State of Elections

William & Mary Law School | Election Law Society

Tag: North Dakota

The Demise of North Dakota’s Voter Identification Law

In one sense, North Dakota’s voting laws are lax as North Dakota is the only state without voter registration requirements.  In another sense, North Dakota’s voting laws are anything but lax as a federal district court recently found North Dakota’s voter identification law (also referred to as “HB 1332”) to be unduly burdensome.

Continue reading

No Free Speech Within 100 Feet: North Dakota Supreme Court Upholds State Electioneering Law

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 § 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.

Continue reading

© 2018 State of Elections

Theme by Anders NorenUp ↑