Full Text of SB0080 96th General Assembly
SB0080sam003 96TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 3/18/2009
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| AMENDMENT TO SENATE BILL 80
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| AMENDMENT NO. ______. Amend Senate Bill 80, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Election Code is amended by changing | 6 |
| Sections 7-41, 17-29, 19-2.2, and 19A-70 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 | 9 |
| duty of
designating and providing polling places for general | 10 |
| elections, shall provide
in each such polling place so | 11 |
| designated and provided, a sufficient number of
booths for such | 12 |
| primary election, which booths shall be provided with
shelves, | 13 |
| such supplies and pencils as will enable the voter to prepare | 14 |
| his
ballot for voting and in which voters may prepare their | 15 |
| ballots screened
from all observation as to the manner in which | 16 |
| they do so. Such booths shall be
within plain view of the |
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| election officers and both they and the ballot boxes
shall be | 2 |
| within plain view of those within the proximity of the voting | 3 |
| booths.
No person other than election officers and the | 4 |
| challengers allowed by law and
those admitted for the purpose | 5 |
| of voting, as hereinafter provided, shall be
permitted within | 6 |
| the proximity of the voting booths, except
by authority of the | 7 |
| 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 | 9 |
| one to every
seventy-five voters or fraction thereof, who voted | 10 |
| at the last preceding
election in the precinct or election | 11 |
| district.
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| (c) No person shall do any electioneering or soliciting of | 13 |
| votes on
primary day within any polling place or within one | 14 |
| hundred feet of any polling
place , or, at the option of a | 15 |
| church or private school, on any of the property of that church | 16 |
| or private school that is a polling place . Election officers | 17 |
| shall place 2 or more cones, small United States
national | 18 |
| flags, or some other marker a distance of 100 horizontal feet | 19 |
| from
each entrance to the room used by voters to engage in | 20 |
| voting, which shall be
known as the polling room. If
the | 21 |
| polling room is located within a building that is a private | 22 |
| business, a public or private
school, or a church or other | 23 |
| organization founded for the purpose of religious
worship and | 24 |
| the
distance of 100 horizontal feet ends within the interior of | 25 |
| the
building, then the markers shall be placed outside of the
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| building at each entrance used by voters to enter that
building |
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| on the grounds adjacent to the thoroughfare or walkway. If the | 2 |
| polling
room is located within a public or private building | 3 |
| with 2 or more floors and
the polling room is located on the | 4 |
| ground floor, then the markers shall be
placed 100 horizontal | 5 |
| feet from each entrance to the polling room used by
voters to | 6 |
| engage in voting. If the polling room is located in a public or
| 7 |
| private building with 2 or more floors and the polling room is | 8 |
| located on a
floor above or below the ground floor,
then the | 9 |
| markers shall be placed a distance of 100 feet from the nearest
| 10 |
| elevator or staircase used by voters on the ground floor to | 11 |
| access the floor
where the polling room is located. The area | 12 |
| within where the markers are placed
shall be known as a | 13 |
| campaign free zone, and electioneering is prohibited
pursuant | 14 |
| to this subsection. Notwithstanding any other provision of this | 15 |
| Section, a church or private school may choose to apply the | 16 |
| campaign free zone to its entire property, and, if so, the | 17 |
| markers shall be placed near the boundaries on the grounds | 18 |
| adjacent to the thoroughfares or walkways leading to the | 19 |
| entrances used by the voters.
At or near the door of each | 20 |
| polling place, the election judges shall place signage | 21 |
| indicating the proper entrance to the polling place. In | 22 |
| addition, the election judges shall ensure that a sign | 23 |
| identifying the location of the polling place is placed on a | 24 |
| nearby public roadway. The State Board of Elections shall | 25 |
| establish guidelines for the placement of polling place | 26 |
| signage.
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| The area on polling place property beyond the campaign free | 2 |
| zone, whether
publicly or privately owned, is a public forum | 3 |
| for the time that the polls are
open on an election day. At the | 4 |
| request of election officers any publicly owned
building must | 5 |
| be made available for use as a polling place. A person shall | 6 |
| have
the right to congregate and engage in electioneering on | 7 |
| any polling place
property while the polls are open beyond the | 8 |
| campaign free zone, including but
not limited to, the placement | 9 |
| of temporary signs.
