Sunday, November 3, 2024

Edmondson: State law regulates political signs in Texas

Did you know that those political signs which are popping up are an extension of our Constitutional right to Free Speech and they are actually regulated by state law?

Texas Election Code, Title 15, Chapter 259 requires all signs that may be seen from the road to have the following notice: “IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND 393) TO PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY.” The law further states that a person who knowingly enters into a contract to print or makes a political advertising sign that does not contain this notice, or places or instructs someone else to place a political sign in a highway right of way, is breaking the law. (This does not apply to bumper stickers.)

The signs must also say who paid for them (such as “Dianne Edmondson campaign”) and must use the word “for” the office being sought unless the candidate is the incumbent (such as “Frank Smith for Judge.”)

It is further against Texas law to steal or destroy a political sign, though a lot of that still occurs every election cycle. I’ve never understood why someone believes that removing one (or more) political signs thinks that somehow will change the outcome of an election. Those signs provide candidate name recognition, and within a neighborhood, they allow the property owner to publicly state his or her own choice in the election. For some folks who don’t like to do their own political research, but who feel that they generally agree with their neighbor four doors down, it’s an easy way, though not necessarily the recommended way, to make a candidate decision.

Some property-owners associations have attempted to prohibit political signs, but section 259.002 of that same law prohibits the POA’s from regulating said signs on or after the 90th day before the date of the election or before the 10th day after the election. The POAs also may regulate size to be no larger than 4 by 6 feet.

So, most all the signs we see within neighborhoods are legal and similar to a poll, somewhat indicative of that community’s overall political leanings. However, as any political consultant will tell you, the only poll that really counts is the one on Election Day itself! Many people regard their political choices as private and do not display signs or respond to pollsters.

At the various polling sites during Early Voting and on Election Day itself, there will be a lot of signs, seeking to remind voters of the candidates’ names. And likely there will be volunteers attempting to speak with voters entering the polling site. These signs and greeters must stay behind a line marked by the site’s Election Judge, which is to be 100 feet from the entrance to the site. This activity is called “electioneering” and is permitted under state law.

However, inside the polling site, no electioneering is permitted, such as wearing t-shirts or buttons with candidate names or discussing candidates with other voters. The Election Judge has the authority to eject a voter if those rules are violated. Written material about candidates is allowed within the polling site, but not if it’s on your phone. By law, no cell phones are permitted within the polling site. If a voter needs curbside assistance to vote, a private ballot will be brought out to the car by an election clerk.

Early voting for the Nov. 5 Election begins on Oct. 21 and goes through Nov. 1. Any registered Denton County voter may vote at any of the 54 Early Voting sites. A full list of Early Voting sites and times can be found at VoteDenton.gov where you may also request a ballot by mail (request by Oct. 26, and ballot must be completed and returned by Nov. 5 at 7 p.m.)

Election Day voting must be at your voter precinct’s assigned polling site. With two full weeks of voting at any county polling site, mail ballots and 145 Election Day sites’ locations readily available on VoteDenton.gov, there simply is no reason for anyone who wants to vote not to do so. So please make every effort to vote — it’s not just a privilege — it’s your civic duty!

Contact Commissioner Dianne Edmondson by email at [email protected] or phone her at 972-434-3960. You can also stop by her office in the Southwest Courthouse, 6200 Canyon Falls Drive, Suite 900, in Flower Mound.

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