MONTGOMERY COUNTY, Texas - Clothing with political messages are not allowed in polling places.
However, a post making the rounds on Facebook says a man voted in Montgomery County wearing a Make America Great Again hat.
KHOU 11 News spoke to the man Tuesday who says the presiding judge initially told him to remove the hat in order to vote. Police were called to the polling place. After more than two hours of discussion, he says he was permitted to vote wearing his MAGA hat.
The Montgomery County man says the discussion with police and the presiding judge was calm and never contentious.
The Texas Election code says a person commits an offense if they electioneer for or against any candidate, measure, or party during the voting period within 100 feet of a polling place.
The Montgomery County man argued President Donald Trump is not on this ballot.
He also cited a recent Supreme Court decision that struck down a similar political dress code rule in Minnesota.
However, the Harris County Clerk’s office told KHOU 11 News Tuesday that MAGA hats are not allowed in polling places, because the slogan is associated with a political party.
“We want to limit any outside influence on anybody in the polls,” said the Harris County Clerk’s Office in a statement.
The Texas Secretary of State sent the following statement:
“This statute on electioneering (61.003) makes no distinction as to whether or not the 'candidate' in question is on the current ballot or a previous one. Therefore, our office advises election officials that the statute prohibiting electioneering within 100 feet of a polling place also includes materials expressing preference for or against candidates in past elections as well.”
A spokesperson also sent this link laying out the rules on electioneering within 100 feet of a polling place: https://www.sos.state.tx.us/elections/laws/advisory2018-33.shtml
