The Atlanta-based Southeastern Legal Foundation announced a constitutional rights victory with the final settlement of a federal lawsuit involving a Douglas County man barred from voting in October 2014 because he refused to remove his hat which sported an “NRA Instructor” logo on it. A surprised Bundy Cobb was stopped by an elections official and told that the National Rifle Association (NRA) is perceived to be “associated with the Republicans.” (Bundy Cobb v. Douglas County, Georgia, et al., Case No. 14-3898-CAP).
This week, however, the Douglas County Board of Elections and Registration and the individual defendants, including voter registration clerk Constance Bowen and elections supervisor Laurie Fulton, waved the white surrender flag as a result of the suit alleging violations of Cobb’s constitutional rights. The board adopted a formal policy forbidding poll workers and elections officials from stopping persons from voting who are wearing clothing or displaying other materials that are not directly related to candidates or issues on the ballot.
The board also issued a public apology letter to Cobb, acknowledging that
“You should not have been asked to remove your NRA Instructor hat, and I am sorry that you were asked to do so.” The apology letter cites the new policy adopted by the Board “to ensure that it protects the rights of all persons in or around polling places in Douglas County.”
During the litigation, state Attorney General Sam Olens also issued an opinion that addressed the prohibited distribution and display of “campaign materials.” Olens wrote that state law “only applies to written or printed material that concerns a campaign for a candidate or referendum.”
