SAN ANTONIO — A 63-year-old Bexar County man was arrested after allegedly punching an election clerk when he was asked to take off his hat supporting presidential candidate Donald Trump, breaking polling site rules.
Jesse Lutzenberger faces charges of injury to an elderly person for assaulting the 69-year-old poll worker Thursday evening at the Johnston Library voting site.
Bexar County Sheriff Javier Salazar called it an “ugly incident,” saying there was no place for violence in elections.
“There was nothing life-threatening, but it was still an ugly incident where I can’t think of something like this happening in my time as sheriff,” Salazar said.
Officials said Lutzenberger arrived around 6:30 p.m. to vote and put on his hat supporting a candidate. Documents specified it was a red “Make American Great Again” cap, referencing Trump’s campaign slogan.
It’s against Texas election rules, however, to wear badges or attire referencing candidates or measures on the ballot while in a polling place. Salazar said a poll worker at Johnston Library reminded Lutzenberger about the rules, and he removed it before casting his ballot.
Upon leaving, however, Lutzenberger allegedly put the hat back on while still in the building. An election clerk “told him that was unacceptable,” Salazar said, and began to escort him out. That’s when Lutzenberger allegedly turned physical, throwing his arm and then “several punches” at the clerk before leaving.
Bexar County Sheriff’s deputies investigated and took Lutzenberger into custody at his home Friday. He has since been released after posting bail on a $30,000 bond.
"The victim is no worse for wear other than some marks to his face,” Salazar said, adding the poll worker didn’t have to be hospitalized.
‘Tone down the violence’
The sheriff, who said deputies have contended with daily calls for service at polling sites that largely turn out to be false alarms, implored the public to “tone down the violence.”
“This has been an especially contentious election cycle, I think everybody can attest to that,” said Salazar, who is running for reelection himself this year. “There’s no sense picking up a criminal case or injuring somebody in the name of politics. We can’t tolerate it.”
The sheriff said “several dozen deputies” have been taken off patrol duties to respond exclusively to any issues arising at polling sites during the ongoing early voting period. Up until Thursday night, most incidents were deemed “swatting-type” calls in which callers report a situation that isn’t happening, or otherwise were cases of voters showing up with clothes supporting a candidate.
But none of those incidents, Salazar said, turned violent until Thursday at Johnston Library.
“There’s no sense in assaulting someone doing his job.”
Bexar County Elections Administrator Jacque Callanen said earlier in the day that her team has been seeing a record voter turnout every day this week. According to the Texas Tribune, the state has more registered voters than ever at 18.6 million. That’s about 1.7 million more than 2020.
Bexar County District Attorney Joe Gonzales sent a statement to KENS 5 Saturday. In the statement he said the worker was "assaulted for simply doing his job."
"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," Gonzales said. "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."