H. B. 2201

(By Delegates Gallagher, Staton, Prezioso, Brown
Douglas, Houvouras and Ashley)

[Introduced February 19, 1993; referred to the
Committee on the Judiciary.]

A BILL to amend article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to regulating the placement of political campaign signs along public rights-of-way and providing a penalty for violations.

Be it enacted by the Legislature of West Virginia:
That article eight, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one- a, to read as follows:

ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.

§3-8-1a. Regulation of political campaign signs on public rights-of-way, penalty.

Notwithstanding the provisions of section one, article nineteen, chapter seventeen of this code or the provisions of any county or municipal ordinance prohibiting the placement of political campaign signs on public rights-of-way, candidates for public office in this state may, not earlier than thirty daysbefore any primary, general or special election, place political campaign signs on public rights-of-way if:
(a) The signs are less than four square feet in surface area and are constructed in a manner that allows easy removal;
(b) The signs are placed not less than sixty feet from any other political campaign sign or other public sign;
(c) The candidate notifies the right-of-way authority of an intent to place political campaign signs on public rights-of-way;
(d) The candidate provides the right-of-way authority with a copy or facsimile of the proposed sign or signs, a list of each location on the right-of-way that the sign will be placed, and the name of the person responsible for removing the sign; and
(e) The candidate receives a permit from the right-of-way authority to place the sign or signs at specified locations along the right-of-way.
For the purpose of this section a right-of-way authority is the county maintenance supervisor for the state highway department, the county commission or the governing body of a municipality.
The right-of-way authority shall issue a permit to place political campaign signs unless the authority determines that the placement of the sign at a specific location along the right-of- way would conflict with federal law or statute, be hazardous, interfere with traffic or normal commerce or obstruct, to an appreciable degree, the view of any governmental, historical or cultural building or edifice. The right-of-way authority shallprovide an alternate location for the placement of signs if the placement location requested by the candidate is rejected.
All political campaign signs authorized to be placed on public rights-of-way by the provisions of this section shall be removed by the candidate within forty-eight hours after election day. A candidate may not attach a political campaign sign to the political campaign sign of another candidate. No one, other than a candidate, may remove the candidate's campaign signs which have been authorized to be placed along public rights-of-way by a right-of-way authority unless removed in an emergency or by mutual consent of the candidate and the authority.
Any person who violates the provisions of this section or who places a political campaign sign on a public right-of-way without receiving a permit to do so is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned.

NOTE: The purpose of this bill is to allow candidates for political office to place political campaigns signs along public rights-of-way during the thirty day period leading up to an election. The bill regulates the size, location and length of time a political campaign sign may be placed along public rights- of-way. The bill prohibits unauthorized removal of political campaign signs, attachment of political campaign signs to the signs of other candidates and placement of signs without a permit. A penalty for violations of the provisions of the section is also included in the bill.

This section is new; therefore, strike-throughs and underscoring have been omitted.