CHARLESTON, W.Va. — Secretary of State Kris Warner is reminding candidates and political committees that West Virginia law prohibits campaign signs on any federal, state, county or municipal property, including public rights of way and roadsides.
Under state code, people convicted of violating the prohibition are guilty of a misdemeanor and can be fined up to $100 per sign. Warner said his Elections Division and the state’s county clerks have notified all candidates and that guidance is included in candidate guides provided to each filer.
“Inevitably, some candidates or their supporters will place signs on government-owned property despite the law and despite our advice not to do it,” Warner said. “They do so at their own risk and subject themselves to penalties of the law.”
At the same time, Warner warned against removing or damaging signs that are properly displayed. “Taking someone else’s sign or destroying a sign amounts to theft or destruction of property, and can be a criminal offense,” he said.
In addition to state code, the West Virginia Division of Highways has issued its own advisory on campaign sign placement. According to the DOH:
- Signs cannot be placed on or above a DOH right of way, which normally stretches 20 feet from the center line of a public road, though distances vary. Contact the DOH if uncertain.
- Signs near rights of way must comply with the state outdoor advertising statute in Chapter 17, Article 19, Section 1 of the West Virginia Code and any municipal ordinances regulating outdoor advertising.
- Signs cannot be placed on or block DOH traffic control signs, and cannot obscure the view of any connecting road or intersection.
- Signs cannot be placed on natural elements such as rocks or trees.
- Candidates should avoid placing materials on fence posts, utility poles or other stationary objects on private property without the property owner’s consent.
- Political overhead banners cannot be erected over any county, state or federal highway.
Candidates are responsible for where their signs end up regardless of who places them, Warner said. To report a suspected violation, contact the Secretary of State’s Investigations Division at 1-877-FRAUD-WV. For more on DOH outdoor advertising rules, call the DOH Traffic Engineering Division at 304-558-3063.
