On October 16, a North Dakota voter sued the Secretary of State to overturn a North Dakota law that makes it a crime “to ask, solicit, or in any manner try to induce or persuade any voter on an election to vote or refrain from voting for any candidate or the candidates or ticket of any political party or any measure submitted to the people.” The law is found in the election law at 16.1-10-06. The law exempts bumper stickers and billboards.

There is no doubt that this lawsuit will prevail. The U.S. Supreme Court in 1966 struck down an Alabama law that made it illegal for a newspaper to run an editorial supporting or opposing any candidate on election day. The lawsuit is Emineth v Jaeger, 1:12-cv-139. It is assigned to U.S. District Court Judge Daniel Hovland. Thanks to the Center for Competitive Politics for this news. Here is the complaint.