By Moses Leos III.
Pass through Main Street in Buda, and the hallmarks of political fervor are hard to ignore. It is the fight over where to put those signs that stirred up controversy – mostly behind the scenes.
For the past few weeks, confusion over where signs can and cannot be placed surfaced from several avenues. Contrary to popular belief, candidates cannot place signs wherever they please; there are rules.
According to the Texas Ethics Commission, signs such as the ones along Main St. (Loop 4), fall under political advertising. Such advertising either supports or opposes a measure, political party, or candidate.
Any advertising with expressed advocacy – including “vote for, elect, support, defeat” – must disclose who paid for the advertising, with the words “political advertising” in plain sight.
At top: As early voters made their way to the polls last Friday in Buda, they were welcomed by the familiar appearance of political signs near City Hall. However, the removal of signs near the intersection of FM 967 and Main Street has placed the city and Place 1 candidate Wayne Proctor at odds. (Photo by David White) |
According to Section 255.007 of the Texas Election Code, all signs must have this notice printed on them:
“It is a violation of State Law (Chapters 392 and 393, Transportation Code) to place this sign in the right-of-way of a highway.”
Buda council Place 1 candidate Wayne Proctor, who is running against Angela Kennedy, had several of his political signs removed from the area in front of city hall. He was confused and perturbed by the action.
“For 30 years, that area has been designated for political signs,” Proctor said.
He claimed the city and the state have undergone a “joint effort” to purposely remove political signs from the corner of FM 967 and Main Street.
Proctor is correct; signs were allowed at that intersection in years past. But according to City Manager Kenneth Williams, it was determined prior to this election cycle that the area falls under Texas Department of Transportation (TxDOT) right of way.
Williams said the city was not involved in the removal of political signs at that intersection. He said someone alerted TxDOT, who in turn contacted the city.
The city and TxDOT then discussed where the state ROW boundaries end. They determined that the corner of Main Street and 967 is under TxDOT’s authority.
“The city did not remove those signs,” he said. “We had nothing to do with it.”
But Williams said Buda began to focus on enforcing its own ROW rules.
“A Right of Way as defined in the City’s Unified Development Code is ‘Any dedicated area where a street, highway, thoroughfare, parkway, road, avenue, alley or other vehicular use facility is or will be constructed for public use,’” according to Buda City Engineer Stanley Fees.
Buda gadfly Tommy Poer said she filed a complaint with the Texas Ethics Commission regarding political signs against both Wayne Proctor and candidate Amy Proctor, who is running for Buda council place two. Wayne and Amy are married. Poer she was not the person who contacted TxDOT about the signs.
After Proctor received notification of his confiscated signs, he consulted someone he called an engineer about where the TxDOT ROW boundary ends and the city’s begins. He then said he moved three of his signs “one foot” out of the state right-of-way. However, one hour later, Proctor said the city confiscated his signs.
Williams said the signs, some of which were set up in front of the Buda Library, fell in violation of the city’s right-of-way.
Chance Sparks, Buda Planning Director, said any signs in violation of city code are picked up. Candidates are notified, and are able to pick them up, and/or have them dropped off. According to city staff, no signs have been picked up in the last two weeks.
At least one other candidate has not experienced similar issues with political signs. Angela Kennedy said she has not had “any significant issues” regarding sign placement.
In an emailed response, she said she consulted the city and TxDOT regarding signs.
“I did contact the city and TxDOT to verify the exact location of right-of-way throughout Buda, in particular downtown.”
During a recent candidate forum, Kennedy and Place 2 Incumbent Wiley Hopkins referenced the 124-page manual given by the city regarding the subject of political signs.
Williams said all candidates were informed of the rules regarding signs. He also said the city does not disrupt the election process.
“The city does not get involved in the process,” Williams said. “We are consistent with all candidates. We only enforce our laws in the right-of-way.”
