SB0080 Engrossed LRB096 03305 JAM 13323 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, 19-2.2, and 19A-70 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

 

 

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1 one to every seventy-five voters or fraction thereof, who voted
2 at the last preceding election in the precinct or election
3 district.
4     (c) No person shall do any electioneering or soliciting of
5 votes on primary day within any polling place or within one
6 hundred feet of any polling place, or, at the option of a
7 church or private school, on any of the property of that church
8 or private school that is a polling place. Election officers
9 shall place 2 or more cones, small United States national
10 flags, or some other marker a distance of 100 horizontal feet
11 from each entrance to the room used by voters to engage in
12 voting, which shall be known as the polling room. If the
13 polling room is located within a building that is a private
14 business, a public or private school, or a church or other
15 organization founded for the purpose of religious worship and
16 the distance of 100 horizontal feet ends within the interior of
17 the building, then the markers shall be placed outside of the
18 building at each entrance used by voters to enter that building
19 on the grounds adjacent to the thoroughfare or walkway. If the
20 polling room is located within a public or private building
21 with 2 or more floors and the polling room is located on the
22 ground floor, then the markers shall be placed 100 horizontal
23 feet from each entrance to the polling room used by voters to
24 engage in voting. If the polling room is located in a public or
25 private building with 2 or more floors and the polling room is
26 located on a floor above or below the ground floor, then the

 

 

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1 markers shall be placed a distance of 100 feet from the nearest
2 elevator or staircase used by voters on the ground floor to
3 access the floor where the polling room is located. The area
4 within where the markers are placed shall be known as a
5 campaign free zone, and electioneering is prohibited pursuant
6 to this subsection. Notwithstanding any other provision of this
7 Section, a church or private school may choose to apply the
8 campaign free zone to its entire property, and, if so, the
9 markers shall be placed near the boundaries on the grounds
10 adjacent to the thoroughfares or walkways leading to the
11 entrances used by the voters. At or near the door of each
12 polling place, the election judges shall place signage
13 indicating the proper entrance to the polling place. In
14 addition, the election judges shall ensure that a sign
15 identifying the location of the polling place is placed on a
16 nearby public roadway. The State Board of Elections shall
17 establish guidelines for the placement of polling place
18 signage.
19     The area on polling place property beyond the campaign free
20 zone, whether publicly or privately owned, is a public forum
21 for the time that the polls are open on an election day. At the
22 request of election officers any publicly owned building must
23 be made available for use as a polling place. A person shall
24 have the right to congregate and engage in electioneering on
25 any polling place property while the polls are open beyond the
26 campaign free zone, except for including but not limited to,

 

 

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1 the placement of temporary signs. This subsection shall be
2 construed liberally in favor of persons engaging in
3 electioneering on all polling place property beyond the
4 campaign free zone for the time that the polls are open on an
5 election day. Nothing in this Section shall prohibit the
6 placement of temporary signs within a private dwelling in a
7 public or private building where a polling place is located.
8 Nothing in this Section shall prohibit the placement of
9 temporary signs on the doors or windows of a private dwelling
10 in a public or private building where a polling place is
11 located so long as that private dwelling is located on a
12 different floor than the polling room or that private dwelling
13 is located a distance of at least 100 horizontal feet from each
14 entrance to the polling room if the private dwelling and
15 polling room are located on the same floor.
16     (d) The regulation of electioneering on polling place
17 property on an election day, including but not limited to the
18 placement of temporary signs, is an exclusive power and
19 function of the State. A home rule unit may not regulate
20 electioneering and any ordinance or local law contrary to
21 subsection (c) is declared void. This is a denial and
22 limitation of home rule powers and functions under subsection
23 (h) of Section 6 of Article VII of the Illinois Constitution.
24 (Source: P.A. 95-699, eff. 11-9-07.)
 
25     (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)

 

 

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1     Sec. 17-29. (a) No judge of election, pollwatcher, or other
2 person shall, at any primary or election, do any electioneering
3 or soliciting of votes or engage in any political discussion
4 within any polling place, within 100 feet of any polling place,
5 or, at the option of a church or private school, on any of the
6 property of that church or private school that is a polling
7 place; no person shall interrupt, hinder or oppose any voter
8 while approaching within those areas for the purpose of voting.
9 Judges of election shall enforce the provisions of this
10 Section.
11     (b) Election officers shall place 2 or more cones, small
12 United States national flags, or some other marker a distance
13 of 100 horizontal feet from each entrance to the room used by
14 voters to engage in voting, which shall be known as the polling
15 room. If the polling room is located within a building that is
16 a private business, a public or private school, or a church or
17 other organization founded for the purpose of religious worship
18 and the distance of 100 horizontal feet ends within the
19 interior of the building, then the markers shall be placed
20 outside of the building at each entrance used by voters to
21 enter that building on the grounds adjacent to the thoroughfare
22 or walkway. If the polling room is located within a public or
23 private building with 2 or more floors and the polling room is
24 located on the ground floor, then the markers shall be placed
25 100 horizontal feet from each entrance to the polling room used
26 by voters to engage in voting. If the polling room is located

 

 

