Political signs

A campaign sign is someone’s property. Taking one can be charged as theft, and damaging one as criminal mischief, no matter which candidate or issue it supports. Where a sign may be placed depends on who owns or controls the land.

Taking or damaging a sign

• Theft by unlawful taking: taking someone else’s property with intent to deprive the owner of it. For property worth less than $500, it is a Class B misdemeanor, punishable by up to 90 days in jail.
• Criminal mischief in the second degree: intentionally or wantonly defacing, destroying or damaging property, with no right to do so, causing a loss of less than $500. It is a Class A misdemeanor, punishable by up to 12 months in jail. It drops to a Class B misdemeanor if, before trial, the person repairs or replaces the property, pays full restitution or completes court-ordered community service.
• Criminal mischief in the first degree: the same conduct causing a loss of $500 or more is a Class D felony.

Signs on private property

Property owners decide which signs go on their land. Posting a sign on someone else’s property or on public property with no right to do so can be charged as unlawfully posting advertisements, a violation punishable by a fine. In a planned community, the homeowners association’s governing documents may not prohibit political yard signs on an owner’s or resident’s own property. Under that law, signs may go up 30 days before an election and must come down seven days after it, unless a local ordinance allows longer. The association may set reasonable rules. City and county sign ordinances vary.

Polling places

Displaying signs counts as electioneering, which is prohibited within 100 feet of any entrance voters use at a building where voting is taking place. The rule does not apply to signs on private property inside that zone, displayed by its owner or tenant.

Public right of way

On a state-maintained road, state law treats a sign in the right of way as an encroachment that requires a permit from the Department of Highways. The Transportation Cabinet’s District 6 office, which serves Campbell County, has said that only official highway signs and permitted items are allowed there, and that nothing may be attached to right of way fences, road signs or utility poles.

If the department issues a notice of violation, the responsible party has seven days to remove the sign and faces a civil fine starting at $500. If the sign stays, the department removes it and recovers the cost. The statute assigns removal to the department, not to rival campaigns or passersby. Rules for city streets and county roads vary.