Possible Legal Issues of Joint Campaign Signs in the San Bernardino City Clerk and City Attorney November 2011 Elections

By Michael Reiter, Attorney at Law

This weekend, joint James F. Penman for City Attorney and Amelia Sanchez-Lopez for City Clerk signs popped up in San Bernardino.  Are there any issues in having joint signs?  I cannot remember a specific race that I can point to where there have been joint campaign signs, though a web search shows that they exist in other jurisdictions.  In local, non-partisan races, I can see such a move to be beneficial when a group of candidates want to run together as a reform slate, such as in a recall election, or a city council or school board election where a majority of the council or board can change in one election.

As far as legal issues, the ones that immediately pop into mind are sign code issues (being jointly responsible for the placement of your sign if it violates a sign ordinance (such as being in the public right-of-way).  Presumably, should that happen, both candidates could be held responsible for violating the code.   The other issue could be a campaign disclosure of in-kind contributions.  Say, for example, one well-known, well-financed candidate is paying for the sign, and the other, less-experienced, less well-funded candidate is piggybacking on the sign of the other.  There would need to be campaign disclosures of the in-kind contributions.

The only other issue that I can think of has created a joint sign that does not have the permission of the other candidate.  An example that I have seen online is when someone had a joint sign with a presidential candidate wherein the presidential campaign did not give permission for the sign.

The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.

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