Election Day dress code: What you can and can't wear to vote

Election Day is less than a week away and while 50 million Americans have already voted, there is still plenty of time for other voters to get to the polls.

But whether you’re a first-time voter or have cast only mail-in ballots in past elections, you should know that there are dress codes for polling sites, and they vary from state to state.

What can't you wear to the polls?

Twenty-one states have statutes banning political apparel at the polls. It’s referred to as “electioneering” — another word for campaigning — and it encompasses any type of election-related clothing, whether it’s a “MAGA” hat, an Obama-Biden 2012 shirt or even pop culture references like a “Vote for Pedro” shirt from Napoleon Dynamite. In some states, it applies to smaller items like pens, stickers and buttons.

Arkansas, California, Delaware, Indiana, Kansas, Maine, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode Island, South Carolina, Tennessee, Texas and Vermont all have laws against electioneering apparel, according to the National Conference of State Legislatures.

The rest of the states, as well as Washington, D.C., do not allow campaign materials, signs, banners or literature near or inside polling sites, but do not have specific guidelines about what voters can wear. In Maine, for example, voters can wear campaign buttons if the “longest dimension of the button does not exceed 3 inches.” In Florida, voters even wear a costume mask while casting their ballot — they just have to take it off when poll officials verify their photo ID.

You can find your state's specific dress codes on the National Conference of State Legislatures website.

Why do polling sites have dress codes?

The argument is that wearing or displaying political affiliations at a polling site could influence or intimidate others into voting for a specific candidate, party or issue.

Rules are also not limited to inside the polling site. State laws also dictate how far someone must be from a polling place while wearing political clothing — typically between 50 to 200 feet.

In a conversation with NPR, Gracia Hillman, a commissioner on the Election Assistance Commission, said it’s up to the poll officials to make the call on whether something violates the state’s electioneering laws.

“Election officials and legislatures have to strike the balance between what you do to allow the voters to have a satisfactory experience while they’re voting and still allow the people who are campaigning to be able to do their thing in an appropriate location outside of the poll,” she said.

Doug Chapin, an election expert at the Pew Center, also told NPR, “The way you express your opinion in a polling place is by casting a ballot. … It’s just an opportunity to have the polling place be a safe place for voters of all opinions to cast their ballots.”

You can find your state’s specific electioneering prohibitions on the National Conference of State Legislatures website.

What happens if you violate your state's dress code?

Poll workers are allowed to ask voters to either cover up or remove their apparel.

Punishment for violating the rules also varies from state to state. In Kansas, wearing political attire within 250 feet of a polling location is considered a class C misdemeanor and can result in up to 30 days in jail or up to a $500 fine. It’s also considered a misdemeanor in Michigan to break the dress code within 100 feet of the building where voting booths are located.

Can you be turned away from voting for violating the dress code?

Poll workers are not allowed to intimidate or harass voters in a way that could interfere with their right to vote.

Dress code violations are also not listed as a legitimate reason that could prevent voters from casting their ballot. Issues with voter IDs and voter eligibility are the main reasons some could be denied voting.