Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In New Mexico, the regulation of yard signs, including those for political purposes, is influenced by both state statutes and the First Amendment, which protects free speech from government interference. While homeowners' associations (HOAs), neighborhood organizations, and local governments can impose certain restrictions on political yard signs, they cannot completely ban them. These entities may regulate the size, number, and duration of sign display, often allowing signs to be posted for a specific period before an election and requiring their removal shortly after. For instance, signs might be permitted for 45 to 90 days before an election and up to ten days following it. Non-political signs, such as those advertising businesses or warning against trespassing, are more heavily regulated and may be subject to additional local government restrictions, including the need for permits. It's important to note that while state statutes may protect political signs on private property, they may also extend to signs in unpaved public rights-of-way adjacent to private property. However, the specific regulations can vary by locality, and it is advisable to consult with an attorney or local authorities for guidance on the current rules in a particular area within New Mexico.