SB3338sam001 97TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 3/26/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3338

2    AMENDMENT NO. ______. Amend Senate Bill 3338 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, 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
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

 

 

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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

 

 

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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

 

 

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1zone, whether publicly or privately owned, including
2immediately adjacent sidewalks and parkways, is a public forum
3for the time that the polls are open on an election day. At the
4request of election officers any publicly owned building must
5be made available for use as a polling place. A person shall
6have the right to congregate and engage in electioneering on
7any polling place property while the polls are open beyond the
8campaign free zone, including but not limited to, the placement
9of temporary signs. This subsection shall be construed
10liberally in favor of persons engaging in electioneering on all
11polling place property beyond the campaign free zone for the
12time that the polls are open on an election day.
13    (d) The regulation of electioneering on polling place
14property on an election day, including but not limited to the
15placement of temporary signs, is an exclusive power and
16function of the State. A home rule unit may not regulate
17electioneering and any ordinance or local law contrary to
18subsection (c) is declared void. This is a denial and
19limitation of home rule powers and functions under subsection
20(h) of Section 6 of Article VII of the Illinois Constitution.
21(Source: P.A. 95-699, eff. 11-9-07.)
 
22    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
23    Sec. 17-29. (a) No judge of election, pollwatcher, or other
24person shall, at any primary or election, do any electioneering
25or soliciting of votes or engage in any political discussion

 

 

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1within any polling place, within 100 feet of any polling place,
2or, at the option of a church or private school, on any of the
3property of that church or private school that is a polling
4place; no person shall interrupt, hinder or oppose any voter
5while approaching within those areas for the purpose of voting.
6Judges of election shall enforce the provisions of this
7Section.
8    (b) Election officers shall place 2 or more cones, small
9United States national flags, or some other marker a distance
10of 100 horizontal feet from each entrance to the room used by
11voters to engage in voting, which shall be known as the polling
12room. If the polling room is located within a building that is
13a private business, a public or private school, or a church or
14other organization founded for the purpose of religious worship
15and the distance of 100 horizontal feet ends within the
16interior of the building, then the markers shall be placed
17outside of the building at each entrance used by voters to
18enter that building on the grounds adjacent to the thoroughfare
19or walkway. If the polling room is located within a public or
20private building with 2 or more floors and the polling room is
21located on the ground floor, then the markers shall be placed
22100 horizontal feet from each entrance to the polling room used
23by voters to engage in voting. If the polling room is located
24in a public or private building with 2 or more floors and the
25polling room is located on a floor above or below the ground
26floor, then the markers shall be placed a distance of 100 feet

 

 

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

 

 

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1identifying the location of the polling place is placed on a
2nearby public roadway. The State Board of Elections shall
3establish guidelines for the placement of polling place
4signage.
5    (c) The regulation of electioneering on polling place
6property on an election day, including but not limited to the
7placement of temporary signs, is an exclusive power and
8function of the State. A home rule unit may not regulate
9electioneering and any ordinance or local law contrary to
10subsection (c) is declared void. This is a denial and
11limitation of home rule powers and functions under subsection
12(h) of Section 6 of Article VII of the Illinois Constitution.
13(Source: P.A. 95-699, eff. 11-9-07.)
 
14    (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
15    Sec. 19-2.2. (a) During the period beginning on the 40th
16day preceding an election and continuing through the day
17preceding such election, no advertising pertaining to any
18candidate or proposition to be voted upon shall be displayed in
19or within 100 feet of any room used by voters pursuant to this
20Article, or, at the option of a church or private school, on
21any of the property of that church or private school that is a
22polling place; nor shall any person engage in electioneering in
23or within 100 feet of any such room, or, at the option of a
24church or private school, on any of the property of that church
25or private school that is a polling place. Any person who

 

 

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1violates this Section may be punished as for contempt of court.
2    (b) Election officers shall place 2 or more cones, small
3United States national flags, or some other marker a distance
4of 100 horizontal feet from each entrance to the room used by
5voters to engage in voting, or, at the option of a church or
6private school, on any of the property of that church or
7private school that is a polling place, which shall be known as
8the polling room. If the polling room is located within a
9building that is a private business, a public or private
10school, or a church or other organization founded for the
11purpose of religious worship and the distance of 100 horizontal
12feet ends within the interior of the building, then the markers
13shall be placed outside of the building at each entrance used
14by voters to enter that building on the grounds adjacent to the
15thoroughfare or walkway. If the polling room is located within
16a public or private building with 2 or more floors and the
17polling room is located on the ground floor, then the markers
18shall be placed 100 horizontal feet from each entrance to the
19polling room used by voters to engage in voting. If the polling
20room is located in a public or private building with 2 or more
21floors and the polling room is located on a floor above or
22below the ground floor, then the markers shall be placed a
23distance of 100 feet from the nearest elevator or staircase
24used by voters on the ground floor to access the floor where
25the polling room is located. The area within where the markers
26are placed shall be known as a campaign free zone, and

 

 

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1electioneering is prohibited pursuant to this subsection.
2Notwithstanding any other provision of this Section, a church
3or private school may choose to apply the campaign free zone to
4its entire property, and, if so, the markers shall be placed
5near the boundaries on the grounds adjacent to the
6thoroughfares or walkways leading to the entrances used by the
7voters.
8    The area on polling place property beyond the campaign free
9zone, whether publicly or privately owned, including
10immediately adjacent sidewalks and parkways, is a public forum
11for the time that the polls are open on an election day. At the
12request of election officers any publicly owned building must
13be made available for use as a polling place. A person shall
14have the right to congregate and engage in electioneering on
15any polling place property while the polls are open beyond the
16campaign free zone, including but not limited to, the placement
17of temporary signs. This subsection shall be construed
18liberally in favor of persons engaging in electioneering on all
19polling place property beyond the campaign free zone for the
20time that the polls are open on an election day.
21    (c) The regulation of electioneering on polling place
22property on an election day, including but not limited to the
23placement of temporary signs, is an exclusive power and
24function of the State. A home rule unit may not regulate
25electioneering and any ordinance or local law contrary to
26subsection (b) is declared void. This is a denial and

 

 

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1limitation of home rule powers and functions under subsection
2(h) of Section 6 of Article VII of the Illinois Constitution.
3(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".