LAFAYETTE, Ind. — It’s that time of year when political campaign signs sprout up like dandelions in an untreated suburban yard.
There’s nothing wrong with that, per se, but an inquiry after Wea Township candidate signs recently cropped up shows that, perhaps, the candidates, who are responsible for their signs, might be taking short cuts with Indiana Election Laws.
Tippecanoe County Clerk Julie Roush emailed all candidates on March 11, specifically addressing political campaign signs, and her email included three attachments that went into more detail, according to a copy of the email obtained through a request for public records.
“In general, signs may not be placed on either public or private property without the permission of the owner or responsible party,” Roush wrote.
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Candidates must get permission
The homeowner near the entrance to Stratford Glen near McCutcheon High School said he gave permission to Wea Township board candidates Andrea Moore and Aaron Slagel to put signs in his corner lot near Old U.S. 231.
“I never had an issue with (Moore) putting the sign in. She’s always asked. Aaron, too,” the homeowner said.
But Wea Township Board members Jim Martin and George Buck didn’t ask. Their signs were put in the homeowner’s yard anyway.
The homeowner said he doesn’t want his corner looking like the cluster of political signs that typically sprout up at Veterans Memorial Parkway and Old U.S. 231, but he was OK with Moore and Slagel’s signs.
“This is my first year putting yard signs out,” Martin said when called about his unauthorized signs, “and I wasn’t sure there were any violations.
“I mostly put them where I saw my competitors’ signs. There are a couple on private property, but I got the homeowner’s permission for those.”
Told that the homeowner in Stratford Glen did not give him permission to put the sign in his yard, Martin promised to apologize to the homeowner and remove the sign.
“I will definitely go out and address these situations,” he said, when several locations of his signs were discussed.
Called about his signs, Buck said, “The trustee of the township put my signs out for me. That’s all I know. I figured he probably asked.
“I don’t know where he stuck (the signs).”
Wea Township Trustee Jim Slaven admitted putting out signs for Buck but said, “The signs I put up were with permission.”
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But the homeowner in Stratford Glen said he did not give permission to Buck or Martin.
That homeowner has since taken down Buck and Martin’s signs, which is a property owner’s right if signs are placed without permission.
Asked about the unauthorized sign at Stratford Glen, Slaven said, “I can’t verify where all of George’s signs are.”
Signs are not allowed in right-of-ways
Public rights-of-way are the land between a private owner’s property line and a road, and sometimes, the rights-of-way are between private property owners’ lands to run utilities.
Utility poles also are public, and political literature may not be attached to these poles, according to the information Roush emailed to candidates.
Rights-of-ways typically are owned by the local, county or state governments.
If the specific government in charge of the rights-of-ways receives a petition to allow signs, the request might be approved. However, if approved, then candidates of all political parties may post their signs.
“Inquiries regarding posting political signs and materials on other public property can be directed to the authority having control over the public property, such as the town council, mayor, or the county commissioners’ office,” according to an Indiana Election Division pamphlet Roush sent to all candidates.
“(I)f political signs or literature are displayed for one candidate or party, then all candidates and parties have the same right to display signs or literature on the public
property,” the pamphlet states, noting that this is only if the government with control over the public land gives its approval for signs.
Martin asked Roush in an April 5 email about placing signs.
In response, Roush wrote, “You should always get permission. The county, city, state, neighborhoods, and private property owners have the right to destroy signs that are in the right of way or on their property.”
Is this public right-of-way or private property?
Property owners might not realize it, but they don’t own as much land as they think because of rights-of-way that extend from the roads towards the property owners’ land.
Candidates can get an idea whether the land is private property or public rights-of-way by going to the Tippecanoe County website and looking up the address on the GIS map.
Indiana: Tippecanoe County GIS site
Yellow lines on the GIS map indicate property lines, said Kavita Kulkarni, Tippecanoe County GIS administrator. The lines are not legally binding, per se, as they would be if done by a surveyor. But the lines are close enough to give the candidates a general idea of what is private and what is public property.
If the place where a candidate wants to put a sign is private, the candidate must get the owner’s permission.
If the spot is public, don’t put a sign there unless the government controlling that specific right-of-way gives its OK.
Removing campaign signs
If a candidate puts a sign on private property without permission, the land owner has the right to remove and/or destroy the sign, Roush said in her April 5 email.
If the sign is in the rights-of-way, call the city, county or state street/highway department, and its employees are supposed to remove the sign.
The Indiana Election Division pamphlet addresses removing signs from the public rights-of-way.
It states, “The sign may be removed only by the authority having jurisdiction over the
highway. (IC 9-21-4-6) Contact the appropriate office (the city or town street department, county highway department or state department of transportation) for assistance.”
People removing signs from public rights-of-way or from other people’s yard face a potential misdemeanor charge of criminal conversion, according to the Indiana Election Division’s pamphlet.
Reach Ron Wilkins at rwilkins@jconline.com. Follow on Twitter: @RonWilkins2.
