Full Text of HB4480 98th General Assembly
HB4480 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4480 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-41 | from Ch. 46, par. 7-41 | 10 ILCS 5/11-4.1 | from Ch. 46, par. 11-4.1 | 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 |
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Amends the School Code. Provides that if a school board determines that it is infeasible for a school to act as a polling place while enforcing its written and standard policies regarding persons who are not students of nor employed by the school entering the school, the school board shall notify the appropriate officer or board having responsibility for providing polling places for elections that the school may not be used as a polling place. Amends the Election Code. Provides that schools that have asserted the right to not be used as a polling place under the School Code shall not be required to make the school available as a polling place. Effective immediately.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-41, 11-4.1, 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 |
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| 1 | | one to every
seventy-five voters or fraction thereof, who voted | 2 | | at the last preceding
election in the precinct or election | 3 | | district.
| 4 | | (c) No person shall do any electioneering or soliciting of | 5 | | votes on
primary day within any polling place or within one | 6 | | hundred feet of any polling
place, or, at the option of a | 7 | | church or private school, on any of the property of that church | 8 | | or private school that is a polling place. Election officers | 9 | | shall place 2 or more cones, small United States
national | 10 | | flags, or some other marker a distance of 100 horizontal feet | 11 | | from
each entrance to the room used by voters to engage in | 12 | | voting, which shall be
known as the polling room. If
the | 13 | | polling room is located within a building that is a private | 14 | | business, a public or private
school, or a church or other | 15 | | organization founded for the purpose of religious
worship and | 16 | | the
distance of 100 horizontal feet ends within the interior of | 17 | | the
building, then the markers shall be placed outside of the
| 18 | | building at each entrance used by voters to enter that
building | 19 | | on the grounds adjacent to the thoroughfare or walkway. If the | 20 | | polling
room is located within a public or private building | 21 | | with 2 or more floors and
the polling room is located on the | 22 | | ground floor, then the markers shall be
placed 100 horizontal | 23 | | feet from each entrance to the polling room used by
voters to | 24 | | engage in voting. If the polling room is located in a public or
| 25 | | private building with 2 or more floors and the polling room is | 26 | | located on a
floor above or below the ground floor,
then the |
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| 1 | | markers shall be placed a distance of 100 feet from the nearest
| 2 | | elevator or staircase used by voters on the ground floor to | 3 | | access the floor
where the polling room is located. The area | 4 | | within where the markers are placed
shall be known as a | 5 | | campaign free zone, and electioneering is prohibited
pursuant | 6 | | to this subsection. Notwithstanding any other provision of this | 7 | | Section, a church or private school may choose to apply the | 8 | | campaign free zone to its entire property, and, if so, the | 9 | | markers shall be placed near the boundaries on the grounds | 10 | | adjacent to the thoroughfares or walkways leading to the | 11 | | entrances used by the voters.
At or near the door of each | 12 | | polling place, the election judges shall place signage | 13 | | indicating the proper entrance to the polling place. In | 14 | | addition, the election judges shall ensure that a sign | 15 | | identifying the location of the polling place is placed on a | 16 | | nearby public roadway. The State Board of Elections shall | 17 | | establish guidelines for the placement of polling place | 18 | | signage.
| 19 | | The area on polling place property beyond the campaign free | 20 | | zone, whether
publicly or privately owned, is a public forum | 21 | | for the time that the polls are
open on an election day. At the | 22 | | request of election officers any publicly owned
building , other | 23 | | than schools that have asserted the rights granted by | 24 | | subsection (a-5) of Section 22-21 of the School Code, must be | 25 | | made available for use as a polling place. A person shall have
| 26 | | the right to congregate and engage in electioneering on any |
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| 1 | | polling place
property while the polls are open beyond the | 2 | | campaign free zone, including but
not limited to, the placement | 3 | | of temporary signs.
This subsection shall be construed | 4 | | liberally in favor of persons engaging in
electioneering
on all | 5 | | polling place property beyond the campaign free zone for the | 6 | | time that
the polls are
open on an election day.
| 7 | | (d) The regulation of electioneering on polling place | 8 | | property on an
election
day, including but not limited to the | 9 | | placement of temporary signs, is an
exclusive power and | 10 | | function of the State. A home rule unit may not regulate
| 11 | | electioneering and any ordinance or local law contrary to | 12 | | subsection (c) is
declared void. This is a denial and | 13 | | limitation of home rule powers and
functions under subsection | 14 | | (h) of Section 6 of Article VII of the Illinois
Constitution.
