Yesterday morning as I left the Uptown Cafe in Italy, I noticed several signs nailed to posts along Highway 34 and adjoining streets. These signs encouraged the reader to vote “NO” on the school tax rollback.

The signs stated, “Stop Higher Taxes. Vote No. It’s Our Money. Pd. Pol. Adv. Taxpayers Alliance for Good Government P.O. Box 15241 Red Oak TX 75154 EllisTaxpayers.com.”

Having written an article last year about the legal requirements for political advertising signs, I immediately noticed two things.

1. I could not help but notice the signs were illegally placed in the right of way of a state highway. Please note the word illegally.
2. Next I noticed the signs did not have the required wording about said state right of way.

Here is what the law states:

Sec. 255.007. NOTICE REQUIREMENT ON POLITICAL ADVERTISING SIGNS.

(a)The following notice must be written on each political advertising sign:
“NOTICE: IT IS A VIOLATION OF STATE LAW (CHAPTERS 392 AND
393, TRANSPORTATION CODE), TO PLACE THIS SIGN IN THE RIGHT-OF-WAY OF A HIGHWAY.”
(b) A person commits an offense if the person:
(1) knowingly enters into a contract to print or make a
political advertising sign that does not contain the notice
required by Subsection (a); or
(2) instructs another person to place a political
advertising sign that does not contain the notice required by
Subsection (a).
© An offense under this section is a Class C misdemeanor.
(d) It is an exception to the application of Subsection (b)
that the political advertising sign was printed or made before
September 1, 1997, and complied with Subsection (a) as it existed
immediately before that date.
(e) In this section, “political advertising sign” means a
written form of political advertising designed to be seen from a
road but does not include a bumper sticker.

Section 1 states:

(d) This section does not apply to:
(1) tickets or invitations to political fund-raising
events;
(2) campaign buttons, pins, hats, or similar campaign
materials; or
(3) circulars or flyers that cost in the aggregate
less than $500 to publish and distribute.
(e) A person who violates this section is liable to the
state for a civil penalty in an amount determined by the commission
not to exceed $4,000.

I googled Alliance for Good Government to try and find out what the organization was and who was in charge of it. Their website listed a phone number so I called it. I was very surprised when Joey Daubin answered. I told him his signs that were placed in Italy were illegal because they did not have the necessary wording required by law and I asked him to have them removed immediately. He told me he was on his way to Ft. Worth and could not do that at that time, but he would look into it later.

I received a call from him later and he told me he had checked with his legal representative and the signs did not have to have that wording on them because they had not cost over $500. In fact he told me he only spent $30. I told him the signs were placed in a state highway right of way and that was a Class C misdemeanor. He told me he had no plans to remove the signs. At that point I told him I would do whatever I could to pursue the issue.

Clearly the signs were not circulars or fliers. They were signs because they were and are a written form of political advertising designed to be seen from a road but does not include a bumper sticker.

Someone from Italy spoke with TxDOT yesterday and was told that the signs were illegally placed in the right of way. I am not sure if TxDOT removed the signs, but the ones along Hwy 34 here in Italy have been removed.

I am wondering why someone that does not live here and cannot vote in our election is working so hard to sway our voters to vote his way. I also wonder why someone that represents “good government” would not research the law before he acted with signs. Yes, they are political signs because they were intended to be seen from a road.

I will never try to tell anyone how to vote. I will tell you how I voted on this one. I voted early at the school and voted YES for the following reasons:

If the election is successful, we will have access to state funds we will not be able to receive if it does not pass. I cannot believe someone would not want free state money. Yes it will cost some taxpayers.

The air conditioners at the school are 15 and 25 years old. I remember attending Italy schools when there was no air conditioning and how hard it was to concentrate when it was so hot. We need energy efficient air conditioners which will save utilities.

There is support staff at the school that have not received a raise in 5 years. I asked the school and this is what I was told. They work hard and deserve this raise.

There are other things like technology that the money will be spent on that are necessary.

We will receive this state money not just one year but from now on. It is a win-win situation.

I wonder when someone from another area comes in and tries to influence voters if he or she has a hidden agenda that we do not know about.

I know that Joey Dauben and his organization has the right of free speech. Everyone does. However, no one has the right to break the law while exercising that right.

I plan to file a complaint regarding the illegal and illegally placed political signs because that is my right. I am encouraging everyone else to do the same.

Please vote on Saturday.