A Fowl of the Law: Ban on Chicken Suits at Polling Places Stands

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Published on:
May/27/2010

Ban on chicken suits at polling places still stands in the state of Nevada.  Secretary of State Ross Miller refused Wednesday to lift his ban preventing people dressed in chicken suits from coming closer than 100 feet to polling places.

The chicken suits have become akin to politicking against a GOP Senate candidate, but do not infringe on free speech according to Miller.

Chickens became political scratch in Nevada after Sue Lowden, one of 12 Republicans seeking the party's U.S. Senate nomination, suggested in April that people barter with doctors for medical care, like when "our grandparents would bring a chicken to the doctor."

On Tuesday, ProgressNow Nevada, a Democratic-aligned group, sent a letter to Miller complaining of the costume prohibition.

"There is no statute prohibiting dress that includes costumes," wrote Erin Neff, the group's executive director.

"Dressing up in a chicken costume within 100 feet is illegal because every voter in Nevada now knows that carries a message directed at one particular candidate," Miller said.

State law prohibits signs, distribution of literature, or wearing campaign buttons, clothing or insignia in support of or against a political party, candidate or ballot question at or near polling cites. Violations are a gross misdemeanor, punishable by up to a year in jail and $2,000 fine.

But another provision says the law is not intended to prevent a person from voting "solely" for wearing political insigne that cannot be reasonably removed or covered. In such cases, the statute says election workers should take "such action as is necessary" to allow them to vote "as expediently as possible" before showing them to the exit.

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