JAMESTOWN, N.D. (NewsDakota.com) – For years, political advertisements, banners, signs, and more have promoted candidates, asking for the voters to consider them for a specific position.

Typically, these advertisements were pulled the day of an election in accordance with North Dakota Century Code. In a 2012 challenge filed by Gary Emineth of Lincoln, ND, the constitutionality Century Code 16.1-10-06 was brought to light.

The code states, “A person may not approach a person attempting to enter a polling place, who is in a polling place, or who is leaving a polling place for the purpose of gathering signatures for any reason.”

Emineth argued the statute was an “unconstitutional abridgment” of his First Amendment right to free speech as incorporated against the states Fourteenth Amendment. He went on to argue that under the law, if a private individual advocates for or against a candidate, ballot measure, or any party on election day, that individual is subject to criminal prosecution.

In 1981, the electioneering ban of North Dakota was enacted. It expressly prohibited “any person asking, soliciting, or in any manner trying to induce or persuade any voter on election day to vote or refrain from voting for any candidate or the candidates or tickets of any political party or organization, or any measure submitted to the people.”

In his decision, Judge Daniel Hovland granted the preliminary injunction.

“The ban enacted in 1981 is an unreasonable restraint on constitutionally-protected speech,” his conclusion stated. “It is clearly an invalid law based on United States Supreme Court precedent (Mills v. Alabama) from 1966. There is no valid justification for the law in modern day society, nor any compelling state interest offered to support its continued existence.”

Based on the ruling, political advertisements, signs, and more are allowed leading up to and including election day.