Sen. Terry Link

Filed: 3/23/2012

 

 


 

 


 
09700SB3669sam001LRB097 18256 PJG 67776 a

1
AMENDMENT TO SENATE BILL 3669

2    AMENDMENT NO. ______. Amend Senate Bill 3669 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09700SB3669sam001- 2 -LRB097 18256 PJG 67776 a

1within plain view of those within the proximity of the voting
2booths. No person other than election officers and the
3challengers allowed by law and those admitted for the purpose
4of voting, as hereinafter provided, shall be permitted within
5the proximity of the voting booths, except by authority of the
6primary officers to keep order and enforce the law.
7    (b) The number of such voting booths shall not be less than
8one to every seventy-five voters or fraction thereof, who voted
9at the last preceding election in the precinct or election
10district.
11    (c) No person shall do any electioneering or soliciting of
12votes on primary day within any polling place or within one
13hundred feet of any polling place, or, at the option of a
14church or private school, on any of the property of that church
15or private school that is a polling place. Election officers
16shall place 2 or more cones, small United States national
17flags, or some other marker a distance of 100 horizontal feet
18from each entrance to the room used by voters to engage in
19voting, which shall be known as the polling room. If the
20polling room is located within a building that is a private
21business, a public or private school, or a church or other
22organization founded for the purpose of religious worship and
23the distance of 100 horizontal feet ends within the interior of
24the building, then the markers shall be placed outside of the
25building at each entrance used by voters to enter that building
26on the grounds adjacent to the thoroughfare or walkway. If the

 

 

09700SB3669sam001- 3 -LRB097 18256 PJG 67776 a

1polling room is located within a public or private building
2with 2 or more floors and the polling room is located on the
3ground floor, then the markers shall be placed 100 horizontal
4feet from each entrance to the polling room used by voters to
5engage in voting. If the polling room is located in a public or
6private building with 2 or more floors and the polling room is
7located on a floor above or below the ground floor, then the
8markers shall be placed a distance of 100 feet from the nearest
9elevator or staircase used by voters on the ground floor to
10access the floor where the polling room is located. The area
11within where the markers are placed shall be known as a
12campaign free zone, and electioneering is prohibited pursuant
13to this subsection. Notwithstanding any other provision of this
14Section, a church or private school may choose to apply the
15campaign free zone to its entire property, and, if so, the
16markers shall be placed near the boundaries on the grounds
17adjacent to the thoroughfares or walkways leading to the
18entrances used by the voters. At or near the door of each
19polling place, the election judges shall place signage
20indicating the proper entrance to the polling place. In
21addition, the election judges shall ensure that a sign
22identifying the location of the polling place is placed on a
23nearby public roadway. The State Board of Elections shall
24establish guidelines for the placement of polling place
25signage.
26    The area on polling place property beyond the campaign free

 

 

09700SB3669sam001- 4 -LRB097 18256 PJG 67776 a

1zone, whether publicly or privately owned, is a public forum
2for the time that the polls are open on an election day. At the
3request of election officers any publicly owned building must
4be made available for use as a polling place. A person shall
5have the right to congregate and engage in electioneering on
6any polling place property while the polls are open beyond the
7campaign free zone, except for including but not limited to,
8the placement of temporary signs. This subsection shall be
9construed liberally in favor of persons engaging in
10electioneering on all polling place property beyond the
11campaign free zone for the time that the polls are open on an
12election day. Nothing in this Section shall prohibit the
13placement of temporary signs within a private dwelling in a
14public or private building where a polling place is located.
15Nothing in this Section shall prohibit the placement of
16temporary signs on the doors or windows of a private dwelling
17in a public or private building where a polling place is
18located so long as that private dwelling is located on a
19different floor than the polling room or that private dwelling
20is located a distance of at least 100 horizontal feet from each
21entrance to the polling room if the private dwelling and
22polling room are located on the same floor.
23    (d) The regulation of electioneering on polling place
24property on an election day, including but not limited to the
25placement of temporary signs, is an exclusive power and
26function of the State. A home rule unit may not regulate

 

 

09700SB3669sam001- 5 -LRB097 18256 PJG 67776 a

1electioneering and any ordinance or local law contrary to
2subsection (c) is declared void. This is a denial and
3limitation of home rule powers and functions under subsection
4(h) of Section 6 of Article VII of the Illinois Constitution.
5(Source: P.A. 95-699, eff. 11-9-07.)
 
