TX - Man punches elderly poll worker after being told to remove MAGA hat - October 27, 2024

[Clearsky]

Man bonds out of jail after being charged with punching poll worker, 69, who told him to remove MAGA hat

A man who was arrested Thursday after he was accused of assaulting a 69-year-old elections worker at a Southwest Side polling location bonded out of jail late Friday night.

www.ksat.com

Jesse Lutzenberger, 63, entered a polling location at the Johnston Branch Library around 6:30 p.m. Thursday and was wearing a red Make America Great Again baseball cap, according to a Bexar County Sheriff’s Office report. The phrase has been used as a Trump campaign slogan for years.

 

[DS2021]

Can you wear political shirts to vote in 2024? Here's what Texas law says

Early voting has begun in Texas. Did you know political items are illegal to wear when you vote? Here's what you can and can't wear to the polls.

www.statesman.com

Can you wear political clothing to vote in Texas?​

No. Texas law prohibits "electioneers for and against any candidate, measure, or political party." "Electioneering" is defined as including "the posting, use, or distribution of political signs or literature." This applies to voters, poll workers and loiterers during the voting period within 100 feet of a polling place.

 

[kaen]

What is wrong with people? The loss of proportion is astounding. Given the law, given the request...this man had to have the last word by putting the cap back on before he was out of the building. This is an adult. I continue to be astounded by the entitlement. Hopefully he will qualify for a felony so he won't be able to hurt people with his disrespect anymore.

"Initially, Lutzenberger complied and removed the hat and proceeded to vote, Salazar said. However, after Lutzenberger voted he put his hat back on as he was leaving the building, the sheriff said.

The elections clerk attempted to escort Lutzenberger out and asked him again to remove the hat, the report stated. That’s when Lutzenberger punched the 69-year-old man several times in the face and chest, deputies said." Man bonds out of jail after being charged with punching poll worker, 69, who told him to remove MAGA hat

 

[Eridachtlin]

Sounds like there is something not being reported here. He voted, put his hat back on and was leaving. Then someone decided he needed to be "escorted" out. It seems likely the escort tried to lay hands on him,

 

[kaen]

Sounds like there is something not being reported here. He voted, put his hat back on and was leaving. Then someone decided he needed to be "escorted" out. It seems likely the escort tried to lay hands on him,

The article states that he was approached after he put his hat back on in the polling place and was being escorted out after doing what he was explicitly asked not to do. And, asked a 2nd time to remove the hat. The people who are working the polls have a duty. He has been charged with a felony. I think LE has taken all the facts into account. JMHO.

 

[Inthedetails]

Sounds like there is something not being reported here. He voted, put his hat back on and was leaving. Then someone decided he needed to be "escorted" out. It seems likely the escort tried to lay hands on him,

He put his hat back on where it is not allowed to be worn and then punched, more than once, a 69 year old poll worker. I'm not going to defend a grown man who deliberately defied voting-place rules and then hit his elder.

"Initially, Lutzenberger complied and removed the hat and proceeded to vote, Salazar said. However, after Lutzenberger voted he put his hat back on as he was leaving the building, the sheriff said.

The elections clerk attempted to escort Lutzenberger out and asked him again to remove the hat, the report stated. That’s when Lutzenberger punched the 69-year-old man several times in the face and chest, deputies said."

Man bonds out of jail after being charged with punching poll worker, 69, who told him to remove MAGA hat

A man who was arrested Thursday after he was accused of assaulting a 69-year-old elections worker at a Southwest Side polling location bonded out of jail late Friday night.

www.ksat.com

 

[LadyL]

Sounds like there is something not being reported here. He voted, put his hat back on and was leaving. Then someone decided he needed to be "escorted" out. It seems likely the escort tried to lay hands on him,

if he can't control himself from beating on an elderly person, then he deserves every charge they throw at him - he wasn't in danger and he knew that

 

[Cryptic]

No. Texas law prohibits "electioneers for and against any candidate, measure, or political party." "Electioneering" is defined as including "the posting, use, or distribution of political signs or literature." This applies to voters, poll workers and loiterers during the voting period within 100 feet of a polling place.

