Hamlin Hat Harassment: Voter Arrested for Apparel

[XLFD]

An older woman from Hamlin Township had her right to cast a vote yesterday thwarted by an election worker who may have misinterpreted the law as it applies to electioneering.  Ironically, our sheriff who considers himself a champion of human rights, seems to have had his deputies deny her right to vote and her right to freedom of expression, before charging her with some serious crimes.  From today's edition of the MCP:  

"A 52 year-old Hamlin Township woman faces multiple charges after allegedly refusing to remove a political candidate’s hat; assaulting the township clerk who asked her to remove it; and resisting arrest, according to Mason County Sheriff Kim Cole.

The incident occurred on Election Day Tuesday, Nov. 5, shortly before 1 p.m. at the Hamlin Township Hall.

Mason County sheriff’s deputies were called to the hall “regarding a reported assault that involved the allegation of the Hamlin Township clerk being shoved,” said Sheriff Cole. “Deputies learned from interviewing those involved, a 52-year-old Hamlin Township female entered the Hamlin Township Hall to vote. The suspect reportedly was wearing a political candidate’s hat. When asked to remove the hat, the suspect became irate, refusing to take the hat off and started recording people at the polling location. At one point, the township clerk was shoved backwards, into another township employee.

“The suspect then left the building, but returned while deputies were on scene,” said Sheriff Cole. “During the arrest, the suspect refused to comply while being handcuffed and struggled with deputies.”

The suspect remains lodged in the Mason County Jail awaiting arraignment. She faces charges of assault, disorderly person, resisting/obstructing arrest and interfering with an election worker."

Now, chances are the hat was one of the signature "Make America Great Again" or MAGA hats that are almost instantly associated with the Trump campaign, it could have even been an "When we fight, we win" or "I'm with her" cap that can be seen on Kamala Harris supporters:

But it's highly unlikely that it was a cap with either of the candidates' names, otherwise one has to believe that a 52-year-old woman would understand why she was prohibited from wearing paraphernalia supporting a candidate or proposition.  Such a woman, however, would likely object to being told that a MAGA cap was against Michigan election law, because it likely isn't.

That's not just my opinion, the law seems to think so and a different outcome for a similar incident happened to Michelle Gregoire of Battle Creek yesterday and picked up by international news:

Hey!' She yells, 'This man is refusing to let me cast my ballot.'

'This lady is refusing to take off her party or designation,' the worker responds.

Gregoire replies that her hat does not constitute support for a party or designation.  'Actually, I am a registered libertarian, so f**k off.

The Battle Creek police are considering filing assault charges on the poll worker after the incident, but here in Hamlin Township, it's unclear whether the "candidate's hat" in this incident was in violation, and it wouldn't have been in violation if it was a phrase associated with a statement or a philosophy.

The law in relevant section says in MCL 168.744(3) that "on election day, a person shall not post, display, or distribute in a polling place, in any hallway used by voters to enter or exit a polling place, or within 100 feet of an entrance to a building in which a polling place is located any material that directly or indirectly makes reference to an election, a candidate, or a ballot question."

Clearly, the Battle Creek woman with a MAGA cap did not post or distribute anything, additionally when one considers the verb display as "to arrange (i.e. plan, prepare, or organize) something or a collection of things so that it can be seen by the public" one would be hard-pressed to suggest a simple phrase that reflects her Libertarian philosophy was displayed/arranged in the polling place and not just an article of apparel never referencing any one candidate or ballot question, even indirectly.  Making America great again is a philosophy, saying one will win when we fight is a non-partisan statement.  

One would guess that this Hamlin Township woman took umbrage at being told to remove her hat when it wasn't supportive of a candidate, ballot question, or election.  Was her alleged assault a matter of self-defense when the poll worker came at her like the one allegedly did in Battle Creek?  Maybe, and perhaps the deputies might have conducted an illegal arrest, possibly depriving her of the right to vote and denying her freedom of speech.

As there are so many maybes, possiblies, and allegedlies in this local story of polling place perils, we are submitting FOIA requests to the Township of Hamlin and the county sheriff to get to the bottom of this story and find out whether this poor woman, who only wanted to exercise her right to vote, was improperly targeted for her philosophy/statement, rather than guilty of a questionable violation of campaign law-- and contingent felonies heaped on her.  More to come.

[Willy]

I can understand a law that restricts carrying signs or handing out pamphlets or trying to persuade others on how to vote.  It makes some sense to keep those activities from taking place in or around voting stations but telling folks what  type of clothing they can wear goes way beyond being rational. What's next. Controversial tattoos must be covered?

USA   USA   USA   USA   USA    USA 

[XLFD]

I just located our SOS's official document on the matter, Prohibited Conduct at Voting-Related Locations, which indicates wearing apparel is not a crime, the act of campaigning (aka electioneering) is.  What is a federal crime is "An attempt to use force or threats to stop or attempt to stop a person from voting in a primary or general election where a federal office appears on the ballot. (18 U.S.C. § 245 (b)(1)(A); 52 U.S.C. § 20511; 18 U.S.C. § 594)".  The Hamlin clerk and other election workers present may have violated that law if they let a hat come between the woman and her casting of a ballot.  I hope this woman lawyers up if she was, and I don't care what her politics are.

[Willy]

Thanks for the link. It seems to me that there are some clerks who have not educated their staff about voting laws. Hamlin Twp. needs to make sure that all their representatives are made aware of citizens rights. Of course they could be never Trumpers and were just revealing their bias nature.