Eleanor Finch
Political campaign signs are a form of speech that is largely protected by the First Amendment in the US. However, there are some restrictions on what can be included on these signs and where they can be placed. For example, displaying political signs too close to polling sites is prohibited in many states, and there may be restrictions on placing signs in your yard if you live in a Homeowners' Association (HOA). In this paragraph, we will explore the topic of what is prohibited on political campaign signs and provide an overview of the relevant laws and regulations.
| Characteristics | Values |
|---|---|
| Electioneering | 21 states prohibit campaign apparel, buttons, stickers, and placards |
| 38 states and Washington, D.C., prohibit campaign materials, signs, banners, and literature | |
| 28 states prohibit influencing voters, soliciting votes, and political persuasion | |
| 17 states and Washington, D.C., prohibit circulating petitions and soliciting signatures | |
| Many of these restrictions are based on the distance from the polling site entrance, generally about 50 feet | |
| Homeowners' associations | Some states do not allow HOAs to fully ban political signs in yards but may allow restrictions based on size, number, or timing |
| Other states allow HOAs to prohibit all political signs | |
| Some states prohibit community associations from restricting political signs | |
| Some states say HOAs have to allow signs but can restrict them by limiting the number of days or the size of the sign | |
| In Washington State, the Reed decision must be harmonized with state law limiting certain restrictions on the placement of political signs | |
| Collier v. Tacoma (1993) struck down strict time and place limitations placed on political signs as unconstitutional | |
| Texas law prohibits a property owners' association from enforcing or adopting a restrictive covenant that prohibits a property owner from displaying a political sign on their property within 90 days of an election | |
| Texas law prohibits signs that contain roofing material, siding, paving materials, flora, balloons, lights, or any other similar building, landscaping, or nonstandard decorative component |
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What You'll Learn
- In the US, political signs are protected by the First Amendment, but states and local communities may still regulate their placement and removal
- Electioneering is prohibited at voting sites in all states and Washington, D.C
- In Texas, a property owners' association may not prohibit a property owner from displaying a political sign on their property within 90 days of an election
- Homeowners' associations (HOAs) can restrict political signs in yards, depending on the state law
- In Washington State, the Reed decision must be balanced with state law limiting restrictions on the placement of political signs
In the US, political signs are protected by the First Amendment, but states and local communities may still regulate their placement and removal
Political signs are protected by the First Amendment in the US, which safeguards them as a form of speech. This means that people are generally free to display political signs in their yards, on their cars, or even on their person. Political signs are considered "core political speech", and therefore have the highest form of protection under the First Amendment.
However, this is not without limitations. While the First Amendment protects against government interference, there are exceptions, such as defamation, true threats, and exposure of children to harmful materials. The First Amendment also does not require others to agree with or listen to the message conveyed by the sign. Furthermore, the placement of signs may be regulated by state and local communities. For instance, displaying signs at polling sites is prohibited in many states to prevent electioneering and ensure voters are not influenced or intimidated.
Local communities may also have specific regulations regarding the placement of signs. For instance, homeowners' associations (HOAs) may have rules restricting the display of political signs in yards, depending on state law. Additionally, cities can prevent the placement of signs for safety reasons or to maintain access for emergency services.
It is important to note that the courts closely review attempts to regulate signs to ensure compliance with the First Amendment. Any laws regulating "core political speech" must meet a very high standard, known as "strict scrutiny", to avoid violating the First Amendment.
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Electioneering is prohibited at voting sites in all states and Washington, D.C
Electioneering encompasses a wide range of activities, including holding political signs, distributing materials, wearing candidate-specific clothing, asking people to sign petitions, or attempting to sway someone's vote. While political signs and electioneering are generally protected by the First Amendment as "core political speech," there are restrictions on these activities near polling sites to ensure voters can exercise their constitutional right without being influenced or intimidated.
All states and Washington, D.C., regulate electioneering at voting sites, and these regulations are based on the distance from the polling site entrance, typically around 50 feet. As of December 31, 2023, 21 states prohibit campaign apparel, buttons, stickers, and placards. 38 states and Washington, D.C., ban campaign materials, signs, banners, and literature. 28 states outlaw influencing voters, soliciting votes, and political persuasion. Lastly, 17 states and Washington, D.C., prohibit circulating petitions and soliciting signatures.
These regulations aim to create a comfortable distance for voters to cast their ballots without feeling pressured or intimidated. The Supreme Court upheld these restrictions in a case from Tennessee (Burson v. Freeman), ruling that there is a "compelling state interest" in ensuring voters can vote "freely and effectively."
To ensure compliance, county elections officials must provide public notice of electioneering prohibitions and their penalties. These notices are posted conspicuously on websites, voter information guides, and at buildings containing polling places, including outdoor voting areas and ballot drop-off locations. Violations of these prohibitions can result in fines and/or imprisonment.
