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Texas poll worker slammed after asking man to take off his hat: Sheriff
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Texas poll worker slammed after asking man to take off his hat: Sheriff

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A Texas man attacked a poll worker after he was asked to remove his red “Make America Great Again” hat at an early voting site, authorities said.

According to the Bexar County Sheriff's Office, Jesse Lutzenberger, 63, was arrested Thursday and charged with injury to an elderly person. He faces a third-degree felony, punishable by up to 10 years in prison and a fine of up to $10,000.

Online District Court records show Lutzenberger posted $30,000 bail and was released from the Bexar County Adult Detention Center.

According to the Bexar County Sheriff's Office, the incident occurred around 6:30 p.m. Thursday at the Johnston Branch Library in southwest San Antonio. Lutzenberger, wearing a red MAGA hat, entered the library and was asked to remove his hat by a 69-year-old early voting worker, Bexar County Sheriff Javier Salazar said at a news conference Friday afternoon.

“The poll worker informed him that he was not allowed to wear that hat while voting because it violated campaign laws,” Salazar added.

According to Salazar, Lutzenberger initially complied and voted, but put the hat back on as he left the polling station. The poll worker then told Lutzenberger that it was “unacceptable” for him to wear the hat in the library and began escorting him out of the building, Salazar said.

As both Lutzenberger and the poll worker approached the doors to exit the building, Lutzenberger appeared to “throw an arm back toward the victim,” Salazar said, citing security footage.

“The victim appeared to be pushing away from the suspect,” Salazar added. “At this point, the suspect turned around and delivered several punches directly to the victim’s face.”

According to Salazar, the poll worker did not suffer any serious injuries, but had “some marks on his face.”

Texas is one of 21 states that ban people from wearing campaign clothing, buttons, stickers and posters at or near polling places, according to the National Conference of State Legislatures.

Under Texas election law, it is illegal to wear clothing, hats, buttons or masks to support a political candidate while voting. Voters who do not follow this rule will be asked to turn their clothing inside out and leave accessories in their vehicles. Anyone who refuses or resists can be charged with a Class C misdemeanor, which carries a fine of up to $500.

Harris vs. Trump poll: Americans trust the count but fear violence

“Violence has no place in our electoral process”

Local officials condemned the incident and reminded voters to follow state law.

Bexar County Elections Administrator Jacque Callanen noted during a news conference last week that while some may be unhappy with election laws, she urged people to “follow the laws so no one is intimidated and everyone comes and can choose freely,” said KSAT-TV.

Salazar pointed to several incidents in the county during this year's election cycle, including “false alarms,” ​​including at least one “swatting call.” He also noted other incidents in which voters showed up at polling stations wearing clothing supporting a political candidate.

“I'm just using this as an opportunity to try to tone down the sound of what's going on out there,” Salazar said. “Look, nothing here is worth getting hurt or going to jail. This election will happen one way or another. One side will win, one side will lose. That’s just the nature of things.”

“But it doesn't make sense to take up a criminal case, to take up a criminal story or to hurt or even kill someone in the name of politics, it just doesn't make sense,” Salazar added. “That’s why we ask everyone to curb the violence.”

Bexar County Judge Peter Sakai said in a statement that “violence has no place in our electoral process.”

“This type of behavior will absolutely not be tolerated. We will not allow anyone to disrupt the electoral process,” Sakai said. “We want to protect and defend the right to vote of all citizens eligible to vote. Let’s respect everyone involved in our electoral process.”

In a statement, Bexar County District Attorney Joe Gonzales said his office will “vigorously prosecute” Lutzenberger and anyone else “who engages in this type of criminal behavior.”

“The right to vote is sacrosanct in our country and the foundation of our democracy,” said Gonzales. “But no one has the right to attack, threaten, harass or intimidate a poll worker or voter.”

Threats against poll workers and officials increase during election season

Thursday's incident is the latest in a growing number of threats and harassment against poll workers and officials.

Earlier this year, Arizona Secretary of State Adrian Fontes warned that threats against U.S. election officials were a form of domestic terrorism. Fontes' comments came amid increasing fears of violence surrounding the 2024 election.

USA TODAY reported that threats against poll workers and other officials have only increased during this year's election cycle. Several incidents across the country led to indictments, including an Arizona man charged in a shooting at a Democratic Party campaign office and a California man charged in a courthouse bombing.

“As we approach Election Day, the Department of Justice’s warning remains clear: Anyone who illegally threatens a poll worker, official or volunteer will face the consequences,” Attorney General Merrick Garland said in a statement Wednesday. “For our democracy to work, Americans. Those who serve the public must be able to do their jobs without fearing for their lives.”

In response to these threats, election officials have also increased security at polling places by installing bulletproof glass, more surveillance cameras and panic buttons. USA TODAY reported in September that a local sheriff in Colorado recommended that a poll worker in Colorado wear body armor after he was followed home and his staff began keeping Narcan in their office in case of a fentanyl attack.

“Unfortunately, it has become a normal part of our everyday lives,” Josh Zygielbaum, an elected county clerk and recorder in suburban Denver, told USA TODAY.

Contributors: Bart Jansen, Trevor Hughes and Elizabeth Beyer, USA TODAY; Alexis Simmerman, Austin American-Statesman

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