Political signs, save for bumper stickers, can't be on public property near polling places

Reader question: Are there any rules on election signs being posted near a government building like a town hall that serves as a polling place?

Answer: Yes, but the rules differ depending on whether the signs are located on public property or private property.

Wisconsin statute 12.03 contains the follow sections:

• No person may engage in electioneering during polling hours on any public property on election day within 100 feet of an entrance to a building containing a polling place.

• No person may engage in electioneering during the hours that absentee ballots may be cast on any public property within 100 feet of an entrance to a building containing the municipal clerk's office.

The law defines electioneering as "any activity which is intended to influence voting at an election."

In my mind, campaign signs fit the definition of electioneering. I checked with Grand Chute Clerk Kayla Raatz, and she agreed. That means no such signs may be placed on public property within a 100-foot radius of the entrance to a polling place.

The maximum penalty for violating the law is a $1,000 fine, six months in jail or both.

More: Election signs cannot be placed in the public right of way

Watchdog Q&A: Duke Behnke answers your local government questions

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The law concerning electioneering on public property doesn't apply to bumper stickers on vehicles.

Other materials, such as directional signs that say "Vote here" or the "I voted" stickers that are available at the polls, also are okay. The materials might encourage people to vote, but they're not telling voters who or what to support on the ballot.

The prohibition on electioneering doesn't apply to private property. Campaign signs placed in a homeowner's yard are allowable free speech, even if the signs are within the 100-foot radius.

Signs on private land, however, are governed by other statutes. The Wisconsin Department of Transportation offers general guidelines for the placement of political signs, saying they are prohibited in state highway right of way but are allowed on private property "with the permission of the landowner as long as the sign does not exceed 32 square feet and has no flashing lights or moving parts."

Counties and municipalities also have sign regulations and ordinances. "It is the sign owner's responsibility to follow local laws," the DOT says.

Post-Crescent reporter Duke Behnke answers your questions about local government. Send questions to dbehnke@gannett.com or call him at 920-993-7176.

This article originally appeared on Appleton Post-Crescent: Political signs cannot be on public property near polling places