U.S. District Court Invalidates Kentucky’s 300-Foot “No Politics Zone” Around Polling Places on Election Day

On October 14, U.S. District Court Judge William O. Bertelsman, a Carter appointee, struck down Kentucky’s law that forbids any election signs or electioneering within 300 feet of the entrance to a polling place. Russell v Grimes, eastern district, 14cv-112. Here is the eleven page decision.

The U.S. Supreme Court ruled in 1992 that such zones are constitutional if they are 100 feet or less from the entrance to a polling place. Kentucky formerly had a 500 foot zone, but that was declared unconstitutional in 2004, so the legislature had amended it to 300 feet. But the opinion says that is still too restrictive. The Opinion says, “It can cover areas, including private yards, not even visible from the polling place. It prohibits activities in private homes.” Thanks to Justin Levitt for the link.


Comments

U.S. District Court Invalidates Kentucky’s 300-Foot “No Politics Zone” Around Polling Places on Election Day — 3 Comments

  1. 1. Who can find any 100 feet mention in the nearly DEAD USA Const ???

    — only some SCOTUS hacks who see invisable writing in such Const ???

  2. Demo Rep:

    “Who can find any 100 feet mention in the nearly DEAD USA Const ???”

    You’re right. It’s not mentioned. However, I agree there has to be a certain reasonable “zone” from a polling place, else we would have dozens of candidate supporters grapping voters by the arm as they enter their polling building or room begging one last time you support their candidate. Such would result in chaos.

    I’ve pretty well made up my mind as to who or how I will vote before I even reach my polling place. To me the “zone” is moot, but still understand why we need a reasonable zone.

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