And that ban also extends to anything that could convey a political message in regards to the election.

I once made it 2/3s up a long voting line- only to be told by another elderly poll worker that I needed to change shirts as the habitually worn Pro- Life T-shirt I had on could be seen as having a political message. It was, therefore, against electoral rules. I could wear it outside the poll- but not inside.

Rather than argue, let alone punch the person out, I asked if I could stay in line, but turn the T-shirt inside out. He said, "yes". And..... I stayed in line, and out of jail.

 

[mickey2942]

I just sent this to my Mom, who does poll work. Heads up!!

 

[Tower]

And that ban also extends to anything that could convey a political message in regards to the election.

I once made it 2/3s up a long voting line- only to be told by another elderly poll worker that I needed to change shirts as the habitually worn Pro- Life T-shirt I had on could be seen as having a political message. It was, therefore, against electoral rules. I could wear it outside the poll- but not inside.

Rather than argue, let alone punch the person out, I asked if I could stay in line, but turn the T-shirt inside out. He said, "yes". And..... I stayed in line, and out of jail.

You had the proper response. There is simply no reason to be “advertising” political views within 100 feet. We have laws against it because of a long history of intimidation at the polls for all kinds of reasons. In your case, it seems that you simply forgot or didn’t realize it was a problem and handled the situation appropriately.

This man couldn’t bring himself to follow the rules when they were pointed out to him, and even resorted to violence. His behavior is an obvious indicator of his poor character, regardless of party.

Imo

 

[Tower]

Sounds like there is something not being reported here. He voted, put his hat back on and was leaving. Then someone decided he needed to be "escorted" out. It seems likely the escort tried to lay hands on him,

100 feet. That is the law. Not inside the polling place, not “as long as you’ve finished voting,” but 100 feet away.

 

[Cryptic]

Sounds like there is something not being reported here. He voted, put his hat back on and was leaving. Then someone decided he needed to be "escorted" out. It seems likely the escort tried to lay hands on him,

The fact that he had voted does not matter. The law prohibits people from displaying political messages in the poll- period.

Whether the person has voted or not is not part of the equation. Nor does it matter if, he say, approached the poll, stood on his head, then started to walk out with out voting.

If one values and expects law and order in a country, then they need to follow the laws that contribute to law and order.
I am a big fan of law and order.

 

[Auntie Cipation]

I was a pollworker for ten years, 2011-2021, and had to deal with some of this.

One guy wore a Trump hat in 2018 but it was a midterm election where Trump wasn't on the ballot. We asked him to remove it anyway, and he did, but snapped and grumbled and we did worry a little about his anger.

I have a hat that shows Converse sneakers and a string of pearls and says "I understand the assignment." No candidate is mentioned but even so I know not to wear it to the polling place.

The only time I can recall actively ignoring a political message on clothing at the polling place was our local reverend who arrived wearing an "Arlo Guthrie for President" shirt. I chuckled but even then I thought "why push these limits?" Kinda like not joking about bombs in an airport. Why put the pollworkers in the position of having to decide whether to say something or not? It's a long enough and stressful enough day as it is...

 

[Perny]

I was a pollworker for ten years, 2011-2021, and had to deal with some of this.

One guy wore a Trump hat in 2018 but it was a midterm election where Trump wasn't on the ballot. We asked him to remove it anyway, and he did, but snapped and grumbled and we did worry a little about his anger.

I have a hat that shows Converse sneakers and a string of pearls and says "I understand the assignment." No candidate is mentioned but even so I know not to wear it to the polling place.

The only time I can recall actively ignoring a political message on clothing at the polling place was our local reverend who arrived wearing an "Arlo Guthrie for President" shirt. I chuckled but even then I thought "why push these limits?" Kinda like not joking about bombs in an airport. Why put the pollworkers in the position of having to decide whether to say something or not? It's a long enough and stressful enough day as it is...

