Are Kanawha County pro-gambling signs legal?
UPDATED:
We have learned the answer to the question posed on this from the Secretary of State's Office and post it to inform others who possibly were wondering the same thing. The Signs are legal in this kind of case:
"As the table games election is an issue oriented election and not candidates, that provision of code is not applicable. Specifically, the state supreme court has deemed it unconstitutional and has enjoined our office from enforcing this provision of law when it comes to issue oriented elections, therefore, these signs do not require the disclaimer."
-- Elections Division
NEVERTHELESS IT IS UNCLEAR TO THE PUBLIC JUST WHO IS PAYING FOR THE SIGNS AND BILLBOARDS.
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Signs encouraging a 'Yes' Vote for government-sponsored table games for tax revenues in Kanawha County West Virginia are springing up everywhere, while their legality is highly questionable.
There are ordinances and statutes prohibiting or restricting the placing of campaign or any unapproved signs near street traffic and public property, and the law requires printed notification of who is paying for them.
Specifically, the Secretary of State's office rules state,"Campaign advertising, printed signs and publications must have a disclaimer printed on it, stating the name of person or the campaign committee and the treasurer who paid for the item".
And the West Virginia code the rules come from states this:
3-8-12. Additional acts forbidden; circulation of written matter; newspaper advertising; solicitation of contributions; intimidation and coercion of employees; promise of employment or other benefits; limitations on contributions; public contractors; penalty.
(a) No person may publish, issue or circulate, or cause to be published, issued or circulated, any anonymous letter, circular, placard, radio or television advertisement or other publication supporting or aiding the election or defeat of a clearly identified candidate.
No such information is provided on these campaign signs! Just who exactly IS paying for them? Why do they not comply with laws regarding campaign signs?