6    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
7    Sec. 17-29. (a) No judge of election, pollwatcher, or other
8person shall, at any primary or election, do any electioneering
9or soliciting of votes or engage in any political discussion
10within any polling place, within 100 feet of any polling place,
11or, at the option of a church or private school, on any of the
12property of that church or private school that is a polling
13place; no person shall interrupt, hinder or oppose any voter
14while approaching within those areas for the purpose of voting.
15Judges of election shall enforce the provisions of this
16Section.
17    (b) Election officers shall place 2 or more cones, small
18United States national flags, or some other marker a distance
19of 100 horizontal feet from each entrance to the room used by
20voters to engage in voting, which shall be known as the polling
21room. If the polling room is located within a building that is
22a private business, a public or private school, or a church or
23other organization founded for the purpose of religious worship
24and the distance of 100 horizontal feet ends within the
25interior of the building, then the markers shall be placed

 

 

09700SB3669sam001- 6 -LRB097 18256 PJG 67776 a

1outside of the building at each entrance used by voters to
2enter that building on the grounds adjacent to the thoroughfare
3or walkway. If the polling room is located within a public or
4private building with 2 or more floors and the polling room is
5located on the ground floor, then the markers shall be placed
6100 horizontal feet from each entrance to the polling room used
7by voters to engage in voting. If the polling room is located
8in a public or private building with 2 or more floors and the
9polling room is located on a floor above or below the ground
10floor, then the markers shall be placed a distance of 100 feet
11from the nearest elevator or staircase used by voters on the
12ground floor to access the floor where the polling room is
13located. The area within where the markers are placed shall be
14known as a campaign free zone, and electioneering is prohibited
15pursuant to this subsection. Notwithstanding any other
16provision of this Section, a church or private school may
17choose to apply the campaign free zone to its entire property,
18and, if so, the markers shall be placed near the boundaries on
19the grounds adjacent to the thoroughfares or walkways leading
20to the entrances used by the voters.
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

 

 

09700SB3669sam001- 7 -LRB097 18256 PJG 67776 a

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. At or near the door of each
18polling place, the election judges shall place signage
19indicating the proper entrance to the polling place. In
20addition, the election judges shall ensure that a sign
21identifying the location of the polling place is placed on a
22nearby public roadway. The State Board of Elections shall
23establish guidelines for the placement of polling place
24signage.
25    (c) The regulation of electioneering on polling place
26property on an election day, including but not limited to the

 

 

09700SB3669sam001- 8 -LRB097 18256 PJG 67776 a

1placement of temporary signs, is an exclusive power and
2function of the State. A home rule unit may not regulate
3electioneering and any ordinance or local law contrary to
4subsection (c) is declared void. This is a denial and
5limitation of home rule powers and functions under subsection
6(h) of Section 6 of Article VII of the Illinois Constitution.
7(Source: P.A. 95-699, eff. 11-9-07.)
 
8    (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
9    Sec. 19-2.2. (a) During the period beginning on the 40th
10day preceding an election and continuing through the day
11preceding such election, no advertising pertaining to any
12candidate or proposition to be voted upon shall be displayed in
13or within 100 feet of any room used by voters pursuant to this
14Article, or, at the option of a church or private school, on
15any of the property of that church or private school that is a
16polling place; nor shall any person engage in electioneering in
17or within 100 feet of any such room, or, at the option of a
18church or private school, on any of the property of that church
19or private school that is a polling place. Any person who
20violates this Section may be punished as for contempt of court.
21    (b) Election officers shall place 2 or more cones, small
22United States national flags, or some other marker a distance
23of 100 horizontal feet from each entrance to the room used by
24voters to engage in voting, or, at the option of a church or
25private school, on any of the property of that church or

