94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0347

 

Introduced 1/21/2005, by Rep. Sidney H. Mathias

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-41   from Ch. 46, par. 7-41
10 ILCS 5/17-29   from Ch. 46, par. 17-29
10 ILCS 5/19-2.2   from Ch. 46, par. 19-2.2

    Amends the Election Code. Provides that the 100-foot campaign free zone around a polling place is measured from each entrance to the building containing the polling room (now, measured from each entrance to the polling room).


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A BILL FOR

 

HB0347 LRB094 03754 JAM 33763 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 7-41, 17-29, and 19-2.2 as follows:
 
6     (10 ILCS 5/7-41)  (from Ch. 46, par. 7-41)
7     Sec. 7-41. (a) All officers upon whom is imposed by law the
8 duty of designating and providing polling places for general
9 elections, shall provide in each such polling place so
10 designated and provided, a sufficient number of booths for such
11 primary election, which booths shall be provided with shelves,
12 such supplies and pencils as will enable the voter to prepare
13 his ballot for voting and in which voters may prepare their
14 ballots screened from all observation as to the manner in which
15 they do so. Such booths shall be within plain view of the
16 election officers and both they and the ballot boxes shall be
17 within plain view of those within the proximity of the voting
18 booths. No person other than election officers and the
19 challengers allowed by law and those admitted for the purpose
20 of voting, as hereinafter provided, shall be permitted within
21 the proximity of the voting booths, except by authority of the
22 primary officers to keep order and enforce the law.
23     (b) The number of such voting booths shall not be less than
24 one to every seventy-five voters or fraction thereof, who voted
25 at the last preceding election in the precinct or election
26 district.
27     (c) No person shall do any electioneering or soliciting of
28 votes on primary day within any polling place or within one
29 hundred feet of any polling place, or, at the option of a
30 church or private school, on any of the property of that church
31 or private school that is a polling place. Election officers
32 shall place 2 or more cones, small United States national

 

 

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1 flags, or some other marker a distance of 100 horizontal feet
2 from each entrance to the building containing the room used by
3 voters to engage in voting, which shall be known as the polling
4 room. If the polling room is located within a building that is
5 a private business, a public or private school, or a church or
6 other organization founded for the purpose of religious worship
7 and the distance of 100 horizontal feet ends within the
8 interior of the building, then the markers shall be placed
9 outside of the building at each entrance used by voters to
10 enter that building on the grounds adjacent to the thoroughfare
11 or walkway. If the polling room is located within a public or
12 private building with 2 or more floors and the polling room is
13 located on the ground floor, then the markers shall be placed
14 100 horizontal feet from each entrance to the polling room used
15 by voters to engage in voting. If the polling room is located
16 in a public or private building with 2 or more floors and the
17 polling room is located on a floor above or below the ground
18 floor, then the markers shall be placed a distance of 100 feet
19 from the nearest elevator or staircase used by voters on the
20 ground floor to access the floor where the polling room is
21 located. The area within where the markers are placed shall be
22 known as a campaign free zone, and electioneering is prohibited
23 pursuant to this subsection. Notwithstanding any other
24 provision of this Section, if the polling room is located
25 within a building that is a private school or a church and the
26 designation of 100 horizontal feet ends on the property of the
27 school or church, then that entity a church or private school
28 may choose to apply the campaign free zone to its entire
29 property, and, if so, the markers shall be placed near the
30 boundaries on the grounds adjacent to the thoroughfares or
31 walkways leading to the entrances used by the voters.
32     The area on polling place property beyond the campaign free
33 zone, whether publicly or privately owned, is a public forum
34 for the time that the polls are open on an election day. At the
35 request of election officers any publicly owned building must
36 be made available for use as a polling place. A person shall

 

 

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1 have the right to congregate and engage in electioneering on
2 any polling place property while the polls are open beyond the
3 campaign free zone, including but not limited to, the placement
4 of temporary signs. This subsection shall be construed
5 liberally in favor of persons engaging in electioneering on all
6 polling place property beyond the campaign free zone for the
7 time that the polls are open on an election day.
8     (d) The regulation of electioneering on polling place
9 property on an election day, including but not limited to the
10 placement of temporary signs, is an exclusive power and
11 function of the State. A home rule unit may not regulate
12 electioneering and any ordinance or local law contrary to
13 subsection (c) is declared void. This is a denial and
14 limitation of home rule powers and functions under subsection
15 (h) of Section 6 of Article VII of the Illinois Constitution.
16 (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 
17     (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
18     Sec. 17-29. (a) No judge of election, pollwatcher, or other
19 person shall, at any primary or election, do any electioneering
20 or soliciting of votes or engage in any political discussion
21 within any polling place, within 100 feet of any polling place,
22 or, at the option of a church or private school, on any of the
23 property of that church or private school that is a polling
24 place; no person shall interrupt, hinder or oppose any voter
25 while approaching within those areas for the purpose of voting.
26 Judges of election shall enforce the provisions of this
27 Section.
28     (b) Election officers shall place 2 or more cones, small
29 United States national flags, or some other marker a distance
30 of 100 horizontal feet from each entrance to the building
31 containing the room used by voters to engage in voting, which
32 shall be known as the polling room. If the polling room is
33 located within a building that is a private business, a public
34 or private school, or a church or other organization founded
35 for the purpose of religious worship and the distance of 100

 

 

