FACTSHEET
FEDERAL REGULATIONS:
Department of Transportation's Federal Highway Administration (FHWA)
policies and requirements, Subpart G-Outdoor Advertising Control:
23 CFR (Code of Federal Regulations), Chapter I (4-1-93 Edition), §750.704
(Statutory Requirements): Restricts signs adjacent to Interstate and Primary
highways which are visible from the main-traveled way and within 660 feet of
the edge of the right-of-way to the following:
1) Directional and official signs;
2) Signs advertising the sale or lease of
property upon which they are located;
3) Signs advertising activities conducted
on the property on which they are located;
4) Signs which are zoned industrial or
commercial under State law;
5) Signs which are unzoned industrial or
commercial as determined by the State and the U.S. Secretary of Transportation;
and
6) Landmark signs which have been lawfully
in existence since October 22, 1965.
STATE REGULATIONS
A. GENERAL REGULATIONS
§11-391 Advertisements. All
political advertisements must contain the name and address of the candidate,
committee, party, or person paying for the advertisement. In addition, advertisements supporting or
opposing a candidate must have a prominent notice that the advertisement has or
does not have the approval and authority of the candidate. Bumper stickers and other small campaign
items are not covered by this requirement.
§264-6 State highway not to be disturbed without permit. No person or government agency, whether
federal, state, or county, shall, in any manner or for any purpose do any of
the following acts without a written permit from the director of transportation
or the director's authorized representative:
(2) Place,
erect, leave, or store any structure, motor or other vehicle, equipment, or any
other object wholly or partially within the right-of-way of any state highway;
provided that this paragraph shall not apply to the holding or displaying of
movable signs, for the purpose of carrying on political campaign activities.
§264-72 Control of outdoor advertising.
No person shall erect or maintain any outdoor advertising outside the
right of way boundary and visible from the main-traveled way of any federal-aid
or state highway within the State, except for the following:
(1) Directional and other official signs and
notices;
(2) Signs, displays, and devices advertising
the sale or lease of the property upon which they are located.
(3) Signs, displays, and devices advertising
activities conducted on the property upon which they are located.
(4) Signs lawfully in existence on October
22, 1965 that have been determined as landmark signs.
§445-112 Where and when permitted.
No person shall erect, maintain, or use a billboard or display any
outdoor advertising device, except as herein provided:
(11) Signs urging voters to vote for or against
any person or issue, may be erected, maintained, and used, except where
contrary to or prohibited by law.[1]
§445-113 Regulation by counties. Except
for outdoor advertising devices authorized under section 445-112 (16) and (17),
the several counties may adopt ordinances regulating billboards and outdoor
advertising devices not prohibited by section 445-111 to 445-121.
B. ELECTION DAY REGULATIONS
§11-132 Electioneering.
"...(a) The precinct officials shall post in a conspicuous place,
prior to the opening of the polls, a map designating an area of two hundred
feet from the perimeter of the polling place and its appurtenances. Any person who remains or loiters within an
area of two hundred feet from the perimeter of the polling place and its
appurtenances for the purpose of campaigning shall be guilty of a misdemeanor.
For the purposes of this section, a polling place and its appurtenances shall
include:
(1) The building in which the polling place
is located;
(2) Any parking lot adjacent to the building
and routinely used for parking at the building;
(3) The routes of access between the building
and any parking lot; and
(4) Any route of access between any public
thoroughfare (right of way) and the polling place to ensure an open and
accessible ingress and egress to and from the polling place for voters...
"...(d) Within the
appropriate boundary as established in subsection (a), and the building in
which the polling place is located, the display or distribution of campaign
posters, signs, or other campaign materials for the purpose of soliciting votes
for or against any person or political party or position on a question is
prohibited. Any voter who displays campaign material in the polling place shall
remove or cover that material before entering the polling place..."
