States have different rules about what voters can and cannot say, do, or wear at polling precincts across the country.
Voters will often see advocates standing near or outside polling locations distributing sample ballots that guide voters on how to vote Democrat or Republican down ballot, but certain guardrails exist in each state to prohibit those and similar practices close to polling booths.
Those rules can sometimes get activists into trouble.
For example, Republican National Committee officials and election integrity advocates raised concerns last week after a woman in Delaware County, Pennsylvania, was briefly detained for what she said involved her encouragement to voters to stay in line amid concerns that early voting sites were closing before designated cutoff times.
Former President Donald Trump’s national campaign spokeswoman Karoline Leavitt defended the woman in a statement, saying she was only “encouraging voters to stay in line.”
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“Do not get out of line! Do not get out of line!” Val Biancaniello, a Republican elector for Pennsylvania, said in a video as two local Park Police officers handcuffed her and whisked her away.
Biancaniello, a 55-year-old mother who said she was well known in her community, told the Washington Examiner she was told she would receive a citation for “disorderly conduct,” but said as of Friday she still has not received any notice of that citation via the mail.
Ryan Herlinger, a spokesperson for Delaware County, Pennsylvania said witnesses provided statements saying Bianncaniello was “harassing voters in line and telling them who to vote for.”
But according to Biancaniello, she made no such comments regarding who voters should be selecting on their ballots.
“There was no electioneering,” Biancaniello said. “I was not guiding people how to vote. I was simply telling them, ‘please stay in line.’ There were elderly folks, many of them, people who needed to get back to work. They had come on their lunch break. They were hungry, they were tired, okay, they were thirsty,” she added.
The episode in Delaware County is just one of several voting spats that have occurred ahead of Election Day, and Biancaniello’s case underscores how important electioneering rules can be.
Pennsylvania is not the only state where electioneering-related disputes have already arisen. In other Independence County, Arkansas, a local eyewitness filed a complaint alleging some electioneers were harassing and following voters toward the entrance of polling sites. And in Bexar County, Texas, a man who wore a Trump hat while he was voting allegedly assaulted an election worker after he was told his headwear was prohibited at voting sites.
Here is everything you should know about electioneering and prohibitions on voter influencing gearing up for Tuesday’s election:
Understanding Electioneering
Electioneering typically refers to activities aimed at influencing voters’ choices near polling places. The term is defined similarly across all 50 states, though determining whether someone is engaging in prohibited electioneering is typically determined by the distance someone is from a polling booth, which ranges depending on your state.
There are both overt and passive forms of electioneering, ranging from handing out sample ballots outside of prohibited zones, to simply wearing clothes in support of a preferred candidate in a polling location. Wearing campaign gear when standing in line or close to polling stations is banned in in at least 21 states.
Attempting to influence voters’ choice is typically prohibited within close proximity to polling booths, though activists are given more freedoms to discuss candidates, wear partisan clothing and buttons, and place candidate signage if they are outside of prohibited zones, which vary depending on the state.
In Pennsylvania, electioneering is prohibited by only 10 feet outside the doors of polling centers. Meanwhile, Georgia prohibits such conduct within 150 feet from polling station doors.
Notably, some seemingly benign actions can get people into trouble outside of polling locations, such as handing out food or beverages. In March 2021, Georgia passed the Election Integrity Act which included a provision that barred handing out water in voting lines, which is a practice known as “line warming.”
The law banned activists from handing out food and water within 150 feet outside of polling places and restricted handing out water to people within 25 feet of voters standing in line.
In August last year, a federal district court judge upheld the 150-foot zone outside of polling places where line warming is prohibited but said the rule against handing out water and food within 25 feet of a voter standing in line could not stand. That means the 150-foot prohibition on campaign activity remain around polling locations, but voters in line outside of that range could be solicited for free water or snacks.
Other states with similar laws against line warming include New York, Florida, Arkansas and Montana.
All U.S. states have laws restricting electioneering within certain distances of polling sites, which can be reviewed in a database compiled by the National Conference of State Legislatures (NCSL).
