|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.