7/22/2020

Signs of Election Popping Up All Over!

Even the coronavirus cannot stop the upcoming election cycle in our country. Campaigning and voting will take place in spite of this pandemic. Already the signs of our impending election are popping up along our streets and in our yards.

Here are two common questions that surface nearly every election cycle in HOAs.

  • Are election signs allowed in yards?
  • Are campaign workers allowed to come door-to-door even though we have a no solicitation sign at our community entrance?

Election signs are allowed, but within rules determined by the Nevada Revised Statutes (NRS 116.325). Signs are allowed in the unit owner’s physical property within the community, but limited in size to no larger than 24 inches by 36 inches, and only one sign per candidate, party, or ballot question. Owners of units that are rented must have permission from the tenant to display signs on the rental property.

Another question that surfaces during election cycles is whether or not canvassers can legally come into a community to campaign door-to-door. This question is much more difficult to answer than the first one.

Visible “no trespassing” signs prohibit entrance to any uninvited individual; however, campaigning is inextricably intertwined with free speech as opposed to selling a product, which is solicitation for goods. So there seems to be an ethical component (and in some situations a legal component) to restricting campaign workers from distributing pamphlets and circulating petitions for their preferred candidate(s).

Consider city and county codes where you reside. Clark County code is most likely different from Washoe County’s, and so on. When making the decision to allow or not allow campaigners into your neighborhood, you should check with your legal counsel as to restrictions in your local area. With all that said, it is universally accepted that if any person fails to leave an individual's private property once they have been asked to vacate the premises, they can be deemed a trespasser.

As Americans, our greatest responsibility as well as our most cherished right is that of being able to vote. Educating oneself about the candidates, talking to others, reading pamphlets and news articles, along with learning about the issues are all ways to make a responsible and educated vote. November 3 will be here before we know it. Get ready!

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