Full Text of SB3669 97th General Assembly
SB3669sam001 97TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 3/23/2012
| | 09700SB3669sam001 | | LRB097 18256 PJG 67776 a |
|
| 1 | | AMENDMENT TO SENATE BILL 3669
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3669 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 7-41, 17-29, 19-2.2, and 19A-70 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 |
| | | 09700SB3669sam001 | - 2 - | LRB097 18256 PJG 67776 a |
|
| 1 | | within plain view of those within the proximity of the voting | 2 | | booths.
No person other than election officers and the | 3 | | challengers allowed by law and
those admitted for the purpose | 4 | | of voting, as hereinafter provided, shall be
permitted within | 5 | | the proximity of the voting booths, except
by authority of the | 6 | | primary officers to keep order and enforce the law.
| 7 | | (b) The number of such voting booths shall not be less than | 8 | | one to every
seventy-five voters or fraction thereof, who voted | 9 | | at the last preceding
election in the precinct or election | 10 | | district.
| 11 | | (c) No person shall do any electioneering or soliciting of | 12 | | votes on
primary day within any polling place or within one | 13 | | hundred feet of any polling
place , or, at the option of a | 14 | | church or private school, on any of the property of that church | 15 | | or private school that is a polling place . Election officers | 16 | | shall place 2 or more cones, small United States
national | 17 | | flags, or some other marker a distance of 100 horizontal feet | 18 | | from
each entrance to the room used by voters to engage in | 19 | | voting, which shall be
known as the polling room. If
the | 20 | | polling room is located within a building that is a private | 21 | | business, a public or private
school, or a church or other | 22 | | organization founded for the purpose of religious
worship and | 23 | | the
distance of 100 horizontal feet ends within the interior of | 24 | | the
building, then the markers shall be placed outside of the
| 25 | | building at each entrance used by voters to enter that
building | 26 | | on the grounds adjacent to the thoroughfare or walkway. If the |
| | | 09700SB3669sam001 | - 3 - | LRB097 18256 PJG 67776 a |
|
| 1 | | polling
room is located within a public or private building | 2 | | with 2 or more floors and
the polling room is located on the | 3 | | ground floor, then the markers shall be
placed 100 horizontal | 4 | | feet from each entrance to the polling room used by
voters to | 5 | | engage in voting. If the polling room is located in a public or
| 6 | | private building with 2 or more floors and the polling room is | 7 | | located on a
floor above or below the ground floor,
then the | 8 | | markers shall be placed a distance of 100 feet from the nearest
| 9 | | elevator or staircase used by voters on the ground floor to | 10 | | access the floor
where the polling room is located. The area | 11 | | within where the markers are placed
shall be known as a | 12 | | campaign free zone, and electioneering is prohibited
pursuant | 13 | | to this subsection. Notwithstanding any other provision of this | 14 | | Section, a church or private school may choose to apply the | 15 | | campaign free zone to its entire property, and, if so, the | 16 | | markers shall be placed near the boundaries on the grounds | 17 | | adjacent to the thoroughfares or walkways leading to the | 18 | | entrances used by the voters.
At or near the door of each | 19 | | polling place, the election judges shall place signage | 20 | | indicating the proper entrance to the polling place. In | 21 | | addition, the election judges shall ensure that a sign | 22 | | identifying the location of the polling place is placed on a | 23 | | nearby public roadway. The State Board of Elections shall | 24 | | establish guidelines for the placement of polling place | 25 | | signage.
| 26 | | The area on polling place property beyond the campaign free |
| | | 09700SB3669sam001 | - 4 - | LRB097 18256 PJG 67776 a |
|
| 1 | | zone, whether
publicly or privately owned, is a public forum | 2 | | for the time that the polls are
open on an election day. At the | 3 | | request of election officers any publicly owned
building must | 4 | | be made available for use as a polling place. A person shall | 5 | | have
the right to congregate and engage in electioneering on | 6 | | any polling place
property while the polls are open beyond the | 7 | | campaign free zone, except for including but
not limited to, | 8 | | the placement of temporary signs.
