The Supreme Court on Thursday struck down a Minnesota law that barred voters in the state from wearing a wide range of political hats, T-shirts and pins to the polls.
Andy Cilek poses with a Tea Party T-shirt Friday, Feb. 16, 2018 at his home in Eden Prairie, Minn. (AP Photo/Jim Mone)
Minnesota had defended its law as a reasonable restriction that keeps order at polling places and prevents voter intimidation. But the justices ruled 7-2 that the state's law is too broad, violating the free speech clause of the First Amendment.
Chief Justice John Roberts wrote that "if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here."
Most states have laws restricting what voters can wear when they cast ballots, but Minnesota's law was one of the broadest. It barred voters from casting a ballot while wearing clothing with the name of a candidate or political party. Also not allowed: clothing that references an issue on the ballot or promotes a group with recognizable political views. A National Rifle Association T-shirt or shirt with the text of the Second Amendment wouldn't be allowed, for example, according to the lawyer who argued the case for the state.
Roberts noted that Minnesota, like other states, had sought to balance a voter's ability to "engage in political discourse" with the ability to "exercise his civic duty in a setting removed from the clamor and din of electioneering."
"While that choice is generally worthy of our respect, Minnesota has not supported its good intentions with a law capable of reasoned application," he wrote.
It is unclear exactly how many states the ruling could affect beyond Minnesota. Both Minnesota and the group challenging the state's law had said there are about 10 states with laws like Minnesota's, though they disagreed significantly on which ones — agreeing only on Delaware, New Jersey, New York, Texas and Vermont.
The case before the Supreme Court dates back to 2010 and involves a dispute that began over tea party T-shirts and buttons with the words "Please I.D. Me," a reference to legislation then under discussion in Minnesota that would have required residents to show photo identification to vote. The legislation ultimately didn't become law.
Pointing to the state's statute, Minnesota officials said before the election that neither the tea party T-shirts nor those buttons would be permitted at the polls. In response, a group of voters and organizations sued.
The Supreme Court has previously backed some restrictions on voters' free speech rights at the polls. In 1992, the court upheld a Tennessee statute prohibiting the display or distribution of campaign materials within 100 feet of a polling place.
The case decided Thursday is 16-1435 Minnesota Voters Alliance v. Mansky.
MINNEAPOLIS (AP) — A Minnesota state senator and former broadcast meteorologist told police that she broke into her stepmother's home because her stepmother refused to give her items of sentimental value from her late father, including his ashes, according to burglary charges filed Tuesday.
Democratic state Sen. Nicole Mitchell, 49, of Woodbury, was arrested early Monday at the home in the northwestern Minnesota city of Detroit Lakes. The arresting officer wrote in the complaint that he heard Mitchell tell her stepmother "something to the effect of, ’I was just trying to get a couple of my dad's things because you wouldn't talk to me anymore.'"
The complaint charges Mitchell with one count of first-degree burglary, a felony. Becker County Judge Gretchen Thilmony allowed Mitchell to go free on the condition that she not contact her stepmother.
Although Senate Republicans called on Mitchell to resign, she's expected to return to her duties. Her trouble comes at an awkward time for Senate Democrats, who hold just a one-seat majority with just under four weeks left in the legislative session.
Mitchell's attorney, Bruce Ringstrom Sr., said in an interview that the dispute arose out of a “fractured relationship” between the senator and her stepmother that has been aggravated by age-related issues.
“It's not exactly the wicked stepmother from Cinderella,” Ringstrom said.
Ringstrom said he’s sure there will be “internal discussions” among Senate Democrats regarding her future but that she’s entitled to a presumption of innocence. He said he told her to suppress her instincts “as a media person, a weather person and politician,” and that she agreed “to hold her tongue and say nothing.”
But in a post later on Facebook, Mitchell denied stealing. She did not, however, explain why she entered the home without permission in the middle of the night.
“Like so many families, mine is dealing with the pain of watching a loved one decline due to Alzheimer’s and associated paranoia. ... This has been a true tragedy for our family and my hope is it can return to being a private matter,” Mitchell wrote.
The senator wore an orange jumpsuit and looked tense but said little during her brief court appearance. She did not enter a plea.
Mitchell’s father, Rod Mitchell, died in March 2023 at the age of 72, according to his obituary. He had been married to Mitchell’s stepmother for 40 years, it said.
“I know I did something bad,” the criminal complaint quoted Mitchell as saying.
Mitchell was dressed all in black and wearing a black hat when she was arrested, the complaint said. The officer said he discovered a flashlight near her that was covered with a black sock, apparently modified to control the amount of light coming from it.
Mitchell told the officer she was after pictures, a flannel shirt, ashes and other items, but that her stepmother had cut off all contact with her, according to the complaint.
The lawmaker acknowledged entering through a basement window that had been propped open with a black backpack, the complaint said. Officers found her Senate ID inside it. She claimed her stepmother had given her a laptop found in her backpack “way back when,” but the stepmother disputed that. The senator, who has a law degree, also indicated that she got caught soon after entering.
“Clearly I'm not good at this,” it quoted her as saying.
The stepmother said in an interview that she's afraid of her stepdaughter. She also said that although most of her husband's ashes were buried, she sent Mitchell a miniature container with some of them. Ringstrom, however, said that account is “not totally accurate.”
Democratic Senate Majority Leader Erin Murphy, of St. Paul, called the allegations “upsetting” but indicated that Mitchell will be allowed to return to her duties.
“We believe in due process, and Senator Mitchell has the right to a full defense of her case in court,” Murphy said in a statement.
Republican Senate Minority Leader Mark Johnson, of East Grand Forks, said in a statement that she should step down. The complaint describes allegations of disturbing conduct unbecoming of a legislator, including extensive preparations to burglarize a relative’s home, he said.
Mitchell was a meteorologist with the U.S. military, KSTP-TV, Minnesota Public Radio and The Weather Channel before she was elected in 2022 from a suburban St. Paul district.
Mitchell’s next court appearance is set for June 10.
This story was updated to correct that the defendant’s father died in March 2023, not last month.
Democratic State Sen. Nicole Mitchell, right, of Woodbury, speaks with Sen. Robert D. Farnsworth, a Republican from Hibbing, on the floor of the Minnesota Senate on April 2, 2024, at the State Capitol in St. Paul, Minn. (AP Photo/Steve Karnowski)
