The legislation governing placement of posters at election time is The Litter Pollution Act 1997 as amended by the Electoral (Amendment)(No.2) Act 2009:

https://www.irishstatutebook.ie/eli/2009/act/9/enacted/en/html

 

When can candidates erect posters?

The legislation provides that erection of posters is only permitted from the date the order is made by the Minister appointing the polling day or thirty days prior to the date of the poll, whichever is the shorter period.

For the 2024 Local elections the order was made by the Minister on 5 April 2024. As this timeframe is greater than the 30 days set out in the legislation – as polling takes place on 7 June 2024, election posters cannot be erected or placed in public locations until 8 May 2024.

 

How many days after polling day do posters have to be removed?

In accordance with the Litter Pollution Act all election posters must be removed within seven days of polling day.  The associated fixing arrangement, particularly plastic ties, must be removed at the same time the poster is being removed.

For the forthcoming local elections posters must be removed by midnight Friday 14 June 2024.

 

What penalties are in place for breaches of the legislation governing election posters?

The Local Authority is responsible for the enforcement of the Litter Pollution Act.  Any posters in place before or after the dates set out above are deemed to be in breach of the legislation and are subject to an on the spot litter fine of €150.

 

 

 

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. Election posters should not be erected at locations where they pose a hazard to pedestrians, traffic, other roads users where they obscure the view or sightlines on roads.

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.

To avoid safety risks and disruption to motorists and pedestrians in relation to election posters please note the following guidance:

• Posters must not be placed on roundabouts, motorways, near junctions or anywhere that would obscure statutory road signage, traffic or pedestrian signals. It is an offence to erect any sign or notice that makes a traffic sign less visible to road users.
• 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.

• There should be a minimum clearance of 2.3 metres from the lower edge of any poster to ground level on footpaths, cycle tracks or any area pedestrians have access.
• If a poster is erected below this level, it can cause obstructions on footpaths and can be distracting and hazardous to the visually impaired.
• Signs must be securely fixed at their location.
• Posters should be securely fixed to poles with cable ties or similar material to facilitate removal without damage to the poles.
• No adhesives or metal fixings are permitted.
• Cable ties should not protrude at a level that could cause injury to pedestrians or cyclists.

Candidates are reminded that no claims for damages arising from placing, displaying or removal of their posters will lie with the Council, and they may consider it appropriate to take out Public Liability Insurance in this regard.

 

Can the Council remove election posters?

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 Council stipulating their exact location to enable Council staff to arrange for their removal.

 

Where an election poster is not removed within 7 days after the date of the election, it may be removed by the Council and a €150 fine may be issued in accordance with the Litter Pollution Act.

Where the Council incurs costs in the removal of posters, costs may be recovered from the candidate

 

What restrictions are in place regarding the erection of posters around polling stations?

Under the Electoral Acts posters may not be displayed within 50 metres of a polling station. This restriction takes effect 30 minutes before the official commencement of polling and lasts until 30 minutes after the polls have closed. Contravention of this requirement can result in a prison sentence of up to 2 years.

 

What information must be contained in the election poster?

Under electoral legislation every poster having reference to local elections or distributed for the purposes of furthering the candidature of any candidate must have printed on its face the name and address of the printer and of the publisher on the poster. The omission of the name and address of the printer and publisher is an offence.

 

Can posters be put on billboards?

This is commercial advertising, rather than election/referendum postering as such. Any person may purchase 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 which should be checked with the Council’s planning department.

 

What about people parking vehicles with election slogans printed on the side of parked vehicles?

This not an offence under the Litter Pollution Acts. However, the Litter Pollution Act does make it an offence to place adverts (flyers) on mechanically propelled vehicles unless they are secured by mechanical means. This for e.g. prohibits placement of flyers under windscreen wipers (this does not include paint, emboss, inscribe or the application by any method of transfer letters, figures or images on or to the body of the vehicle).

 

Voluntary Code for Candidate Posters

A voluntary code of practice exists in which election candidates and parties in Local Elections in Killarney are asked not to erect posters in Killarney town.