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this post was submitted on 04 Nov 2024
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politics
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Did you even look up the actual code?
It makes no particular distinction how electioneering is done. Just none is allowed in any form.
Dont quit your day job to persue a job in law.
It doesnt need to say it explicitly and its wording is all exclusive.
Or are you going to try and argue a shirt that litterally says "Vote for " isnt soliciting because "the law didnt say anything about shirts!"
And for the record i did not say you were electioneering. Merely pointing out clothing can fall into the category of electioneering...
dude lives in PA and you're going to lecture him on law. 🤣
PA residents are such a pita, legally speaking, that there are entire call centers dedicated to handling support for PA residents.
Say what you will, PA residents know their rights and what laws protect them.
I'll trust his legal judgement before any armchair lawyer any day.
Yeah and so are sovcits... doesnt make them right.
Except it very clearly states whats prohibited. It doesnt need to list every possible ways you could solicit because simplely stating "soliciting is prohibited" is clear.
Do you think murder isn't actually murder because the law didnt specific the method that is required to be considered murder was commited?...
BTW, Its quite ironic your calling someone stupid for lack of reading comprehension. Do continue, lets see how far you're willing to dig yourself deeper into this rabbit hole.
Laws on electioneering can be found state by state here:
https://www.ncsl.org/elections-and-campaigns/electioneering-prohibitions
Since this happened in Florida:
Fla. Stat. § 102.031
150 ft. of the entrance to a polling place, early voting site, or office of the supervisor
Campaign materials/signs/banners/literature
Influencing voters/soliciting votes/political persuasion
Circulating petitions/soliciting signatures
polls/exit polls – Note: there is an exception allowing exit polls
Would not seem to apply to t-shirts or hats, but would apply to signs, banners, etc. within 150 feet.
Im gald we can agree.
I once drove too fast near a cop and they didn't pull me over, therefore speeding is legal. And the law doesn't define specifically what acts can "cause a disturbance", so that means you just can't be arrested for it. Right?
Cops regularly miss violations or just don't feel it's worth enforcing them when they may have more important things to do. And laws that don't define specifics mean the laws can generally be applied broadly, not that they can't be applied at all. You're in more danger of running afoul of a law that doesn't define specific acts it applies to, not less. You may be able to get the case thrown out in court if they consider it too ill-defined, but that's the sort of thing you pay an expensive lawyer to argue, not a reliable get out of jail free card.
All that said, you're actually right about apparel not being considered electioneering in Pennsylvania. The reasoning for why you came to that belief is bad, but the end belief is correct. The actual rules from the Secretary of State, both say apparel is electioneering:
But that it should not be used to prevent people from voting:
So as long as you're in the act of voting you're allowed to wear blatantly political clothing, but if you're just hanging out by the entrance you're not.