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Robbinsdale Lawyer Argues Voting Apparel Case Before Supreme Court

12:27 PM | Tuesday, March 6, 2018

A Robbinsdale resident is the main lawyer representing Minnesota in a case that has now gone to the United States Supreme Court.

Dan Rogan is trying to convince the court that they should uphold Minnesota’s voting apparel law which addresses what you can and can’t wear to a polling place.

It’s a case of freedom of speech versus the right to vote.

Rogan was in Washington, D.C. last week defending a law that has been on the books in Minnesota since 1912. For over 100 years, voters have not been allowed to wear partisan buttons, caps, or clothing in polling places on Election Day.

This kind of law is common across the nation.

“All 50 states ban certain speech in the polling place,” Rogan said. “Minnesota is one of 11 states that ban not just election material that says, ‘Vote for Trump, or Vote for Hillary.’ It would ban a ‘Make America Great Again’ hat or ‘I’m with Her.’ “

The voter apparel case dates back to 2010, when an Eden Prairie man challenged the law.

With mid-term elections coming up in November, including key races for governor and senator, Rogan believes it is paramount to uphold the ban.

He is confident the Supreme Court will rule in their favor.

Simply put, the state wants complete neutrality, no intimidation, or influence inside or outside of polling locations.

“That’s exactly right,” Rogan said. “The interest that the state has is really trying to create a calm place where we can make sure that people who are there to vote, have the ability to focus on voting. That election judges have the ability to make sure that they’re having a place that allows for that decorum to make sure people have that space to vote.”

Rogan says that if the Supreme Court strikes down the Minnesota voter apparel law, it would “fundamentally change” the ability for the state to prohibit what voters wear to a polling place.

A decision is expected in May or June.

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