What are Buncombe County's rules with political campaign signs?

2022-05-06 18:36:13 By : Mr. Angus Yan

Today’s batch of burning questions, my smart-aleck answers and the real deal:

Question: Answer man, what are the rules/laws on placing campaign yard signs in public right of ways? It seems this year that they are already worse than usual. Also, some of the signs seem really large this year. What are the rules on size?

My answer: If it's possible for something to get worse every year, it's got to be campaign signage. Bunnies have nothing on these babies in the reproduction department.

Real answer: This issue does come up with every election, as these signs blossom on every imaginable right of way and on private property. 

Buncombe County got ahead of the game this year, creating a web page called, "Campaign Signs 101," which you can find here: https://bit.ly/3vPMxjl.

"Election Services receives tons of questions about the placement of campaign signs from the public and candidates," the site states right off the bat.

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I'm one of the guilty parties, as I generally forward the questions I get to Election Services. At any rate, here's a summary of the more frequently asked question, from the web page, which I've edited a bit for conciseness:

North Carolina state law regulates campaign signs and placement. Local Boards of Elections cannot enforce regulations. For right-of-way questions or complaints, contact the North Carolina Department of Transportation. In Buncombe County, that's 828-250-3200.

To further complicate matters, individual municipalities typically have regulations limiting signs. Buncombe provides links to the municipalities within the county here: https://bit.ly/3OJLmKL.

They comprise Asheville, Biltmore Forest, Black Mountain, Montreat, Weaverville and Woodfin.

First, the when: Signs can go up 30 days before the start of "one-stop" early voting (April 28 this year). That meant campaign signs this year could be placed starting March 30.

Now, the where: The county cites state law, noting, "the permittee must obtain the permission of any property owner of a residence, business, or religious institution fronting the right-of-way where a sign would be erected."

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Here are the rules for placement and size:

The NCDOT also put out a press release about campaign signs, and it notes: "NCDOT has the authority to remove any signs that violate the general statute, create safety hazards for travelers or interfere with maintenance operations. NCDOT employees may remove signs that are illegally placed within the state right-of-way, as time permits. The signs are normally taken to local maintenance offices where they will be stored until claimed."

Buncombe County notes, "In 2019 the law was changed to allow a person to dispose of signs that remained in the right-of-way more than 30 days after the end of early voting." The last day of early voting for the primary is May 14, so 30 days after that date is June 13.

Buncombe says recycling these signs "can be challenging to recycle because they are often made of multiple materials. According to (Curbside Management Inc., the main recycler in Buncombe), campaign signs are only recyclable in our area if they are 100 percent corrugated cardboard. Waterproof signs or corrugated cardboard coated in plastic cannot be recycled. Consider reusing those signs or donate them to a community organization to reuse. The metal must be separated as well. The Buncombe County Landfill will take the metal to recycle, or you can drop it off at a metal recycler."

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Having said all this, I can tell you that campaign signage can be a bit like the Wild West, with folks removing competitors' signs, vandalizing them or generally engaging in political hijinks. It's tough to catch someone in the act, but it is illegal to vandalize or steal signs.

Buncombe County states: "It is a Class 3 misdemeanor for a person to steal, deface, vandalize, or unlawfully remove a political sign that is lawfully placed under North Carolina General Statute 136-32. Contact your local law enforcement agency at their non-emergency number to report a person stealing or vandalizing signs."

As a practical matter, law enforcement agencies are generally pretty busy, so stolen signs or mustaches drawn on someone's face are likely not to be high priorities. Also, competitors love to obscure other candidates' signs, and good luck getting the sign police to come out with a tape measure and issue citations.

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This is, unfortunately, our cross to bear during election seasons, which, delightfully this year, will almost certainly include a second primary, or runoff, July 26, as well as the November general election.

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In short, prepare for signage overload!

If you get tired of seeing them everywhere, take solace in watching your favorite local TV stations for an escape from political advertising. Uh, wait a sec...

This is the opinion of John Boyle. To submit a question, contact him at 232-5847 or jboyle@citizen-times.com.