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In Texas, a property owners' association may not prohibit a property owner from displaying a political sign on their property within 90 days of an election
In Texas, property owners are allowed to display political signs on their property during election season. This is protected by Texas state law, which states that a property owners association may not prohibit a property owner from displaying a political sign on their property within 90 days of an election. This is known as the Regulation of Display of Political Signs by Property Owners' Association, or Election Code Chapter 259.
This law falls under the category of 'restrictive covenants', which are rules that are prohibited by law and must be filed by the association with the county. While a property owners association may not outright ban political signs, they can regulate them. For example, they may remove a sign that is displayed in violation of a restrictive covenant. This includes signs that are attached to plant material, traffic control devices, lights, vehicles, or other existing structures. They may also remove signs that are distracting to motorists, such as those accompanied by music, streamers, or balloons.
It is important to note that this law only applies to private real property and does not include property that is subject to an easement or other encumbrance that allows a municipality to use the property for a public purpose. Additionally, political signs must adhere to certain notice requirements. For example, it is a violation of state law to place a political advertising sign in the right-of-way of a highway.
Overall, while Texas law protects the right of property owners to display political signs during election season, there are still certain regulations and restrictions that must be followed. These regulations aim to balance the rights of property owners with the need to maintain order and safety in public spaces.
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Homeowners' associations (HOAs) can restrict political signs in yards, depending on the state law
Homeowners associations (HOAs) are private organisations that are typically non-profit corporations. They are governed by a board of directors that can set rules for signs. These rules are in place to preserve the aesthetics of an area, protect home values, and maintain the association's property. While political signs are largely protected by the First Amendment, HOAs may still restrict political signs in yards, depending on the state law.
Some states, like California, do not allow HOAs to prohibit noncommercial signs, though they do allow for some regulations. For example, they may restrict signs based on size, the number of signs, or when they are displayed. In North Carolina, Section 47F-3-121 offers some level of protection for homeowners' political sign displays in HOAs and condos. However, associations may restrict or ban such signs when certain key phrases exist within the declaration.
In Massachusetts, it is illegal for an HOA to prohibit signs as their actions against signs constitute state action. Other states that have sided in favor of homeowners regarding the public display of HOA political signs include Arizona, California, Nevada, Ohio, Wisconsin, and Delaware. In these states, HOAs cannot outright restrict political signs, but they can impose limitations on size and when the signs are displayed.
It's important to note that if an HOA has political sign rules and a homeowner is in violation, the HOA should follow proper procedure for enforcement. Instead of removing the sign themselves, they should send a formal letter to the homeowner requesting removal and providing an explanation and reference to the specific rule being violated.
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In Washington State, the Reed decision must be balanced with state law limiting restrictions on the placement of political signs
Political signs are a form of speech protected by the First Amendment. In the United States, political signs are considered "core political speech", receiving the highest level of free speech protections.
In 2015, the US Supreme Court case Reed v. Town of Gilbert ruled that a town sign code that treats various categories of non-commercial signs differently based on the information they convey violates the First Amendment. The Court held that the sign code's provisions were content-based regulations of speech that did not survive strict scrutiny. The Court's decision prompted most local governments to significantly redraft their sign codes, with many jurisdictions in Washington State adopting a content-neutral approach.
In Washington State, the Reed decision must be balanced with state law limiting certain restrictions on the placement of political signs. In Collier v. Tacoma (1993), the Washington State Supreme Court struck down a 60-day pre-election durational limit on political signs as unconstitutional. The Court held that political signs must be allowed in the parking strip area of the public right-of-way because it is a traditional public forum. This decision set a precedent for future cases, with the Court recognising that the rights of political expression are strongest before an election.
Post-Reed, political signs cannot be "called out" or regulated differently from other non-commercial temporary signs. Local governments must establish standards for all non-commercial temporary signs that take into account Washington State law regarding political signs. While temporary signs, including political signs, may be prohibited in many portions of the right-of-way for safety reasons, they must be allowed in areas considered traditional public forums, such as the parking or planting strip.
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Frequently asked questions
The rules for displaying political signs in your yard if you live in an HOA may be different from other communities. This is because HOAs are technically private corporations governed by a board of directors that can set rules for signs. Some states do not allow HOAs to fully ban political signs in yards but may allow restrictions based on size, the number of signs, or when they are displayed. Other states allow HOAs to prohibit all political signs.
All states and the District of Columbia regulate electioneering at voting sites, though not all in the same way. For example, as of December 31, 2023, 21 states prohibit campaign apparel, buttons, stickers, and placards, and 38 states and Washington, D.C., prohibit campaign materials, signs, banners, and literature. These restrictions are often based on the distance from the polling site entrance, generally about 50 feet.
The laws governing the placement of political signs vary from state to state and community to community. However, basic to all the laws and regulations is the First Amendment Right to Freedom of Speech. In Washington State, the Reed decision must be harmonized with state law limiting certain restrictions on the placement of political signs.
In Texas, it is a violation of state law to place a political advertising sign in the right-of-way of a highway. An offense under this section is a Class C misdemeanor.
