Franklin City Administrator Directs Common Council to NOT Follow Election Sign Ordinance

The Franklin Director of City Administration, Kelly Hersh, has unilaterally decided to ignore the Franklin Municipal Code relating to the placement of election signs on public right of way.

Hersh sent an email today to all of the Alderpersons informing them that the city will not enforce the election sign ordinance any longer.  In the Directors opinion, the ordinance is in conflict with a Federal ruling.

It has ALWAYS been a rule that election signs cannot be placed on any public right of way but can be placed with permission on any business or residential property.

There were issues a couple of new candidates had with not following the rules for the primary and placing signs wherever the candidate wished to place it.  Part of the campaigning process is working with supporters to place signs at their residence or business.  That is part of building a support base.  For those candidates that follow the rules they are penalized.  So we ignore the rules to favor the candidates who cannot or choose not to follow the rules.  

Unless the Common Council modifies or changes the city code, that is the law and it needs to be enforced.

March 13, 2024

To:  John Nelson, Kelly Hersh, Franklin Common Council, City Clerk, City Attorney

From: Richard Busalacchi, Franklin Resident

Re:  Election Sign Ordinance Enforcement

I am asking that this letter please be read into the upcoming meeting of the Franklin Common Council by my Alderwomen Eichmann or the City Clerk.

It has come to my attention that an email was sent today to all of the Alderpersons from the Director of Administration informing them that the city will not enforce the election sign ordinance any longer.  In the Director's opinion, the ordinance is in conflict with a Federal ruling.

As a former elected official, I am certain the Director of Administration DOES NOT have the authority to not enforce an ordinance on the books. Only the Common Council can change or modify an ordinance.  If it is on the books it must be enforced.

It was indicated that there IS an issue with some FEDERAL ruling but that's been in place for several years and hasn't been an issue in the past.  The real issue here is that there were two candidates who decided to not follow the rules and place signs in every right of way.  All other candidates followed the rules and worked as part of the election process to identify supporters to properly post signs at their premises.  

It appears that our city administration once again wants to penalize candidates who follow the rules and give an unfair election advantage for those candidates who do not want to follow the rules.  If candidates do not follow rules now, what kind of elected officials will they be?  Did the Common Council just last week pass a resolution indicating to “Confirm Internal Procedures on Entertainment Events and the Required Permitting and Processes Municipal Officials and Staff Shall Apply to Obtain Uniform Application for the Protection of the Health, Safety, and Well-Being of the Community.”  Now one week later you are choosing based upon an email from the Director of Administration to not enforce an ordinance on the books?  Was there an opinion from the City Attorney or a threat of a lawsuit?  I do not believe so. 

The City has an obligation to follow the ordinance on the books unless the Common Council changes the ordinance.  If candidates for election cannot follow the rules they should not be running for elective office.  

I am sure the Department of Engineering had better things to do than to go around the city and collect campaign signs that were in the right of way.  Shame on those candidates.

As a reminder, the following is the municipal code:

Franklin Municipal Code 210-4(B)(3)(4)indicates:

Prohibited areas for signs and billboards.

(3)

No sign or billboard shall be constructed, erected or maintained which shall be nearer to the street or highway than the established base setback line provided by the zoning regulations of the City.

(4)

No signs, excepting official City, county or state regulatory signs, shall be erected, installed or posted on and within any public right-of-way within the corporate limits of the City.

Franklin Municipal Code 210-6 (L) indicates:

L. Political signs that comply with all other sections of this chapter, provided that they be removed within 10 days after an election and they do not exceed 35 square feet in size in nonresidential districts.

Following is the Wisconsin State Statutes 12.04(4)(a) provides municipalities the ability to regulate the size, shape or placement of a sign.  

If the City does not address this matter in the upcoming Common Council meeting and indicates that they will follow the state statutes, I will have a formal letter ready to send to the Wisconsin Elections Commission and the State Attorney General.

12.04  Communication of political messages.

(1)  In this section:

(a) “Election campaign period" means:

12.04(1)(a)1.

1. In the case of an election for office, the period beginning on the first day for circulation of nomination papers by candidates, or the first day on which candidates would circulate nomination papers were papers to be required, and ending on the day of the election.

2. In the case of a referendum, the period beginning on the day on which the question to be voted upon is submitted to the electorate and ending on the day on which the referendum is held.

(b) “Political message" means a message intended for a political purpose or a message which pertains to an issue of public policy of possible concern to the electorate, but does not include a message intended solely for a commercial purpose.

(c) “Residential property" means property occupied or suitable to be occupied for residential purposes and property abutting that property for which the owner or renter is responsible for the maintenance or care. If property is utilized for both residential and nonresidential purposes, “residential property" means only the portion of the property occupied or suitable to be occupied for residential purposes.

(2) Except as provided in ss. 12.03 or 12.035 or as restricted under sub. (4), any individual may place a sign containing a political message upon residential property owned or occupied by that individual during an election campaign period.

(3) Except as provided in sub. (4), no county or municipality may regulate the size, shape, placement or content of any sign containing a political message placed upon residential property during an election campaign period.

(4) 

(a) A county or municipality may regulate the size, shape or placement of any sign if such regulation is necessary to ensure traffic or pedestrian safety. A county or municipality may regulate the size, shape or placement of any sign having an electrical, mechanical or audio auxiliary.

(b) In addition to regulation under par. (a), a municipality may regulate the size, shape or placement of a sign exceeding 11 square feet in area. This paragraph does not apply to a sign which is affixed to a permanent structure and does not extend beyond the perimeter of the structure, if the sign does not obstruct a window, door, fire escape, ventilation shaft or other area which is required by an applicable building code to remain unobstructed.

Thank you for your time and attention to this matter.