Posters may only be erected for a certain specified time period before an election. This time period is either (a) 30 days before the poll date or (b) from the date the polling day order for the election has been made, whichever provides the shorter period of time.
Examples :
- The 2009 Local Elections Order was signed on 31 March 2009 and fixed polling day for 5 June 2009. Therefore the number of days to the poll was 67 days and the 30 day period applied. Posters could be erected in that case from 6 May 2009
- The 2011 General Election Order was signed on 1st February and fixed polling day on 25th February 2011. Therefore, the number of days to the poll was 25 days and the 30 day period did not apply. Posters could be erected in that case from 1 February 2011.
- Can posters be put up on billboards?
- Can people parking vehicles with election/referendum slogans printed on the side in free parking spots?
- Can local authorities remove posters?
- What penalties are in place for breaches of the legislation governing election/referendum posters?
- Does the name and address of the printer and publisher have to be printed on the poster?
- What is the penalty if the name and address of the printer and publisher is not printed on the poster?
- Election Posters and Road Safety Law
- Election Posters and Planning Law
- The following guidelines may be helpful in ensuring that posters are not a hazard to the public:
This is commercial advertising, not election/referendum postering as such - any person may buy this advertising space at any time of the year to advertise their product/service. There are planning regulations relevant to this type of advertising space so check with your local authority planning section.
This is not an offence under the Litter Pollution Acts, however, section 19 of the Litter Pollution Act 1997 does make it an offence to place adverts (e.g. flyers) on mechanically propelled vehicles unless they are secured by mechanical means. This, for example, prohibits the placement of flyers under wiper blades.
Section 20 of the Litter Pollution Act 1997 gives local authorities powers to serve notices on occupiers of property, visible from a public place, to remove advertisements, if it appears to the local authority that it is in the interests of amenity or of the environment of an area to do so.
The responsibility for enforcement of litter law lies with the local authority. Any election/referendum posters in place before or after the stipulated timeframe are deemed to be in breach of the legislation and are subject to an on-the-spot litter fine of €150 euro. Local authorities are also responsible for the removal of posters which constitute a hazard to either pedestrians or road users. Complaints about such posters should be made directly to the appropriate local authority stipulating their exact location to enable local authorities arrange for their removal
Yes . Legislation requires that every notice, bill, poster or similar document having reference to a referendum or Dáil, local or European parliament election or distributed for the purpose of furthering the candidature of any candidate at an election must have printed on its face the name and address of the printer and of the publisher thereof. The omission of the name and address of the printer and publisher is an offence.
Where a person is guilty of an offence, such person shall be liable on summary conviction to a fine not exceeding €634.87 euro or, at the discretion of the court, to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
Where can posters be erected so they do not cause a disruption to road users?
The Road Traffic Acts contain requirements in relation to maintaining clear lines of sight for road users which may impact on where posters can be placed, e.g. not on road signs, at traffic junctions or on roundabouts where they may cause road safety risks.
It is an offence to erect any sign or notice that makes a traffic sign less visible to road users (Road Traffic Act 1961, Section 95, Subsection 14).
Those erecting posters should exercise extreme caution when on or near roadways and should be aware of their own and other road users physical safety, e.g. crossing busy roads, obstructing footpaths, parking of vehicles etc.
For more information, check with the Roads section of your local authority.
Are there any planning requirements for putting up posters?
In general planning permission is required for the erection of posters unless specifically exempted.
Part 2 of Schedule 2 of the Planning and Development Regulations 2001-2013 provides that the erection of election posters is exempted development subject to certain conditions and limitations and the general restrictions on exemptions provided for in article 9 of the Regulations.
Posters should be erected at a minimum height of 2.3 metres above footpaths, cycle tracks or any area to which pedestrians have access
Posters should not be erected on lamp standards with overhead line electricity feed, traffic signal poles, bridge parapets, overpasses, pedestrian bridges, or roadside traffic barriers
Posters should not obscure statutory road signs or traffic/pedestrian signals in any way
Posters should be securely fixed to poles with cable ties or similar material to facilitate removal without damage to the poles Please note that cable ties should be removed when the posters are being taken down.