97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1814

 

Introduced 2/9/2011, by Sen. Terry Link

 

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
10 ILCS 5/19A-70

    Amends the Election Code. With respect to campaign free zones, removes the authority of a church or private school to designate its entire property where a polling place is located as a campaign free zone. Provides that nothing prohibits the placement of temporary signs in a private dwelling in a public or private building containing a polling room. Provides that nothing prohibits the placement of temporary signs on windows or doors of a private dwelling in a public or private building containing a polling room if the dwelling and polling room are on different floors or, if not on different floors, the private dwelling is at least 100 horizontal feet from each entrance to the polling room. Preempts home rule powers. Effective immediately.


LRB097 10045 HLH 50221 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1814LRB097 10045 HLH 50221 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 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
8duty of designating and providing polling places for general
9elections, shall provide in each such polling place so
10designated and provided, a sufficient number of booths for such
11primary election, which booths shall be provided with shelves,
12such supplies and pencils as will enable the voter to prepare
13his ballot for voting and in which voters may prepare their
14ballots screened from all observation as to the manner in which
15they do so. Such booths shall be within plain view of the
16election officers and both they and the ballot boxes shall be
17within plain view of those within the proximity of the voting
18booths. No person other than election officers and the
19challengers allowed by law and those admitted for the purpose
20of voting, as hereinafter provided, shall be permitted within
21the proximity of the voting booths, except by authority of the
22primary officers to keep order and enforce the law.
23    (b) The number of such voting booths shall not be less than

 

 

SB1814- 2 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 3 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 4 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 5 -LRB097 10045 HLH 50221 b

1    Sec. 17-29. (a) No judge of election, pollwatcher, or other
2person shall, at any primary or election, do any electioneering
3or soliciting of votes or engage in any political discussion
4within any polling place, within 100 feet of any polling place,
5or, at the option of a church or private school, on any of the
6property of that church or private school that is a polling
7place; no person shall interrupt, hinder or oppose any voter
8while approaching within those areas for the purpose of voting.
9Judges of election shall enforce the provisions of this
10Section.
11    (b) Election officers shall place 2 or more cones, small
12United States national flags, or some other marker a distance
13of 100 horizontal feet from each entrance to the room used by
14voters to engage in voting, which shall be known as the polling
15room. If the polling room is located within a building that is
16a private business, a public or private school, or a church or
17other organization founded for the purpose of religious worship
18and the distance of 100 horizontal feet ends within the
19interior of the building, then the markers shall be placed
20outside of the building at each entrance used by voters to
21enter that building on the grounds adjacent to the thoroughfare
22or walkway. If the polling room is located within a public or
23private building with 2 or more floors and the polling room is
24located on the ground floor, then the markers shall be placed
25100 horizontal feet from each entrance to the polling room used
26by voters to engage in voting. If the polling room is located

 

 

SB1814- 6 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 7 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 8 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 9 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 10 -LRB097 10045 HLH 50221 b

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

 

 

SB1814- 11 -LRB097 10045 HLH 50221 b

1    (10 ILCS 5/19A-70)
2    Sec. 19A-70. Advertising or campaigning in proximity of
3polling place; penalty. During the period prescribed in Section
419A-15 for early voting by personal appearance, the provisions
5of Sections 7-41, 17-29, and 19-2.2 shall apply; including that
6a person is prohibited from placing temporary signs on any part
7of the polling place property beyond the campaign free zone.
8This provision is a denial and limitation of home rule powers
9and functions in accordance with subsection (h) of Section 6 of
10Article VII of the Illinois Constitution. no advertising
11pertaining to any candidate or proposition to be voted on may
12be displayed in or within 100 feet of any polling place used by
13voters under this Article. No person may engage in
14electioneering in or within 100 feet of any polling place used
15by voters under this Article. The provisions of Section 17-29
16with respect to establishment of a campaign free zone apply to
17polling places under this Article.
18    Any person who violates this Section may be punished for
19contempt of court.
20(Source: P.A. 94-645, eff. 8-22-05.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.