So who gets to call it if one wears a red shirt or blue shirt
A red cap vs blue cap
MAGA vs HOPE (or whatever the inspiring word of the week has been announced to be on MSM....

And why does San Antonio end up in here (WS) waaayy too much??

 

[Anxala]

Can you wear political shirts to vote in 2024? Here's what Texas law says

Early voting has begun in Texas. Did you know political items are illegal to wear when you vote? Here's what you can and can't wear to the polls.

www.statesman.com

Can you wear political clothing to vote in Texas?​

No. Texas law prohibits "electioneers for and against any candidate, measure, or political party." "Electioneering" is defined as including "the posting, use, or distribution of political signs or literature." This applies to voters, poll workers and loiterers during the voting period within 100 feet of a polling place.

Wow. How bizarre. That laws are in place to impose rules (arrests and fines) on what people can wear while casting their votes but no laws in place to stop presidential candidates running hate campaigns that target and endanger the lives of these very same people. The hate that's at the root of what might potentially cause clashes between voters at polling stations!

What a topsy turvy world we live in.

 

[mickey2942]

In a way, I wonder if this violates the first amendment, Right to Free Speech. And federal law does trump State laws. People can wear whatever they want, in a public place, a MAGA hat, or whatever...the issue is in Texas at places of voting, but it is not federal law.

 

[Anxala]

In a way, I wonder if this violates the first amendment, Right to Free Speech. And federal law does trump State laws. People can wear whatever they want, in a public place, a MAGA hat, or whatever...the issue is in Texas at places of voting, but it is not federal law.

Not just in Texas though -

States with restrictions include Arkansas, California, Delaware, Indiana, Kansas, Maine, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Tennessee, Texas and Vermont.

In 21 States, Your Polling Place Attire Could Prevent You From Voting

Read more here.

www.democracydocket.com

 

[mickey2942]

Not just in Texas though -

States with restrictions include Arkansas, California, Delaware, Indiana, Kansas, Maine, Massachusetts, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Tennessee, Texas and Vermont.

In 21 States, Your Polling Place Attire Could Prevent You From Voting

Read more here.

www.democracydocket.com

Minnesota Voters Alliance v. Mansky - Wikipedia

en.wikipedia.org

And, based on a Supreme Court ruling, it is over reach by the state to restrict freedom of speech at poling places.

 

[kaen]

Minnesota Voters Alliance v. Mansky - Wikipedia

en.wikipedia.org

And, based on a Supreme Court ruling, it is over reach by the state to restrict freedom of speech at poling places.

Might be a reach but currently it is the law in that state and others. To me it is not about if the law is correct. It is the current law, don't like it, then work to change it. I would venture that the man who has been charged is not unlike many other people who feel that their rights to do whatever they want trumps the law or justifies any behavior they choose to enact. In another part of the country, a man is dead because he was a cashier and a customer thought the pizza maker in the back of the store wasn't wearing gloves---- shot to death and he was not even the pizza maker just the cashier. I guess I am reacting to the whole idea of maybe this is a legal overreach because it seems that some people will justify actions based on a grievance rather than using perspective and sanity to recognize if you don't like the law change the law. JMHO.

 

[Tower]

Minnesota Voters Alliance v. Mansky - Wikipedia

en.wikipedia.org

And, based on a Supreme Court ruling, it is over reach by the state to restrict freedom of speech at poling places.

A previous Supreme Court ruling Burson v. Freeman 504 U.S. (1992) restricted free speech in a polling place. So federal law protecting free speech does not apply to polling places. You cannot stand up and give a campaign speech in the polling place, for example, even though your speech is protected in other places.

The issue at hand is the apparel ban. The Supreme Court case to which you refer overturned apparel bans in Minnesota, but in Texas and my state of Nevada, as well as others, apparel with political slogans is illegal in the polling area.

As others here have said, it was not legal in Texas and instead of punching a polling place worker, he should sue the state of Texas to overturn the apparel ban.