This subsection shall be | 9 | | construed liberally in favor of persons engaging in
| 10 | | electioneering
on all polling place property beyond the | 11 | | campaign free zone for the time that
the polls are
open on an | 12 | | election day. Nothing in this Section shall prohibit the | 13 | | placement of temporary signs within a private dwelling in a | 14 | | public or private building where a polling place is located. | 15 | | Nothing in this Section shall prohibit the placement of | 16 | | temporary signs on the doors or windows of a private dwelling | 17 | | in a public or private building where a polling place is | 18 | | located so long as that private dwelling is located on a | 19 | | different floor than the polling room or that private dwelling | 20 | | is located a distance of at least 100 horizontal feet from each | 21 | | entrance to the polling room if the private dwelling and | 22 | | polling room are located on the same floor.
| 23 | | (d) The regulation of electioneering on polling place | 24 | | property on an
election
day, including but not limited to the | 25 | | placement of temporary signs, is an
exclusive power and | 26 | | function of the State. A home rule unit may not regulate
|
| | | 09700SB3669sam001 | - 5 - | LRB097 18256 PJG 67776 a |
|
| 1 | | electioneering and any ordinance or local law contrary to | 2 | | subsection (c) is
declared void. This is a denial and | 3 | | limitation of home rule powers and
functions under subsection | 4 | | (h) of Section 6 of Article VII of the Illinois
Constitution.
| 5 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 6 | | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
| 7 | | Sec. 17-29. (a) No judge of election, pollwatcher, or other | 8 | | person shall,
at any primary or election, do any electioneering | 9 | | or soliciting of votes
or engage in any political discussion | 10 | | within any polling place, within
100 feet of any polling place , | 11 | | or, at the option of a church or private school, on any of the | 12 | | property of that church or private school that is a polling | 13 | | place ; no person shall interrupt, hinder or
oppose any voter | 14 | | while approaching within those areas
for the purpose of voting. | 15 | | Judges of election shall enforce the
provisions of this | 16 | | Section.
| 17 | | (b) Election officers shall place 2 or more cones, small | 18 | | United States
national flags, or some other marker a distance | 19 | | of 100 horizontal feet from
each entrance to the room used by | 20 | | voters to engage in voting, which shall be
known as the polling | 21 | | room. If
the polling room is located within a building
that is | 22 | | a private business, a public or private school, or a church or | 23 | | other organization founded
for the purpose of religious worship | 24 | | and the
distance of 100 horizontal feet ends within the | 25 | | interior of the
building, then the markers shall be placed |
| | | 09700SB3669sam001 | - 6 - | LRB097 18256 PJG 67776 a |
|
| 1 | | outside of the
building at each entrance used by voters to | 2 | | enter that
building on the grounds adjacent to the thoroughfare | 3 | | or walkway. If the polling
room is located within a public or | 4 | | private building with 2 or more floors and
the polling room is | 5 | | located on the ground floor, then the markers shall be
placed | 6 | | 100 horizontal feet from each entrance to the polling room used | 7 | | by
voters to engage in voting. If the polling room is located | 8 | | in a public or
private building with 2 or more floors and the | 9 | | polling room is located on a
floor above or below the ground | 10 | | floor,
then the markers shall be placed a distance of 100 feet | 11 | | from the nearest
elevator or staircase used by voters on the | 12 | | ground floor to access the floor
where the polling room is | 13 | | located. The area within where the markers are placed
shall be | 14 | | known as a campaign free zone, and electioneering is prohibited
| 15 | | pursuant to this subsection. Notwithstanding any other | 16 | | provision of this Section, a church or private school may | 17 | | choose to apply the campaign free zone to its entire property, | 18 | | and, if so, the markers shall be placed near the boundaries on | 19 | | the grounds adjacent to the thoroughfares or walkways leading | 20 | | to the entrances used by the voters.
