Councillor opposes prohibiting amount of time election signs can be set up

orilliapacket.com
Feb. 5, 2015
By Roberta Bell

Limiting how far in advance of an election candidates can put up campaign signs infringes on not only their rights, but the rights of the property owners who want to display them, says an Orillia councillor.

“I think that’s a slippery slope when you start taking away people’s options,” said Mason Ainsworth.

He opposed the motion passed by council committee Monday night prohibiting election signs on private or public property more than 45 days in advance of a vote. The exception in the motion is at campaign offices, where election signs can go up 90 days in advance.

Last July, the city received a letter from a constituent asking council to consider amending any necessary documents to restrict the number of days in advance candidates can display their signs.

Although Orillia’s municipal election wasn’t until Oct. 27, at least one candidate had signs out in July, the letter states.

The city’s manager of legislative services, Shawn Crawford, who has been at his job for seven years, said it was the only complaint he’s ever received about election signs being put up too far in advance.

“This is the earliest I’ve ever seen election signs go up,” Crawford told council committee Monday.

While the municipal code regulates election signs, it doesn’t include a timeframe.

“Election signs could be posted several months in advance of any election,” Crawford told council committee.

Coun. Ralph Cipolla supported the original motion.

“I think this is a great thing,” he said Monday night. “There are a lot of municipalities that follow this kind of rule.”

While federal and provincial election signs can’t go up until the writ drops, review of other municipalities’ election sign bylaws revealed most have their own limitations as well, according to a staff report.

In Brampton, signs can’t go up more than 24 days in advance; it’s 25 days in Toronto, 30 in Ottawa and 45 in Barrie, states the staff report.

The last day to register as a candidate in Orillia’s municipal election was Sept. 12 - exactly 45 days in advance.

Coun. Ted Emond also supported the original motion.

“This past election, it just so happened I put out signs 45 days before and it worked,” he joked Monday night.

Ainsworth, who filed his nomination papers in May, said he didn’t put out signs until mid-September, either, but said for newcomers like himself, having the option to do it earlier could help.

Cipolla and Emond, both former municipal politicians, were already well known in the community, Ainsworth said.

“Signs help new people get their names out there,” he said.

Nov. 1, 2007, Ontario’s Superior Court ruled the City of Vaughan’s election sign bylaw prohibiting signs from going up more than 21 days in advance was unconstitutional after a provincial candidate challenged it.

The bylaw infringed on freedom of expression, the court found.

Vaughan now has a 42-day-in-advance restriction, according to the staff report.

People have other types of signs on their lawns, some year-round, Ainsworth said.

“A lot of people are tired of these government regulations and rules,” he said.

When people cut their grass, they move the election signs, Cipolla said, and nine times out of 10, it’s on to public property.

“I think it’s a great idea and prevents clutter and litter all over the place and signs being stolen,” he said.

Before the motion passed Monday, Ainsworth proposed amending it to prohibit signs from going up more than 60 days in advance, but was unsuccessful.

He said he plans to bring an amendment or try to stop the motion from being ratified at council’s regular meeting Monday.