Secretary of state: Still no poultry at the polls

By David McGrath Schwartz

Wednesday, May 26, 2010 | 4:52 p.m.

Secretary of State Ross Miller today stood by his ban on people in chicken costumes coming within 100 feet of voting locations, saying that the outfit would constitute a political message and violate the prohibition on electioneering near polls.

Whether it says something about political discourse or the quality of candidates, the secretary of state's office has formally prohibited chicken costumes from polling places after GOP U.S. Senate candidate Sue Lowden suggested health care costs could be addressed by "bartering."

Lowden, long the frontrunner to face off against Democrat Senate Majority Leader Harry Reid, told a rural gathering in April that people could pay cash for health care and barter with their doctor to deal with rising costs. A few days later, Lowden defended the remarks on television by saying “in the olden days, our grandparents, they would bring a chicken to the doctor. They would say, 'I'll paint your house.'”

Democrats and liberal groups pounced, and the remarks went viral. Lowden's campaign didn't walk back the comments for weeks. The Nevada Democratic Party purchased a chicken costume, which has been worn by volunteers and staff at Lowden campaign events throughout the state, according to a party spokeswoman.

Lowden has called the issue an attempt to distract voters from Reid's unpopularity.

The potential of people in chicken costumes at polling places came to the attention of the secretary of state after the Reno Gazette Journal and Washoe County election officials inquired, according to Miller.

Deputy Secretary of State Matthew Griffin wrote a brief memo last week to the state's county clerks and registrars.

"It is the opinion of the Secretary of State and our formal interpretation that wearing a chicken costume, or similar attire, at a poll location satisfies the definition of 'electioneering.'" It said clerks and registrars of voters could remove people at their discretion.

"Obviously every Nevada voter knows a reference to chickens is construed against one particular candidate," Miller said. Opponents of his decision say wearing a chicken costume is not electioneering, to which Miller said, "I find it unlikely they’re there to cast a ballot for Colonel Sanders."

Voters are banned from wearing campaign shirts or advocating for a candidate within 100 feet of a poll. The Supreme Court has upheld such restrictions under the premise that people have a right to cast a vote privately without interference or outside influence on that vote.

A liberal group, ProgressNow Nevada, asked Miller to reconsider the memo he sent to county clerks and registrars of voters last week banning chicken outfits. Erin Neff, the group's executive director, asked if people could vote dressed as Uncle Sam or a gorilla. (Miller said they could.) Still, Neff and two people in chicken costumes staged a "protest" today outside a Las Vegas polling place.

Larry Lomax, Clark County registrar of voters, said they stayed 100 feet away. One of the volunteers voted in his chicken costume, Neff said, though he had removed his chicken head.