§19-6(7) Misdemeanors. Any
person, including candidates carrying on any campaign activities within the
area described in section 11-132 during the period of time starting one hour
before the polling place opens and ending when the polling place closes for the
purpose of influencing voters. Campaign
activities shall include the following:
(A) Any
distribution, circulation, carrying, holding, posting, or staking of campaign
cards, pamphlets, posters and other literature;
(B) The
use of public address systems and other public communication media;
(C) The
use of motor caravans or parades; and
(D) The
use of entertainment troupes or the free distribution of goods and services;
RESOLUTIONS:
House Resolution No. 193 (1986) requests that all candidates for elective
office refrain from curbside sign-waving.
General Regulations:
There are no regulations at present
prohibiting the use of political campaign signs fixed to the ground or to a
structure.*
Campaign Headquarters Signs: Signs identifying
the campaign headquarters of a political candidate are permitted, and are
regulated as business signage. Such signs must be located on the premise of the
headquarters, and are subject to the Land Use Ordinance (LUO) sign regulations
regarding number, type and size for the underlying zoning district (Section
21-3.90-3). A sign permit needs to be issued by the Department of Planning and
Permitting before a headquarters sign may be installed. Call the Building
Permit Section at 523-4505 for more information and/or clarification of the
rules governing campaign headquarters signs.
Window Signs: Political signs
which are posted inside windows are permitted in the candidate's bona fide
campaign office.
Bumper stickers: The LUO does not
regulate advertisements fixed to a motor vehicle.
Hand-Carried Signs: The LUO does not
regulate political signs carried by individuals.
*NOTE: Political
campaign signs fixed to the ground or structure were prohibited under Section
21-3.90-2(d) of the Land Use Ordinance (LUO).
However, this prohibition was found unconstitutional by the courts in
1990.
However,
citizens are encouraged to be aware of existing County and State laws
concerning the displaying of political signs with respect to pedestrian and
motorist safety.
Maui
Section 16.12A.090 Signs authorized for
all districts without a permit.
(D) Signs or posters
not exceeding eighteen square feet in display surface,
announcing candidates seeking political
office; provided that such signs or posters shall be permitted only for a period
of seventy-five days preceding a general or special election and for a period
of ten days following such election.
Note: Act 194, signed into
law on June 18, 2003 amended HRS Sec.
445-112(11) to remove any durational limits on the posting of political
signs. As such, any durational limits on
the posting of political campaign signs in the
required.
Ordinance No. 723 (Amending Chapter
15, Article 4 of the Kauai County Code 1987) relating to Outdoor Signs:
Section 15-4.6 Signs Not Requiring A Permit.
The following types of signs are exempt from
the permit requirements of this Article, but must comply with the requirements
of Section 15-4.4; Section 15-4.7 and Section 15-4.10 of the Kauai County Code
1987, as amended.
(a) Temporary Signs
(2) Political Campaign Signs. Any sign
which:
(A) Identifies the headquarters of a
political candidate and shall not exceed the size limitations set forth in
Section 15-4.5(b).
(B)
Identifies and/or provides information about a political candidate or issue to
be voted upon. It shall not be posted within the right-of-way boundary of any
public road or highway and shall not block, obstruct or impede, partially or
completely, any public sidewalks or pedestrian walkway and shall not exceed the
size limitations set forth in Section 15-4.5(b) of the Kauai County Code 1987.
For more information please call the
Department of Public Works at 241-6662.
This
Factsheet is intended for informational purposes only and should not be used as
an authority on the Hawaii election laws.
It is distributed with the understanding that the Office of Elections is
not rendering legal advice and therefore is not to be used as a substitute for
legal counsel. Readers should consult
the Hawaii Revised Statutes, the United States Constitution, the Hawaii State
Constitution, the County Charters, Attorney General Opinions, and other sources
for a complete and legal basis of the law.
Office of Elections
802 Lehua
Avenue
Pearl City, Hawaii 96782
Phone: 808-453-VOTE (8683)
Neighbor Island Toll Free:
1-800-442 VOTE (8683)
TTY: 808-453-6150
Internet:
www.hawaii.gov/elections
Office
of Elections - FSVS501H
Rev.
01/02/2013