General Prohibitions
• Distribution of Campaign Materials: Handing out flyers, displaying signs, or distributing literature supporting or opposing candidates or ballot measures is typically prohibited within a specified distance from polling places.
• Verbal Advocacy: Soliciting votes, persuading voters, or engaging in political discussions favoring a particular candidate or issue near polling sites is generally not allowed in restricted zones, which vary by state.
• Pictures or Selfies With Ballots: Rules surrounding photos or selfies of completed ballots are some of the most far ranging and divergent restrictions that states have, depending on where you’re from.
At least 23 states and the District of Columbia have permissive rules about sharing photos or selfies with ballots, while a group of 19 states has more flexible rules about taking photos of ballots that either generally request photos to be taken in private (I.e. a mail-in ballot) or prohibit selfies.
Eight states have rules that strictly prohibit photos or selfies with ballots, including Arizona, South Dakota, Texas, Illinois, Ohio, North Carolina, Georgia, and Delaware.
• Political Apparel: Wearing clothing, buttons, or accessories that explicitly endorse or oppose candidates or political parties is often restricted within the polling area.
While wearing political apparel is generally inadvisable when casting a ballot, the following states have the most explicit restrictions against doing so: Arkansas, California, Delaware, Indiana, Kansas, Maine, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Tennessee, Texas, Vermont.
Permissible Activities
Although the activities that voters are allowed to engage in outside of neutral zones vary by state, here are some activities that are generally acceptable when a voter is outside of a restrictive zone:
• Engage in Political Discussions: Converse about candidates or issues, and handing out sample ballots, provided it doesn’t disrupt the voting process.
• Display Campaign Materials: Place signs or distribute literature beyond the prohibited distance.
• Political Apparel: Don clothing or accessories supporting candidates or parties outside the restricted area.
Specific Regulations in Key Swing States
While the core principles are similar, specific restrictions vary by state. Those distinctions dictate what activists can do around polling locations in battleground states as well.
• Arizona: Prohibits electioneering within 75 feet of a polling place or entrance to an early voting location.
This includes influencing voters, soliciting votes, or obstructing entrances. Arizona’s law also forbids voter intimidation and actions that disrupt voters’ access.
• Georgia: Bans handing out campaign materials or solicitations within 150 feet of the outer edge of a building where a polling place is established, or within 25 feet of any voter standing in line.
This includes handing out gifts, such as food or water, and any form of political persuasion or signage.
• Michigan: Restricts electioneering within 100 feet from any entrance to a building in which a polling place is located.
Activities such as soliciting votes, displaying campaign materials, or influencing voters are prohibited to maintain a neutral zone.
• Nevada: Prohibits electioneering within 100 feet of the entrance to a polling place.
This includes distributing campaign literature, displaying political signs, and conducting political persuasion or solicitation.
• North Carolina: Bans electioneering within 50 feet from the entrance to the polling place.
This encompasses distributing campaign materials or engaging in any actions aimed at influencing voters.
• Pennsylvania: Prohibits electioneering within 10 feet of the entrance to a polling place.
This includes campaigning, soliciting votes, or distributing political literature to avoid voter disruption.
• Wisconsin: Restricts electioneering within 100 feet of an entrance to a building containing a polling place.
Activities like distributing campaign materials, influencing voters, and other political actions are forbidden.
Enforcement and Penalties
Election officials and law enforcement are responsible for enforcing electioneering laws. Violations can result in removal from the polling site, fines, or other penalties, depending on state regulations.
In Georgia, for example. those who engage in illicit line warming inside neutral zones at polling places could be punished by up to 12 months in jail and a $1,000 fine.
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One of the most forbidden forms of voter influence, known as “vote buying,” is considered a direct form of electoral fraud. It happens whenever voters are offered money or goods, or other benefits in exchange for their vote, according to a report from Findlaw.com.
Vote buying is illegal in the United States, and those caught or found guilty could be punished by up to five years in imprisonment and/ or fines.