Judge Dismisses Minn. "Please I.D. Me" Lawsuit
MINNEAPOLIS (AP) -- A federal judge on Friday dismissed a lawsuit filed by voters who wanted to wear tea party T-shirts and buttons that said "Please I.D. Me" to the polls in last November's election.
U.S. District Judge Joan Ericksen dismissed the lawsuit with prejudice, meaning it cannot be brought before the court again.
A coalition of groups that form Election Integrity Watch had claimed Minnesota's statute banning political buttons, badges and insignia in polling places was unconstitutional. The groups said that enforcing the statute violated their free speech and that laws enforced in Hennepin and Ramsey Counties denied their right to vote.
Ericksen disagreed, saying the law and Election Day Policy are constitutional, and "Minnesota's strong interest in creating a neutral zone where individuals can vote free from external influence is reasonably furthered by restricting the expression of political views within the narrow confines of the polling place."
She said the statute "on its face, is neutral. It applies to any political badge or button, no matter what view it espouses."
Minnesota Majority, one of the groups in the coalition, disagreed and said conservative and populist groups were singled out. Dan McGrath, Minnesota Majority's executive director, said the group will appeal.
"We are confident that this will not stand," McGrath said.
State law says a person may not wear political badges, buttons or other insignia at or about the polling place on the day of a primary or election. It also says campaign material advocating for or against a candidate or ballot question may not be displayed within 100 feet of a polling place on primary or election day.
Erickson said election policy clearly says that a person wearing such items will be told to cover them up or remove them, but would still be allowed to vote. Those who refuse to remove the items are referred to the Minnesota Office of Administrative Hearings, and could face a petty misdemeanor.
She said polling places are nonpublic, neutral zones and the state has a legitimate interest in providing a safe, advocacy-free environment. She also says it's reasonable for election judges to use discretion to ensure that polling places remain neutral and voters are not disturbed by "ad hoc, of-the-moment campaigns."
One plaintiff had claimed he was denied the right to vote. But Ericksen said the plaintiffs failed to connect that claim to the defendants in this case, which included election officials and prosecutors in Ramsey and Hennepin Counties, as well as Secretary of State Mark Ritchie. Ericksen also reiterated that Election Day Policy mandates that all individuals be allowed the right to vote.
The coalition had argued it should be allowed to wear the buttons to the polls on Election Day because it didn't endorse any political party or candidates and the issue of voter identification wasn't on the ballot. But Ericksen said the organized effort to wear buttons referring to voter identification could confuse or intimidate voters.
McGrath said that he is under threat of prosecution for wearing his button to vote.
"That's intimidation -- the power of government discriminating against and threatening me and others who may share some of my views is scary."
Minnesota Majority has been a strong supporter of legislation that would require voters to show identification at the polls. The issue is currently being debated by the Legislature.
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