# Question regarding electioneering law

**URL:** <https://boards.straightdope.com/t/question-regarding-electioneering-law/771105>\
**Category:** Factual Questions\
**Created:** [November 8, 2016, 8:46pm UTC](https://boards.straightdope.com/t/question-regarding-electioneering-law/771105 "2016-11-08T20:46:45Z")\
**Posts on this page:** 5\
**Page:** 1

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [November 8, 2016, 8:46pm UTC](https://boards.straightdope.com/t/question-regarding-electioneering-law/771105/1 "2016-11-08T20:46:45Z")

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Hi

I just wanted to fact-check whether or not the following article is exaggerating or is correct in its interpretation of electioneering law.  
I look forward to your feedback

[http://www.thepoliticalinsider.com/yes-hillary-election-law-violated-nc-polling-place/](http://www.thepoliticalinsider.com/yes-hillary-election-law-violated-nc-polling-place/)  
Sharp-eyed observers have noted that Hillary Clinton violated electioneering laws when she showed up at an early voting site in Raleigh, North Carolina this weekend.

Clinton’s entourage rolled up to the Chavis Community Center and the candidate took selfies with adoring fans while early voting was taking place.

Read more: [Just Before Election, Hillary Caught Breaking Election Law](http://www.thepoliticalinsider.com/yes-hillary-election-law-violated-nc-polling-place/#ixzz4PS6AGNS9)

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**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [November 8, 2016, 9:07pm UTC](https://boards.straightdope.com/t/question-regarding-electioneering-law/771105/2 "2016-11-08T21:07:47Z")

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[Here](http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_163/GS_163-166.4.pdf) (PDF) is the relevant North Carolina statute regarding electioneering activities at polling sites.

> [@North Carolina General Statutes § 163-166.4](#):
>
> **Limitation on activity in the voting place and in a buffer zone around it.**  
> (a) Buffer Zone. – No person or group of persons shall hinder access, harass others,  
> distribute campaign literature, place political advertising, solicit votes, or otherwise engage in  
> election-related activity in the voting place or in a buffer zone which shall be prescribed by the  
> county board of elections around the voting place. In determining the dimensions of that buffer  
> zone for each voting place, the county board of elections shall, where practical, set the limit at  
> 50 feet from the door of entrance to the voting place, measured when that door is closed, but in  
> no event shall it set the limit at more than 50 feet or at less than 25 feet.  
> (a1) Area for Election-Related Activity. – Except as provided in subsection (b) of this  
> section, the county board of elections shall also provide an area adjacent to the buffer zone for  
> each voting place in which persons or groups of persons may distribute campaign literature,  
> place political advertising, solicit votes, or otherwise engage in election-related activity.

So whether or not Clinton violated the law depends on whether she was inside or outside the prescribed buffer zone of that polling site, and potentially whether or not there was an established electioneering area at that site, and whether she was truly engaged in electioneering activities while there.

The article states

> [@](#):
>
> The entrance to the building is NOT the entrance to the polling place. The Chavis Community Center offers ‘curbside voting’ for those voters too physically impaired to enter the building. The curbside voting takes place where the Clinton entourage pulled up – within 50 feet.

But it does not provide a source for the statement that the “entrance” to this polling site is the curbside voting station as opposed to the front door of the building, which is designated the default in the statute.

So if she was within the buffer zone, did she “hinder access, harass others,  
distribute campaign literature, place political advertising” - no.

Did she “solicit votes, or otherwise engage in election-related activity” - I’m gonna say, _maybe_? But if someone makes an issue out of it, probably not.

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**Author:** ![davidmich](https://avatars.discourse-cdn.com/v4/letter/d/e56c9b/32.png) [@davidmich](https://boards.straightdope.com/u/davidmich)\
**Post date:** [November 10, 2016, 12:07am UTC](https://boards.straightdope.com/t/question-regarding-electioneering-law/771105/3 "2016-11-10T00:07:52Z")

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> [@friedo](#):
>
> [Here](http://www.ncleg.net/EnactedLegislation/Statutes/PDF/BySection/Chapter_163/GS_163-166.4.pdf) (PDF) is the relevant North Carolina statute regarding electioneering activities at polling sites.
> 
> So whether or not Clinton violated the law depends on whether she was inside or outside the prescribed buffer zone of that polling site, and potentially whether or not there was an established electioneering area at that site, and whether she was truly engaged in electioneering activities while there.
> 
> The article states
> 
> But it does not provide a source for the statement that the “entrance” to this polling site is the curbside voting station as opposed to the front door of the building, which is designated the default in the statute.
> 
> So if she was within the buffer zone, did she “hinder access, harass others,  
> distribute campaign literature, place political advertising” - no.
> 
> Did she “solicit votes, or otherwise engage in election-related activity” - I’m gonna say, _maybe_? But if someone makes an issue out of it, probably not.

Thanks friedo. Very helpful.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [November 10, 2016, 1:20am UTC](https://boards.straightdope.com/t/question-regarding-electioneering-law/771105/4 "2016-11-10T01:20:15Z")

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The main question would be - did she electioneer? Just being a candidate, saying hello and shaking hands, letting people take selfies, probably isn’t electioneering - especially since technically she’s a celebrity. If she said “I’m running for president” or “vote for me”, or handed out pamphlets, maybe she would have crossed the line. I guess the real question is also how much did she “loiter” there?

In Canada, you have to remove all signs, buttons, etc. so there cannot even be campaign material visible within the limit distance; they are much stricter. Plus, depends on the state law wherever she ends up, since each state could be different. But basically, they don’t want hordes of people making voters run the gauntlet and harassed with literature and speeches to get into the polling station.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [November 10, 2016, 1:33am UTC](https://boards.straightdope.com/t/question-regarding-electioneering-law/771105/5 "2016-11-10T01:33:53Z")

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> [@md2000](#):
>
> In Canada, you have to remove all signs, buttons, etc. so there cannot even be campaign material visible within the limit distance; they are much stricter. Plus, depends on the state law wherever she ends up, since each state could be different. But basically, they don’t want hordes of people making voters run the gauntlet and harassed with literature and speeches to get into the polling station.

All states have some sort of electioneering law, some are stricter than others. In my state wearing a Trump hat or Clinton shirt would get you turned away at the polls with the potential of getting arrested if you persist.
