93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2449

 

Introduced 2/3/2004, by Wendell E. Jones, Frank C. Watson

 

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
105 ILCS 5/22-21   from Ch. 122, par. 22-21

    Amends the Election Code and the School Code. Provides that the property of a polling place beyond the designated campaign-free zone is a public forum while the polling place is open on election day only if that area of the polling place is public property. Effective immediately.


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A BILL FOR

 

SB2449 LRB093 20494 JAM 46284 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 the
8 duty of designating and providing polling places for general
9 elections, shall provide in each such polling place so
10 designated and provided, a sufficient number of booths for such
11 primary election, which booths shall be provided with shelves,
12 such supplies and pencils as will enable the voter to prepare
13 his ballot for voting and in which voters may prepare their
14 ballots screened from all observation as to the manner in which
15 they do so. Such booths shall be within plain view of the
16 election officers and both they and the ballot boxes shall be
17 within plain view of those within the proximity of the voting
18 booths. No person other than election officers and the
19 challengers allowed by law and those admitted for the purpose
20 of voting, as hereinafter provided, shall be permitted within
21 the proximity of the voting booths, except by authority of the
22 primary officers to keep order and enforce the law.
23     (b) The number of such voting booths shall not be less than
24 one to every seventy-five voters or fraction thereof, who voted
25 at the last preceding election in the precinct or election
26 district.
27     (c) No person shall do any electioneering or soliciting of
28 votes on primary day within any polling place or within one
29 hundred feet of any polling place. Election officers shall
30 place 2 or more cones, small United States national flags, or
31 some other marker a distance of 100 horizontal feet from each
32 entrance to the room used by voters to engage in voting, which

 

 

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1 shall be known as the polling room. If the polling room is
2 located within a building that is a public or private school or
3 a church or other organization founded for the purpose of
4 religious worship and the distance of 100 horizontal feet ends
5 within the interior of the building, then the markers shall be
6 placed outside of the building at each entrance used by voters
7 to enter that building on the grounds adjacent to the
8 thoroughfare or walkway. If the polling room is located within
9 a public or private building with 2 or more floors and the
10 polling room is located on the ground floor, then the markers
11 shall be placed 100 horizontal feet from each entrance to the
12 polling room used by voters to engage in voting. If the polling
13 room is located in a public or private building with 2 or more
14 floors and the polling room is located on a floor above or
15 below the ground floor, then the markers shall be placed a
16 distance of 100 feet from the nearest elevator or staircase
17 used by voters on the ground floor to access the floor where
18 the polling room is located. The area within where the markers
19 are placed shall be known as a campaign free zone, and
20 electioneering is prohibited pursuant to this subsection.
21     The area on polling place property beyond the campaign free
22 zone, only if that area is on public property whether publicly
23 or privately owned, is a public forum for the time that the
24 polls are open on an election day. At the request of election
25 officers any publicly owned building must be made available for
26 use as a polling place. A person shall have the right to
27 congregate and engage in electioneering on any polling place
28 property while the polls are open beyond the campaign free
29 zone, including but not limited to, the placement of temporary
30 signs. This subsection shall be construed liberally in favor of
31 persons engaging in electioneering on all polling place
32 property beyond the campaign free zone for the time that the
33 polls are open on an election day.
34     (d) The regulation of electioneering on polling place
35 property on an election day, including but not limited to the
36 placement of temporary signs, is an exclusive power and

 

 

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1 function of the State. A home rule unit may not regulate
2 electioneering and any ordinance or local law contrary to
3 subsection (c) is declared void. This is a denial and
4 limitation of home rule powers and functions under subsection
5 (h) of Section 6 of Article VII of the Illinois Constitution.
6 (Source: P.A. 93-574, eff. 8-21-03.)
 
7     (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
8     Sec. 17-29. (a) No judge of election, pollwatcher, or other
9 person shall, at any primary or election, do any electioneering
10 or soliciting of votes or engage in any political discussion
11 within any polling place or within 100 feet of any polling
12 place; no person shall interrupt, hinder or oppose any voter
13 while approaching within 100 feet of any polling place for the
14 purpose of voting. Judges of election shall enforce the
15 provisions of this Section.
16     (b) Election officers shall place 2 or more cones, small
17 United States national flags, or some other marker a distance
18 of 100 horizontal feet from each entrance to the room used by
19 voters to engage in voting, which shall be known as the polling
20 room. If the polling room is located within a building that is
21 a public or private school or a church or other organization
22 founded for the purpose of religious worship and the distance
23 of 100 horizontal feet ends within the interior of the
24 building, then the markers shall be placed outside of the
25 building at each entrance used by voters to enter that building
26 on the grounds adjacent to the thoroughfare or walkway. If the
27 polling room is located within a public or private building
28 with 2 or more floors and the polling room is located on the
29 ground floor, then the markers shall be placed 100 horizontal
30 feet from each entrance to the polling room used by voters to
31 engage in voting. If the polling room is located in a public or
32 private building with 2 or more floors and the polling room is
33 located on a floor above or below the ground floor, then the
34 markers shall be placed a distance of 100 feet from the nearest
35 elevator or staircase used by voters on the ground floor to

 

 

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1 access the floor where the polling room is located. The area
2 within where the markers are placed shall be known as a
3 campaign free zone, and electioneering is prohibited pursuant
4 to this subsection.
5     The area on polling place property beyond the campaign free
6 zone, only if that area is on public property whether publicly
7 or privately owned, is a public forum for the time that the
8 polls are open on an election day. At the request of election
9 officers any publicly owned building must be made available for
10 use as a polling place. A person shall have the right to
11 congregate and engage in electioneering on any polling place
12 property while the polls are open beyond the campaign free
13 zone, including but not limited to, the placement of temporary
14 signs. This subsection shall be construed liberally in favor of
15 persons engaging in electioneering on all polling place
16 property beyond the campaign free zone for the time that the
17 polls are open on an election day.
18     (c) The regulation of electioneering on polling place
19 property on an election day, including but not limited to the
20 placement of temporary signs, is an exclusive power and
21 function of the State. A home rule unit may not regulate
22 electioneering and any ordinance or local law contrary to
23 subsection (c) is declared void. This is a denial and
24 limitation 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.)
 
