Full Text of HB0292 96th General Assembly
HB0292 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0292
Introduced 1/23/2009, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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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 |
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Amends the Election Code. Provides that the 100-foot campaign free zone around a polling place is measured from each entrance to the building containing the polling room (now, measured from each entrance to the polling room).
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A BILL FOR
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-41, 17-29, and 19-2.2 as follows:
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| (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
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| 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.
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| (b) The number of such voting booths shall not be less than |
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| one to every
seventy-five voters or fraction thereof, who voted | 2 |
| at the last preceding
election in the precinct or election | 3 |
| district.
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| (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 building containing the room used by | 12 |
| voters to engage in voting, which shall be
known as the polling | 13 |
| room. If
the polling room is located within a building that is | 14 |
| a private business, a public or private
school, or a church or | 15 |
| other organization founded for the purpose of religious
worship | 16 |
| and the
distance of 100 horizontal feet ends within the | 17 |
| interior of the
building, then the markers shall be placed | 18 |
| outside of the
building at each entrance used by voters to | 19 |
| enter that
building on the grounds adjacent to the thoroughfare | 20 |
| or walkway. If the polling
room is located within a public or | 21 |
| private building with 2 or more floors and
the polling room is | 22 |
| located on the ground floor, then the markers shall be
placed | 23 |
| 100 horizontal feet from each entrance to the polling room used | 24 |
| by
voters to engage in voting. If the polling room is located | 25 |
| in a public or
private building with 2 or more floors and the | 26 |
| polling room is located on a
floor above or below the ground |
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| floor,
then the markers shall be placed a distance of 100 feet | 2 |
| from the nearest
elevator or staircase used by voters on the | 3 |
| ground floor to access the floor
where the polling room is | 4 |
| located. The area within where the markers are placed
shall be | 5 |
| known as a campaign free zone, and electioneering is prohibited
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| pursuant to this subsection. Notwithstanding any other | 7 |
| provision of this Section, if the polling room is located | 8 |
| within a building that is a private school or a church and the | 9 |
| designation of 100 horizontal feet ends on the property of the | 10 |
| school or church, then that entity a church or private school | 11 |
| may choose to apply the campaign free zone to its entire | 12 |
| property, and, if so, the markers shall be placed near the | 13 |
| boundaries on the grounds adjacent to the thoroughfares or | 14 |
| walkways leading to the entrances used by the voters.
At or | 15 |
| near the door of each polling place, the election judges shall | 16 |
| place signage indicating the proper entrance to the polling | 17 |
| place. In addition, the election judges shall ensure that a | 18 |
| sign identifying the location of the polling place is placed on | 19 |
| a nearby public roadway. The State Board of Elections shall | 20 |
| establish guidelines for the placement of polling place | 21 |
| signage.
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| The area on polling place property beyond the campaign free | 23 |
| zone, whether
publicly or privately owned, is a public forum | 24 |
| for the time that the polls are
open on an election day. At the | 25 |
| request of election officers any publicly owned
building must | 26 |
| be made available for use as a polling place. A person shall |
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| have
the right to congregate and engage in electioneering on | 2 |
| any polling place
property while the polls are open beyond the | 3 |
| campaign free zone, including but
not limited to, the placement | 4 |
| of temporary signs.
This subsection shall be construed | 5 |
| liberally in favor of persons engaging in
electioneering
on all | 6 |
| polling place property beyond the campaign free zone for the | 7 |
| time that
the polls are
open on an election day.
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| (d) The regulation of electioneering on polling place | 9 |
| property on an
election
day, including but not limited to the | 10 |
| placement of temporary signs, is an
exclusive power and | 11 |
| function of the State. A home rule unit may not regulate
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| electioneering and any ordinance or local law contrary to | 13 |
| subsection (c) is
declared void. This is a denial and | 14 |
| limitation of home rule powers and
functions under subsection | 15 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
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| Sec. 17-29. (a) No judge of election, pollwatcher, or other | 19 |
| person shall,
at any primary or election, do any electioneering | 20 |
| or soliciting of votes
or engage in any political discussion | 21 |
| within any polling place, within
100 feet of any polling place, | 22 |
| or, at the option of a church or private school, on any of the | 23 |
| property of that church or private school that is a polling | 24 |
| place; no person shall interrupt, hinder or
oppose any voter | 25 |
| while approaching within those areas
for the purpose of voting. |
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| Judges of election shall enforce the
provisions of this | 2 |
| Section.
