10/25/2024
Electioneering Litigation
On September 30, 2021, the U.S. District Court for the Southern District of Texas issued a final judgment in Ostrewich v. Hudspeth, et al., a lawsuit challenging the electioneering provisions in Sections 61.003, 61.010, and 85.036 of the Texas Election Code to the extent that such provisions related to voters’ apparel during voting. The lawsuit was based on the United States Supreme Court case of Minnesota Voters Alliance v. Mansky, 138 S. Ct. 1876 (2018).
Based on the district court’s ruling, a person may not wear apparel or a similar communicative device relating to a candidate, measure, or political party appearing on the ballot in the current election under Section 61.010, but a person may wear such apparel relating to a candidate, measure, or political party that does not appear on the ballot in the current election.