27     (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
28     Sec. 19-2.2. (a) During the period beginning on the 40th
29 day preceding an election and continuing through the day
30 preceding such election, no advertising pertaining to any
31 candidate or proposition to be voted upon shall be displayed in
32 or within 100 feet of any room used by voters pursuant to this
33 Article; nor shall any person engage in electioneering in or
34 within 100 feet of any such room. Any person who violates this
35 Section may be punished as for contempt of court.

 

 

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1     (b) Election officers shall place 2 or more cones, small
2 United States national flags, or some other marker a distance
3 of 100 horizontal feet from each entrance to the room used by
4 voters to engage in voting, which shall be known as the polling
5 room. If the polling room is located within a building that is
6 a public or private school or a church or other organization
7 founded for the purpose of religious worship and the distance
8 of 100 horizontal feet ends within the interior of the
9 building, then the markers shall be placed outside of the
10 building at each entrance used by voters to enter that building
11 on the grounds adjacent to the thoroughfare or walkway. If the
12 polling room is located within a public or private building
13 with 2 or more floors and the polling room is located on the
14 ground floor, then the markers shall be placed 100 horizontal
15 feet from each entrance to the polling room used by voters to
16 engage in voting. If the polling room is located in a public or
17 private building with 2 or more floors and the polling room is
18 located on a floor above or below the ground floor, then the
19 markers shall be placed a distance of 100 feet from the nearest
20 elevator or staircase used by voters on the ground floor to
21 access the floor where the polling room is located. The area
22 within where the markers are placed shall be known as a
23 campaign free zone, and electioneering is prohibited pursuant
24 to this subsection.
25     The area on polling place property beyond the campaign free
26 zone, only if that area is on public property whether publicly
27 or privately owned, is a public forum for the time that the
28 polls are open on an election day. At the request of election
29 officers any publicly owned building must be made available for
30 use as a polling place. A person shall have the right to
31 congregate and engage in electioneering on any polling place
32 property while the polls are open beyond the campaign free
33 zone, including but not limited to, the placement of temporary
34 signs. This subsection shall be construed liberally in favor of
35 persons engaging in electioneering on all polling place
36 property beyond the campaign free zone for the time that the

 

 

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1 polls are open on an election day.
2     (c) The regulation of electioneering on polling place
3 property on an election day, including but not limited to the
4 placement of temporary signs, is an exclusive power and
5 function of the State. A home rule unit may not regulate
6 electioneering and any ordinance or local law contrary to
7 subsection (b) is declared void. This is a denial and
8 limitation of home rule powers and functions under subsection
9 (h) of Section 6 of Article VII of the Illinois Constitution.
10 (Source: P.A. 93-574, eff. 8-21-03.)
 
11     Section 10. The School Code is amended by changing Section
12 22-21 as follows:
 
13     (105 ILCS 5/22-21)  (from Ch. 122, par. 22-21)
14     Sec. 22-21. Elections-Use of school buildings.
15     (a) Every school board shall offer to the appropriate
16 officer or board having responsibility for providing polling
17 places for elections the use of any and all buildings under its
18 jurisdiction for any and all elections to be held, if so
19 requested by such appropriate officer or board.
20     (b) Election officers shall place 2 or more cones, small
21 United States national flags, or some other marker a distance
22 of 100 horizontal feet from each entrance to the room used by
23 voters to engage in voting, which shall be known as the polling
24 room. If the polling room is located within a building that is
25 a public or private school and the distance of 100 horizontal
26 feet ends within the interior of the building, then the markers
27 shall be placed outside of the building at each entrance used
28 by voters to enter that building on the grounds adjacent to the
29 thoroughfare or walkway. If the polling room is located within
30 a public or private school building with 2 or more floors and
31 the polling room is located on the ground floor, then the
32 markers shall be placed 100 horizontal feet from each entrance
33 to the polling room used by voters to engage in voting. If the
34 polling room is located in a public or private school building

 

 

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1 with 2 or more floors and the polling room is located on a
2 floor above or below the ground floor, then the markers shall
3 be placed a distance of 100 feet from the nearest elevator or
4 staircase used by voters on the ground floor to access the
5 floor where the polling room is located. The area within where
6 the markers are placed shall be known as a campaign free zone,
7 and electioneering is prohibited pursuant to this subsection.
8     Notwithstanding any other provision of this Code, the area
9 on polling place property beyond the campaign free zone, only
10 if that area is on public property whether publicly or
11 privately owned, is a public forum for the time that the polls
12 are open on an election day. At the request of election
13 officers any publicly owned building must be made available for
14 use as a polling place. A person shall have the right to
15 congregate and engage in electioneering on any polling place
16 property while the polls are open beyond the campaign free
17 zone, including but not limited to, the placement of temporary
18 signs. This subsection shall be construed liberally in favor of
19 persons engaging in electioneering on all polling place
20 property beyond the campaign free zone for the time that the
21 polls are open on an election day.
22 (Source: P.A. 93-574, eff. 8-21-03.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.