| 15 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 16 | | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
| 17 | | Sec. 11-4.1. (a) In appointing polling places under this | 18 | | Article, the
county board or board of election commissioners | 19 | | shall, insofar as they are
convenient and available, use | 20 | | schools and other public buildings (other than schools that | 21 | | have asserted the rights granted by subsection (a-5) of Section | 22 | | 22-21 of the School Code) as polling
places.
| 23 | | (b) Upon request of the county board or board of election | 24 | | commissioners,
the proper agency of government (including | 25 | | school districts and units of
local government) shall make a |
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| 1 | | public building under its control (other than schools that have | 2 | | asserted the rights granted by subsection (a-5) of Section | 3 | | 22-21 of the School Code) available
for use as a polling place | 4 | | on an election day and for a reasonably
necessary time before | 5 | | and after election day, without charge.
If the county board or | 6 | | board of election commissioners chooses a school
to be a | 7 | | polling place, then the school district must make the school
| 8 | | available for use as a polling place , except as provided by | 9 | | subsection (a-5) of Section 22-21 of the School Code .
However , | 10 | | if a school has not asserted its rights granted by subsection | 11 | | (a-5) of Section 22-21 of the School Code or has been ordered | 12 | | by a circuit court to make the building available , for the day | 13 | | of the election, a school district may choose to (i)
keep the | 14 | | school open or (ii) hold a teachers institute on the day of the | 15 | | election that day .
| 16 | | (c) A government agency which makes a public building under | 17 | | its
control available for use as a polling place shall ensure | 18 | | the portion of
the building to be used as the polling place is | 19 | | accessible to handicapped
and elderly voters.
| 20 | | (d) If a qualified elector's precinct polling place is a | 21 | | school and the elector will be unable to enter that polling | 22 | | place without violating Section 11-9.3 of the Criminal Code of | 23 | | 2012 because the elector is a child sex offender as defined in | 24 | | Section 11-9.3 of the Criminal Code of 2012, that elector may | 25 | | vote by absentee ballot in accordance with Article 19 of this | 26 | | Code or may vote early in accordance with Article 19A of this |
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| 1 | | Code. | 2 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 3 | | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
| 4 | | Sec. 17-29. (a) No judge of election, pollwatcher, or other | 5 | | person shall,
at any primary or election, do any electioneering | 6 | | or soliciting of votes
or engage in any political discussion | 7 | | within any polling place, within
100 feet of any polling place, | 8 | | or, at the option of a church or private school, on any of the | 9 | | property of that church or private school that is a polling | 10 | | place; no person shall interrupt, hinder or
oppose any voter | 11 | | while approaching within those areas
for the purpose of voting. | 12 | | Judges of election shall enforce the
provisions of this | 13 | | Section.
| 14 | | (b) Election officers shall place 2 or more cones, small | 15 | | United States
national flags, or some other marker a distance | 16 | | of 100 horizontal feet from
each entrance to the room used by | 17 | | voters to engage in voting, which shall be
known as the polling | 18 | | room. If
the polling room is located within a building
that is | 19 | | a private business, a public or private school, or a church or | 20 | | other organization founded
for the purpose of religious worship | 21 | | and the
distance of 100 horizontal feet ends within the | 22 | | interior of the
building, then the markers shall be placed | 23 | | outside of the
building at each entrance used by voters to | 24 | | enter that
building on the grounds adjacent to the thoroughfare | 25 | | or walkway. If the polling
room is located within a public or |
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| 1 | | private building with 2 or more floors and
the polling room is | 2 | | located on the ground floor, then the markers shall be
placed | 3 | | 100 horizontal feet from each entrance to the polling room used | 4 | | by
voters to engage in voting. If the polling room is located | 5 | | in a public or
private building with 2 or more floors and the | 6 | | polling room is located on a
floor above or below the ground | 7 | | floor,
then the markers shall be placed a distance of 100 feet | 8 | | from the nearest
elevator or staircase used by voters on the | 9 | | ground floor to access the floor
where the polling room is | 10 | | located. The area within where the markers are placed
shall be | 11 | | known as a campaign free zone, and electioneering is prohibited
| 12 | | pursuant to this subsection. Notwithstanding any other | 13 | | provision of this Section, a church or private school may | 14 | | choose to apply the campaign free zone to its entire property, | 15 | | and, if so, the markers shall be placed near the boundaries on | 16 | | the grounds adjacent to the thoroughfares or walkways leading | 17 | | to the entrances used by the voters.
| 18 | | The area on polling place property beyond the campaign free | 19 | | zone, whether
publicly or privately owned, is a public forum | 20 | | for the time that the polls are
open on an election day. At the | 21 | | request of election officers any publicly owned
building , other | 22 | | than schools that have asserted the rights granted by | 23 | | subsection (a-5) of Section 22-21 of the School Code, must be | 24 | | made available for use as a polling place. A person shall have
| 25 | | the right to congregate and engage in electioneering on any | 26 | | polling place
property while the polls are open beyond the |
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| 1 | | campaign free zone, including but
not limited to, the placement | 2 | | of temporary signs.
