KOOTENAI COUNTY, Idaho — A North Idaho man said he was asked to remove a hat showing support for President Donald Trump while voting in Coeur d'Alene on Wednesday, despite an opinion issued the day prior from the Idaho Attorney General's Office that said wearing political clothing at polling places was legal.
The debate over political apparel comes after elections officials in Kootenai County had previously posted signs outside the county's early voting center prohibiting clothing related to any candidate at the polls.
The office had cited Idaho's electioneering law, which prohibits “any practice which interferes with the freedom of voters to exercise their franchise or disrupt(ion of) the administration of the polling place.” The law is punishable by fines of up to $1,000 and possible arrest.
But in an opinion issued Tuesday, the Idaho Attorney General's Office stated that the electioneering law most likely prohibits "active" campaign measures rather than "passive" ones. The attorney general office’s opinion said passive electioneering includes wearing a T-shirt or button that supports candidates or policies.
The office was asked to issue an opinion on the law at the request of the prosecuting attorney of Adams County in rural West-Central Idaho.
“If a voter appears at the poll wearing a shirt or button with election-related slogans, graphics, or the like simply goes about their business to vote without interfering with anyone else, making a statement, or any other active conduct related to their message, this office recommends that they be allowed to vote without any discussion of the issue,” the opinion says.
However, Post Falls resident Gary VanderMeer said on Wednesday a poll worker asked him to remove his hat supporting President Trump when he and his wife came to participate in early voting at the elections office.
"We were just standing in line," VanderMeer told KREM on Thursday. "We were not passing out any cards or promoting anything. Just standing there, waiting to vote."
The retired Marine said the worker asked that VanderMeer place his Trump hat inside VanderMeer's jacket and that his wife, who was wearing a t-shirt in support of the President, cover up her political clothing as well.
"It didn't feel good," he said, emphasizing that he and his wife were on public property during the matter. "It's my right to wear what I want to wear. I'm an adult. I'm not getting in anybody's face, passing out fliers, yelling this or that."
A photo provided by VanderMeer showed a handwritten sign placed outside the entrance to Kootenai County's early voting center that referenced electioneering and stated, "No clothing, accessories, or literature relating to a candidate or a question within 100 feet."
As of Thursday evening, the sign had been removed and was replaced with a different printed, laminated sign that addressed polling place laws. The sign referenced electioneering but didn't mention political apparel.
Messages left seeking comment with Kootenai County Clerk Jim Brannon were not immediately returned on Thursday.
"I just want to be left alone and go about my business," said VanderMeer of the matter.
He added that he wasn't seeking an apology from the county, but rather wanted his fellow voters to be aware of their rights.
"It's an infringement on my rights as a citizen. I'm not a school kid. I'm on county property, I should be able to wear whatever I want to wear," he said.