Campaign signs don’t win elections

 

Sounds like you need an effective marketing plan and sound public policy, not 70 signs cluttering the roadways of the US Virgin Islands.

Personally, I find campaign signs to be a waste of public property, an eyesore, and a hazard along the public roadways, but my opinion matters not. Let's focus on the facts.

Like most of the United States, the USVI has regulations regarding billboards and their placements. However, unlike the US, many people--specifically and ironically political candidates--don't seem to care about the laws surrounding these advertising devices.

For a brief history, the regulations for billboards were established in Title 29, Chapter 9 of the Virgin Islands code in March 1968 through the 7th legislature of the Virgin Islands. 29 V.I.C. § 501.

The Legislature finds that the regulation of billboards and similar advertising devices along the public highways of the Virgin Islands is necessary to promote the safety, comfort, security and welfare of the people of this territory, to conserve the natural beauty of areas adjacent to such public highways and to safeguard the economic interest of the people in the tourist potential in the Virgin Islands.

The code makes it clear that regardless of whether it is on public or private property, advertising devices (ie. billboards, notices, signs etc.) within 50 ft of the centerline of any public highway in the Virgin Islands can only be erected with a written permit granted by the Department of Public Works. 29 V.I.C. § 502 As well, there are associated fees that come with the permit. What does this mean? To put it simply, the closer you are to the centerline of the road, you must pay for a permit to place your sign, etc. At no point can you place a sign less than 10 feet from the outer edge of any such highway and electronic/digital billboards (as of 2018) are also strictly prohibited.

The erection or maintenance of any advertising device upon any publicly owned and controlled street, sidewalk, park or other real property, or the erection and maintenance of any such device located within fifty (50) feet from the center line of any public highway in the Virgin Islands, whether on public or private property, without a written permit therefor granted by the Commissioner of Public Works pursuant to this chapter is prohibited, but in no instance may the advertising device be located less than 10 feet from the outer edge of any such highway or be a changeable electronic variable message sign, or a digital billboard or smartboard that has animation, movement or the appearance or optical illusion of movement of any part of the sign structure.

So why do sitting senators and candidates continuously attempt to outright violate this law?

This issue starts at Section 508 of this chapter (29 V.I.C. § 508), which includes a list of exemptions. At one point the legislature decided that politicians didn't need to pay for their signs. However, former Senator Myron Jackson-- through Bill No. 32-0059 now Act No. 8051--rectified this issue in the 32nd legislature and removed political campaign signs from the list of exemptions.

  • Bill Summary: Increases fees for various categories of advertising devices, abolishes the exemptions from permit fees for candidates seeking elective office and bans the use of digital billboards --Bill No. 32-0059

  • Act No. 8051 as signed into law.

However, we have esteemed senators and political aspirants who feel they are above the law. When you get the chance, ask your candidates or their supporters if they've ever filled out an advertising device permit with the Department of Public Works. Chances are they either 1) Have not or 2) don't even know what that is.

For instance, Sen. Marvin Blyden has made it very clear he disagrees with paying for campaign signs. So much so that he even began penning legislation to return political campaign signs on the list of exemptions.

It was adopted into Bill No. 34-0298 whose primary sponsor is former Senator Genevieve Whitaker who also does not believe political campaign signs should be paid for.

Senators often do this...thing where they write bills about one or multiple related things but slip in extras not included in the bill summary that you otherwise wouldn't notice, or just outright do not make sense. (Ie. A bill about snakes and imported animals that included a section about salaries for senators.)

Bill No. 34-0298 began as a bill appropriating $500,000 from the Emergency Services Fund to the Department of Health for the purposes authorized in 33 VIC § 3099(d) (Original bill)

By the time the bill was sent to the governor, the bill went from having just two sections to 34. The unnecessarily long bill now covered:

  • $500,000 from the Emergency Services Fund to the Department of Health for the purposes

  • hazardous duty pay differential for all Emergency Medical Services employees of the Virgin Islands Department of Health transferred to the Virgin Islands Fire and Emergency Medical Services

  • the appointment of the Supervisor of Elections, compensation of election workers and for other related purposes

  • allow retirees of the Government of the Virgin Islands to re-enter the service of the government in the legislative and judicial branches by appointment or contract

  • and for other purposes

  • Reference: Act No. 8690

"And for other purposes" included Section 14 that casually slipped in: "Title 29 Virgin Islands Code, chapter 9, section 506 is amended by reenacting subsection (b) to read as follows: (b) subsection (a) does not apply to temporary advertising devices of candidates seeking election to public or party office."

Unfortunately for the bill's sponsors, the governor struck several portions of the bill which included, in its entirety, section 14. The governor's veto was never overridden so once again, by law, political signs must be paid for.

As I type this, numerous campaign signs are scattered throughout the territory, and I can promise you the majority of them are sitting there illegally. I can name them all. Because I have the list and the facts.

Did you know, putting up a sign or advertisement on government, public, or private property without a permit or approval by the owner is a real property crime, subject to a fine of up to $200, up to a year in prison, or both, under V.I. Code 14 V.I.C. section 1742.

Well, you know now. Maybe we could fix this "election litter" problem by simply sending offenders to jail. After all, if they aren't interested in paying the miniscule fee to post their signs, I doubt they'll pay their $200 fine.

As well, signs are expected to be removed after the event has taken place or if it has been found in violation of the regulations 29 V.I.C. § 507. However, we have senators like Franklin Johnson who has had a sign lurking in the bushes by Freedom City Gas Station in Frederiksted for years.

(May 20, 2024) A unpaid campaign sign abandoned by Franklin Johnson sits buried behind unkept vegetation on private property since the previous election. It has since been cleared.

Minor offenses like these shows me that many senators, despite pontificating on the senator floor about "following the law," pick and choose which aspects of the laws they themselves have to follow. These character flaws are quite telling.

It's quite ironic when you think about how just recently, they were miffed that the Director for the Bureau of School Maintenance and Construction was missing certain qualifications by law to hold his position. They're right, of course, if the law requires it, then it should be so. So maybe they should lead by example.

While the director has his qualifications listed in a law somewhere by people who have never constructed or been near anything engineering related, when it comes to our candidates there's not much to be said in the qualifications realm. So, I can understand why they feel they need 80 signs every 3 ft of a roadway.

Unfortunately for them, signs do not tell a voter who is most qualified to hold office.

And more unfortunately for the community, what may just be an illegal advertisement on November 5th, will become litter and a nuisance on November 6th.

P.S.

Good luck on election day!

And for our residents, like they said on "The Fish Fry" stop doting and start voting!

 
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