Joey Garrison

jgarrison@tennessean.com

Restrictions over where people can place campaign signs and distribute political materials at Nashville voting locations could be unconstitutional, the Davidson County Election Commission has advised.

But Metro Nashville library officials, who oversee five early voting sites set to open Tuesday, still plan to enforce their disputed policy after hearing from Metro attorneys who have said otherwise.

In a letter last week to leaders of the Nashville Public Library and City of Belle Meade, election commission Chairman Ronald Buchanan urged both to scrap policies used in previous election cycles that regulate campaign activity on property beyond the parameters of 100-foot campaign-free zones.

This zone, which extends from voting booths under Tennessee state law, is intended to give voters a space that is free of campaign activity, harassment or intimidation. The U.S. Supreme Court upheld its constitutionality two decades ago.

But the public library system's policy goes further by limiting campaign activity beyond that 100-foot zone yet still on the library property to designated areas — intended by library officials to prevent signs from blocking views for drivers and pedestrians and protecting library facilities.

"For your own protection, we strongly urge that you refrain from enforcing any policies you have that restrict political activities outside the 100 foot boundary," Buchanan's letter reads. "Failure to do so could result in lawsuits challenging your policies and, possibly, the outcome of the upcoming election. If there is any doubt, we would urge you to err on the side of caution."

The election commission voted Oct. 9 to seek a legal opinion from the Metro Department of Law on what type of political activities, if any, can be regulated outside of the 100-foot boundary. The library adopted its policy governing the display and distribution of non-library materials in 2011. It also restricts the size of signs and authorizes library workers to remove signs and materials not in compliance.

Though a formal opinion has not been issued, Metro attorney Corey Harkey said Monday that the city has never received a legal challenge to what the department has determined is a reasonable policy.

"Under Metro legal guidance, we're continuing to enforce our policy for the safety of our patrons," library spokeswoman Andrea Fanta said.

Belle Meade City Manager Beth Reardon said Belle Meade has always followed the 100-foot zone and allowed campaign activity outside it. She did, however, say Belle Meade officials try to ensure parking isn't blocked by signs.

Buchanan's letter cites a 1992 U.S. Supreme Court decision in Burson v. Freeman, which followed a suit brought forward by a Tennessee campaign treasurer. The court upheld the constitutionality of Tennessee's 100-foot campaign-free zone but found that restrictions on political speech outside it would not be viewed the same.

Questions over the policy originated with election commissioner Tricia Herzfeld, one of two Democrats on the five-member commission and an attorney. She's now considering launching a discussion on the future of library polling locations at the next commission meeting.

"I think it's a shame that the library has a taken this position," she said. "The election commission not only has a duty to protect our right to vote, but it has also has a duty to protect the free speech rights of all Nashvillians on Election Day."

Tennessee Elections Administrator Mark Goins, noting that the situation in Nashville is not unlike polling locations in other counties, said policies enacted by Metro beyond the 100-foot boundary are not for poll officers to enforce but for Metro. He refrained from offering a legal opinion, but he pointed to the Burson case.

"Our authority is within the 100-foot boundary. It's not outside the 100-foot boundary."

Reach Joey Garrison at 615-259-8236 and on Twitter @joeygarrison.

EARLY VOTING LOCATIONS

Early voting in Davidson County expands to 10 satellite voting locations beginning Tuesday through Oct. 30. Sites are:

Belle Meade City Hall, 4705 Harding Pike

Bellevue Community Center, 656 Colice Jeanne Road

Bordeaux Library, 4000 Clarksville Pike

Casa Azafran Community Center, 2195 Nolensville Pike

Crossings Event Center, 5380 Hickory Hollow Parkway

Edmondson Pike Library, 5501 Edmondson Pike

Goodlettsville City Hall, 105 South Main St.

Green Hills Library, 3701 Benham Av.

Hermitage Library, 3700 James Kay Lane

Madison Library, 610 Gallatin Pike S.