Minn. Stat. § 211B.15. Section 211B.11: Election Day Prohibitions

The statute bans various activities at or near polling places. One of its provisions has to do with electioneering outside polling places, a second has to do with distribution of political materials at polling places, and the third, the one being challenged, provides that:

“A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day.”

Voters who violate the law are subject to the criminal penalties assessed for a petty misdemeanor, Minn. Stat. § 211B.11, subd. 4, and civil penalties of up to $5,000. Minn. Stat. § 211B.35, subd. 2(d).). The statute does not define the term political.