I seem to recall that you aren't supposed to put up ads and the like prior to filing with the appropriate party chair...just can't put my hand on the reference...

Help!

Thanks

Lisa L. Peterson
Nolan County Attorney

All of the advertising-related offenses are in chapter 255 of the Elections Code, and I don't find anything about "premature posting of political advertising" in there. A broader, though admittedly cursory, search didn't turn up anything like what you're contemplating. Section 253.031 does prohibit making any campaign expenditures at any time when the candidate does not have a campaign treasurer designated. That, of course, would include buying signs. But that's as close as I could find in a quick scan.

Honest - it wasn't my question...being a small community, it is highly unusual for signs to appear before January 1. A citizen called, irate, wanting me to "take care of it"...Proper notices are on the sign, treasurer is appointed, and he files today, so - aside from not knowingly his community, I don't see an offense.

Did warn the citizen that they may have to wait until early voting to make their feelings known...

Lisa L. Peterson
Nolan County Attorney

I believe there is a specific provision for posting signs prior to election day (or maybe prior to the first day of early voting) and a similar provision for removing signs after the election (unless the is a runoff). Can't find the reference right now, but I think the pre-election rule is 60 days and the post election rule is 10 days. Note that this provision applies to posting signs - presumably NOT to advertising in the newspaper, mailings, etc. As astated above, the candidate cannot make any campaign expenditures until candidate files an appointment of campaign treasurer - including paying the filing fee.

A lot of the municpalities in our county have ordinances with specific time periods -- political signs can't be posted until within so many days of election.

I know I saw something a couple of years ago that banned the placement of outdoor signs more than 90 days before the election. I don't recall if it was a city ordinance or state law. My efforts at finding it this morning have, predictably, failed.

My curiosity got the best of me. Like the rest of you, I could not find a prohibition in state law about posting signs before a certain date. I did find a provision in the Property Code that says a homeowners' association cannot insist on a restrictive covenant that prohibits political signs within 90 days of an election. See Property Code � 202.009.

You might try giving the Secretary of State's Office a call (specifically their Elections Division). I imagine they can answer your question.

J Ansolabehere

I am running for office you know

V.T.C.A., Local Government Code � 216.903

Vernon's Texas Statutes and Codes Annotated Currentness

Local Government Code (Refs & Annos)

Title 7. Regulation of Land Use, Structures, Businesses, and Related Activities

Subtitle A. Municipal Regulatory Authority

Chapter 216. Regulation of Signs by Municipalities

Subchapter Z. Miscellaneous Provisions (Refs & Annos)

� 216.903. Regulation of Political Signs by Municipality

(a) In this section, �private real property� does not include real property subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose.

(b) A municipal charter provision or ordinance that regulates signs may not, for a sign that contains primarily a political message and that is located on private real property with the consent of the property owner:

(1) prohibit the sign from being placed;

(2) require a permit or approval of the municipality or impose a fee for the sign to be placed;

(3) restrict the size of the sign; or

(4) provide for a charge for the removal of a political sign that is greater than the charge for removal of other signs regulated by ordinance.

(c) Subsection (b) does not apply to a sign, including a billboard, that contains primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political.

(d) Subsection (b) does not apply to a sign that:

(1) has an effective area greater than 36 feet;

(2) is more than eight feet high;

(3) is illuminated; or

(4) has any moving elements.

Check out this page on TXDOT's web site on the posting of political campaign signs.

DOT page

TXDOT says 90 days before and removal by 10 days after, the election. The page also refers the reader to their local city and county ordinances. The Texas Ethics Commission also refers the reader to TXDOT and the local ordinances for information on posting campaign signs.

Janette A

Several people here called our district judge and he says you can have your signs up all year if you want, as long as you comply with all other requirements. How can the state tell a candidate that he can't put up a sign if he has a campaign chairman.

Like a moth drawn to a flame (or a dweeb to an esoteric issue), I could not resist looking for the source law. As it turns out, it has more to do with highway beautification than election law.

See the following:

1. Tex. Transp. Code �391.031. Unlawful Outdoor Advertising; Offense.
2. Tex. Transp. Code � 391.005. Exemption.
3. Tex. Transp. Code �394.021. Erecting Off-Premise Sign Without Permit; Offense.
4. Tex. Transp. Code �394.003(7). Exemption.
5. 43 Tex. Admin Code �21.147(a)(9)(B).
6. 43 Tex. Admin Code �21.421(a)(7)(B).

With apologies to the classic '60s country song ...

Those who chimed in about the Transportation Code are correct (including our civil division chief, who broke the rule that you're not supposed to make your elected look like a slack-jawed bonehead to his peers ). It exempts from its burdensome regulation a sign relating to a public election if posted no more than 90 days before the election and removed within 10 days after the vote. Generally, a sign otherwise subject to regulation must be within 660 feet of an interstate or primary highway right-of-way or visible from a rural highway. I had only considered the "advertising" aspect (read, "political advertising"). This has all been very cathartic for me; to-wit:

Hello, everyone. My name is Scott. [from crowd: "Hi, Scott!"] I'm a ... sloppy ... legal ... researcher [breaks down into unnerving display of weeping and self pity].

As for other ads (e.g., newspaper, TV, push cards, etc.), I think my original post would still stand.