Your rights, rules at the polls in Minnesota

If you show up to the polls wearing a “Make America Great Again” hat or a T-shirt bearing Vice President Kamala Harris’ likeness, you won’t be allowed within 100 feet of the premises.

Minnesota, like many states, has laws prohibiting political clothing, buttons and signage at and near active voting locations. Canvassers and campaigners cannot hand out fliers or candidate-related paraphernalia; they also cannot encourage or dissuade people to vote for or against a candidate or issue.

In 2018, a landmark U.S. Supreme Court decision threw out a longtime Minnesota law barring voters from wearing partisan apparel at the polls. Afterward, Minnesota essentially tightened the statute, Jason Marisam, an associate professor at the Mitchell Hamline School of Law, told MPR News on Monday.

Under the First Amendment, “we have, of course, freedom of expression, and want people to be able to express themselves, but once it comes time to cast that ballot in that sacred place for democracy, the voters should be able to do that calmly, without, sort of, interference,” Marisam explained.

Only election judges, people actively or waiting to vote, or people conducting exit polling may be within 100 feet of the polling place under state law. Members of the media may approach voters outside of that limit for interviews. Some state officials, such as those with the secretary of state’s office or county auditor’s office, are allowed inside of a polling place. Working election officials must wear an identifying badge.

Ballots are also supposed to be secret, meaning taking photos of your ballot is discouraged by the secretary of state’s office. Capturing other people in the photo violates their right to privacy. However, there is no law barring pictures.

Voters are allowed to bring in notes, even on their phone, or a sample ballot as an aid.

Last spring, state lawmakers approved the Minnesota Voting Rights Act, enshrining voting rights protections. It came at the urging of Secretary of State Steve Simon and other advocates after an appeals court ruled in 2023 that only the U.S. Attorney General could enforce a provision of the Federal Voting Rights Act of 1965. Concerns arose that the ruling could negatively affect voters of color from exercising their rights.

Minnesota recently passed new laws to protect election workers from intimidation and harassment. Further, people with felony convictions who are not incarcerated can vote, too. Minnesota also allows same-day election registration with an ID.

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