H. B. 2567


(By Delegates Schadler, Evans, Hamilton,
Rowan and Azinger)

[Introduced January 9, 2008; referred to the
Committee on Roads and Transportation then the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-8-5G, relating to allowing a political candidate to place temporary campaign signs within highway rights-of-way in a candidate's political district.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §3-8-5G to read as follows:
ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.
§3-8-5G. Roadside Campaign Signs.
(1) A candidate for political office in the state may place temporary campaign signs within highway rights-of-way in a candidate's political district.
(2) A temporary campaign sign:
(a) Is a light-weight sign, poster, placard or object commonly used to advertise a candidate.
(b) May not exceed thirty inches in width and twenty-four inches in height.
(c) May only remain within a highway right-of-way in a candidate's political district for a period of forty-five days prior to an election and seven days after an election.
(d) May not be used to display commercial messages.
(e) May not interfere with a motorist's use of a highway or right-of-way.
(f) May not restrict the visibility of any Division of Highways traffic signs, or interfere with any Division of Highways maintenance or construction.
(g) May be removed by the Division of Highways for a violation of any part of this section.
(3) The Division of Highways and the State of West Virginia are not liable for damages, injury or death resulting from the presence of a temporary campaign sign within or without the rights- of-way of state highways.
(4) The Division of Highways and the State of West Virginia are not liable for any damage to a temporary campaign sign.
 NOTE: The purpose of this bill is to allow a political candidate to place temporary campaign signs within highway rights- of-way in a candidate's political district.

§3-8-5G is new; therefore, strike-throughs and underscoring have been omitted.