Every election cycle presents
unique challenges for public bodies. To
stay ahead of these possible issues, one thing to add to your checklist is
the review of your sign ordinance to make sure you are prepared to address any
issues that arise related to the regulation of election and campaign
signs. 

First, you should confirm your sign
ordinances does not single out political signs. Municipal officials should be
aware of restrictions on their authority to regulate temporary election and
campaign signs on private property. Illinois law prevents municipalities from
prohibiting the display of temporary outdoor political campaign signs on
private residential properties. 65 ILCS 5/11-13-1(12). Municipal sign codes
also cannot impose stricter time restrictions on the display of temporary
election and campaign signs than other signs (such as “for sale” signs or
holiday decorations). Placing stricter time display requirements only on
temporary political signs is a content-based regulation and could result in First
Amendment lawsuits against a municipality. Your ordinance cannot, for example, permit real estate signs all year
round, but only permit political signs for a certain time period. Your sign regulations must be content neutral.

Second, while your public body
can prohibit campaign signs from being placed on government property (public rights of way, for example), it is important to know that candidates or their supporters are allowed to place temporary election and campaign signs on public
property outside the designated campaign-free zone during the time period that polls are
open for voting on primary and general election days. Special rules apply to political and campaign
signs on public property during an election day, and an “election day” is
considered any day that early voting may be occurring on your property – it is
not just the official day of the election. If your governmental property is a
polling place, Illinois law prohibits any electioneering activities within a
polling place where voters cast ballots and within 100 feet of a polling place.
10 ILCS 5/17-29. As such, on an
“election day,” no election or campaign signs may be placed within this 100-foot
designated campaign-free zone, but congregating and engaging in electioneering
activities (such as placing election and campaign signs) are permitted on
public property outside the designated campaign-free zone. There are special
rules for the location of the designated campaign-free zone depending on the
unique characteristics of a polling place, which may result in you having to
measure the distance from the polling place to see where the campaign-free zone
ends. Depending on the measurements from
your specific polling place location, you may actually have to permit
electioneering within your public building outside of the 100 feet
campaign-free zone.

Under section 17-29(c) of the
Election Code, the regulation of electioneering on polling place property on
election day, including the placement of temporary signs, is an exclusive power
and function of the State, so this preempts home rule municipalities from adopting any laws inconsistent with this statute.

Post Authored by Keri-Lyn Krafthefer & Tyler Smith, Ancel Glink