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| (b) Election officers shall place 2 or more cones, small | 4 |
| United States
national flags, or some other marker a distance | 5 |
| of 100 horizontal feet from
each entrance to the building | 6 |
| containing the room used by voters to engage in voting, which | 7 |
| shall be
known as the polling room. If
the polling room is | 8 |
| located within a building
that is a private business, a public | 9 |
| or private school, or a church or other organization founded
| 10 |
| for the purpose of religious worship and the
distance of 100 | 11 |
| horizontal feet ends within the interior of the
building, then | 12 |
| the markers shall be placed outside of the
building at each | 13 |
| entrance used by voters to enter that
building on the grounds | 14 |
| adjacent to the thoroughfare or walkway. If the polling
room is | 15 |
| located within a public or private building with 2 or more | 16 |
| floors and
the polling room is located on the ground floor, | 17 |
| then the markers shall be
placed 100 horizontal feet from each | 18 |
| entrance to the polling room used by
voters to engage in | 19 |
| voting. If the polling room is located in a public or
private | 20 |
| building with 2 or more floors and the polling room is located | 21 |
| on a
floor above or below the ground floor,
then the markers | 22 |
| shall be placed a distance of 100 feet from the nearest
| 23 |
| elevator or staircase used by voters on the ground floor to | 24 |
| access the floor
where the polling room is located. The area | 25 |
| within where the markers are placed
shall be known as a | 26 |
| campaign free zone, and electioneering is prohibited
pursuant |
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HB0292 |
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LRB096 03136 JAM 13152 b |
|
| 1 |
| to this subsection. Notwithstanding any other provision of this | 2 |
| Section, if the polling room is located within a building that | 3 |
| is a private school or a church and the designation of 100 | 4 |
| horizontal feet ends on the property of the school or church, | 5 |
| then that entity a church or private school may choose to apply | 6 |
| the campaign free zone to its entire property, and, if so, the | 7 |
| markers shall be placed near the boundaries on the grounds | 8 |
| adjacent to the thoroughfares or walkways leading to the | 9 |
| entrances used by the voters.
| 10 |
| The area on polling place property beyond the campaign free | 11 |
| zone, whether
publicly or privately owned, is a public forum | 12 |
| for the time that the polls are
open on an election day. At the | 13 |
| request of election officers any publicly owned
building must | 14 |
| be made available for use as a polling place. A person shall | 15 |
| have
the right to congregate and engage in electioneering on | 16 |
| any polling place
property while the polls are open beyond the | 17 |
| campaign free zone, including but
not limited to, the placement | 18 |
| of temporary signs.
This subsection shall be construed | 19 |
| liberally in favor of persons engaging in
electioneering
on all | 20 |
| polling place property beyond the campaign free zone for the | 21 |
| time that
the polls are
open on an election day. At or near the | 22 |
| door of each polling place, the election judges shall place | 23 |
| signage indicating the proper entrance to the polling place. In | 24 |
| addition, the election judges shall ensure that a sign | 25 |
| identifying the location of the polling place is placed on a | 26 |
| nearby public roadway. The State Board of Elections shall |
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| 1 |
| establish guidelines for the placement of polling place | 2 |
| signage.
