63-year-old Jesse Lutzenberger was arrested last Thursday in Bexar County and charged with injury to an elderly person after punching a 69-year-old voting clerk who asked him to remove his political apparel while voting.

Texas is one of 21 states where campaign apparel is prohibited from polling places. Our electioneering laws do not allow voters to wear political statements while voting, and allowing Lutzenberger to wear his MAGA hat while inside the polling center would have been in direct violation of the rules.

The voting clerk asked Lutzenberger to take off his hat and he initially complied. He removed the hat, voted, and then put the hat back on before he was out of the polling center. Electioneering laws say you may not wear any "badge, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, in the polling place or within 100 feet of any outside door through which a voter may enter the building in which the polling place is located." 

After Lutzenberger put his hat back on, he was informed by the clerk that it was unacceptable. They began to escort him from the building, and as the pair approached the exit doors, security camera footage caught what appeared to be Lutzenberger throwing an arm back at the voting clerk. Bexar County Sheriff Javier Salazar said the clerk pushed off of the Lutzenberger, who then turned around and punched them in the face several times.

No serious injuries were reported, but the voting clerk was said to have "some marks on his face."

Now, Jesse Lutzenberger looking at a third-degree felony.

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