101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0067

 

Introduced 1/23/2019, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/11-4.1  from Ch. 46, par. 11-4.1
105 ILCS 5/22-21  from Ch. 122, par. 22-21

    Amends the Election Code. Provides that a school building may not be used as a polling place if such a use is impossible or inconvenient as determined by a vote of the school board controlling the school building (rather than requiring a school district to make a school available as a polling place if the county board or board of election commissioners chooses a school to be a polling place). Amends the School Code. Provides that every school board may (rather than shall) offer to the appropriate officer or board having responsibility for providing polling places for elections the use of any and all buildings under its jurisdiction for any and all elections to be held, if so requested by such appropriate officer or board.


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A BILL FOR

 

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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 Section
511-4.1 as follows:
 
6    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
7    Sec. 11-4.1. (a) In appointing polling places under this
8Article, the county board or board of election commissioners
9shall, insofar as they are convenient and available, use
10schools and other public buildings as polling places.
11    (b) Upon request of the county board or board of election
12commissioners, the proper agency of government (including
13school districts and units of local government) shall make a
14public building under its control available for use as a
15polling place on an election day and for a reasonably necessary
16time before and after election day, without charge, unless such
17use is impossible or inconvenient as determined by a vote of
18the school board controlling the school building. If the county
19board or board of election commissioners chooses a school to be
20a polling place, then the school district must make the school
21available for use as a polling place. However, for the day of
22the election, a school district is encouraged to (i) close the
23school or (ii) hold a teachers institute on that day with

 

 

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1students not in attendance.
2    (c) A government agency which makes a public building under
3its control available for use as a polling place shall (i)
4ensure the portion of the building to be used as the polling
5place is accessible to voters with disabilities and elderly
6voters and (ii) allow the election authority to administer the
7election as authorized under this Code.
8    (d) If a qualified elector's precinct polling place is a
9school and the elector will be unable to enter that polling
10place without violating Section 11-9.3 of the Criminal Code of
112012 because the elector is a child sex offender as defined in
12Section 11-9.3 of the Criminal Code of 2012, that elector may
13vote by a vote by mail ballot in accordance with Article 19 of
14this Code or may vote early in accordance with Article 19A of
15this Code.
16(Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15;
1799-143, eff. 7-27-15.)
 
18    Section 10. The School Code is amended by changing Section
1922-21 as follows:
 
20    (105 ILCS 5/22-21)  (from Ch. 122, par. 22-21)
21    Sec. 22-21. Elections-Use of school buildings.
22    (a) Every school board may shall offer to the appropriate
23officer or board having responsibility for providing polling
24places for elections the use of any and all buildings under its

 

 

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1jurisdiction for any and all elections to be held, if so
2requested by such appropriate officer or board.
3    (b) Election officers shall place 2 or more cones, small
4United States national flags, or some other marker a distance
5of 100 horizontal feet from each entrance to the room used by
6voters to engage in voting, which shall be known as the polling
7room. If the polling room is located within a building that is
8a public or private school and the distance of 100 horizontal
9feet ends within the interior of the building, then the markers
10shall be placed outside of the building at each entrance used
11by voters to enter that building on the grounds adjacent to the
12thoroughfare or walkway. If the polling room is located within
13a public or private school building with 2 or more floors and
14the polling room is located on the ground floor, then the
15markers shall be placed 100 horizontal feet from each entrance
16to the polling room used by voters to engage in voting. If the
17polling room is located in a public or private school building
18with 2 or more floors and the polling room is located on a
19floor above or below the ground floor, then the markers shall
20be placed a distance of 100 feet from the nearest elevator or
21staircase used by voters on the ground floor to access the
22floor where the polling room is located. The area within where
23the markers are placed shall be known as a campaign free zone,
24and electioneering is prohibited pursuant to this subsection.
25    Notwithstanding any other provision of this Code, the area
26on polling place property beyond the campaign free zone,

 

 

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1whether publicly or privately owned, is a public forum for the
2time that the polls are open on an election day. At the request
3of election officers any publicly owned building must be made
4available for use as a polling place. A person shall have the
5right to congregate and engage in electioneering on any polling
6place property while the polls are open beyond the campaign
7free zone, including but not limited to, the placement of
8temporary signs. This subsection shall be construed liberally
9in favor of persons engaging in electioneering on all polling
10place property beyond the campaign free zone for the time that
11the polls are open on an election day.
12(Source: P.A. 93-574, eff. 8-21-03.)