Elections signs are dotting the landscape as candidates begin campaigning for the county’s Primary Election, but one candidate has raised questions about the legality of some of the signs.

Under state law, materials advocating for either the election or defeat of a candidate, such as campaign signs, must contain a statement of disclaimer identifying who purchased the sign, whether it is a candidate or a political action committee (PAC).

Carter County Administrator of Elections Tracy Harris said one of the candidates in the upcoming Primary Election reported to Election Commission staff that they had seen signs from several candidates that did not comply with disclaimer law. According to Harris, the candidate asked if every candidate had received a copy of the disclaimer law and she told the individual that each candidate had received a copy.

When each candidate picks up their paperwork to run for office, Harris said they are provided with a packet of information regarding different election requirements and laws such as campaign finance reports, the Hatch Act, and the disclaimer law. The candidates then sign a form confirming their receipt of the candidate information packet, Harris said.

“We provide candidates with the information about the law but we don’t enforce it,” Harris said. She said she directed the candidate to contact the District Attorney General’s office regarding the matter.

State law in Tennessee Code Annotated states that “whenever any person makes an expenditure for the purpose of financing a communication that expressly advocates the election or defeat of a clearly identified candidate, as defined by (state law) or that solicits any contribution, through any broadcasting station, newspaper, magazine, outdoor advertising facility, poster, yard sign, direct mailing or any other form of general public political advertising, a disclaimer meeting the requirements of (state law) shall appear and be presented in a clear and conspicuous manner to give the reader, observer or listener adequate notice of the identity of persons who paid for and, where required, who authorized the communication.”

State law provides an exemption for items such as bumper stickers, pins, buttons, pens, novelties, and similar small items on which the disclaimer cannot be conveniently printed.

If a sign or other communication is paid for by someone other than the candidate or their official political committee but is authorized by the candidate, the disclaimer must list the name of the individual or group who paid for the ad as well as the fact it was authorized by the candidate.

If an individual or group purchases a sign or other campaign materials that is made on behalf of or in opposition to a candidate and is not authorized by the candidate, the disclaimer on that material must include the identity of who purchased it as well as state that it has not been authorized by the candidate.

The information packet provided to the candidates by the Carter County Election Commission directs them to contact the District Attorney General’s Office if they have questions regarding the interpretation or enforcement of the disclaimer law.

Harris said she has never dealt with complaints regarding whether or not a candidate included a disclaimer statement on their campaign signs.

“It’s never really been an issue before in Carter County,” she said.

District Attorney General Tony Clark said the issue of a disclaimer statement on campaign signs is not something he has seen prosecuted in the First Judicial District.

“I’ve worked every court in the four counties — General Sessions and Criminal — and I’ve never seen a citation for this,” Clark said. “This is my 24th year, and I’ve never seen this charge prosecuted.”

According to Clark, if a candidate fails to provide the disclaimer on their signs, it can result in a citation for a Class C misdemeanor, which he said is the lowest level of chargeable offense in the state. “It’s comparable to a speeding ticket or citation for fishing without a license,” Clark said.

Clark said his office has not received any complaints this election season regarding candidates in Carter County failing to provide the disclaimer statement on their signs to his knowledge.

“We encourage people to follow the law,” Clark said, adding candidates who left the disclaimer off their signs can easily correct the issue.

According to Clark, candidates needing to add the disclaimer to their sign can simply print off stickers with the disclaimer statement and affix the stickers to their signs. They can also use magic markers to write the statement on the signs.

“It’s an easy fix,” Clark said. “The law doesn’t say how it has to be on there, it just says it has to be on there.”

Enforcement of the disclaimer law would fall to law enforcement officers, Clark said,  adding that if someone is issued a citation for violating the law his office would prosecute it the same way they do similar crimes.

Carter County Sheriff Dexter Lunceford said his department has not received any complaints regarding campaign signs not following the disclaimer law. Elizabethton Police Department Capt. Shane Darling said he is not aware of any such complaints being received by his department.