During an election cycle, signs can be an effective way for candidates to build name recognition. People can identify the candidates they will support by permitting sign placement in their private property, but they should always be placed with permission of the property owner.
This cycle is definitely different from any past election in recent history. During the past few years, the focus for a party was to not burden a candidate with a primary opponent. Let the party and its’ voters rally around the one candidate they thought could win. Then the desire to fill all ballot spaces with candidates, from time to time, credibility was not a qualifier.
There have always been some races determined in the off-cycle. Some are normally decided during the primary cycle, not during the fall, where the focus was traditionally found during the general election. With non-partisan municipal races and all the non-partisan Supreme Court, Intermediate Court, judicial and school board races many on the ballot will be decided this spring – and those coveted sign locations could be a focus on these races.
Not this year, when so many other races will also be determined in large part due to a huge shift in party affiliation and the lack of candidates.
Volunteers can be a great way for candidates to distribute materials, messages, have representations at events, and to even put out signs. However, candidates should know West Virginia campaign laws and should make sure anyone who is working in any capacity on their behalf does as well.
NOT knowing the laws could cause a costly and embarrassing mistake to be made.
Candidates in Wheeling and Ohio County have long observed the unwritten, unspoken 30-day rule. Generally speaking, no signs go up before thirty days prior to early voting begins. This year, a few may have but generally, they were only found in individual resident’s yards. Some communities in West Virginia are littered with signs upon a candidate’s filing.
What’s more important is sign removal. As a candidate, it was always the intent to remove all signs possible election night, so there was no visible reminder the following day. Who does not remember the signs placed (illegally) ad nauseum for a particular congressional candidate along the interstate off-ramp at Exit 10, that remained for a considerable amount of time after the election?
Back to sign placement. Signs are never okay in any rights-of-way, either state of city. The City of Wheeling has stated they will remove and retain the signs placed improperly for 10 days before discarding them.
The state has said they will follow Code Section 17-19-1, which states:
No person shall paint, mark, post, tack, nail, or otherwise affix any sign, advertisement, notice, picture, drawing, emblem, poster, printing, or writing, other than those placed and maintained in pursuance of law, on or to any stone, rock, tree, fence, stump, post, pole, building, or other structure, which is in or upon the right-of-way of any public road or highway, including the road or highway itself, except that the commissioner may provide for suitable road signs, danger signals and other signs of informational nature. No such sign or other marking shall be suspended over the right-of-way of any public road or highway. These prohibitions include, but are not limited to, such devices which are intended to invite or draw attention of the public to the candidacy of any person for any public office; and any such device which exists in violation of the provisions of this section shall constitute prima facie evidence that the person whose candidacy appears thereon violated this section: Provided, however, That the installation and/or maintenance of newspaper, postal or mailboxes shall not be prohibited or affected by this section.
Any person violating this section, whether as principal, agent, or employee, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $100; and such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of this section is committed or continued. Every such prohibited sign or other marking is hereby declared to be a public nuisance. Upon receiving notice of any violation of this section, the commissioner shall cause the prohibited sign or other marking to be removed within ten days and shall cause the appearance of the property on which it was affixed to be restored, as near as may be practicable, to its condition immediately before such violation occurred. The commissioner shall, in the name of the state, recover from the persons who hereafter violate this section the amounts expended by the state in removing the sign or other marking and in restoring the appearance of the property on which it was affixed.
The commissioner is empowered to remove any such prohibited sign or other marking in place upon or over any road taken over by him for construction or maintenance.
The commissioner has stated, “Division of Highways workers will pull any signs from the state rights of way and, for a short time, store them in the county highway offices to be picked up by the candidates or their representatives. DOH workers must also take time out of their maintenance schedules to remove signs. So, just be aware and do not add further burden to their day to keep West Virginia roadways safe.”
If candidates coordinate and keep track of their signs, easier in some races than others of course, they have the ability to communicate their intentions on sign retrieval. Several have been witnessed “popping up” in close proximity to a bunch of other signs without the property owners’ approval. This is never OK, even if a candidate deems it to be public space. See above where signs can never be put on public space.
Candidates can and should do better with their signs. They need to know the laws and rules for their communities and pass those along to their volunteers to ensure their signs are not placed in improper and illegal spots.
Oh, and by the way, nine days left!
