who asked you to do that, you could be arrested for disturbing the peace.

In general, violations of these laws are misdemeanors or infractions. Intimidation and violations involving threats or violence could rise to felonies if anyone is injured.

Finding Your State’s Voting Rules

One place to begin looking for specific rules is the National Conference of State Legislatures. This site has a regularly updated list of state laws on election rules, electioneering, voter rights, and other voter essentials.

For your state’s most current laws, your Secretary of State’s website is often the most reliable source. This site will link to your State Board of Elections, which can give you the most current rules on ballots, early voting, and electioneering rules in your state.

Frequently Asked Questions

It’s natural to have questions about what is and isn’t permitted at polling locations. Let’s address some of the ones that are often raised.

Q: What can I wear to the polls?

Your safest bet is a plain t-shirt or jacket with no political messages. No logo, no candidate’s name, nothing that would suggest you belong to any party. If you habitually wear a baseball cap of any color, leave it in the car. Political clothing, like so-called “gang clothing” in high schools in the 1980s, has become a matter of interpretation, not fact.

Q: Can I wear a Black Lives Matter or Pride shirt to vote?

A: It depends on your state and whether election officials consider the message “political.” The U.S. Supreme Court ruled in 2018 that states must have clear definitions of what is “prohibited campaign apparel.” Some states may allow issue-based clothing if it doesn’t reference specific candidates or ballot measures. Check your state’s specific guidelines.

Q: Can I wear an American flag shirt or hat?

A: Generally, yes. Patriotic symbols that don’t reference specific candidates or parties are often permissible. Be sure the flag does not include any shapes or logos that might be political. For instance, a “Punisher” flag might be considered political.

Q: What if I didn’t know my shirt would be a problem?

A: Poll workers will usually ask you to cover the item, turn your shirt inside out, or remove it. Some polling places keep plain shirts or jackets available for voters. You won’t be arrested or prevented from voting, but you’ll need to address the violation before entering.

Reporting Violations

Election officials are vital in securing U.S. citizens’ rights to participate in the general election through efficient election administration practices.

If you think you’ve experienced or observed voter intimidation, you can report it to your state election office. You can also file a complaint with the Civil Rights Division of the Department of Justice. These agencies are responsible for investigating violations and progressing with criminal charges as warranted. It’s okay to report something even if you’re not sure it qualifies. Election officials will examine the incident and make a determination.

Questions About Electioneering Laws? Ask an Attorney

If you witnessed practices that may have affected the integrity of the voting system, it’s crucial to take action. An experienced civil rights attorney can provide the legal advice and help you need. Whether you have questions about your voter eligibility, voting rights, or law enforcement of election laws, a civil rights attorney can help you.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
SPONSORED
Copied to clipboard