Texas man accused of punching an election worker who told him to take off his MAGA hat

A Texas man is facing felony charges after punching a senior election official who told him to take off his “Make America Great Again” hat at an early voting site.

The incident occurred Thursday after a man, identified in the report as Jesse Lutzenberger, entered the Johnston Branch Library with whom Bexar County Sheriff Javier Salazar believed to be his wife. That’s when a poll worker first asked Lutzenberger to remove his hat, which the report said was a “red ‘MAGA’ or Donald Trump baseball cap.”

Salazar said during a press conference shared at the press conference Facebook on Friday that Lutzenberger initially complied with the proposal and voted. But then, while still in the building, he put his hat back on.

The sheriff said the poll worker, who was not named in the report, then reminded Lutzenberger that under electioneering laws it was illegal to wear anything related to a political candidate on the ballot inside the polling place, and then began escorting the suspect away.

Salazar said that as the two were walking to the exit, surveillance video showed Lutzenberger “throw his hand away” at the 69-year-old poll worker, but it was unclear whether that made the connection. The sheriff said the victim appeared to “push” the suspect, but then the suspect turned around and threw “several” punches to the election worker’s face.

Authorities were called to the library after the incident and reviewed the victim’s report, which allowed them to track Lutzenberger to the residence. Salazar said the suspect came out of the residence and said, “I’m the person you’re looking for.”

Lutzenberger, whom Salazar described as a “larger man” in his 60s, was taken to the center for questioning and charged with a third-degree felony for corporal injury to an elderly person. Salazar said the victim had “marks” on his face, but they were not life-threatening.

A Scripps News/Ipsos poll last week found that 62% of respondents believe election-related violence is “somewhat” or “very likely.” More than half even said they would support using the U.S. military to prevent potential threats around Election Day.

Speaking to reporters, Salazar said he “can’t think of something like this happening” while he was on the job and that he “certainly” doesn’t want to see a similar violent incident happen again. He said he hoped this moment would remind Americans that violence, especially during election season, is inappropriate.

“Everyone is going to get through this, but I’m using this as an opportunity to tone down what’s going on there,” Salazar said. “Listen, there’s nothing here worth getting hurt and going to jail for. These elections will take place one way or another. In any particular race, one side will win, the other will lose… But there is no point in raising a criminal case, collecting information about a criminal past, or injuring or even killing someone in the name of politics.”

Every state has laws prohibiting political activity near polling places, but Texas is one of 21 states that prohibits wearing campaign attire, according to Texas data. National Conference of State Legislatures.

More specifically, the Texas Secretary of State’s website states that “a person may not wear clothing or similar communication associated with a candidate, measure, or political party appearing on the ballot in the current election.” The website also states that a voting official may have “the authority of a district judge,” in that capacity, “to exercise his or her discretion to ensure the safety and efficiency of the early voting polling place and the polling place on Election Day, and surrounding it 100-foot area.”