Is political canvassing soliciting? Essential laws to know
Whether you’re a first-time volunteer or a seasoned campaign manager, you should know the basics of U.S. canvassing laws. For instance, where are you allowed to canvass, and when? What can you do while canvassing? And, you should know a quick answer to the question we get asked often — Is political canvassing soliciting?
Political canvassing is your right as a U.S. citizen, but it’s your responsibility to abide by all relevant national, state, and local laws surrounding it.
We’ll set you up for success by answering your questions and giving you tips for safe, compliant canvassing. This guide will cover the essentials so you and your team can knock doors safely. Let’s start with some definitions.
What is political canvassing?
Traditional political canvassing is the act of knocking on doors or talking to voters or supporters to achieve a variety of campaign or organizational goals, such as:
- Surveying voters or supporters (sometimes known as “IDing voters”)
- Encouraging people to get out and vote
- Collecting information about issues important to voters
- Providing information about upcoming elections, events, or actions
Whether you aim to identify voters or persuade them to vote for your candidate or cause, canvassing is a worthwhile and effective campaigning strategy. While phone canvassing and text banking are also integral outreach strategies, this article focuses on the laws governing traditional, door-to-door canvassing.
Is political canvassing considered soliciting?
The short answer is no; political canvassing is generally not considered soliciting. Political canvassing is a form of non-commercial speech, meaning that, by federal law, it is not classified as commercial soliciting.
However, not every homeowner knows this — some may believe that volunteer canvassers are trying to solicit them and ask your canvassers to leave. Additionally, some cities may consider political canvassers as solicitors and impose the applicable restrictions.
Ultimately, it’s up to you to know the relevant laws and restrictions your campaign must follow while canvassing and communicate these to your volunteers.
Is political canvassing trespassing?
In general, political canvassing is not considered trespassing either, since you have the right to canvass as part of your free speech.
However, there are two circumstances where canvassing could be considered trespassing:
- If you ignore a “No Trespassing” sign
- If you remain on someone’s property after the owner or resident tells you to leave
Even if you have the legal right to canvass, it’s best practice (and safest for your canvassers) to respect the wishes of property owners. Tell your volunteers to always move to the next door if they see “No Trespassing” signs or if someone asks them to leave.
Essential political canvassing laws to follow
While political canvassing laws can vary, authorities sometimes restrict a few key aspects of canvassing. To stay compliant and decrease the odds that you’ll encounter any problems, field directors and volunteer managers should brief all canvassers on these laws.
Ensure that anyone canvassing on behalf of your campaign or cause knows these laws or guidelines before heading out to hit the doors:
Identification
In most states, volunteers are legally required to identify themselves as political canvassers when they knock on doors. Your canvassers can identify themselves by:
- Wearing a campaign t-shirt or button
- Stating the campaign or organization you’re canvassing for at the start of the conversation
- Giving voters branded campaign literature
Even if you’re not legally required to identify who or what you’re canvassing on behalf of, it’s a canvassing best practice to do so. Clear identification helps you raise awareness for your campaign or cause and avoid confusing homeowners.
“No Trespassing” signs
You must respect “No Trespassing” signs. While political canvassing itself is not considered trespassing, ignoring these signs and entering properties that have them is. Many state laws restrict canvassing on properties with “No Trespassing” signs.
If you see a “No Soliciting” sign, this may be a different story — it all depends on your local and state laws. Typically, canvassers should knock these doors to gather data unless they feel uncomfortable or unsafe.
Some homeowners may also have “No Canvassers” signs, which you should follow.
Campaign literature
You are legally allowed to distribute campaign literature and informational materials. However, you must leave literature at homeowners’ doors, not in their mailboxes. You can fold the literature and put it in the door handle, place it in the weatherstripping, or find another way to leave it anywhere except their mailbox. Make sure volunteers know they cannot place literature in mailboxes as it can result in problems for your campaign or cause (and the canvasser, too).
Your rights as a political canvasser
All Americans have a constitutional right to canvass for political, religious, and other non-commercial purposes as part of the First Amendment’s protection of non-commercial speech.
This right has been debated and affirmed by the Supreme Court several times in different contexts. Some of the most notable relevant cases include:
- Martin v. City of Struthers (1943): This case affirmed that cities cannot pass municipal ordinances restricting individuals’ right to knock on doors or ring doorbells for the purpose of distributing religious or political materials. The Supreme Court confirmed that this city’s ordinance denied its citizens’ freedom of speech and press.
- Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton (2002): This 2002 court case debated whether or not a city can require non-commercial canvassers to obtain a permit from the mayor’s office before canvassing. The Supreme Court concluded that requiring permits for canvassing violated the First Amendment.
Essentially, this means that although cities and states can put restrictions on political canvassing, they cannot legally take away your right to canvass.
If you or one of your volunteers thinks that your rights as a political canvasser have been violated, you can take the following steps:
- Leave the situation if things are too tense or you feel unsafe.
- Contact whoever launched the canvass and let them know what happened.
- Consider contacting groups like the ACLU or another legal representative if your campaign or organization wants to take legal action.
Remember that your canvassers’ safety is always the number one priority. If homeowners, police, or others try to stop a volunteer from canvassing, they should comply and leave the situation. Your campaign or organization can always analyze the situation and take action later once volunteers are safe.
More FAQs about political canvassing laws
If you still have questions about how to canvass legally in your city, refer to these FAQs. Always check your local laws and relevant election regulations if you aren’t sure.
Do you have to respect signs saying “No Solicitors”?
Since political canvassing is not considered soliciting, you are not legally required to avoid “No Solicitors” signs in most cities.
Typically, canvassers should knock doors with “No Soliciting” signs to gather valuable data unless they feel unsafe or uncomfortable with the situation. However, remember that all volunteer canvassers must respect “No Trespassing” and “No Canvassers” signs.
Do you need a permit to canvass for a political campaign?
No, you usually do not need a permit to canvass an area. However, it’s up to you to know if there are any laws or guidelines regarding permits that you need to abide by.
Do you have to inform law enforcement when you canvass?
No, you do not need to notify law enforcement or a city official before canvassing an area. As long as you respect homeowners’ privacy and canvass at appropriate times (i.e., after 9 a.m. and before 9 p.m.), there’s no need to notify anyone beforehand.
Is it ever illegal to canvass?
In most cases, political canvassing is your legal right — but you must abide by any laws or guidelines that are relevant to your campaign.
For instance, there are a few instances in which political canvassing can be considered illegal, such as if:
- You ignore or violate a “No Trespassing” sign
- You remain on someone’s property after they tell you to leave
- Your city or state includes political groups or “noncommercial advocates” in its definition of solicitors
Are there certain times when towns must allow canvassers?
The Supreme Court has not formally established specific times for canvassing, but some attempts to restrict canvassing activity before 9 p.m. have been deemed unconstitutional. In most cities, you’re allowed to canvass between 9 a.m. and 9 p.m. on any day (but make sure to check your local laws and guidelines).
Is political canvassing soliciting? Final thoughts
In general, political canvassing is not soliciting, and you and your volunteers have a constitutional right to canvass for your campaign or cause. However, there are plenty of laws and restrictions on canvassing across America, and it’s your responsibility to know and follow those laws.
You can make canvassing easier for both organizers and volunteers by using the MiniVAN app. MiniVAN helps canvassers follow scripts, view assigned turfs, and note information about voters on the go. The more prepared your volunteers are, the more likely they’ll stay safe and represent your campaign or organization well. Contact the NGP VAN team to learn more.
