Full Text of SB3338 97th General Assembly
SB3338eng 97TH GENERAL ASSEMBLY |
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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, 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, including | 21 | | immediately adjacent sidewalks and parkways, is a public forum | 22 | | for the time that the polls are
open on an election day. At the | 23 | | request of election officers any publicly owned
building must | 24 | | be made available for use as a polling place. A person shall | 25 | | have
the right to congregate and engage in electioneering on | 26 | | any 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.
| 6 | | (d) The regulation of electioneering on polling place | 7 | | property on an
election
day, including but not limited to the | 8 | | placement of temporary signs, is an
exclusive power and | 9 | | function of the State. A home rule unit may not regulate
| 10 | | electioneering and any ordinance or local law contrary to | 11 | | subsection (c) is
declared void. This is a denial and | 12 | | limitation 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 | 17 | | person shall,
at any primary or election, do any electioneering | 18 | | or soliciting of votes
or engage in any political discussion | 19 | | within any polling place, within
100 feet of any polling place, | 20 | | or, at the option of a church or private school, on any of the | 21 | | property of that church or private school that is a polling | 22 | | place; no person shall interrupt, hinder or
oppose any voter | 23 | | while approaching within those areas
for the purpose of voting. | 24 | | Judges of election shall enforce the
provisions of this | 25 | | Section.
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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 private business, a public or private school, or a church or | 7 | | other organization founded
for the purpose of religious worship | 8 | | and the
distance of 100 horizontal feet ends within the | 9 | | interior of the
building, then the markers shall be placed | 10 | | outside of the
building at each entrance used by voters to | 11 | | enter that
building on the grounds adjacent to the thoroughfare | 12 | | or walkway. If the polling
room is located within a public or | 13 | | private building with 2 or more floors and
the polling room is | 14 | | located on the ground floor, then the markers shall be
placed | 15 | | 100 horizontal feet from each entrance to the polling room used | 16 | | by
voters to engage in voting. If the polling room is located | 17 | | in a public or
private building with 2 or more floors and the | 18 | | polling room is located on a
floor above or below the ground | 19 | | floor,
then the markers shall be placed a distance of 100 feet | 20 | | from the nearest
elevator or staircase used by voters on the | 21 | | ground floor to access the floor
where the polling room is | 22 | | located. The area within where the markers are placed
shall be | 23 | | known as a campaign free zone, and electioneering is prohibited
| 24 | | pursuant to this subsection. Notwithstanding any other | 25 | | provision of this Section, a church or private school may | 26 | | choose to apply the campaign free zone to its entire property, |
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| 1 | | and, if so, the markers shall be placed near the boundaries on | 2 | | the grounds adjacent to the thoroughfares or walkways leading | 3 | | to the entrances used by the voters.
| 4 | | The area on polling place property beyond the campaign free | 5 | | zone, whether
publicly or privately owned, including | 6 | | immediately adjacent sidewalks and parkways, is a public forum | 7 | | for the time that the polls are
open on an election day. At the | 8 | | request of election officers any publicly owned
building must | 9 | | be made available for use as a polling place. A person shall | 10 | | have
the right to congregate and engage in electioneering on | 11 | | any polling place
property while the polls are open beyond the | 12 | | campaign free zone, including but
not limited to, the placement | 13 | | of temporary signs.
This subsection shall be construed | 14 | | liberally in favor of persons engaging in
electioneering
on all | 15 | | polling place property beyond the campaign free zone for the | 16 | | time that
the polls are
open on an election day. At or near the | 17 | | door of each polling place, the election judges shall place | 18 | | signage indicating the proper entrance to the polling place. In | 19 | | addition, the election judges shall ensure that a sign | 20 | | identifying the location of the polling place is placed on a | 21 | | nearby public roadway. The State Board of Elections shall | 22 | | establish guidelines for the placement of polling place | 23 | | signage.
| 24 | | (c) The regulation of electioneering on polling place | 25 | | property on an
election
day, including but not limited to the | 26 | | 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. 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 | 9 | | day preceding
an election and continuing through the day | 10 | | preceding such election, no
advertising pertaining to any | 11 | | candidate or proposition to be voted upon
shall be displayed in | 12 | | or within 100 feet of any room used by voters
pursuant to this | 13 | | Article, or, at the option of a church or private school, on | 14 | | any of the property of that church or private school that is a | 15 | | polling place; nor shall any person engage in electioneering
in | 16 | | or within 100 feet of any such room, or, at the option of a | 17 | | church or private school, on any of the property of that church | 18 | | or private school that is a polling place. Any person who | 19 | | violates this
Section may be punished as for contempt of court.
| 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, or, at the option of a church or | 24 | | private school, on any of the property of that church or | 25 | | private school that is a polling place, which shall be
known as |
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| 1 | | the polling room. If
the polling room is located within a | 2 | | building that is a private business, a public or private
| 3 | | school, or a church or other organization founded for the | 4 | | purpose of religious
worship and the
distance of 100 horizontal | 5 | | feet ends within the interior of the
building, then the markers | 6 | | shall be placed outside of the
building at each entrance used | 7 | | by voters 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 | | Notwithstanding any other provision of this Section, a church | 22 | | or private school may choose to apply the campaign free zone to | 23 | | its entire property, and, if so, the markers shall be placed | 24 | | near the boundaries on the grounds adjacent to the | 25 | | thoroughfares or walkways leading to the entrances used by the | 26 | | voters.
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| 1 | | The area on polling place property beyond the campaign free | 2 | | zone,
whether
publicly or privately owned, including | 3 | | immediately adjacent sidewalks and parkways, is a public forum | 4 | | for the time that the polls are
open on an election day. At the | 5 | | request of election officers any publicly owned
building must | 6 | | be made available for use as a polling place. A person shall | 7 | | have
the right to congregate and engage in electioneering on | 8 | | any polling place
property while the polls are open beyond the | 9 | | campaign free zone, including but
not limited to, the placement | 10 | | of temporary signs.
This subsection shall be construed | 11 | | liberally in favor of persons engaging in
electioneering
on all | 12 | | polling place property beyond the campaign free zone for the | 13 | | time that
the polls are
open on an election day.
| 14 | | (c) The regulation of electioneering on polling place | 15 | | property on an
election
day, including but not limited to the | 16 | | placement of temporary signs, is an
exclusive power and | 17 | | function of the State. A home rule unit may not regulate
| 18 | | electioneering and any ordinance or local law contrary to | 19 | | subsection (b) is
declared void. This is a denial and | 20 | | limitation 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 | 24 | | becoming law. |
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