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1 horizontal feet ends within the interior of the building, then
2 the markers shall be placed outside of the building at each
3 entrance used by voters to enter that building on the grounds
4 adjacent to the thoroughfare or walkway. If the polling room is
5 located within a public or private building with 2 or more
6 floors and the polling room is located on the ground floor,
7 then the markers shall be placed 100 horizontal feet from each
8 entrance to the polling room used by voters to engage in
9 voting. If the polling room is located in a public or private
10 building with 2 or more floors and the polling room is located
11 on a floor above or below the ground floor, then the markers
12 shall be placed a distance of 100 feet from the nearest
13 elevator or staircase used by voters on the ground floor to
14 access the floor where the polling room is located. The area
15 within where the markers are placed shall be known as a
16 campaign free zone, and electioneering is prohibited pursuant
17 to this subsection. Notwithstanding any other provision of this
18 Section, if the polling room is located within a building that
19 is a private school or a church and the designation of 100
20 horizontal feet ends on the property of the school or church,
21 then that entity a church or private school may choose to apply
22 the campaign free zone to its entire property, and, if so, the
23 markers shall be placed near the boundaries on the grounds
24 adjacent to the thoroughfares or walkways leading to the
25 entrances used by the voters.
26     The area on polling place property beyond the campaign free
27 zone, whether publicly or privately owned, is a public forum
28 for the time that the polls are open on an election day. At the
29 request of election officers any publicly owned building must
30 be made available for use as a polling place. A person shall
31 have the right to congregate and engage in electioneering on
32 any polling place property while the polls are open beyond the
33 campaign free zone, including but not limited to, the placement
34 of temporary signs. This subsection shall be construed
35 liberally in favor of persons engaging in electioneering on all
36 polling place property beyond the campaign free zone for the

 

 

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1 time that the polls are open on an election day.
2     (c) The regulation of electioneering on polling place
3 property on an election day, including but not limited to the
4 placement of temporary signs, is an exclusive power and
5 function of the State. A home rule unit may not regulate
6 electioneering and any ordinance or local law contrary to
7 subsection (c) is declared void. This is a denial and
8 limitation of home rule powers and functions under subsection
9 (h) of Section 6 of Article VII of the Illinois Constitution.
10 (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 
11     (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
12     Sec. 19-2.2. (a) During the period beginning on the 40th
13 day preceding an election and continuing through the day
14 preceding such election, no advertising pertaining to any
15 candidate or proposition to be voted upon shall be displayed in
16 or within 100 feet of any place room used by voters pursuant to
17 this Article, or, at the option of a church or private school,
18 on any of the property of that church or private school that is
19 a polling place; nor shall any person engage in electioneering
20 in or within 100 feet of any such place room, or, at the option
21 of a church or private school, on any of the property of that
22 church or private school that is a polling place. Any person
23 who violates this Section may be punished as for contempt of
24 court.
25     (b) Election officers shall place 2 or more cones, small
26 United States national flags, or some other marker a distance
27 of 100 horizontal feet from each entrance to the building
28 containing the room used by voters to engage in voting, or, at
29 the option of a church or private school, on any of the
30 property of that church or private school that is a polling
31 place, which shall be known as the polling room. If the polling
32 room is located within a building that is a private business, a
33 public or private school, or a church or other organization
34 founded for the purpose of religious worship and the distance
35 of 100 horizontal feet ends within the interior of the

 

 

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1 building, then the markers shall be placed outside of the
2 building at each entrance used by voters to enter that building
3 on the grounds adjacent to the thoroughfare or walkway. If the
4 polling room is located within a public or private building
5 with 2 or more floors and the polling room is located on the
6 ground floor, then the markers shall be placed 100 horizontal
7 feet from each entrance to the polling room used by voters to
8 engage in voting. If the polling room is located in a public or
9 private building with 2 or more floors and the polling room is
10 located on a floor above or below the ground floor, then the
11 markers shall be placed a distance of 100 feet from the nearest
12 elevator or staircase used by voters on the ground floor to
13 access the floor where the polling room is located. The area
14 within where the markers are placed shall be known as a
15 campaign free zone, and electioneering is prohibited pursuant
16 to this subsection. Notwithstanding any other provision of this
17 Section, if the polling room is located within a building that
18 is a private school or a church and the designation of 100
19 horizontal feet ends on the property of the school or church,
20 then that entity a church or private school may choose to apply
21 the campaign free zone to its entire property, and, if so, the
22 markers shall be placed near the boundaries on the grounds
23 adjacent to the thoroughfares or walkways leading to the
24 entrances used by the voters.
25     The area on polling place property beyond the campaign free
26 zone, whether publicly or privately owned, is a public forum
27 for the time that the polls are open on an election day. At the
28 request of election officers any publicly owned building must
29 be made available for use as a polling place. A person shall
30 have the right to congregate and engage in electioneering on
31 any polling place property while the polls are open beyond the
32 campaign free zone, including but not limited to, the placement
33 of temporary signs. This subsection shall be construed
34 liberally in favor of persons engaging in electioneering on all
35 polling place property beyond the campaign free zone for the
36 time that the polls are open on an election day.

 

 

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1     (c) The regulation of electioneering on polling place
2 property on an election day, including but not limited to the
3 placement of temporary signs, is an exclusive power and
4 function of the State. A home rule unit may not regulate
5 electioneering and any ordinance or local law contrary to
6 subsection (b) is declared void. This is a denial and
7 limitation of home rule powers and functions under subsection
8 (h) of Section 6 of Article VII of the Illinois Constitution.
9 (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)