| 3 |
| (c) The regulation of electioneering on polling place | 4 |
| property on an
election
day, including but not limited to the | 5 |
| placement of temporary signs, is an
exclusive power and | 6 |
| function of the State. A home rule unit may not regulate
| 7 |
| electioneering and any ordinance or local law contrary to | 8 |
| subsection (c) is
declared void. This is a denial and | 9 |
| limitation of home rule powers and
functions under subsection | 10 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
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| Sec. 19-2.2. (a) During the period beginning on the 40th | 14 |
| day preceding
an election and continuing through the day | 15 |
| preceding such election, no
advertising pertaining to any | 16 |
| candidate or proposition to be voted upon
shall be displayed in | 17 |
| or within 100 feet of any place
room used by voters
pursuant to | 18 |
| this Article, or, at the option of a church or private school, | 19 |
| on any of the property of that church or private school that is | 20 |
| a polling place; nor shall any person engage in electioneering
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| in or within 100 feet of any such place
room , or, at the option | 22 |
| of a church or private school, on any of the property of that | 23 |
| church or private school that is a polling place. Any person | 24 |
| who violates this
Section may be punished as for contempt of | 25 |
| court.
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| (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 building | 4 |
| containing the room used by voters to engage in voting, or, at | 5 |
| the option of a church or private school, on any of the | 6 |
| property of that church or private school that is a polling | 7 |
| place, which shall be
known as the polling room. If
the polling | 8 |
| room is located within a building that is a private business, a | 9 |
| public or private
school, or a church or other organization | 10 |
| founded for the purpose of religious
worship and the
distance | 11 |
| of 100 horizontal feet ends within the interior of the
| 12 |
| building, then the markers shall be placed outside of the
| 13 |
| building at each entrance used by voters to enter that
building | 14 |
| on the grounds adjacent to the thoroughfare or walkway. If the | 15 |
| polling
room is located within a public or private building | 16 |
| with 2 or more floors and
the polling room is located on the | 17 |
| ground floor, then the markers shall be
placed 100 horizontal | 18 |
| feet from each entrance to the polling room used by
voters to | 19 |
| engage in voting. If the polling room is located in a public or
| 20 |
| private building with 2 or more floors and the polling room is | 21 |
| located on a
floor above or below the ground floor,
then the | 22 |
| markers shall be placed a distance of 100 feet from the nearest
| 23 |
| elevator or staircase used by voters on the ground floor to | 24 |
| access the floor
where the polling room is located. The area | 25 |
| within where the markers are placed
shall be known as a | 26 |
| campaign free zone, and electioneering is prohibited
pursuant |
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HB0292 |
- 9 - |
LRB096 03136 JAM 13152 b |
|
| 1 |
| to this subsection. Notwithstanding any other provision of this | 2 |
| Section, if the polling room is located within a building that | 3 |
| is a private school or a church and the designation of 100 | 4 |
| horizontal feet ends on the property of the school or church, | 5 |
| then that entity
a church or private school may choose to apply | 6 |
| the campaign free zone to its entire property, and, if so, the | 7 |
| markers shall be placed near the boundaries on the grounds | 8 |
| adjacent to the thoroughfares or walkways leading to the | 9 |
| entrances used by the voters.
| 10 |
| The area on polling place property beyond the campaign free | 11 |
| zone,
whether
publicly or privately owned, is a public forum | 12 |
| for the time that the polls are
open on an election day. At the | 13 |
| request of election officers any publicly owned
building must | 14 |
| be made available for use as a polling place. A person shall | 15 |
| have
the right to congregate and engage in electioneering on | 16 |
| any polling place
property while the polls are open beyond the | 17 |
| campaign free zone, including but
not limited to, the placement | 18 |
| of temporary signs.
This subsection shall be construed | 19 |
| liberally in favor of persons engaging in
electioneering
on all | 20 |
| polling place property beyond the campaign free zone for the | 21 |
| time that
the polls are
open on an election day.
| 22 |
| (c) The regulation of electioneering on polling place | 23 |
| property on an
election
day, including but not limited to the | 24 |
| placement of temporary signs, is an
exclusive power and | 25 |
| function of the State. A home rule unit may not regulate
| 26 |
| electioneering and any ordinance or local law contrary to |
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HB0292 |
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LRB096 03136 JAM 13152 b |
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| subsection (b) is
declared void. This is a denial and | 2 |
| limitation of home rule powers and
functions under subsection | 3 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
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| (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
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