SAN ANTONIO – A man who was arrested Thursday after he was accused of assaulting a 69-year-old elections worker at a Southwest Side polling location bonded out of jail late Friday night.
Jesse Lutzenberger, 63, entered a polling location at the Johnston Branch Library around 6:30 p.m. Thursday and was wearing a red Make America Great Again baseball cap, according to a Bexar County Sheriff’s Office report. The phrase has been used as a Trump campaign slogan for years.
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Texas law prohibits voters from wearing clothing or accessories that support or oppose a specific candidate, party or measure within 100 feet of a polling location. The offense of electioneering is a Class C misdemeanor with up to a $500 fine.
During a Friday afternoon news conference, Bexar County Sheriff Javier Salazar said the elections clerk told Lutzenberger to remove his hat as he entered the building.
Initially, Lutzenberger complied and removed the hat and proceeded to vote, Salazar said. However, after Lutzenberger voted he put his hat back on as he was leaving the building, the sheriff said.
The elections clerk attempted to escort Lutzenberger out and asked him again to remove the hat, the report stated. That’s when Lutzenberger punched the 69-year-old man several times in the face and chest, deputies said.
Lutzenberger was charged with injury to the elderly, a third-degree felony, according to court records. Jail records indicated that the suspect posted his $30,000 bond and was released from the Bexar County Adult Detention Center at 11:48 p.m. Friday.
The poll worker sustained a scratch on his left cheek, the sheriff’s office report stated.
The elections worker received treatment by Emergency Medical Services at the location before the clerk was released, said Bexar County Elections Administrator Jacque Callanen during a news conference on Thursday.
Lutzenberger left the polling location but deputies went to his home later Thursday.
When they arrived, Lutzenberger came outside and told deputies he was the one they were looking for, Salazar said Friday.
Callanen on Thursday reminded voters that they cannot wear campaign paraphernalia to the voting booth, such as a shirt, hat, button, or swag.
Callanen said some of the election judges will take jackets to polling sites for voters to wear in case people are wearing a shirt that features a particular candidate. Callanen said that some voters will be asked to go to the bathroom and turn the shirt inside out or even tape a sample ballot to the front of their shirt.
“You may see some voters that aren’t happy ... but we need to remain within the law so that no one is intimidated and everyone can come and vote freely,” Callanen said.
She also said that voters cannot discuss political preferences while waiting in line to vote.
Bexar County Judge Sakai released a statement regarding the incident:
“Violence has no place in our elections process. This type of behavior will absolutely not be tolerated. We will not allow anyone to disrupt the election process. Election Administrator Jacque Callanen, her staff, and the election officials are doing an excellent job accommodating what so far has been a record turnout for early voting. They are to be applauded for their efforts. The overwhelming number of people casting their ballots are behaving responsibly and respectfully. We want to protect and defend the right to vote for all citizens who are eligible to vote. Let’s respect everyone who is involved in our voting process.”
In a statement released on Saturday afternoon, Bexar County District Attorney Joe Gonzales vowed to “vigorously prosecute” Lutzenberger.
“During the first week of early voting in Bexar County, an election clerk was assaulted for simply doing his job. Bexar County Elections Administrator Jacque Callanen and her staff have done an excellent job of ensuring that voters are safe and secure and that the unfortunate incident that occurred last week was handled quickly and appropriately. The perpetrator, Mr. Lutzenberger, has been arrested and charged with the offense of Injury to the Elderly, a 3rd-degree felony. I intend to instruct our staff to vigorously prosecute this individual and hold him and anyone else accountable who engages in this type of criminal behavior. The right to vote is sacrosanct in our country and the bedrock of our democracy. But no one has the right to assault, threaten, harass or intimidate an election employee or voter. Please rest assured that if anyone in our community engages in this conduct at a polling site the Bexar County District Attorney’s Office, under my leadership, will hold those individuals accountable. Please exercise your right to vote in this year’s election.
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