Election law may bar Sioux gear at Cass polls
May 12, 2012 at 2:15 am in Grand Forks Herald
Grand Forks officials say ban applies if specific to voteCass County’s chief election official said Friday that people showing up to vote on June 12 wearing Fighting Sioux-related apparel could be asked to take it off or cover it up before being allowed to cast their vote. Continue Reading

Let’s just fine everyone who wears green and white $500.
The electioneering laws are unconstitutional infringements on free speech anyway so the way they get “enforced” is that they talk tough before the election and then ignore whatever happens because if it ever goes to court it won’t stand up anyway.
Note the law says you have to take down signs on election day too. Ever see any signs up during the election? Sure. Ever hear of anyone prosecuted for it? Nope.
Well-loved. Like or Dislike:
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When a law is so vague, arbitrary, and capricious that enforcement is up to local officials, that law should be declared invalid and likely would not stand up to a challenge in a court of law.
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So pretty much all the “planning and zoning” regulations are illegal? They’re enforced locally.
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Enforcement of planning and zoning regulations is consistent, uniform, and predictable. Determining what types of clothing are permitted and what types are forbidden is entering very murky waters.
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The implication seems to be that a logo sweatshirt is a form of campaigning. I presume a presume one with the logo surrounded by a red circle and a diagonal line through it would also be verboten.
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Sure, why not, and don’t wear anything from the Bison either, someone might think you are advocating screwing UND by voting yes, and certainly nothing with an NCAA logo either, and on, and on….
Part of the problem is how poorly the election officials are trained. For instance a lot of officials think you need to show a picture ID to vote. That is not the law, if you want to sign an affidavite, they aren’t supposed to stop you from voting. I even know one guy who’s mother wouldn’t let him vote without his ID until he drove home and got his license.
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If the are going to ban them in Fargo, they need to do the same on Forks. Or vise-versa. This is a state vote, therefore, it should apply across the state. It’s sad though, putting a ban on Sioux items. When someone could walk in with profanity all over their shirt, vote, and walk out the door. Granted, the profanity is not on the ballot, but that’s not the point.
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This could be a major can of worms. If every precinct across the state doesn’t ban the logos, I can see litigation.
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Why doesn’t anyone comment with a “thanks for the heads-up”? How embarrassing to show up at the polls in a Fighting Sioux sweatshirt and be asked to leave! I say, Thank You Grand Forks Herald! I’m pretty sure a few here will need to borrow a shirt from a neighbor, but it’s the law. Seriously, people. This would simply be helpful information to 99.9 percent of the population in the other 49 states.
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The Herald/Forum Communications would be doing North Dakotans a service by asking the ND Attorney General to clarify as specifically as possible what forms of “Fighting Sioux” (and related) apparel, buttons, etc. will and will not be permissible at the polls according to state law. This clarification would then be sent to every State’s Attorney and County Auditor in the state.
I’m afraid that without such a clarification there are going to be even more lawsuits generated in the state related to the Fighting Sioux nickname/logo issue. Just what we all want to see, right?
And imagine how many such lawsuits would be generated if the vote were close and a recount was required!! Determining whether or not Measure 4 passed could take months as the courts try to decide whether a vote or votes should be thrown out or included because a shirt someone wore may have violated state electioneering laws.
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“Montplaisir and some other county auditors throughout the state are advising people not to show up at the polls wearing any clothing bearing the Sioux nickname or logo.” Good advice. Spread the word. No problem. Case closed.
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I suppose, then, that sweatshirts that say “PROPERTY TAXES STOLE MY HOUSE” would not be allowed either.
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You are correct, sir.
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OK…let’s take this a step further.
If I show up wearing UND Sioux garb at the polling place, does that mean I am “for” keeping the logo…or…for getting rid of the logo.
Is it not a matter of perception?
If I believe the logo is hostile and abusive …. I wear it to show everyone how evil the logo is.
If I believe the logo is beautiful…I wear it to show everyone how good it is.
That’s the problem with the NCAA trying to regulate how everyone should “feel.”
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