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1 in a public or private building with 2 or more floors and the
2 polling room is located on a floor above or below the ground
3 floor, then the markers shall be placed a distance of 100 feet
4 from the nearest elevator or staircase used by voters on the
5 ground floor to access the floor where the polling room is
6 located. The area within where the markers are placed shall be
7 known as a campaign free zone, and electioneering is prohibited
8 pursuant to this subsection. Notwithstanding any other
9 provision of this Section, a church or private school may
10 choose to apply the campaign free zone to its entire property,
11 and, if so, the markers shall be placed near the boundaries on
12 the grounds adjacent to the thoroughfares or walkways leading
13 to the entrances used by the voters.
14     The area on polling place property beyond the campaign free
15 zone, whether publicly or privately owned, is a public forum
16 for the time that the polls are open on an election day. At the
17 request of election officers any publicly owned building must
18 be made available for use as a polling place. A person shall
19 have the right to congregate and engage in electioneering on
20 any polling place property while the polls are open beyond the
21 campaign free zone, except for including but not limited to,
22 the placement of temporary signs. Nothing in this Section shall
23 prohibit the placement of temporary signs within a private
24 dwelling in a public or private building where a polling place
25 is located. Nothing in this Section shall prohibit the
26 placement of temporary signs on the doors or windows of a

 

 

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1 private dwelling in a public or private building where a
2 polling place is located so long as that private dwelling is
3 located on a different floor than the polling room or that
4 private dwelling is located a distance of at least 100
5 horizontal feet from each entrance to the polling room if the
6 private dwelling and polling room are located on the same
7 floor. This subsection shall be construed liberally in favor of
8 persons engaging in electioneering on all polling place
9 property beyond the campaign free zone for the time that the
10 polls are open on an election day. At or near the door of each
11 polling place, the election judges shall place signage
12 indicating the proper entrance to the polling place. In
13 addition, the election judges shall ensure that a sign
14 identifying the location of the polling place is placed on a
15 nearby public roadway. The State Board of Elections shall
16 establish guidelines for the placement of polling place
17 signage.
18     (c) The regulation of electioneering on polling place
19 property on an election day, including but not limited to the
20 placement of temporary signs, is an exclusive power and
21 function of the State. A home rule unit may not regulate
22 electioneering and any ordinance or local law contrary to
23 subsection (c) is declared void. This is a denial and
24 limitation of home rule powers and functions under subsection
25 (h) of Section 6 of Article VII of the Illinois Constitution.
26 (Source: P.A. 95-699, eff. 11-9-07.)
 

 

 

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1     (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
2     Sec. 19-2.2. (a) During the period beginning on the 40th
3 day preceding an election and continuing through the day
4 preceding such election, no advertising pertaining to any
5 candidate or proposition to be voted upon shall be displayed in
6 or within 100 feet of any room used by voters pursuant to this
7 Article, or, at the option of a church or private school, on
8 any of the property of that church or private school that is a
9 polling place; nor shall any person engage in electioneering in
10 or within 100 feet of any such room, or, at the option of a
11 church or private school, on any of the property of that church
12 or private school that is a polling place. Any person who
13 violates this Section may be punished as for contempt of court.
14     (b) Election officers shall place 2 or more cones, small
15 United States national flags, or some other marker a distance
16 of 100 horizontal feet from each entrance to the room used by
17 voters to engage in voting, or, at the option of a church or
18 private school, on any of the property of that church or
19 private school that is a polling place, which shall be known as
20 the polling room. If the polling room is located within a
21 building that is a private business, a public or private
22 school, or a church or other organization founded for the
23 purpose of religious worship and the distance of 100 horizontal
24 feet ends within the interior of the building, then the markers
25 shall be placed outside of the building at each entrance used

 

 

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

 

 

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1 any polling place property while the polls are open beyond the
2 campaign free zone, except for including but not limited to,
3 the placement of temporary signs. Nothing in this Section shall
4 prohibit the placement of temporary signs within a private
5 dwelling in a public or private building where a polling place
6 is located. Nothing in this Section shall prohibit the
7 placement of temporary signs on the doors or windows of a
8 private dwelling in a public or private building where a
9 polling place is located so long as that private dwelling is
10 located on a different floor than the polling room or that
11 private dwelling is located a distance of at least 100
12 horizontal feet from each entrance to the polling room if the
13 private dwelling and polling room are located on the same
14 floor. This subsection shall be construed liberally in favor of
15 persons engaging in electioneering on all polling place
16 property beyond the campaign free zone for the time that the
17 polls are open on an election day.
18     (c) The regulation of electioneering on polling place
19 property on an election day, including but not limited to the
20 placement of temporary signs, is an exclusive power and
21 function of the State. A home rule unit may not regulate
22 electioneering and any ordinance or local law contrary to
23 subsection (b) is declared void. This is a denial and
24 limitation of home rule powers and functions under subsection
25 (h) of Section 6 of Article VII of the Illinois Constitution.
26 (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 

 

 

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1     (10 ILCS 5/19A-70)
2     Sec. 19A-70. Advertising or campaigning in proximity of
3 polling place; penalty. During the period prescribed in Section
4 19A-15 for early voting by personal appearance, the provisions
5 of Sections 7-41, 17-29, and 19-2.2 shall apply; including that
6 a person is prohibited from placing temporary signs on any part
7 of the polling place property beyond the campaign free zone.
8 This provision is a denial and limitation of home rule powers
9 and functions in accordance with subsection (h) of Section 6 of
10 Article VII of the Illinois Constitution. no advertising
11 pertaining to any candidate or proposition to be voted on may
12 be displayed in or within 100 feet of any polling place used by
13 voters under this Article. No person may engage in
14 electioneering in or within 100 feet of any polling place used
15 by voters under this Article. The provisions of Section 17-29
16 with respect to establishment of a campaign free zone apply to
17 polling places under this Article.
18     Any person who violates this Section may be punished for
19 contempt of court.
20 (Source: P.A. 94-645, eff. 8-22-05.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.