This subsection shall be construed | 10 |
| liberally in favor of persons engaging in
electioneering
on all | 11 |
| polling place property beyond the campaign free zone for the | 12 |
| time that
the polls are
open on an election day.
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| (d) 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
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| 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.
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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 | 24 |
| person shall,
at any primary or election, do any electioneering | 25 |
| or soliciting of votes
or engage in any political discussion |
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| within any polling place, within
100 feet of any polling place , | 2 |
| or, at the option of a church or private school, on any of the | 3 |
| property of that church or private school that is a polling | 4 |
| place ; no person shall interrupt, hinder or
oppose any voter | 5 |
| while approaching within those areas
for the purpose of voting. | 6 |
| Judges of election shall enforce the
provisions of this | 7 |
| Section.
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| (b) Election officers shall place 2 or more cones, small | 9 |
| United States
national flags, or some other marker a distance | 10 |
| of 100 horizontal feet from
each entrance to the room used by | 11 |
| voters to engage in voting, which shall be
known as the polling | 12 |
| room. If
the polling room is located within a building
that is | 13 |
| a private business, a public or private school, or a church or | 14 |
| other organization founded
for the purpose of religious worship | 15 |
| and the
distance of 100 horizontal feet ends within the | 16 |
| interior of the
building, then the markers shall be placed | 17 |
| outside of the
building at each entrance used by voters to | 18 |
| enter that
building on the grounds adjacent to the thoroughfare | 19 |
| or walkway. If the polling
room is located within a public or | 20 |
| private building with 2 or more floors and
the polling room is | 21 |
| located on the ground floor, then the markers shall be
placed | 22 |
| 100 horizontal feet from each entrance to the polling room used | 23 |
| by
voters to engage in voting. If the polling room is located | 24 |
| in a public or
private building with 2 or more floors and the | 25 |
| polling room is located on a
floor above or below the ground | 26 |
| floor,
then the markers shall be placed a distance of 100 feet |
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| from the nearest
elevator or staircase used by voters on the | 2 |
| ground floor to access the floor
where the polling room is | 3 |
| located. The area within where the markers are placed
shall be | 4 |
| known as a campaign free zone, and electioneering is prohibited
| 5 |
| pursuant to this subsection. Notwithstanding any other | 6 |
| provision of this Section, a church or private school may | 7 |
| choose to apply the campaign free zone to its entire property, | 8 |
| and, if so, the markers shall be placed near the boundaries on | 9 |
| the grounds adjacent to the thoroughfares or walkways leading | 10 |
| to the entrances used by the voters.
| 11 |
| The area on polling place property beyond the campaign free | 12 |
| zone, whether
publicly or privately owned, is a public forum | 13 |
| for the time that the polls are
open on an election day. At the | 14 |
| request of election officers any publicly owned
building must | 15 |
| be made available for use as a polling place. A person shall | 16 |
| have
the right to congregate and engage in electioneering on | 17 |
| any polling place
property while the polls are open beyond the | 18 |
| campaign free zone, including but
not limited to, the placement | 19 |
| of temporary signs.
This subsection shall be construed | 20 |
| liberally in favor of persons engaging in
electioneering
on all | 21 |
| polling place property beyond the campaign free zone for the | 22 |
| time that
the polls are
open on an election day. At or near the | 23 |
| door of each polling place, the election judges shall place | 24 |
| signage indicating the proper entrance to the polling place. In | 25 |
| addition, the election judges shall ensure that a sign | 26 |
| identifying the location of the polling place is placed on a |
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LRB096 03305 JAM 24024 a |
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| nearby public roadway. The State Board of Elections shall | 2 |
| establish guidelines for the placement of polling place | 3 |
| signage.
| 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 (c) 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. 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 | 15 |
| day preceding
an election and continuing through the day | 16 |
| preceding such election, no
advertising pertaining to any | 17 |
| candidate or proposition to be voted upon
shall be displayed in | 18 |
| or within 100 feet of any room used by voters
pursuant to this | 19 |
| Article , or, at the option of a church or private school, on | 20 |
| any of the property of that church or private school that is a | 21 |
| polling place ; nor shall any person engage in electioneering
in | 22 |
| or within 100 feet of any such room, or, at the option of a | 23 |
| church or private school, on any of the property of that church | 24 |
| or private school that is a polling place. Any person who | 25 |
| violates this
Section may be punished as for contempt of court.
