What is wrong with advocating for or against the adoption of a new ballot measure outside of a polling station on Election Day? For one, it may be against the law.

In North Dakota, such a law found itself as the subject of litigation that went all the way to the North Dakota Supreme Court. The case, State v. Francis, involved a challenge to North Dakota Century Code ยง 16.1-10-06.2, an electioneering law that criminalizes gathering signatures within 100 feet of an open polling place on election day. In July 2016, the North Dakota Supreme Court upheld the law after applying established U.S. Supreme Court precedent in its own analysis of the North Dakota electioneering statute.

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