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Voter faces felony charge after assaulting poll worker

A man was jailed after he assaulted a poll worker who asked him to remove a hat showing support for former president Donald Trump. Wearing clothing in support of political candidates within polling locations is illegal in Texas.

A line of people stand outside of a front entrance to a large stone building.
People wait to vote at the Bexar County Elections Department on Tuesday morning Nov. 3, 2020. (Robin Jerstad for The Texas Tribune)

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An election clerk in San Antonio was allegedly assaulted late Thursday and the suspect, a voter, was arrested, officials said.

The suspect was arrested on suspicion of injury to an elderly person, a felony.

The incident is believed to be the first instance of reported violence against an election worker this fall. Early voting began Monday in Texas.

According to a sheriff’s report, the suspect, 63-year-old Jesse Lutzenberger, walked into the polling location on San Antonio’s west side, wearing a Make America Great Again hat in support of former President Donald Trump, which is considered electioneering and against the law in Texas. The poll worker, 69, asked Lutzenberger to remove the hat, which he did, officials said. Lutzenberger went on to cast his ballot.

While still inside the polling location, Lutzenberger put the hat back on as he walked toward the door. The poll worker approached him to tell him that was unacceptable and then began to escort him out as they were approaching the doors of the location.

Bexar County Sheriff Javier Salazar said a surveillance video showed Lutzenberger “throw an arm back toward the victim,” he said. “The victim seemed to push off of the suspect. At that point, the suspect then turned and threw several punches right at the face of the victim.”

Salazar urged residents to keep calm while voting.

“Nothing is worth going to jail for,” Salazar said.

Emergency medical personnel responded to the incident and treated the election worker. His injuries were not life-threatening, Salazar said. Bexar County Sheriff’s deputies said they were able to find Lutzenberger at a residence, where he identified himself as “I am the person you’re looking for.”

Lutzenberger was booked into the Bexar County jail and was released on a $30,000 bond Friday. He is facing a third-degree felony charge.

This week deputies have had to respond to calls of people wearing clothing in support of political candidates at the polling place, said Salazar, though none of the others have resulted in violence or arrest. Voters are not allowed to wear any type of clothing that shows support for a political candidate or measure within 100 feet of a polling location.

Bexar County elections administrator Jacquelyn Callanen said in a statement that she wants Bexar County voters to “remain calm and realize that more than 200,000 early voters have cast their ballot this past week, and the majority of experiences have been positive” Callanen said.

Election officials have been ready to respond to violence at the polls for some time. Those efforts have become a priority in the midst of a contentious presidential election year.

This summer, during its annual state-wide training for election officials, the Texas Secretary of State’s office emphasized safety and emergency preparedness.

The agency’s elections division featured table top exercises and workshops on de-escalation, incident response and emergency preparedness.

Counties across the state, including Bexar, Dallas and Harris have an emergency and incident plan in place and have made it part of their poll worker training.

A May survey of election administrators by the Brennan Center found that 40% of respondents had taken steps to increase the physical security of election offices and polling locations since 2020, and 38% reported experiencing harassment or abuse. Across the country, election offices are doing things like investing in “panic buttons” and training poll workers in de-escalation techniques as a result.

Natalia Contreras covers election administration and voting access for Votebeat in partnership with the Texas Tribune. Contact Natalia at ncontreras@votebeat.org

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