This subsection shall be construed | 3 | | liberally in favor of persons engaging in
electioneering
on all | 4 | | polling place property beyond the campaign free zone for the | 5 | | time that
the polls are
open on an election day. At or near the | 6 | | door of each polling place, the election judges shall place | 7 | | signage indicating the proper entrance to the polling place. In | 8 | | addition, the election judges shall ensure that a sign | 9 | | identifying the location of the polling place is placed on a | 10 | | nearby public roadway. The State Board of Elections shall | 11 | | establish guidelines for the placement of polling place | 12 | | signage.
| 13 | | (c) The regulation of electioneering on polling place | 14 | | property on an
election
day, including but not limited to the | 15 | | placement of temporary signs, is an
exclusive power and | 16 | | function of the State. A home rule unit may not regulate
| 17 | | electioneering and any ordinance or local law contrary to | 18 | | subsection (c) is
declared void. This is a denial and | 19 | | limitation 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 5/19-2.2) (from Ch. 46, par. 19-2.2)
| 23 | | Sec. 19-2.2. (a) During the period beginning on the 40th | 24 | | day preceding
an election and continuing through the day | 25 | | preceding such election, no
advertising pertaining to any |
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| 1 | | candidate or proposition to be voted upon
shall be displayed in | 2 | | or within 100 feet of any room used by voters
pursuant to this | 3 | | Article, or, at the option of a church or private school, on | 4 | | any of the property of that church or private school that is a | 5 | | polling place; nor shall any person engage in electioneering
in | 6 | | or within 100 feet of any such room, or, at the option of a | 7 | | church or private school, on any of the property of that church | 8 | | or private school that is a polling place. Any person who | 9 | | violates this
Section may be punished as for contempt of court.
| 10 | | (b) Election officers shall place 2 or more cones, small | 11 | | United States
national flags, or some other marker a distance | 12 | | of 100 horizontal feet from
each entrance to the room used by | 13 | | voters to engage in voting, or, at the option of a church or | 14 | | private school, on any of the property of that church or | 15 | | private school that is a polling place, which shall be
known as | 16 | | the polling room. If
the polling room is located within a | 17 | | building that is a private business, a public or private
| 18 | | school, or a church or other organization founded for the | 19 | | purpose of religious
worship and the
distance of 100 horizontal | 20 | | feet ends within the interior of the
building, then the markers | 21 | | shall be placed outside of the
building at each entrance used | 22 | | by voters to enter that
building on the grounds adjacent to the | 23 | | thoroughfare or walkway. If the polling
room is located within | 24 | | a public or private building with 2 or more floors and
the | 25 | | polling room is located on the ground floor, then the markers | 26 | | shall be
placed 100 horizontal feet from each entrance to the |
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| 1 | | polling room used by
voters to engage in voting. If the polling | 2 | | room is located in a public or
private building with 2 or more | 3 | | floors and the polling room is located on a
floor above or | 4 | | below the ground floor,
then the markers shall be placed a | 5 | | distance of 100 feet from the nearest
elevator or staircase | 6 | | used by voters on the ground floor to access the floor
where | 7 | | the polling room is located. The area within where the markers | 8 | | are placed
shall be known as a campaign free zone, and | 9 | | electioneering is prohibited
pursuant to this subsection. | 10 | | Notwithstanding any other provision of this Section, a church | 11 | | or private school may choose to apply the campaign free zone to | 12 | | its entire property, and, if so, the markers shall be placed | 13 | | near the boundaries on the grounds adjacent to the | 14 | | thoroughfares or walkways leading to the entrances used by the | 15 | | voters.
| 16 | | The area on polling place property beyond the campaign free | 17 | | zone,
whether
publicly or privately owned, is a public forum | 18 | | for the time that the polls are
open on an election day. At the | 19 | | request of election officers any publicly owned
building , other | 20 | | than schools that have asserted the rights granted by | 21 | | subsection (a-5) of Section 22-21 of the School Code, must be | 22 | | made available for use as a polling place. A person shall have
| 23 | | the right to congregate and engage in electioneering on any | 24 | | polling place
property while the polls are open beyond the | 25 | | campaign free zone, including but
not limited to, the placement | 26 | | of temporary signs.
