A Texas man faces felony charges after allegedly punching a poll worker last week when he was told to remove a hat supporting former President Donald Trump.
The man, identified as Jesse Lutzenberger, was released on bond Friday, according online Bexar County jail records.
It’s illegal to wear political clothing at the polls. In North Texas a voter in Collin County was turned away on the first day of early voting this year for wearing a hat in support of Trump, who faces Vice President Kamala Harris in the presidential election.
Lutzenberger arrived at a Bexar County polling center on Thursday in a red “MAGA or TRUMP” baseball cap, according to an arrest affidavit.
After being told he had to remove his cap in the voting area, Lutzenberger did and proceeded to cast a ballot, according to Bexar County Sheriff Javier Salazar. He then put the cap back on before leaving. The clerk followed him and again told him to remove the hat while inside the building.
As the clerk escorted him out of the library, Lutzenberger allegedly threw an elbow or arm back toward the clerk and then turned to punch him in the face multiple times, according to Salazar.
The election worker, identified as a 69-year-old man, was treated at the scene and returned to his election post at a San Antonio library on Friday, officials said. Lutzenberger was arrested on felony charges of assaulting an elderly person and could face additional charges, Salazar said.
Jail records did not list an attorney for Lutzenberger, and a phone number listed for him was not accepting calls on Monday.
Salazar said there have been “several” incidents of voters wearing prohibited clothing or caps into polling places, but they then removed them when the state law was explained to them.
“Nothing here is worth getting hurt for, going to jail for,” he said.
Wearing political clothing at the polls has been a crime in Texas since 1986. After a 2021 federal case on the poll dress code, political attire for candidates and issues not on the ballot are allowed.
Voters are also prohibited from distributing political signage related to a measure on the ballot within 100 feet of the polls.
The ban on electioneering also applies to phones, computers, tablets, cameras and other devices that capture audio or images.
And although open carry is legal in Texas, guns are not allowed within 100 feet of polling places during early voting or on the day of an election.
The Associated Press and Dallas Morning News staff writer Sarah Bahari contributed to this report.