Man punched Texas voting clerk who told him to remove MAGA hat, authorities say

A Texas man assaulted an election clerk after he was asked to remove his red "Make America Great Again" hat at an early voting site, authorities said.

Jesse Lutzenberger, 63, was arrested on Thursday and charged with injury to an elderly person, according to the Bexar County Sheriff's Office. He faces a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.

Online county court records show that Lutzenberger posted a $30,000 bond and was released from the Bexar County Adult Detention Center.

The incident occurred at about 6:30 p.m. Thursday at the Johnston Branch Library in southwest San Antonio, according to the Bexar County Sheriff's Office. Lutzenberger, who wore a red MAGA hat, entered the library and was asked by a 69-year-old early voting clerk to remove his hat, Bexar County Sheriff Javier Salazar said at a news conference Friday afternoon.

"He was advised by the early voting clerk that he was not allowed to wear that hat while voting, because it goes against the laws of electioneering," Salazar added.

Lutzenberger initially complied and voted, but put the hat back on as he was leaving the polling site, according to Salazar. The voting clerk then informed Lutzenberger that it was "unacceptable" for him to wear the hat inside the library and began to escort him out the building, Salazar said.

As both Lutzenberger and the voting clerk approached the doors to exit the building, Lutzenberger "appeared to throw an arm back toward the victim," Salazar said, citing security footage.

"The victim seemed to push off of the suspect," Salazar added. "At that point, the suspect then turned and threw several punches right at the face of the victim."

The voting clerk did not sustain any serious injuries, according to Salazar, but had "some marks to his face."

Texas is one of 21 states that prohibits people from wearing campaign apparel, buttons, stickers, and placards at or near polling locations, according to the National Conference of State Legislatures.

Under the Texas Election Code, it's illegal to wear clothing, hats, buttons, or masks supporting a political candidate at polls. Voters who do not follow this rule will be asked to turn their clothing inside out and leave accessories in their vehicles and those who refuse or resist can be charged with a Class C misdemeanor, resulting in a fine of up to $500.

Harris v. Trump poll: Americans trust the count but worry about violence

'Violence has no place in our election process'

Local officials condemned the incident and reminded voters to follow state laws.

Bexar County Elections Administrator Jacque Callanen noted during a news conference last week that while some may be unhappy with the election laws, she urged people to "remain within the law so that no one is intimidated and everyone can come and vote freely," according to KSAT-TV.

Salazar pointed to several incidents in the county during this year's election cycle, such as "false alarms," including at least one "swatting-type call." He also noted other incidents of voters showing up at polling sites wearing clothing supporting a political candidate.

"I'm just using this as an opportunity to try to bring down the tone of what's going on out there," Salazar said. "Look, nothing here is worth getting hurt for, going to jail for. This election is going to happen one way or another. One side is going to win, one side is going to lose. That's just the nature of things."

"But there's no sense picking up a criminal case, picking up a criminal history, or injuring or even killing somebody in the name of politics, it just doesn't make any sense," Salazar added. "And so we're asking everybody to please tone down the violence."

Bexar County Judge Peter Sakai said in a statement that "violence has no place in our election process."

"This type of behavior will absolutely not be tolerated. We will not allow anyone to disrupt the election process," Sakai said. "We want to protect and defend the right to vote for all citizens who are eligible to vote. Let’s respect everyone who is involved in our voting process.”

In a statement, Bexar County District Attorney Joe Gonzales said that his office will "vigorously prosecute" Lutzenberger and anyone else "who engages in this type of criminal behavior."

"The right to vote is sacrosanct in our country and the bedrock of our democracy," Gonzales said. "But no one has the right to assault, threaten, harass or intimidate an election employee or voter."

Threats against election workers, officials surge during election season

Thursday's incident is the latest in a growing number of threats and harassment against election workers and officials.

Earlier this year, Arizona Secretary of State Adrian Fontes warned that threats against U.S. elections officials are a form of domestic terrorism. Fontes' comments came amid heightened fears over violence surrounding the 2024 election.

USA TODAY reported that threats against election workers and other public officials have only escalated during this year's election cycle. Several incidents across the country have resulted in charges, including an Arizona man who was charged with shootings at a Democratic Party campaign office and a California man who was charged with bombing a courthouse.

"As we approach Election Day, the Justice Department’s warning remains clear: anyone who illegally threatens an election worker, official, or volunteer will face the consequences,” Attorney General Merrick Garland said in a statement Wednesday. “For our democracy to function, Americans who serve the public must be able to do their jobs without fearing for their lives."

In response to these threats, election officials have also boosted security at polling sites by adding bulletproof glass, more security cameras, and panic buttons. USA TODAY reported in September that a local sheriff recommended an election worker in Colorado to wear body armor after he was followed home and his staff began to store Narcan in their office in case of a fentanyl attack.

"Unfortunately, it's become a normal part of our everyday lives," Josh Zygielbaum, an elected county clerk and recorder in a suburb of Denver, told USA TODAY.

Contributing: Bart Jansen, Trevor Hughes, and Elizabeth Beyer, USA TODAY; Alexis Simmerman, Austin American-Statesman

This article originally appeared on USA TODAY: Texas voting clerk punched after telling man to remove hat: Sheriff