Lawrence County will continue to observe state election laws that prohibit campaigning within polling places.

The county board of elections yesterday morning opted to follow state law rather than a recommendation by the Pennsylvania Department of State to allow “passive electioneering.”

County solicitor Thomas Leslie said the county was asked to reply to a letter from the American Civil Liberties Union.

In a letter to the three-member elections board, Leslie said the department of state’s position, supporting the ACLU, is a clear violation of the Pennsylvania Election Code.

“This means the department of state is encouraging counties to ignore the law,” he said.

The ACLU, Leslie explained, recently took the position that “passive electioneering” which is displaying campaign pins, buttons, T-shirts and paraphernalia inside a polling place on election day should be permitted, and failing to do so is a restriction of free speech.

Leslie does not share the opinion.

He noted state law restricts anyone from soliciting votes for any political party, political body or candidate or posting any written or printed material within the room where votes are cast.

“The language (on state law) is very clear and not subject to interpretation,” Leslie said. “It says you cannot electioneer or solicit votes within a polling place. There is no distinction made for passive electioneering.”

Leslie added that in 1992, the U.S. Supreme Court ruled that a 100-foot distance was not excessive for the restriction of electioneering at a polling place.

“Restricting free speech at a polling place is to make sure voters may freely exercise a right to vote for the candidate of their choice.” he said. “The state has the right to protect voters from any confusion and undue influence within the poling place.”

The current restrictions, he noted, resulted from a history of voter intimidation and election fraud.

“The Supreme Court said this might restrict free speech,” Leslie said, “but when weighing the right to vote and free speech, the vote wins out. Political speech may be limited to preserve the integrity of the voting process.”

The department of state, Leslie said, supported the ACLU position, but said each county may make its own decision. Any county wishing to follow the law should pass a resolution to that affect.

“I move to follow the law,” election board member Frank Piccari said. All agreed.