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Furor Barrett running for Governor

pkbites

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J.Gleason wrote:
IANAL, but I do believe Candidates are not allowed to use or posts signs until after the Primaries.

You're going to have to provide a cite on that. What law doesn't allow signs during the primary? All candidates put up signs during the primary.
 

J.Gleason

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Mike wrote:
J.Gleason wrote:
I do believe Candidates are not allowed to use or posts signs until the Primaries
If a such a law does exist, it would appear in conflict with the First Amendment.
I believe so, Like I said, I ANAL but while at a campaign event the subject of yard signs was brought up and it was said that election signs could not be displayed until the primaries. I am looking into this as I believe, like you said it would be a 1st Amendment issue.
 

Mike

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J.Gleason wrote:
while at a campaign event the subject of yard signs was brought up and it was said that election signs could not be displayed until the primaries.
What was the context? Many common interest communities (AKA HOAs) have such rules and may enforce them on property within their jurisdiction.
 

J.Gleason

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It was brought up on a state wide scenario. I have just found some info on this very subject that states that the Dept. of Transportation has control over these restrictions. However they have lifted the restriction on the posting of signs due to a 2004 Federal case in Wisconsin concerning Political speech.

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Doing Business > Rules, permits and licenses > Property >
Political and campaign signs Any signs along roadways, including political/campaign signs, pose potential hazards. Improperly placed signs can:
  • Obstruct a motorist’s view
  • Distract a driver’s attention
  • Compound damages or injuries in the event of a crash
  • Endanger the safety of individuals who are erecting signs along busy highways
  • Present obstacles to crews who maintain (mow) roadways
Political/campaign signs, especially larger billboard-type signs, are particularly dangerous when placed in vision areas at intersections.
Signs prohibited on state highway right of way Wisconsin law prohibits the placement of signs on any rural or urban portion of the state highway system right of way. This prohibition applies to commercial advertising and covers political signs, posters and banners. As a general rule, highway right of way in rural areas extends to beyond both shoulders and ditches and any adjoining fence line.
Wisconsin Administrative Code Trans 201.16 details the conditions under which political/campaign signs may be placed adjacent to the state highway system (state, federal and interstate highways)
Local municipalities may have additional guidelines regulating the placement of political signs along county highways or local roads and streets.
Signs on private property Political signs are allowed on private property along the state highway system without a billboard permit as long as the signs:
  • Do not exceed 32 square feet in size
  • Contain no flashing lights or moving parts
  • Are put up less than 45 days before the election*
  • Are removed within one week after the election*
*The Department has suspended enforcement of the restrictions limiting these signs to 45 days prior to and one week after the election. The suspension of enforcement activity will continue until the applicable Administrative Rule can be revised. The need to revise the rule was prompted by a 2004 ruling of a Federal District Court in Wisconsin that suggests these time limits may inappropriately limit political speech.
When placing political yard or lawn signs on private property adjacent to the state highway system, keep the following guidelines in mind:
  • In urban areas, signs are prohibited from the roadway area to at least one foot past the sidewalk
  • In urban areas without sidewalks, signs must be at least 15 feet from the pavement edge
  • Signposts, street name marker posts and most utility poles are all within highway right of way
  • Signs are not allowed within highway medians
Dealing with improper political signs Highway maintenance workers will remove political signs found within state highway right of way – especially if the signs pose a safety hazard.
Highway crews are asked to make reasonable attempts to preserve campaign signs that are taken down and to provide campaign offices with an opportunity to claim the signs.
Sec. 86.19, Wis. Statutes does provide for a $10 to $100 fine for signs that violate the law.
For more information:
Regional outdoor advertising program coordinators
Deborah Brucaya
Wisconsin DOT
Bureau of Highway Operations
P.O. Box 7986
Madison, WI 53707
[email]deborah.brucaya@dot.wi.gov[/email]
(608) 266-3813
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What timing for Barrett. I guess you can take the subtitle off of this thread since there isn't a law violation.
 

Mike

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J.Gleason wrote:
It was brought up on a state wide scenario. I have just found some info on this very subject that states that the Dept. of Transportation has control over these restrictions.
OK, so now we are talking about posting signs on or near roadways in public rights of way? This is a big difference than a ban on posting signs generally as your original post ("Candidates are not allowed to use or posts signs until the Primaries").

Please be precise in postings, especially a posting starting a new thread.
 

Nutczak

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Mike wrote:
J.Gleason wrote:
It was brought up on a state wide scenario. I have just found some info on this very subject that states that the Dept. of Transportation has control over these restrictions.
OK, so now we are talking about posting signs on or near roadways in public rights of way? This is a big difference than a ban on posting signs generally as your original post ("Candidates are not allowed to use or posts signs until the Primaries").

Please be precise in postings, especially a posting starting a new thread.

Unbeknown to J.Gleason at the time of posting, the law that prohibited political signs from being displayed until 45 days before a scheduled electionhas been suspended due to a lawsuit. A law change like this would be next to impossible for the layperson to know unless they were directly involved with running a political campaign.
The phrase "Lighten up Francis" from the movie Stripescomes to mind right now, and I do not know why.
The Department has suspended enforcement of the restrictions limiting these signs to 45 days prior to and one week after the election. The suspension of enforcement activity will continue until the applicable Administrative Rule can be revised. The need to revise the rule was prompted by a 2004 ruling of a Federal District Court in Wisconsin that suggests these time limits may inappropriately limit political speech.
 

J.Gleason

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I guess I wasn't clear when I said that I had found out new info and it would be OK to remove the subtitle.

Maybe that should be an option in the software for the OP's.
 

J.Gleason

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Mike wrote:
J.Gleason wrote:
It was brought up on a state wide scenario. I have just found some info on this very subject that states that the Dept. of Transportation has control over these restrictions.
OK, so now we are talking about posting signs on or near roadways in public rights of way? This is a big difference than a ban on posting signs generally as your original post ("Candidates are not allowed to use or posts signs until the Primaries").

Please be precise in postings, especially a posting starting a new thread.
Where do you think these signs get posted? Near the road way.
There is not a big difference in my posts. I was referring to campaign signs and passed on information that was given to me at a campaign event.

When I found out the correct info I corrected myself (above).
 
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