| 21 | | The area on polling place property beyond the campaign free | 22 | | zone, whether
publicly or privately owned, is a public forum | 23 | | for the time that the polls are
open on an election day. At the | 24 | | request of election officers any publicly owned
building must | 25 | | be made available for use as a polling place. A person shall | 26 | | have
the right to congregate and engage in electioneering on |
| | | 09700SB3669sam001 | - 7 - | LRB097 18256 PJG 67776 a |
|
| 1 | | any polling place
property while the polls are open beyond the | 2 | | campaign free zone, except for including but
not limited to, | 3 | | the placement of temporary signs. Nothing in this Section shall | 4 | | prohibit the placement of temporary signs within a private | 5 | | dwelling in a public or private building where a polling place | 6 | | is located. Nothing in this Section shall prohibit the | 7 | | placement of temporary signs on the doors or windows of a | 8 | | private dwelling in a public or private building where a | 9 | | polling place is located so long as that private dwelling is | 10 | | located on a different floor than the polling room or that | 11 | | private dwelling is located a distance of at least 100 | 12 | | horizontal feet from each entrance to the polling room if the | 13 | | private dwelling and polling room are located on the same | 14 | | floor.
This subsection shall be construed liberally in favor of | 15 | | persons engaging in
electioneering
on all polling place | 16 | | property beyond the campaign free zone for the time that
the | 17 | | polls are
open on an election day. At or near the door of each | 18 | | polling place, the election judges shall place signage | 19 | | indicating the proper entrance to the polling place. In | 20 | | addition, the election judges shall ensure that a sign | 21 | | identifying the location of the polling place is placed on a | 22 | | nearby public roadway. The State Board of Elections shall | 23 | | establish guidelines for the placement of polling place | 24 | | signage.
| 25 | | (c) The regulation of electioneering on polling place | 26 | | property on an
election
day, including but not limited to the |
| | | 09700SB3669sam001 | - 8 - | LRB097 18256 PJG 67776 a |
|
| 1 | | placement of temporary signs, is an
exclusive power and | 2 | | function of the State. A home rule unit may not regulate
| 3 | | electioneering and any ordinance or local law contrary to | 4 | | subsection (c) is
declared void. This is a denial and | 5 | | limitation of home rule powers and
functions under subsection | 6 | | (h) of Section 6 of Article VII of the Illinois
Constitution.
| 7 | | (Source: P.A. 95-699, eff. 11-9-07.)
| 8 | | (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
| 9 | | Sec. 19-2.2. (a) During the period beginning on the 40th | 10 | | day preceding
an election and continuing through the day | 11 | | preceding such election, no
advertising pertaining to any | 12 | | candidate or proposition to be voted upon
shall be displayed in | 13 | | or within 100 feet of any room used by voters
pursuant to this | 14 | | Article , or, at the option of a church or private school, on | 15 | | any of the property of that church or private school that is a | 16 | | polling place ; nor shall any person engage in electioneering
in | 17 | | or within 100 feet of any such room , or, at the option of a | 18 | | church or private school, on any of the property of that church | 19 | | or private school that is a polling place . Any person who | 20 | | violates this
Section may be punished as for contempt of court.
