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Writer's pictureTrish Gelbaugh

The Spirit of the Law


For some reason, last Tuesday's election brought with it every "grey" area you can possibly imagine. As precinct chair, one of the laws we are responsible for enforcing on election day is a law that states that there will be no campaigning within 100 feet of the polling place. The law was enacted to ensure that voters have the freedom to cast their vote without unnecessary pressure one way or another.

Campaign all you want prior to the election, but, on election day, as voters are entering the polls and about to cast their vote, the intent is to create a neutral environment, so that every voter has the freedom to vote their conscience.

Before opening the polls at 7 a.m., we have signs that are required by law to be posted in certain areas, one of which is a large 5' or so sign on a post that says, "No Campaigning Beyond This Point"; typically, we have to put it out in the parking lot or along the entrance to the polling place ... whatever point is approximately 100' from the entrance.

When I hear people discussing the issues on the ballot or their opinions about them in the hallway or in the polls, I frequently have to politely remind them that they will have to take the conversation elsewhere.

On Tuesday, however, there was a bond issue on the ballot, and a committee of people in favor of the bond proposal had decided to set up shop outside the polls to try to convince people to vote "yes" on the issue. The woman who had been assigned to our precinct was very kind and considerate, and had obviously been instructed on what she legally could and could not do. She brought a folding chair and a cooler of snacks and took her post, literally, a foot or so in front of the sign.

Over the course of the day, I had many voters inquire about and/or complain about the fact that she was there, but, legally, she was within the law. If she had been one foot on the other side of the sign (99' from the entrance), it would have been against the law, but because she was approximately 101' away from the entrance, it was all perfectly legal.

You see, that's the problem with trying to make the law, or the legal system, the final authority on any given matter. You are trying to take a very complicated concept or issue, and make a very simple, easy to follow "rule" thinking that by doing so, you will eliminate the problem. But you can't possibly address every single situation and scenario adequately in order to fairly apply the law to all circumstances. If I remember correctly (from college classes I took decades ago!), there are some courts and situations in our country in which a judge or jury can take into account the "spirit of the law"; what was the original intent of the law when it was drafted? It gives them the freedom to interpret a particular law a little more loosely (in which case, in this particular scenario, the woman might have been found to be in violation of the law). But most of the time, the law has to be interpreted very literally and specifically.

Therein lies the problem with "religion"; I have had people tell me they just want to read the bible so they can know "the rules" ... they want to know what the expectations are so that they can follow the rules and just go on living their lives on their own. But that's religion, not a relationship. God wants a relationship with you. A personal, intimate day-to-day walk with you. He wants to talk with you about the situation you're in. He wants to search your heart and soul to see if you're really following Him and the spirit of what He intended ... or if you're just making sure you're "101' away from the entrance". It's why, when asked specifically about the law (Matthew 5), Jesus said something along the lines of, "I tell you the truth, even if you look at a woman lustfully, you have already committed adultery in your heart" (Matthew 5:27-28, my paraphrase) ... He's saying that, ultimately, it goes way beyond your actions ... it's about where your heart is at on any given matter. ... It's why He came to save us; because, at some point or another, we will all fall short.



© I Lift My Voice, 2015.

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