BUFFALO, N.Y. — This is not a fashion story, but elections are certainly in this fall.
With early voting numbers hitting record levels, thus far, there have been some concerns from 2 On Your Side viewers regarding what they can, or can't, wear into the polling place.
Some viewers say they have been told to take their hats with political messages off their head, or zip up their coats that featured a specific candidate.
Like most laws, there are some gray areas of NYS election law that make this topic somewhat open to interpretation.
According to the current election laws:
"While the polls are open no person shall do any electioneering within the polling place, or in any public street, within a one hundred foot radial measured from the entrances designated by the inspectors of election, to such polling place or within such distance in any place in a public manner; and no political banner, button, poster or placard shall be allowed in or upon the polling place or within such one hundred foot radial."
While the state law does not specifically provide guidance regarding what shirts, hats or custom cardigans you can wear, a spokesperson for the NYS Board of Elections says shirts, buttons, hat's, or other apparel with a candidates name on them are not allowed inside a polling station.
"Because electioneering is prohibited within 100 feet of the poll site (E.L. 17-130(4) notes that this is a misdemeanor), individuals should not be wearing apparel specifically advocating for or against a candidate or ballot prop on the ballot," said a NYS BOE spokesperson.
But what about less ambiguous political shirts, hats, or apparel?
For example, if 2 On Your Side's Nate Benson was running for Kenmore Dog Catcher (which he isn't, for now), you can't wear a "Benson 2024" shirt inside the 100ft radius of of the polling place.
However if 2 On Your Side's Nate Benson was running for Kenmore Dog Catcher (which he isn't, for now), and he created a slogan that said "make dogs sit again" you could wear that.
"Persons wearing apparel or buttons that include political viewpoints – i.e., support of the 2nd Amendment, marriage equality, environmental issues, etc. – do not violate New York’s electioneering prohibition unless the issue itself is unambiguously on the ballot in the form of a ballot proposal," said the NYS BOE spokesperson.
Local board of election officials are urging people to use common sense, and emphasize that there have been no significant issues locally.
"The process is where we say to that individual, if we say anything at all, is, you come in, you vote and you leave. You don't interact, you don't dally," said Brian Abram, Republican election commissioner for Chautauqua County. "You basically are there for one purpose to vote. So if you're wearing an attire that has a promotion of one candidate versus another candidate, we don't make you take the shirt off, change the shirt, turn it inside out. We basically monitor you to make sure that you aren't basically within the 100-foot marker politicking, which would mean to do something to go above and beyond the wearing of the attire."
Erie County Democratic election commissioner Jeremy Zellner said that with record turnout in three days, this hasn't been an issue.
"Once you get to that 100 foot marker, it becomes electioneering for someone to do that," Zellner said. "So we're asking folks to just use common sense, and they have been. It has gone very, very well this weekend. So don't wear your political T-shirts or your hats or anything like that, or be prepared to put your jacket on over it."
Early voting continues until Sunday November 3, and election day is Tuesday November 5.