County, town time limits on political signs illegal

Town and county laws limiting the time political signs may be posted before an election are illegal, according to a July 1993 state Supreme Court ruling.

In Collier v. Tacoma, the state Supreme Court ruled that Tacoma’s ordinances restricting political signs from being posted earlier than 60 days before an reelection “restrict political expression by imposing durational limitations on the preelection posting of political campaign signs.”

The ruling confirms county Prosecuting Attorney Randy Gaylord’s ruling that San Juan County’s law is not enforceable. According to the County Code, campaign signs can’t be posted more than 45 days before an election, and must be removed “no more than 72 hours following an election terminating candidacy.”

Town law allows campaign signs to be posted 10 days before the election; the signs must be removed within five days after the election.

Before Gaylord’s ruling on Friday, campaign signs were popping up across San Juan Island. Minnie Knych, manager of Herb Meyer’s campaign for Congress, erred on the side of caution and asked a supporter to remove a newly posted sign. Other candidates awaited the ruling.

“The 45-day limitation is invalid and we will not enforce it,” Gaylord said. “We will recommend that the time limitation be removed at the next revision of the code.”

The court does allow local governments to restrict the size of signs to ensure public safety. And governments can enforce the removal of signs after an election.

An Internet search of other Puget Sound counties and cities show restrictions only on when signs must be removed, not put up.

Tim Likness, elections supervisor of Clark County, said a candidate could legally post a sign now “if they are running for office in 2010, but they’d be silly to do so. Usually, you’d put up a (campaign) sign when you declare your candidacy.”

Clark County — whose cities include Vancouver — takes a tough stand when it comes to signs coming down after an election. “If someone hasn’t removed their signs, we send them a letter and tell them if they don’t pull those signs down, we will,” Likness said.

— Editor Richard Walker reports on local government, politics and economic development. E-mail rwalker@sanjuanjournal.com

Upcoming candidate forums

The League of Women Voters of the San Juans candidate forums are as scheduled:

Primary Election

— San Juan Island: Aug. 20, 7 p.m., Skagit Valley College San Juan Center.

— Orcas Island: Aug. 21, 7 p.m., Orcas Senior Center

— Lopez Island: Aug. 22, 7 p.m. location TBA.

General Election

— San Juan Island: Oct. 15, 7 p.m., Friday Harbor High School/Middle School.

— Orcas Island: Oct. 16, 7 p.m., Orcas Senior Center.

— Lopez Island: Oct. 17, 7 p.m., location TBA.

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