Week_Five_Case_Brief (1)JMC 402.docx - Week Five Case Brief...

Week Five Case Brief
Minnesota Voters Alliance v. Mansky
Name: Mara Friedman
Date: 2/06/19
Background Facts
Minnesota Statute § 211B.II prohibits individuals including voters, from wearing “political insignia” in-
side, at, or around polling places on a primary or Election Day. The prohibited apparel includes articles
of clothing and accessories that include items that display the name of a political party, the name of a
candidate, or items that may support or oppose a ballot question. Those items would be considered
“[i]ssue oriented material designed to influence or impact voting,” and “[m]aterial promoting a group
with recognizable political views.” In this case, election officials received instructions to request that
anyone wearing apparel which violated the guidelines must remove or cover it up. If an individual re-
fuses to comply, they would still be allowed to vote, however, they could be prosecuted with a misde-
meanor.
The statute surfaced an issue when executive director for Minnesota Voters Alliance, Andrew Cilek,
was temporarily prevented from voting at his local polling place. Cilek was wearing a t-shirt with a Tea
Party logo that read