With No Recall Effort Under Way, Are Walker Recall Signs Legal?

Wisconsin Gov. Scott Walker can't be the focus of a recall effort until the one-year anniversary of his election in November, but until then, is it legal to display a political sign on your front lawn advocating his recall?

The state Government Accountability Board, the agency that handles elections, says yes, but some Shorewood officials say it's unclear.

Talk about a recall against Walker have been heating up lately, as an effort likely imminent, but what are the rules governing political signs?

Shorewood Planning and Zoning Administrator Erika Lang says state statutes governing time limits on communication of political messages through signs contradict a 2004 court ruling. 

State law says election signs may be displayed during the campaign period, which is defined as the period beginning on the first day for circulation of nomination papers by candidates, or the first day on which candidates would circulate nomination papers, and ending on the day of the election.

Municipalities like Shorewood follow the state statute for displaying such signs but reserve the right to regulate the size, shape or placement of any sign if it is necessary to ensure traffic or pedestrian safety. Municipalities may also regulate any sign having electrical, mechanical parts or audio.

However, a case brought by the Wisconsin American Civil Liberties Union to the United States District Court for the Eastern District of Wisconsin in 2004 called Fiedorowicz v. City of Pewaukee invalidated any sort of time limit on displaying political signs, according to the ACLU.

The ACLU says it is a matter of free speech, and any kind of ordinance prohibiting property owners from placing political signs on private property is clearly unconstitutional, in an article about the court case.

"The ACLU urges municipal officials to refrain from enforcing sign ordinances to restrict political expression and to repeal ordinances that limit this venerable form of speech," the ACLU writes in the article.

In Shorewood, Lang said she’s been instructed not to enforce what the state statute says because of the court ruling and said she wonders why the state hasn't changed the law yet.

Christopher Jaekels, who serves as village attorney for Whitefish Bay and Bayside, said he just informed both villages about a week ago not to enforce the state statute because of different court rulings, including the 2004 court case out of Pewaukee.

Government Accountability Board spokesperson Reid Magney said Walker recall signs wouldn't fall under any rule governing election signs because the recall process can't begin until early November.

"Anyone can display a 'I Support Walker' sign or a 'Recall Walker' sign legally," Magney said.

However, confusion still remains.

Wauwatosa officials are confused about the rules governing 'Recall Walker' signs, according to a recent WISN 12 article. The city decided not to take down Walker recall signs because they are temporary and not technically for an election, at least not yet, according to the article.

Meanwhile, Whitefish Bay police say they will remove political signs if they are in a public area like a park and will go talk to residents about political signs in private property if a complaint is filed.

Jaekels said he believes Whitefish Bay police are on the right track. While they don't absolutely enforce the removal of signs on private property, he said it's about being courteous to your neighbor, because no one wants to stare at a political sign year round.