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.