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Constitutional Law Keyed to Choper
Minnesota Voters Alliance v. Mansky
Citation:
138 S. Ct. 1876 (2018)Facts
Minnesota Voters Alliance (MVA) is a nonprofit organization that advocates for election reforms. In 2010, MVA and other like-minded groups (calling themselves “Election Integrity Watch”) planned to have supporters wear buttons to the polls printed with the words “Please I.D. Me,” a picture of an eye, and contact information for the organization. Minnesota law does not require voters to show identification. One plaintiff also planned to wear a “Tea Party Patriots” shirt. Five days before the November 2010 election, MVA filed a lawsuit challenging Minnesota’s political apparel ban on First Amendment grounds.
On Election Day, some voters associated with MVA encountered problems. One individual was asked to cover his Tea Party shirt. Another refused to conceal his “Please I.D. Me” button, and an election judge recorded his name and address for possible referral. Petitioner Cilek, who wore the same button and a T-shirt with the words “Don’t Tread on Me” and the Tea Party Patriots logo, was twice turned away from the polls before finally being allowed to vote after an election judge recorded his information.
The State had issued an Election Day Policy providing guidance on enforcement of the ban, listing examples of prohibited apparel including items with names of political parties, candidates, ballot questions, issue-oriented material designed to influence voting (specifically including “Please I.D. Me” buttons), and material promoting groups with recognizable political views (such as the Tea Party or MoveOn.org).
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