FALKVILLE, Ala. — We're in the middle of a very busy political season, with races running the gamut from the presidential campaign coming up in November to state and local elections scheduled throughout the year. This means you'll be seeing many more political campaign signs in neighborhoods and properties in the weeks and months to come.
A FOX54 viewer sent us photos from roadsides in rural Morgan County, with at least one taken along Highway 36 West near Falkville. It shows a campaign sign for a local race attached to a metal pole holding a stop sign and road indicators. The message sent with the photos reads in part that the candidate for this particular race "was seen last week attaching his Campaign Signs to County and State Stop Signs. There is a Federal Code stating this is a crime."
THE QUESTION
Is it a federal crime to attach political signage to county and state stop signs?
OUR SOURCES
- The Right-of-Way and Environment Subchapter of the Federal Highway Administration Code
- Tony Harris, Chief of Communications and Government Relations for the Alabama Department of Transportation
- First-Amendment rights blog Freedom Forum
THE ANSWER
No. While there are guidelines surrounding the placement of political or other outdoor signage, there is no explicit ban at the federal level about posting campaign signs on property such as traffic signs placed there by state or local authorities.
There are, however, state guidelines about political signs which political campaigners are expected to adhere to.
WHAT WE FOUND
The Federal Highway Beautification Act says that it's illegal to post political signs within 660 feet from the edge of an interstate's right-of-way, and that in rural areas, should not be viewable from the interstate at all. However, the photos we were sent do not show an interstate highway - only a state highway in what appears to be a rural residential neighborhood.
Freedom Forum explains in their article on the topic that "most states and cities restrict any signs other than official traffic information signs from state highways ... because additional signs of any type, regardless of their message, may be a safety hazard or distract or confuse drivers."
We asked ALDOT what state law dictates. Tony Harris' statement to us, in full:
State law prohibits the placement of political signs on state right of way along state, U.S. and interstate highways. Local roadways (city streets and county roads) do not fall under this specific state law, but may be governed by similar local ordinances. On state rights of way, ALDOT crews are instructed to promptly remove political signs attached to traffic signs or sign posts, and those that pose safety issues. In other cases, illegally-placed signs are removed in the course of routine maintenance operations or at specified intervals. The crews that maintain Alabama’s roadways are the same ones tasked with collecting illegal signs and litter, so roadway maintenance takes priority unless there are safety concerns.
So on state highways, like those depicted in the photos provided to us, signs could be subject to removal.
In addition, counties or individual municipalities could add fines to those who violate those codes, as Chambers County has. But, in terms of privately owned residential property, the U.S. Supreme Court has ruled that the display of political and other types of signs is "a unique, important, and protected means of communication and towns cannot restrict the display of such signs."