Opinion: Cheating in Elections Is Common and Annoying. Here’s What You Can Do About It.

Anonymous opinion submission. Moderately MOCO knows the author’s identity.

Illegal cheating in an election actually is common; you’ve seen it with your own eyes. However, for all the screaming you have heard about voter fraud, that form of cheating is rare, and not what this article is about.

The cheating most of us have routinely seen is illegally placed campaign signs. It’s cheating; no more denying it. It is clearly a nonpartisan habit.

It is also a form of corruption: a candidate thinking that the rules don’t apply to them, that they can steal some free advertising space in a place where their message is not allowed. This corruption thrives because the public generally doesn’t know the rules themselves, and the slow or lack of enforcement gives the impression that the placement is legal.

Well, OK, that’s sort of a micro-corruption. It’s not as bad as taking bribes and awarding no-bid contracts to your friends.

It reminds me of the kind of corruption you see at the very local level with HOA boards, where few people know the law and enforcement against officeholders is spotty at best.

The purpose of this article is to 1) help inform the public about these sign-placement rules and 2) suggest a puckish way folks can help combat the practice. So skip to Part II if you already know the law.

I get that there are larger problems in the world, but this is a pet peeve of a lot of us. Maybe I find it particularly irritating because I have spent some hot afternoons as a volunteer canvasser, going door-to-door on foot helping campaigns get their message out the right way.

Instead of doing things by the book, too many campaigns and their volunteers take an illegal shortcut: sticking campaign signs alongside the road or in the median strip. It’s not just an eyesore like simple littering: it’s cheating.

That does not necessarily mean the candidate personally planted the sign or even knows it is there. Campaign signs may be installed by staff members, volunteers, or unsupervised supporters. But no matter whoever put it there, an illegally placed sign can still give that campaign an advantage it is not legally entitled to receive.

And the average driver has no idea. A voter passing the sign at 45 miles per hour does not see a little disclaimer saying:

“WARNING: THIS CAMPAIGN IS RECEIVING FREE ADVERTISING FROM A LOCATION WHERE THE LAW PROHIBITS THIS SIGN.”

The voter just sees the candidate’s name. Hundreds of passing motorists can see that name while another campaign, which actually follows the law, receives no comparable exposure from the median. That should bother people regardless of party.

Unfortunately, the tactic works. Most people are unaware that the campaigns are doing anything wrong. They think, “I’ve seen this person’s signs everywhere! They must be very popular.” When it comes time to vote, they are inclined to pick the name they’ve heard of. Most people don’t understand that placing a sign in the public right of way is usually illegal.

If it became common knowledge that these signs are illegally placed, maybe candidates wouldn’t want to label themselves as crooks by having their names there on the sign. If public-minded journalists would help inform the public about this that could make a difference.

Part I: What do the Laws Say?

First rule: How Taking Illegal Signs Violates the Theft Statute

Taking the illegal signs could technically risk a theft charge under Maryland law. Md. Code, Criminal Law § 7-104(a) states

A person may not willfully or knowingly obtain or exert unauthorized control over property, if the person: (1) intends to deprive the owner of the property; (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.

Section (d) further states

A person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person: (1) knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner; (2) fails to take reasonable measures to restore the property to the owner; and (3) intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.

Maryland’s definition of “deprive” appears in Md. Code, Criminal Law § 7-101(c). It means withholding another person’s property

(1) permanently; (2) for a period that results in the appropriation of a part of the property’s value; (3) with the purpose to restore it only on payment of a reward or other compensation; or (4) to dispose of the property or use or deal with the property in a manner that makes it unlikely that the owner will recover it.

It looks like there would be a viable case for theft against a person who destroyed the signs or threw them into a ditch or dumpster. The intent and deprivation is pretty clear in those scenarios.

Which Signs are Illegally Placed?

Most are perfectly lawful. A homeowner puts a candidate’s sign in their front yard. A business owner gives a campaign permission to place a sign on their private property. Those signs are political speech on private property. There are restrictions about sign features, but for the purposes of this article (placement location) the sign is legal.

But then there are the signs planted in places where signs are prohibited: public medians, utility poles, traffic signs, highway dividers, and other public rights-of-way areas. The most common violation we see are signs planted in the median strip of a street or in the grassy strip between the sidewalk and the street (a public right of way).

Key Concept: Public Right-of-Way

Under Maryland state law, the public right-of-way does not stop at the street curb; it actually extends all the way to (and sometimes a bit beyond) your private property line. This means the entire area, including the road, the sidewalk, and the grassy strip in between, is legally considered part of one continuous public highway. Even though homeowners are usually required to mow this grass, the land itself is public territory meant for utility lines and community use.

