HILO, Hawai'i — A proposal to prohibit election-year political sign-waving along public roadways flopped at the Hawai'i County Council yesterday after lawmakers were told the measure was unconstitutional.

Councilman Pete Hoffmann of South Kohala said he proposed the ban out of concern that roadside campaigning, a longstanding tradition in Hawai'i, can cause accidents. Hoffmann said he witnessed a couple of "close calls" while sign-waving during his campaign.

"The whole situation, I think, is fraught with distractions for the driver and is a dangerous situation," he said.

Hoffmann's proposal would have amended a section of the county code that prohibits hitchhiking to also bar people from standing on or near a road "for the purpose of soliciting votes from the occupant of any vehicle."

Deputy Corporation Counsel Bobby Jean Leithead-Todd said the proposed ordinance would violate a sign-waver's right to free speech and was too broad.

She said the proposed bill specifically targets campaigners while allowing other people to distract motorists with roadside signs for protest demonstrations, labor picket lines and even car washes.

The council can prohibit people from blocking roads or sidewalks, "but an outright ban and one that picks out one type of speech for a ban — that would not pass constitutional muster," said Leithead-Todd, a former County Council member.

The council voted the measure down 7-2.

Reach Kevin Dayton at kdayton@honoluluadvertiser.com.