2023 South Dakota Legislature

House Bill 1099

An Act to permit the display of campaign signage in municipalities prior to the beginning of absentee voting.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 9-30 be amended with a NEW SECTION:

A campaign sign that is less than four square feet in area may be placed on private property in a residential zone adjacent to a transportation right-of-way by or with the permission of the property owner no more than forty-five days prior to the beginning of absentee voting in a primary or general election and may continue to be displayed through election day. A municipality shall determine the time after a primary or general election when campaign signs must be removed.

A campaign sign that is less than thirty-two square feet in area may placed on private property in a business, commercial, or industrial zone adjacent to a transportation right-of-way by or with the permission of the property owner no more than forty-five days prior to the beginning of absentee voting in a primary or general election and may continue to be displayed through election day. A municipality shall determine the time after a primary or general election when campaign signs must be removed.

A campaign sign may not be placed in a right-of-way and may not be placed in such a way as to obstruct or impede the visibility of the right-of-way. A municipality may impose reasonable regulations on the illumination of the sign or sound emanating from or in proximity to the sign to protect the safety of those who use a right-of-way against any encroachment by a campaign sign.

Advertising billboards, electronic signage, murals, or other larger permanent structures are exempt from the provisions of this section.

For the purposes of this section, the term, campaign sign, means a sign identifying and urging voter support or opposition for a particular election issue, political party, ballot question, or advocating a candidate for public office.