This subsection shall be construed |
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| 1 | | liberally in favor of persons engaging in
electioneering
on all | 2 | | polling place property beyond the campaign free zone for the | 3 | | time that
the polls are
open on an election day.
| 4 | | (c) The regulation of electioneering on polling place | 5 | | property on an
election
day, including but not limited to the | 6 | | placement of temporary signs, is an
exclusive power and | 7 | | function of the State. A home rule unit may not regulate
| 8 | | electioneering and any ordinance or local law contrary to | 9 | | subsection (b) is
declared void. This is a denial and | 10 | | limitation of home rule powers and
functions under subsection | 11 | | (h) of Section 6 of Article VII of the Illinois
Constitution.
| 12 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
| 13 | | Section 10. The School Code is amended by changing Section | 14 | | 22-21 as follows:
| 15 | | (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
| 16 | | Sec. 22-21. Elections-Use of school buildings.
| 17 | | (a) Unless a school board asserts the rights granted by | 18 | | subsection (a-5) of this Section, every Every school board | 19 | | shall offer to the appropriate officer or board
having | 20 | | responsibility for providing polling places for elections the | 21 | | use of
any and all buildings under its jurisdiction for any and | 22 | | all elections to
be held, if so requested by such appropriate | 23 | | officer or board.
| 24 | | (a-5) If a school board determines that it is infeasible |
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| 1 | | for a school to act as a polling place while enforcing its | 2 | | written and standard policies regarding persons who are not | 3 | | students of nor employed by the school entering the school, the | 4 | | school board shall notify the appropriate officer or board | 5 | | having responsibility for providing polling places for | 6 | | elections that the school may not be used as a polling place. | 7 | | The notice shall be signed by the principal of any school named | 8 | | in the notice and the superintendent. If an appropriate officer | 9 | | or board having responsibility for providing polling places for | 10 | | elections determines there is no reasonable alternative to | 11 | | using the school as a polling place, the officer or board may | 12 | | seek relief in the circuit court of the jurisdiction in which | 13 | | the principal office of the school district lies. | 14 | | (b) If any buildings under a school board's jurisdiction is | 15 | | used for an election, election Election officers shall place 2 | 16 | | or more cones, small United States
national flags, or some | 17 | | other marker a distance of 100 horizontal feet from
each | 18 | | entrance to the room used by voters to engage in voting, which | 19 | | shall be
known as the polling room. If
the polling room is | 20 | | located within a building that is a public or private
school
| 21 | | and the
distance of 100 horizontal feet ends within the | 22 | | interior of the
building, then the markers shall be placed | 23 | | outside of the
building at each entrance used by voters to | 24 | | enter that
building on the grounds adjacent to the thoroughfare | 25 | | or walkway. If the polling
room is located within a public or | 26 | | private school building with 2 or more
floors and
the polling |
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| 1 | | room is located on the ground floor, then the markers shall be
| 2 | | placed 100 horizontal feet from each entrance to the polling | 3 | | room used by
voters to engage in voting. If the polling room is | 4 | | located in a public or
private school building with 2 or more | 5 | | floors and the polling room is located
on a
floor above or | 6 | | below the ground floor,
then the markers shall be placed a | 7 | | distance of 100 feet from the nearest
elevator or staircase | 8 | | used by voters on the ground floor to access the floor
where | 9 | | the polling room is located. The area within where the markers | 10 | | are placed
shall be known as a campaign free zone, and | 11 | | electioneering is prohibited
pursuant to this subsection.
| 12 | | Notwithstanding any other provision of this Code, the area | 13 | | on polling place
property beyond the campaign free zone,
| 14 | | whether
publicly or privately owned, is a public forum for the | 15 | | time that the polls are
open on an election day. At the request | 16 | | of election officers any publicly owned
building must be made | 17 | | available for use as a polling place. A person shall have
the | 18 | | right to congregate and engage in electioneering on any polling | 19 | | place
property while the polls are open beyond the campaign | 20 | | free zone, including but
not limited to, the placement of | 21 | | temporary signs.
This subsection shall be construed liberally | 22 | | in favor of persons engaging in
electioneering
on all polling | 23 | | place property beyond the campaign free zone for the time that
| 24 | | the polls are open on an election day.
| 25 | | (Source: P.A. 93-574, eff. 8-21-03.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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