Oops: Some are Violating Concord's Political Sign Ordinance

The filing period for school and city political candidates in Concord has ended and if you drive around town, you’ll see political signs started to pop up … But wait … (insert swerving sound here) … political signs aren’t supposed to be posted yet.

According to Concord’s Code of Ordinances, specifically, the Signs Allowed and Exempted from Permit Requirements 28-6-3-(j)1, signs erected in connection with elections or political campaigns pursuant to the state’s Political Advertising section are only allowed to be posted on private property no sooner than 45 days prior to an election. In the case of the Nov. 3, 2015, city election, Saturday, Sept. 19, would be the soonest time signs can be posted. Signs are not allowed on any public property although campaigns do post them on public property. Signs need to be taken down 10 days after the polls closed.

City officials confirmed the information in the ordinance was accurate. Candidates were not warned in their packets not to post the signs until Saturday. As well, there is no penalty for posting the signs early. If there are complaints, especially with signs on public property, Code Enforcement employees will come out and remove the signs.

“Employees do go out there and monitor the signs because we’ve gotten so many calls about them (with people saying) ‘I can’t stand these signs all over the place’,” according to Mike Santa, the head of Code Enforcement. “It forces us to kind of be vigilant and pick up the signs where they aren’t supposed to be.”

Santa said there were certain “hot spots” in the city they keep an eye on but have not – and won’t – take signs from private property, even if they currently violate the ordinance.

“Anything on private property, we can’t regulate,” he said. “It’s private property … it’s freedom of speech, so to speak.”

The ordinance, it turns out, may be unconstitutional, since it specifically applies to regulating signs on private property. Politically signs aren’t, technically, allowed on any public property, even if officials can’t keep up with the removal or don’t when the heat of election season really ramps up. But previous case law changed the state law – NH RSA 664:17 –that the Concord ordinance was based on.

For this reason, City Solicitor Jim Kennedy stated that neither Code Enforcement nor the city clerk’s office would be putting the kibosh on the early sign placements unless on public property.

“The city is not going to enforce any ordinance that’s contrary to state or federal election law,” he said.

Kennedy, who worked for the New Hampshire Attorney General’s Office in the election department previously, added that it would be prudent for officials to look at the city’s election law ordinances and update it so that they comply with other laws and changes to the state law.

A number of candidates were emailed about the ordinance violation with only two responding – Mayor Jim Bouley and School Board member Nathan Fennessy.

Fennessy said he put one sign up last night during the Republican presidential debate. Bouley said he knew the rule which is why he doesn’t post his signs until October. He was surprised to find out some of his signs were up since he thought he had picked them all up from the 2013 election. He said he would reach out to supporters and have them removed until Saturday.

CAMPAIGN 2015 NEWS ROUNDUP:

• For Coen, It’s Steady as She Goes
• Filing Period Ends Leaving Voters with Numerous Choices for November
• Brogan Launches Bid for Concord Mayor
• Artist, Activist Jumps into Concord School Board Race
• Bouchard Vies for Re-Election in Concord’s Ward 9
• Ardinger Out of Concord School Board Race
• McClure Out in Ward 3
• Baer Gives At-Large Concord City Council Race Another Try
• First Concord School Board Candidates File
• Concord City Council Update: More Incumbents to File
• Former Police Officer Runs for Concord City Council
• Bouley, Herschlag, Others Line Up to Run for Concord Offices
• Conners: A Continuing Problem in Concord
• Report: Bouley to Seek Re-Election
• Herschlag: Attack the Victim and Ignore the Problem