 

 

09700SB3669sam001- 9 -LRB097 18256 PJG 67776 a

1private school that is a polling place, which shall be known as
2the polling room. If the polling room is located within a
3building that is a private business, a public or private
4school, or a church or other organization founded for the
5purpose of religious worship and the distance of 100 horizontal
6feet ends within the interior of the building, then the markers
7shall be placed outside of the building at each entrance used
8by voters to enter that building on the grounds adjacent to the
9thoroughfare or walkway. If the polling room is located within
10a public or private building with 2 or more floors and the
11polling room is located on the ground floor, then the markers
12shall be placed 100 horizontal feet from each entrance to the
13polling room used by voters to engage in voting. If the polling
14room is located in a public or private building with 2 or more
15floors and the polling room is located on a floor above or
16below the ground floor, then the markers shall be placed a
17distance of 100 feet from the nearest elevator or staircase
18used by voters on the ground floor to access the floor where
19the polling room is located. The area within where the markers
20are placed shall be known as a campaign free zone, and
21electioneering is prohibited pursuant to this subsection.
22Notwithstanding any other provision of this Section, a church
23or private school may choose to apply the campaign free zone to
24its entire property, and, if so, the markers shall be placed
25near the boundaries on the grounds adjacent to the
26thoroughfares or walkways leading to the entrances used by the

 

 

09700SB3669sam001- 10 -LRB097 18256 PJG 67776 a

1voters.
2    The area on polling place property beyond the campaign free
3zone, whether publicly or privately owned, is a public forum
4for the time that the polls are open on an election day. At the
5request of election officers any publicly owned building must
6be made available for use as a polling place. A person shall
7have the right to congregate and engage in electioneering on
8any polling place property while the polls are open beyond the
9campaign free zone, except for including but not limited to,
10the placement of temporary signs. Nothing in this Section shall
11prohibit the placement of temporary signs within a private
12dwelling in a public or private building where a polling place
13is located. Nothing in this Section shall prohibit the
14placement of temporary signs on the doors or windows of a
15private dwelling in a public or private building where a
16polling place is located so long as that private dwelling is
17located on a different floor than the polling room or that
18private dwelling is located a distance of at least 100
19horizontal feet from each entrance to the polling room if the
20private dwelling and polling room are located on the same
21floor. This subsection shall be construed liberally in favor of
22persons engaging in electioneering on all polling place
23property beyond the campaign free zone for the time that the
24polls are open on an election day.
25    (c) The regulation of electioneering on polling place
26property on an election day, including but not limited to the

 

 

09700SB3669sam001- 11 -LRB097 18256 PJG 67776 a

1placement of temporary signs, is an exclusive power and
2function of the State. A home rule unit may not regulate
3electioneering and any ordinance or local law contrary to
4subsection (b) is declared void. This is a denial and
5limitation of home rule powers and functions under subsection
6(h) of Section 6 of Article VII of the Illinois Constitution.
7(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 
8    (10 ILCS 5/19A-70)
9    Sec. 19A-70. Advertising or campaigning in proximity of
10polling place; penalty. During the period prescribed in Section
1119A-15 for early voting by personal appearance, the provisions
12of Sections 7-41, 17-29, and 19-2.2 shall apply; including that
13a person is prohibited from placing temporary signs on any part
14of the polling place property beyond the campaign free zone.
15This provision is a denial and limitation of home rule powers
16and functions in accordance with subsection (h) of Section 6 of
17Article VII of the Illinois Constitution. no advertising
18pertaining to any candidate or proposition to be voted on may
19be displayed in or within 100 feet of any polling place used by
20voters under this Article. No person may engage in
21electioneering in or within 100 feet of any polling place used
22by voters under this Article. The provisions of Section 17-29
23with respect to establishment of a campaign free zone apply to
24polling places under this Article.
25    Any person who violates this Section may be punished for

 

 

09700SB3669sam001- 12 -LRB097 18256 PJG 67776 a

1contempt of court.
2(Source: P.A. 94-645, eff. 8-22-05.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".