Full Text of SB0067 101st General Assembly
SB0067 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB0067 Introduced 1/23/2019, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/11-4.1 | from Ch. 46, par. 11-4.1 |
105 ILCS 5/22-21 | from Ch. 122, par. 22-21 |
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Amends the Election Code. Provides that a school building may not be used as a polling place if such a use is impossible or inconvenient as determined by a vote of the school board controlling the school building (rather than requiring a school district to make a school available as a polling place if the county board or board of election commissioners chooses a school to be a polling place). Amends the School Code. Provides that every school board may (rather than shall) offer to the appropriate officer or board
having responsibility for providing polling places for elections the use of
any and all buildings under its jurisdiction for any and all elections to
be held, if so requested by such appropriate officer or board.
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| | A BILL FOR |
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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 Section | 5 | | 11-4.1 as follows:
| 6 | | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
| 7 | | Sec. 11-4.1. (a) In appointing polling places under this | 8 | | Article, the
county board or board of election commissioners | 9 | | shall, insofar as they are
convenient and available, use | 10 | | schools and other public buildings as polling
places.
| 11 | | (b) Upon request of the county board or board of election | 12 | | commissioners,
the proper agency of government (including | 13 | | school districts and units of
local government) shall make a | 14 | | public building under its control available
for use as a | 15 | | polling place on an election day and for a reasonably
necessary | 16 | | time before and after election day, without charge , unless such | 17 | | use is impossible or inconvenient as determined by a vote of | 18 | | the school board controlling the school building .
If the county | 19 | | board or board of election commissioners chooses a school
to be | 20 | | a polling place, then the school district must make the school
| 21 | | available for use as a polling place.
However, for the day of | 22 | | the election, a school district is encouraged to (i) close the | 23 | | school or (ii) hold a teachers institute on that day with |
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| 1 | | students not in attendance.
| 2 | | (c) A government agency which makes a public building under | 3 | | its
control available for use as a polling place shall (i) | 4 | | ensure the portion of
the building to be used as the polling | 5 | | place is accessible to voters with disabilities
and elderly | 6 | | voters and (ii) allow the election authority to administer the | 7 | | election as authorized under this Code.
| 8 | | (d) If a qualified elector's precinct polling place is a | 9 | | school and the elector will be unable to enter that polling | 10 | | place without violating Section 11-9.3 of the Criminal Code of | 11 | | 2012 because the elector is a child sex offender as defined in | 12 | | Section 11-9.3 of the Criminal Code of 2012, that elector may | 13 | | vote by a vote by mail ballot in accordance with Article 19 of | 14 | | this Code or may vote early in accordance with Article 19A of | 15 | | this Code. | 16 | | (Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15; | 17 | | 99-143, eff. 7-27-15.)
| 18 | | Section 10. The School Code is amended by changing Section | 19 | | 22-21 as follows:
| 20 | | (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
| 21 | | Sec. 22-21. Elections-Use of school buildings.
| 22 | | (a) Every school board may shall offer to the appropriate | 23 | | officer or board
having responsibility for providing polling | 24 | | places for elections the use of
any and all buildings under its |
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| 1 | | jurisdiction for any and all elections to
be held, if so | 2 | | requested by such appropriate officer or board.
| 3 | | (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 room used by | 6 | | voters to engage in voting, which shall be
known as the polling | 7 | | room. If
the polling room is located within a building that is | 8 | | a public or private
school
and the
distance of 100 horizontal | 9 | | feet ends within the interior of the
building, then the markers | 10 | | shall be placed outside of the
building at each entrance used | 11 | | by voters to enter that
building on the grounds adjacent to the | 12 | | thoroughfare or walkway. If the polling
room is located within | 13 | | a public or private school building with 2 or more
floors and
| 14 | | the polling room is located on the ground floor, then the | 15 | | markers shall be
placed 100 horizontal feet from each entrance | 16 | | to the polling room used by
voters to engage in voting. If the | 17 | | polling room is located in a public or
private school building | 18 | | with 2 or more floors and the polling room is located
on a
| 19 | | floor above or below the ground floor,
then the markers shall | 20 | | be placed a distance of 100 feet from the nearest
elevator or | 21 | | staircase used by voters on the ground floor to access the | 22 | | floor
where the polling room is located. The area within where | 23 | | the markers are placed
shall be known as a campaign free zone, | 24 | | and electioneering is prohibited
pursuant to this subsection.
| 25 | | Notwithstanding any other provision of this Code, the area | 26 | | on polling place
property beyond the campaign free zone,
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| 1 | | whether
publicly or privately owned, is a public forum for the | 2 | | time that the polls are
open on an election day. At the request | 3 | | of election officers any publicly owned
building must be made | 4 | | available for use as a polling place. A person shall have
the | 5 | | right to congregate and engage in electioneering on any polling | 6 | | place
property while the polls are open beyond the campaign | 7 | | free zone, including but
not limited to, the placement of | 8 | | temporary signs.
This subsection shall be construed liberally | 9 | | in favor of persons engaging in
electioneering
on all polling | 10 | | place property beyond the campaign free zone for the time that
| 11 | | the polls are open on an election day.
| 12 | | (Source: P.A. 93-574, eff. 8-21-03.)
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