Free Speech and Election Law Conflict
June 12, 2025
FAFO Media
WILLIAMSPORT, PA – Today, during the county commissioners board meeting at the Third Street Plaza, a citizen took the podium to offer testimony during the public comment session. Bruce Clark, a resident of Muncy, PA, addressed concerns about the actions of a preacher at the First United Methodist Church in Muncy, PA.
The church, through an agreement with Lycoming County Voter Services, served as the voting location for residents in Mr. Clark’s area. He stated that he had placed two campaign signs approximately 50 yards from the polling site.
Electioneering—advocating for or against specific candidates or issues during an election—is generally prohibited within a certain distance of a polling place to preserve the neutrality of the voting environment. According to Pennsylvania’s Election Code, 25 P.S. § 3060(d) ‘Regulations in force at polling places,’:
“All persons, except election officers, clerks, machine inspectors, overseers, watchers, persons in the course of voting, persons lawfully giving assistance to voters, and peace and police officers, when permitted by the provisions of this act, must remain at least ten (10) feet distant from the polling place during the progress of the voting.”
The First Amendment of the U.S. Constitution establishes the principle of separation of church and state, which is particularly relevant when religious organizations serve as polling places. This principle generally requires that election officials and governments ensure that voting locations, including churches, comply with laws designed to prevent undue influence or favoritism. In cases like Lycoming County Voter Services, the county government has a responsibility to oversee and maintain compliance with election laws at all polling sites, especially during elections.
The Free Exercise Clause protects individuals’ right to practice their religion freely, as long as such practices do not violate public morals or pose a compelling government interest. However, this clause can sometimes come into conflict with the Establishment Clause, which prohibits government endorsement of religion.
Although the U.S. Supreme Court and lower courts have addressed issues related to the Establishment Clause, there are no specific rulings directly involving churches as polling sites. Nonetheless, existing guidelines mandate that no polling location—whether a church or other facility—should engage in activities that could be perceived as endorsing or opposing a political candidate or stance.
In this case, pastor Richard Robinson of the First United Methodist Church appears to have violated Mr. Clark’s First Amendment rights by taking action while the facility was being used as an official polling site. Furthermore, the pastor is not respecting the rights of all voters by his actions. The pastor stated his concern was to protect the church’s tax-free status versus the image that the political signs convey (political candidate). Mr. Clark argued that his signs were placed 50 yards from the church, which meets the legal requirement of being at least 10 feet away from the polling place.
Mr. Clark contacted Forrest Lehman, the Lycoming County Director of Elections seeking resolution. According to Clark, Director Lehman said, “I’m not going to do anything”. The church’s pastor additionally claimed he wasn’t going to do anything either. Meanwhile, Mr. Clark believes that both the church and county officials overlook his First Amendment rights. This frustration led Mr. Clark to appeal directly to the Commissioners, “If you don’t do something Gentlemen, you’re looking at lawsuits”.
