093_HB1442eng

 
HB1442 Engrossed                     LRB093 08958 JAM 09190 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
 8    the duty of designating  and  providing  polling  places  for
 9    general  elections,  shall provide in each such polling place
10    so designated and provided, a sufficient number of booths for
11    such primary election, which booths shall  be  provided  with
12    shelves,  such  supplies and pencils as will enable the voter
13    to prepare his ballot for voting  and  in  which  voters  may
14    prepare their ballots screened from all observation as to the
15    manner in which they do so. Such booths shall be within plain
16    view  of  the  election officers and both they and the ballot
17    boxes  shall  be  within  plain  view  of  those  within  the
18    proximity of the voting booths. No person other than election
19    officers  and  the  challengers  allowed  by  law  and  those
20    admitted for the purpose of voting, as hereinafter  provided,
21    shall be permitted within the proximity of the voting booths,
22    except by authority of the primary officers to keep order and
23    enforce the law.
24        (b)  The  number  of such voting booths shall not be less
25    than one to every seventy-five voters  or  fraction  thereof,
26    who  voted  at the last preceding election in the precinct or
27    election district.
28        (c)  No person shall do any electioneering or  soliciting
29    of  votes  on  primary day within any polling place or within
30    one hundred feet of  any  polling  place.  Election  officers
31    shall  place  2  or  more cones, small United States national
 
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 1    flags, or some other marker a distance of 100 feet  from  the
 2    entrance  of the room where voting is taking place.  Election
 3    officers shall place these markers on the grounds adjacent to
 4    the thoroughfares or walkways leading to  the  polling  place
 5    entrance.  This area within the distance of 100 feet from the
 6    entrance of the room where voting is taking  place  shall  be
 7    known   as  a  campaign  free  zone,  and  electioneering  is
 8    prohibited pursuant to this subsection.
 9        (d)  A person shall have  the  right  to  congregate  and
10    engage  in  electioneering  on  any  polling  place property,
11    including but not  limited  to  the  placement  of  temporary
12    signs,  beyond  the  campaign free zone. Electioneering means
13    the right of a person to engage in  political  expression  as
14    secured  by  the Constitution or laws of the United States or
15    of the State of Illinois. This subsection shall be  construed
16    liberally  in  favor of persons engaging in electioneering on
17    all polling place property beyond the campaign free zone.
18        (e)  The regulation of electioneering  on  polling  place
19    property  beyond  the  campaign  free zone, including but not
20    limited to the placement of temporary signs, is an  exclusive
21    power  and  function  of  the State. A home rule unit may not
22    regulate such electioneering. This is a denial and limitation
23    of home rule powers and functions  under  subsection  (h)  of
24    Section 6 of Article VII of the Illinois Constitution.
25    (Source: P.A. 89-653, eff. 8-14-96.)

26        (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
27        Sec.  17-29.  (a)  No  judge of election, pollwatcher, or
28    other person shall,  at  any  primary  or  election,  do  any
29    electioneering  or  soliciting  of  votes  or  engage  in any
30    political discussion within any polling place or  within  100
31    feet  of any polling place; no person shall interrupt, hinder
32    or oppose any voter while approaching within 100 feet of  any
33    polling  place  for the purpose of voting. Judges of election
 
HB1442 Engrossed            -3-      LRB093 08958 JAM 09190 b
 1    shall enforce the provisions of this Section.
 2        (b)  Election officers shall place 2 or more cones, small
 3    United States national flags, or some other marker a distance
 4    of 100 feet from the entrance of the  room  where  voting  is
 5    taking place.  Election officers shall place these markers on
 6    the grounds adjacent to the thoroughfares or walkways leading
 7    to  the  polling  place  entrance.    This  area  within  the
 8    distance  of  100  feet  from  the entrance of the room where
 9    voting is taking place shall be  known  as  a  campaign  free
10    zone, and electioneering is prohibited pursuant to subsection
11    (a).
12        (c)  A  person  shall  have  the  right to congregate and
13    engage in  electioneering  on  any  polling  place  property,
14    including  but  not  limited  to  the  placement of temporary
15    signs, beyond the campaign free  zone.  Electioneering  means
16    the  right  of  a person to engage in political expression as
17    secured by the Constitution or laws of the United  States  or
18    of  the State of Illinois. This subsection shall be construed
19    liberally in favor of persons engaging in  electioneering  on
20    all polling place property beyond the campaign free zone.
21        (d)  The  regulation  of  electioneering on polling place
22    property beyond the campaign free  zone,  including  but  not
23    limited  to the placement of temporary signs, is an exclusive
24    power and function of the State. A home  rule  unit  may  not
25    regulate such electioneering. This is a denial and limitation
26    of  home  rule  powers  and functions under subsection (h) of
27    Section 6 of Article VII of the Illinois Constitution.
28    (Source: P.A. 80-1090.)