| 21 | | (b) Election officers shall place 2 or more cones, small | 22 | | United States
national flags, or some other marker a distance | 23 | | of 100 horizontal feet from
each entrance to the room used by | 24 | | voters to engage in voting, or, at the option of a church or | 25 | | private school, on any of the property of that church or |
| | | 09700SB3669sam001 | - 9 - | LRB097 18256 PJG 67776 a |
|
| 1 | | private school that is a polling place, which shall be
known as | 2 | | the polling room. If
the polling room is located within a | 3 | | building that is a private business, a public or private
| 4 | | school, or a church or other organization founded for the | 5 | | purpose of religious
worship and the
distance of 100 horizontal | 6 | | feet ends within the interior of the
building, then the markers | 7 | | shall be placed outside of the
building at each entrance used | 8 | | by voters to enter that
building on the grounds adjacent to the | 9 | | thoroughfare or walkway. If the polling
room is located within | 10 | | a public or private building with 2 or more floors and
the | 11 | | polling room is located on the ground floor, then the markers | 12 | | shall be
placed 100 horizontal feet from each entrance to the | 13 | | polling room used by
voters to engage in voting. If the polling | 14 | | room is located in a public or
private building with 2 or more | 15 | | floors and the polling room is located on a
floor above or | 16 | | below the ground floor,
then the markers shall be placed a | 17 | | distance of 100 feet from the nearest
elevator or staircase | 18 | | used by voters on the ground floor to access the floor
where | 19 | | the polling room is located. The area within where the markers | 20 | | are placed
shall be known as a campaign free zone, and | 21 | | electioneering is prohibited
pursuant to this subsection. | 22 | | Notwithstanding any other provision of this Section, a church | 23 | | or private school may choose to apply the campaign free zone to | 24 | | its entire property, and, if so, the markers shall be placed | 25 | | near the boundaries on the grounds adjacent to the | 26 | | thoroughfares or walkways leading to the entrances used by the |
| | | 09700SB3669sam001 | - 10 - | LRB097 18256 PJG 67776 a |
|
| 1 | | voters.
| 2 | | The area on polling place property beyond the campaign free | 3 | | zone,
whether
publicly or privately owned, 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, except for including but
not limited to, | 10 | | the placement of temporary signs.
Nothing in this Section shall | 11 | | prohibit the placement of temporary signs within a private | 12 | | dwelling in a public or private building where a polling place | 13 | | is located. Nothing in this Section shall prohibit the | 14 | | placement of temporary signs on the doors or windows of a | 15 | | private dwelling in a public or private building where a | 16 | | polling place is located so long as that private dwelling is | 17 | | located on a different floor than the polling room or that | 18 | | private dwelling is located a distance of at least 100 | 19 | | horizontal feet from each entrance to the polling room if the | 20 | | private dwelling and polling room are located on the same | 21 | | floor. This subsection shall be construed liberally in favor of | 22 | | persons engaging in
electioneering
on all polling place | 23 | | property beyond the campaign free zone for the time that
the | 24 | | polls are
open on an election day.
| 25 | | (c) The regulation of electioneering on polling place | 26 | | property on an
election
day, including but not limited to the |
| | | 09700SB3669sam001 | - 11 - | LRB097 18256 PJG 67776 a |
|
| 1 | | placement of temporary signs, is an
exclusive power and | 2 | | function of the State. A home rule unit may not regulate
| 3 | | electioneering and any ordinance or local law contrary to | 4 | | subsection (b) is
declared void. This is a denial and | 5 | | limitation of home rule powers and
functions under subsection | 6 | | (h) of Section 6 of Article VII of the Illinois
Constitution.
| 7 | | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
| 8 | | (10 ILCS 5/19A-70)
| 9 | | Sec. 19A-70. Advertising or campaigning in proximity of | 10 | | polling place;
penalty. During the period prescribed in Section | 11 | | 19A-15 for early voting by
personal appearance, the provisions | 12 | | of Sections 7-41, 17-29, and 19-2.2 shall apply; including that | 13 | | a person is prohibited from placing temporary signs on any part | 14 | | of the polling place property beyond the campaign free zone. | 15 | | This provision is a denial and limitation of home rule powers | 16 | | and functions in accordance with subsection (h) of Section 6 of | 17 | | Article VII of the Illinois Constitution. no advertising | 18 | | pertaining to any candidate or proposition
to be voted on may | 19 | | be displayed in or within 100 feet of any polling place used
by | 20 | | voters under this Article. No person may engage in | 21 | | electioneering in or
within 100 feet of any polling place used | 22 | | by voters under this Article. The provisions of Section 17-29 | 23 | | with respect to establishment of a campaign free zone apply to | 24 | | polling places under this Article.
| 25 | | Any person who violates this Section may be punished for |
| | | 09700SB3669sam001 | - 12 - | LRB097 18256 PJG 67776 a |
|
| 1 | | contempt of court.
| 2 | | (Source: P.A. 94-645, eff. 8-22-05.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
|
|