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Idaho AG: County ban on political apparel at polls incorrect

The opinion says passive electioneering includes wearing a T-shirt or button that supports candidates or policies
In this Thursday, Feb. 13, 2020 photo, buttons are seen at The Trump Store in Bensalem, Pa. The...
In this Thursday, Feb. 13, 2020 photo, buttons are seen at The Trump Store in Bensalem, Pa. The shop selling President Donald Trump-themed merchandise in a strip mall in suburban Philadelphia has emerged as a magnet for the president’s backers and a reflection of Pennsylvania’s status as a political battleground this year. (AP Photo/Matt Slocum)(Matt Slocum | AP)
Published: Oct. 28, 2020 at 12:37 PM MDT
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COEUR D’ALENE, Idaho (AP) — The Idaho attorney general’s office says in an opinion that a northern county’s ban on wearing political apparel at the polls is incorrect.

The opinion published Tuesday says the Idaho law that determines electioneering guidelines most likely prohibits active campaign measures rather than passive ones.

The opinion says passive electioneering includes wearing a T-shirt or button that supports candidates or policies.

The Kootenai County Elections Office had prohibited voters from wearing political apparel at polling places under Idaho Code 18-2318, which bans electioneering at the polls.

The attorney general office’s opinion says the law can be defended as constitutional if only active electioneering methods are banned.

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