Criminal Trespassing Laws at Polling Places

• Follow polling place laws to avoid legal problems.register to vote image by Christopher Martin from Fotolia.com
  
  The Citizen Media Law Project reports polling place law is regulated by states. There is no general law on criminal trespass at a polling place for you to follow. It is important to consult your own state's law to be within legal boundaries as you vote.
  
  

Interference

• State governments protect voters from various types of interference. Each state defines this offense differently. For some, even wearing a pin with your candidate's name is considered interference and against the law. The laws usually distinguish between activities inside the polling place and buffer areas (100 feet from polling place entrance) from activities beyond these areas. If you break the law of your state, you could be arrested for criminal trespass.
  
  

Paraphernalia Law

• National Public Radio (NPR) suggests checking with your local elections office before deciding to wear campaign items to the polls. NPR reports some states consider this activity interference with elections. The law ranges from South Carolina's prohibition against any paraphernalia to Alabama's less restrictive law that has no clothing restriction but disallows loitering or leaving campaign material at the poll site. If you break a local election law, you will be asked to remove the offending item or go home and change. If at that point you refuse, you may be arrested on criminal trespass charges.
  
  

Example

• An example of the use of criminal trespass charges in a polling place was reported by the Dallas "Star-Telegram" in March, 2010. A supporter of a gubernatorial candidate posted a campaign sign on a building that was to be used as a polling place. He was charged with criminal trespass when he refused to remove the sign after being ordered to do so by county sheriffs.
  
  

Penalties

• A criminal trespass charge is usually considered a misdemeanor. However, if you have also committed other crimes such as intimidation at the polling place or disorderly conduct, the charge may be elevated to a felony. The possible penalties for a misdemeanor is a fine, probation or community service. If the charge is elevated, you may also incur jail time. To avoid paying these penalties, it is best to err on the side of caution. Avoid bringing or wearing any campaign paraphernalia with you to the polling place and follow the directions of the polling place staff.