29        (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
30        Sec. 19-2.2.  (a) During the period beginning on the 40th
31    day preceding an election  and  continuing  through  the  day
32    preceding  such  election,  no  advertising pertaining to any
33    candidate or proposition to be voted upon shall be  displayed
 
HB1442 Engrossed            -4-      LRB093 08958 JAM 09190 b
 1    in  or within 100 feet of any room used by voters pursuant to
 2    this Article; nor shall any person engage  in  electioneering
 3    in  or  within  100  feet  of  any such room.  Any person who
 4    violates this Section may be  punished  as  for  contempt  of
 5    court.
 6        (b)  Election officers shall place 2 or more cones, small
 7    United States national flags, or some other marker a distance
 8    of  100  feet  from  the entrance of the room where voting is
 9    taking place.  Election officers shall place these markers on
10    the grounds adjacent to the thoroughfares or walkways leading
11    to  the  polling  place  entrance.    This  area  within  the
12    distance of 100 feet from the  entrance  of  the  room  where
13    voting  is  taking  place  shall  be known as a campaign free
14    zone, and electioneering is prohibited pursuant to subsection
15    (a).
16        (c)  A person shall have  the  right  to  congregate  and
17    engage  in  electioneering  on  any  polling  place property,
18    including but not  limited  to  the  placement  of  temporary
19    signs,  beyond  the  campaign free zone. Electioneering means
20    the right of a person to engage in  political  expression  as
21    secured  by  the Constitution or laws of the United States or
22    of the State of Illinois. This subsection shall be  construed
23    liberally  in  favor of persons engaging in electioneering on
24    all polling place property beyond the campaign free zone.
25        (d)  The regulation of electioneering  on  polling  place
26    property  beyond  the  campaign  free zone, including but not
27    limited to the placement of temporary signs, is an  exclusive
28    power  and  function  of  the State. A home rule unit may not
29    regulate such electioneering. This is a denial and limitation
30    of home rule powers and functions  under  subsection  (h)  of
31    Section 6 of Article VII of the Illinois Constitution.
32    (Source: P.A. 80-1281; 80-1469; 80-1494.)

33        Section  10.  The  School  Code  is  amended  by changing
 
HB1442 Engrossed            -5-      LRB093 08958 JAM 09190 b
 1    Section 22-21 as follows:

 2        (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
 3        Sec. 22-21. Elections-Use of school buildings.
 4        (a)  Every school board shall offer  to  the  appropriate
 5    officer  or board having responsibility for providing polling
 6    places for elections the use of any and all  buildings  under
 7    its  jurisdiction for any and all elections to be held, if so
 8    requested by such appropriate officer or board.
 9        (b)  Election officers shall place 2 or more cones, small
10    United States national flags, or some other marker a distance
11    of 100 feet from the entrance of the  room  where  voting  is
12    taking place.  Election officers shall place these markers on
13    the grounds adjacent to the thoroughfares or walkways leading
14    to  the  polling  place  entrance.    This  area  within  the
15    distance  of  100  feet  from  the entrance of the room where
16    voting is taking place shall be  known  as  a  campaign  free
17    zone,  and  electioneering  is  prohibited  pursuant  to  the
18    Election Code.
19        (c)  Notwithstanding  any  provision  of this Code to the
20    contrary, a person shall have the  right  to  congregate  and
21    engage  in  electioneering  on  any  polling  place property,
22    including but not  limited  to  the  placement  of  temporary
23    signs,  beyond  the  campaign free zone. Electioneering means
24    the right of a person to engage in  political  expression  as
25    secured  by  the Constitution or laws of the United States or
26    of the State of Illinois. This subsection shall be  construed
27    liberally  in  favor of persons engaging in electioneering on
28    all polling place property beyond the campaign free zone.
29    (Source: Laws 1965, p. 2477.).

30        Section 99.  Effective date.  This Act takes effect  upon
31    becoming law.