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Delph’s Bill Protecting Political Free Speech on its Way to Governor

STATEHOUSE (Feb. 27, 2010) - Legislation aimed at protecting Hoosier homeowners’ right to display political signs on their property is now awaiting Gov. Mitch Daniels’ signature into law after House lawmakers voted 96-0 today in favor of Senate Enrolled Act 64.

Sen. Mike Delph (R-Carmel) authored the legislation after Sherm Johnson, a constituent, approached him at a town hall meeting and inquired about current restrictions set in place by homeowners associations.

If signed into law, associations could regulate but no longer ban the display of political signs during election seasons.

“Hoosiers should have freedom to express their political views on their own private property,” Delph said. “This legislation establishes a balance for homeowners and neighborhood associations without restricting an individual’s right to free speech. I thank Rep. Craig Fry (D-Mishawaka) for his assistance in getting the bill passed in the House.”

Delph said SEA 64 prohibits a homeowners association from adopting or enforcing certain restrictive covenants or rules that outright prohibit the display of political signs within 30 days of an election. Neighborhood associations will still be allowed adopt and enforce rules that restrict the size, number and location of political signs.

“This is an important piece of legislation that promotes free speech and the right to express one’s personal political views,” Johnson said. “Homeowners associations should not have the ability to completely silence those rights. I thank Sen. Delph for working with me and his efforts to get this bill passed.”

Sen. Delph represents Senate District 29, which includes portions of Hamilton and Marion counties.

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