October 31, 2012 •
Yard signs and electioneering to be permitted on election day
A federal court’s preliminary injunction has found the state’s 100-year ban on election-day campaigning to be an unreasonable restraint on free speech. The lawsuit was filed by the Center for Competitive Politics, a pro-free speech group. The Center represents Gary Emineth, who wishes to post yard signs on his property, distribute fliers, and discuss the upcoming election with his neighbors.
The North Dakota statute bans any person, on election day, from trying to induce or persuade others to support or oppose any candidate or ballot measure.
The court’s ruling also orders state officials to refrain from prosecuting any person for a violation of N.D.C.C. §16.1-10-06 for the pendency of the case.
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