North Dakota has on its books a law which clearly infringes upon First Amendment protections of political speech. In
Century Code 16.1-10-06 the law states,
Any person asking, soliciting, or in any manner trying to induce or persuade, any voter on an election day to vote or refrain from voting for any candidate or the candidates or ticket of any political party or organization, or any measure submitted to the people, is guilty of an infraction.
The display upon motor vehicles of adhesive signs which are not readily removable and which promote the candidacy of any individual, any political party, or a vote upon any measure, and political advertisements promoting the candidacy of any individual, political party, or a vote upon any measure which are displayed on fixed permanent billboards, may not, however, be deemed a violation of this section. (Download as PDF)
Not only does this farcical law violate protections on free speech, but it also doesn’t apply equally to all – ie, people with stickers on their car or “permanent” signs. The fact that this law even addresses such exemptions indicates that someone in the legislature realizes how ridiculous, unenforceable, and downright unconstitutional it is.
Of course, it doesn’t apply to Democrats buying gas cards or big screen TVs for people or giving college students free rides and pizza, does it? Well, it looks like they eventually stopped the pizza thing when people found out what they were doing. I never heard of anyone actually being charged with a misdemeanor pursuant to Section 16 of the North Dakota State Century Code, however.
I took down my yard signs as we’re all warned to do, simply because I want to use the parts for a project I’m working on in the Garage Majal. Here in my “digital yard”, however, allow me to assert my political opinion as protected by the First Amendment:
Measure One: This is a clear YES. It says that as a politician I can’t arrange to have a government job created, then later on assume that job. I also can’t arrange to give a government job a disproportionate raise and then later assume that job. No-brainer.
Measure Two: This is ill conceived and a clear NO, even though I want property taxes abolished. If it had simply said, “North Dakota government entities may not derive income from the levying of a property tax.” and left it there, I’d be urging everyone to vote yes. In this case, however, the proposed measure does some very BAD things:
– It places spending decisions in the hands of one large, central government;
– It puts fiscal responsibility in the hands of a state legislature which hasn’t exhibited any such responsibility since the Schafer administration;
– It requires the legislature to make a “magic formula” which will somehow “properly fund” all North Dakota cities and towns, no matter how great or small, no matter how flooded or oil-rich;
– It will create a need for full-time legislators. Right now they serve part time and for little money. Imagine if it became a full-time job, doling out your money to whoever lobbied them the best? That’s how the United States Congress ran off the rails!
– Codifies itself into the Constitution, where it can not be modified without another Constitutional ballot measure. What to do in the mean time?
Again, if Measure 2 simply said “No more property taxes” and left it up to the legislature to react within its means, I’d be on board. As it stands, it pulls the rug out from under them while also handcuffing them at the same time. It’s a recipe for disaster.
Measure 3: Again, a clear YES. This measure simply restores protections for faith and religion which have gradually been eroded by the federal government. It has passed legal muster after examination by entities at Harvard, Stanford, Notre Dame, U Virginia, et al. It sets a legal standard by which people are protected from new laws which would, for instance, force photographers like me to photograph homosexual “weddings” against our convictions. No, it doesn’t mean I can beat my wife or marry a twelve year old. And remember, its financial support comes from close to a million dollars in blood money from the abortion factories at Planned Parenthood.
Measure 4: This one is convoluted, but vote NO to KEEP the UND Fighting Sioux Logo. The administration of UND and the State Board of Higher Education have been nothing but misleading in this regard, claiming that we wouldn’t be allowed into the NCAA Big Sky Conference when we’ve already been ratified members for over a year. They’re still claiming the sky will fall on UND athletics when they’ve been playing under sanctions already without ill effect. We need to stand-up for out of state liberal politically correct” types who think they know more about what’s offensive to Indians than the actual Native American tribes themselves, which have never been allowed to meet with them!
There we go. Since I’m not a Democrat, I’m now a dissident and a criminal. But wait, I did take down my yard signs as ordered! If you feel so moved, please click on the Donate link to the right and chip in some bail money. After you do so, please go to the nearest poll – remember, the polling places have CHANGED for many of you, and you can find your new polling place here. Vote YES, NO, YES, NO, and sit back to watch the TV stations try to beat each other with the best election coverage. See you when I get out.
