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Elections and Voter Information

Voter Information

Questions About The Gadsden Flag

To: County Clerks and Election Administrators
From: Ann McGeehan, Director of Elections
Date: October 25, 2010
RE: Questions about the Gadsden Flag

This office has received many questions from voters and election officials concerning the Gadsden Flag, and whether the Gadsden Flag constitutes electioneering.

The Texas Election Code prohibits electioneering for or against any candidate, measure or political party (Sections 61.003, 61.010 and 85.036).  It is the opinion of this office that people simply wearing a t-shirt or button with the wording “Don’t Tread on Me” displaying the coiled rattlesnake and nothing else are not electioneering for (nor does such action relate to) a candidate, measure or party and such action does not relate to the conduct of the election.