Texas Police Arrest Man For Wearing Trump Attire To Voting Booth

Daniel Pickert | October 28, 2016
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Brett Mauthe, a 55-year-old Trump supporter, was arrested on Monday after showing up to a Texas voting booth wearing Trump attire.

The man from Bulverde, a town just north of San Antonio, told KSAT 12 News that police asked him to remove his Trump hat, which he did. But then they asked him to turn his “Basket of Deplorables” shirt inside out, which he refused.

Police charged him with electioneering before he was able to cast his ballot.

Bulverde Police Chief Gary Haecker explained, “We had a guy who had a shirt on that the elections coordinator or deputy elections clerk felt like was a political statement. Therefore we got called up there because this gentleman didn’t want to either change his shirt, turn it inside out, cover the insignia or whatever it was. That is a violation of the election code.”

Section 61.003 of the election code states that it is illegal for people to loiter or “electioneer for or against any candidate, measure, or political party” within 100 feet of an entrance to a polling place. According to the statute, “Electioneering includes the posting, use, or distribution of political signs or literature.”

Haecker said Mauthe was “cooperative and gentlemanly,” according to The Herald-Zeitung.

“I went up there and talked to him,” Haecker said. “I told him, ‘I support you and I appreciate what you’re doing. It’s your right but you’re going about it the wrong way here.’ The election code has very specific rules. These are the rules and you have to abide by the rules.”

Apparently, Mauthe wasn’t the only voter unaware of these rules. Georgina Pereida, another voter who cast her ballot on Wednesday commented, “I don’t feel like you should be preaching to anybody, but I do feel like you should be able to wear a shirt if you want and if it has the candidate. I’m kind of shocked, because I think that’s part of the freedoms that we’re voting for.”

Election coordinator Cynthia Jaqua told the San Antonio News-Express that while people are sometimes admonished for violating the election code, this is the first actual arrest on an electioneering charge that she can remember.

Electioneering is a class C misdemeanor offense, which is the lowest level of criminal offense in Texas. The maximum levels of punishment for these offenses can be up to a year in jail and/or up to a fine of $4,000.

Mauthe was taken to the Comal County Jail, and was released the same day after posting a $700 cash bond.

 

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