Illinois General Assembly - Full Text of SB3338
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Full Text of SB3338  97th General Assembly

SB3338eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB3338 EngrossedLRB097 19253 PJG 64496 b

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
5Sections 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
8duty of designating and providing polling places for general
9elections, shall provide in each such polling place so
10designated and provided, a sufficient number of booths for such
11primary election, which booths shall be provided with shelves,
12such supplies and pencils as will enable the voter to prepare
13his ballot for voting and in which voters may prepare their
14ballots screened from all observation as to the manner in which
15they do so. Such booths shall be within plain view of the
16election officers and both they and the ballot boxes shall be
17within plain view of those within the proximity of the voting
18booths. No person other than election officers and the
19challengers allowed by law and those admitted for the purpose
20of voting, as hereinafter provided, shall be permitted within
21the proximity of the voting booths, except by authority of the
22primary 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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1one to every seventy-five voters or fraction thereof, who voted
2at the last preceding election in the precinct or election
3district.
4    (c) No person shall do any electioneering or soliciting of
5votes on primary day within any polling place or within one
6hundred feet of any polling place, or, at the option of a
7church or private school, on any of the property of that church
8or private school that is a polling place. Election officers
9shall place 2 or more cones, small United States national
10flags, or some other marker a distance of 100 horizontal feet
11from each entrance to the room used by voters to engage in
12voting, which shall be known as the polling room. If the
13polling room is located within a building that is a private
14business, a public or private school, or a church or other
15organization founded for the purpose of religious worship and
16the distance of 100 horizontal feet ends within the interior of
17the building, then the markers shall be placed outside of the
18building at each entrance used by voters to enter that building
19on the grounds adjacent to the thoroughfare or walkway. If the
20polling room is located within a public or private building
21with 2 or more floors and the polling room is located on the
22ground floor, then the markers shall be placed 100 horizontal
23feet from each entrance to the polling room used by voters to
24engage in voting. If the polling room is located in a public or
25private building with 2 or more floors and the polling room is
26located on a floor above or below the ground floor, then the

 

 

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1markers shall be placed a distance of 100 feet from the nearest
2elevator or staircase used by voters on the ground floor to
3access the floor where the polling room is located. The area
4within where the markers are placed shall be known as a
5campaign free zone, and electioneering is prohibited pursuant
6to this subsection. Notwithstanding any other provision of this
7Section, a church or private school may choose to apply the
8campaign free zone to its entire property, and, if so, the
9markers shall be placed near the boundaries on the grounds
10adjacent to the thoroughfares or walkways leading to the
11entrances used by the voters. At or near the door of each
12polling place, the election judges shall place signage
13indicating the proper entrance to the polling place. In
14addition, the election judges shall ensure that a sign
15identifying the location of the polling place is placed on a
16nearby public roadway. The State Board of Elections shall
17establish guidelines for the placement of polling place
18signage.
19    The area on polling place property beyond the campaign free
20zone, whether publicly or privately owned, including
21immediately adjacent sidewalks and parkways, is a public forum
22for the time that the polls are open on an election day. At the
23request of election officers any publicly owned building must
24be made available for use as a polling place. A person shall
25have the right to congregate and engage in electioneering on
26any polling place property while the polls are open beyond the

 

 

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1campaign free zone, including but not limited to, the placement
2of temporary signs. This subsection shall be construed
3liberally in favor of persons engaging in electioneering on all
4polling place property beyond the campaign free zone for the
5time that the polls are open on an election day.
6    (d) The regulation of electioneering on polling place
7property on an election day, including but not limited to the
8placement of temporary signs, is an exclusive power and
9function of the State. A home rule unit may not regulate
10electioneering and any ordinance or local law contrary to
11subsection (c) is declared void. This is a denial and
12limitation of home rule powers and functions under subsection
13(h) of Section 6 of Article VII of the Illinois Constitution.
14(Source: P.A. 95-699, eff. 11-9-07.)
 
15    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
16    Sec. 17-29. (a) No judge of election, pollwatcher, or other
17person shall, at any primary or election, do any electioneering
18or soliciting of votes or engage in any political discussion
19within any polling place, within 100 feet of any polling place,
20or, at the option of a church or private school, on any of the
21property of that church or private school that is a polling
22place; no person shall interrupt, hinder or oppose any voter
23while approaching within those areas for the purpose of voting.
24Judges of election shall enforce the provisions of this
25Section.