The public right-of-way extends further past the sidewalk or shoulder, but the exact line is usually hard to determine without examining the land records. Utility poles and street lights may also be useful for estimating where the line is.

Local and State Laws Differ About Sign Placement

Maryland law prohibits unauthorized signs within state highway rights-of-way. State Highway Administration, law enforcement, counties and municipalities are authorized to remove violating signs. Local rules vary, but the main distinction is the type of road.

Maryland Transportation code Section 8-101 establishes that the state government regulates the placement of signs along interstate highways, U.S. highways, and state highways and roads (including state numbered routes). Smaller local roads are covered by counties and municipalities. There can be some differences in what’s allowed. As an example, let’s compare the state, Montgomery, Howard, and Prince George’s Counties’ approaches to illegally placed signs.

State Rules

The state level is clear to anyone that cares to actually read it: Maryland Transportation Article § 8-605(f)(1) currently provides that, except for signs placed or authorized by SHA, “a person may not place or maintain a sign or direct, consent to, or approve the placement or maintenance of a sign, within a State highway right-of-way.”

No signs in the median strip. No signs in the area between the road and the sidewalk. Those signs you see along numbered routes are violating this state law.

Howard County

Section 3.503 of the Howard County Code states that political signs “shall be located only on private property and shall be no less than 15 feet from the nearest edge of the pavement and no less than 100 feet from the nearest curb intersection of any street or road.” (Emphasis added).

Prince George’s County

Under Prince George’s County Code Section 23-608, it is illegal to place any private sign within the public right-of-way without a permit. The law states that any unauthorized sign in these areas is immediately deemed abandoned property.

Montgomery County

The Real Estate industry has inspired a loophole in this county’s sign rule. Montgomery County Zoning Ordinance, Section 59.6.7.7 expressly allows temporary signs in a county ROW on weekends and federal holidays if they meet the dimensional and placement rules, but never in the median. The ordinance seems to be protecting signs people put up for yard sales or open houses. The set-it-and-forget-it-for-weeks campaign signs are generally not protected by this exception.

Another wrinkle is that municipalities may have different rules in their jurisdiction. For example, the city of Rockville has a strict rule like Howard County; while Gaithersburg has a narrow exception like Montgomery County.

Nevertheless, if it is a state highway that passes through the local jurisdiction, the state rule still applies.

Part II: What to do About Illegal Signs?

Don’t simply remove the signs yourself. Again, read the theft statute above. Traditionally, the few people that cared would report the sign to the appropriate state or local agency. Here are some links for that:

• The Maryland State Highway Administration service request form. (Select “Sign/Digital Message Sign” as the Topic and “Political Sign Regulations” as the Sub-Topic.)
• Montgomery County Department of Permitting Services reporting form.

As we’ve seen, the DPS often has trouble keeping up with these kinds of weeds. So this law typically gets underenforced and too many cheaters get away with it every year. I did notice the county took the time to brag about doing a sign sweep after the election in 2024.

Since lack of enforcement is an issue, consider putting a little more bite into your reporting method. In the great tradition of the First Amendment, this approach involves more speech.

It’s best to take a somewhat diplomatic approach at first. Ask firmly, show them proof of their violation, remind them of the rules, and give them a chance to do the right thing. The campaign could have made a simple mistake. The government worker might not know there is a sign there. If you tell them all and the sign gets removed promptly, take the win.

When one sees a campaign sign in a location where one reasonably believes signs are clearly prohibited, for example a public median, first, don’t touch it. Photograph it.

Next, draft an email to the following recipients:

1. the government agencies responsible for that particular road,
2. the campaign, and
3. both local party organizations, yes, both of them!

Using the agency’s webpage simply tells them to remove it. Their form does not allow you to attach a photo. That might get some signs removed, but doesn’t help much with the problem in the long run. Including the parties adds in some peer pressure and shame to inspire compliance.

You need those campaigns notified, too, so they know to do better and have a chance to move their property to an authorized location without a fine. Check the campaign’s website or the Maryland State Board of Election’s candidate listing page to find an email to contact the particular campaign.

Here’s what the text of the message could look like for Montgomery County, ready to be edited to fit the situation:

The more often these violations are exposed, and the more the public understands the rules, the harder it becomes for campaigns to treat illegal sign placement as a harmless shortcut. Campaigns should have to answer to voters when they ignore the very rules they are asking others to trust them to create and uphold. If a candidate cannot run a campaign without breaking the rules, voters deserve to know.

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