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LRB096 03305 JAM 24024 a |
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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 room used by | 4 |
| voters to engage in voting, or, at the option of a church or | 5 |
| private school, on any of the property of that church or | 6 |
| private school that is a polling place, which shall be
known as | 7 |
| the polling room. If
the polling room is located within a | 8 |
| building that is a private business, a public or private
| 9 |
| school, or a church or other organization founded for the | 10 |
| purpose of religious
worship and the
distance of 100 horizontal | 11 |
| feet ends within the interior of the
building, then the markers | 12 |
| shall be placed outside of the
building at each entrance used | 13 |
| by voters to enter that
building on the grounds adjacent to the | 14 |
| thoroughfare or walkway. If the polling
room is located within | 15 |
| a public or private building with 2 or more floors and
the | 16 |
| polling room is located on the ground floor, then the markers | 17 |
| shall be
placed 100 horizontal feet from each entrance to the | 18 |
| polling room used by
voters to engage in voting. If the polling | 19 |
| room is located in a public or
private building with 2 or more | 20 |
| floors and the polling room is located on a
floor above or | 21 |
| below the ground floor,
then the markers shall be placed a | 22 |
| distance of 100 feet from the nearest
elevator or staircase | 23 |
| used by voters on the ground floor to access the floor
where | 24 |
| the polling room is located. The area within where the markers | 25 |
| are placed
shall be known as a campaign free zone, and | 26 |
| electioneering is prohibited
pursuant to this subsection. |
|
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09600SB0080sam003 |
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LRB096 03305 JAM 24024 a |
|
| 1 |
| Notwithstanding any other provision of this Section, a church | 2 |
| or private school may choose to apply the campaign free zone to | 3 |
| its entire property, and, if so, the markers shall be placed | 4 |
| near the boundaries on the grounds adjacent to the | 5 |
| thoroughfares or walkways leading to the entrances used by the | 6 |
| voters.
| 7 |
| The area on polling place property beyond the campaign free | 8 |
| zone,
whether
publicly or privately owned, is a public forum | 9 |
| for the time that the polls are
open on an election day. At the | 10 |
| request of election officers any publicly owned
building must | 11 |
| be made available for use as a polling place. A person shall | 12 |
| have
the right to congregate and engage in electioneering on | 13 |
| any polling place
property while the polls are open beyond the | 14 |
| campaign free zone, except for including but
not limited to, | 15 |
| the placement of temporary signs.
This subsection shall be | 16 |
| construed liberally in favor of persons engaging in
| 17 |
| electioneering
on all polling place property beyond the | 18 |
| campaign free zone for the time that
the polls are
open on an | 19 |
| election day.
| 20 |
| (c) The regulation of electioneering on polling place | 21 |
| property on an
election
day, including but not limited to the | 22 |
| placement of temporary signs, is an
exclusive power and | 23 |
| function of the State. A home rule unit may not regulate
| 24 |
| electioneering and any ordinance or local law contrary to | 25 |
| subsection (b) is
declared void. This is a denial and | 26 |
| limitation of home rule powers and
functions under subsection |
|
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09600SB0080sam003 |
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LRB096 03305 JAM 24024 a |
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| (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.)
| 3 |
| (10 ILCS 5/19A-70)
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| Sec. 19A-70. Advertising or campaigning in proximity of | 5 |
| polling place;
penalty. During the period prescribed in Section | 6 |
| 19A-15 for early voting by
personal appearance, the provisions | 7 |
| of Sections 7-41, 17-29, and 19-2.2 shall apply; including the | 8 |
| provision of Section 19-2.2 that a person is prohibited from | 9 |
| placing temporary signs on any part of the polling place | 10 |
| property beyond the campaign free zone. This provision is a | 11 |
| denial and limitation of home rule powers and functions in | 12 |
| accordance with subsection (h) of Section 6 of Article VII of | 13 |
| the Illinois Constitution. no advertising pertaining to any | 14 |
| candidate or proposition
to be voted on may be displayed in or | 15 |
| within 100 feet of any polling place used
by voters under this | 16 |
| Article. No person may engage in electioneering in or
within | 17 |
| 100 feet of any polling place used by voters under this | 18 |
| Article. The provisions of Section 17-29 with respect to | 19 |
| establishment of a campaign free zone apply to polling places | 20 |
| under this Article.
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| Any person who violates this Section may be punished for | 22 |
| contempt of court.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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