 

 

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1    (b) Election officers shall place 2 or more cones, small
2United States national flags, or some other marker a distance
3of 100 horizontal feet from each entrance to the room used by
4voters to engage in voting, which shall be known as the polling
5room. If the polling room is located within a building that is
6a private business, a public or private school, or a church or
7other organization founded for the purpose of religious worship
8and the distance of 100 horizontal feet ends within the
9interior of the building, then the markers shall be placed
10outside of the building at each entrance used by voters to
11enter that building on the grounds adjacent to the thoroughfare
12or walkway. If the polling room is located within a public or
13private building with 2 or more floors and the polling room is
14located on the ground floor, then the markers shall be placed
15100 horizontal feet from each entrance to the polling room used
16by voters to engage in voting. If the polling room is located
17in a public or private building with 2 or more floors and the
18polling room is located on a floor above or below the ground
19floor, then the markers shall be placed a distance of 100 feet
20from the nearest elevator or staircase used by voters on the
21ground floor to access the floor where the polling room is
22located. The area within where the markers are placed shall be
23known as a campaign free zone, and electioneering is prohibited
24pursuant to this subsection. Notwithstanding any other
25provision of this Section, a church or private school may
26choose to apply the campaign free zone to its entire property,

 

 

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1and, if so, the markers shall be placed near the boundaries on
2the grounds adjacent to the thoroughfares or walkways leading
3to the entrances used by the voters.
4    The area on polling place property beyond the campaign free
5zone, whether publicly or privately owned, including
6immediately adjacent sidewalks and parkways, is a public forum
7for the time that the polls are open on an election day. At the
8request of election officers any publicly owned building must
9be made available for use as a polling place. A person shall
10have the right to congregate and engage in electioneering on
11any polling place property while the polls are open beyond the
12campaign free zone, including but not limited to, the placement
13of temporary signs. This subsection shall be construed
14liberally in favor of persons engaging in electioneering on all
15polling place property beyond the campaign free zone for the
16time that the polls are open on an election day. At or near the
17door of each polling place, the election judges shall place
18signage indicating the proper entrance to the polling place. In
19addition, the election judges shall ensure that a sign
20identifying the location of the polling place is placed on a
21nearby public roadway. The State Board of Elections shall
22establish guidelines for the placement of polling place
23signage.
24    (c) The regulation of electioneering on polling place
25property on an election day, including but not limited to the
26placement of temporary signs, is an exclusive power and

 

 

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1function of the State. A home rule unit may not regulate
2electioneering and any ordinance or local law contrary to
3subsection (c) is declared void. This is a denial and
4limitation of home rule powers and functions under subsection
5(h) of Section 6 of Article VII of the Illinois Constitution.
6(Source: P.A. 95-699, eff. 11-9-07.)
 
7    (10 ILCS 5/19-2.2)  (from Ch. 46, par. 19-2.2)
8    Sec. 19-2.2. (a) During the period beginning on the 40th
9day preceding an election and continuing through the day
10preceding such election, no advertising pertaining to any
11candidate or proposition to be voted upon shall be displayed in
12or within 100 feet of any room used by voters pursuant to this
13Article, or, at the option of a church or private school, on
14any of the property of that church or private school that is a
15polling place; nor shall any person engage in electioneering in
16or within 100 feet of any such room, or, at the option of a
17church or private school, on any of the property of that church
18or private school that is a polling place. Any person who
19violates this Section may be punished as for contempt of court.
20    (b) Election officers shall place 2 or more cones, small
21United States national flags, or some other marker a distance
22of 100 horizontal feet from each entrance to the room used by
23voters to engage in voting, or, at the option of a church or
24private school, on any of the property of that church or
25private school that is a polling place, which shall be known as

 

 

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1the polling room. If the polling room is located within a
2building that is a private business, a public or private
3school, or a church or other organization founded for the
4purpose of religious worship and the distance of 100 horizontal
5feet ends within the interior of the building, then the markers
6shall be placed outside of the building at each entrance used
7by voters to enter that building on the grounds adjacent to the
8thoroughfare or walkway. If the polling room is located within
9a public or private building with 2 or more floors and the
10polling room is located on the ground floor, then the markers
11shall be placed 100 horizontal feet from each entrance to the
12polling room used by voters to engage in voting. If the polling
13room is located in a public or private building with 2 or more
14floors and the polling room is located on a floor above or
15below the ground floor, then the markers shall be placed a
16distance of 100 feet from the nearest elevator or staircase
17used by voters on the ground floor to access the floor where
18the polling room is located. The area within where the markers
19are placed shall be known as a campaign free zone, and
20electioneering is prohibited pursuant to this subsection.
21Notwithstanding any other provision of this Section, a church
22or private school may choose to apply the campaign free zone to
23its entire property, and, if so, the markers shall be placed
24near the boundaries on the grounds adjacent to the
25thoroughfares or walkways leading to the entrances used by the
26voters.

 

 

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1    The area on polling place property beyond the campaign free
2zone, whether publicly or privately owned, including
3immediately adjacent sidewalks and parkways, is a public forum
4for the time that the polls are open on an election day. At the
5request of election officers any publicly owned building must
6be made available for use as a polling place. A person shall
7have the right to congregate and engage in electioneering on
8any polling place property while the polls are open beyond the
9campaign free zone, including but not limited to, the placement
10of temporary signs. This subsection shall be construed
11liberally in favor of persons engaging in electioneering on all
12polling place property beyond the campaign free zone for the
13time that the polls are open on an election day.
14    (c) The regulation of electioneering on polling place
15property on an election day, including but not limited to the
16placement of temporary signs, is an exclusive power and
17function of the State. A home rule unit may not regulate
18electioneering and any ordinance or local law contrary to
19subsection (b) is declared void. This is a denial and
20limitation of home rule powers and functions under subsection
21(h) of Section 6 of Article VII of the Illinois Constitution.
22(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.