Full Text of SB2449 93rd General Assembly
SB2449 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2449
Introduced 2/3/2004, by Wendell E. Jones, Frank C. Watson SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-41 |
from Ch. 46, par. 7-41 |
10 ILCS 5/17-29 |
from Ch. 46, par. 17-29 |
10 ILCS 5/19-2.2 |
from Ch. 46, par. 19-2.2 |
105 ILCS 5/22-21 |
from Ch. 122, par. 22-21 |
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Amends the Election Code and the School Code. Provides that the property of a polling place beyond the designated campaign-free zone is a public forum while the polling place is open on election day only if that area of the polling place is public property. Effective immediately.
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A BILL FOR
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SB2449 |
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LRB093 20494 JAM 46284 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-41, 17-29, and 19-2.2 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 | 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.
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| (b) The number of such voting booths shall not be less than | 24 |
| one to every
seventy-five voters or fraction thereof, who voted | 25 |
| at the last preceding
election in the precinct or election | 26 |
| district.
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| (c) No person shall do any electioneering or soliciting of | 28 |
| votes on
primary day within any polling place or within one | 29 |
| hundred feet of any polling
place. Election officers shall | 30 |
| place 2 or more cones, small United States
national flags, or | 31 |
| some other marker a distance of 100 horizontal feet from
each | 32 |
| entrance to the room used by voters to engage in voting, which |
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SB2449 |
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LRB093 20494 JAM 46284 b |
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| shall be
known as the polling room. If
the polling room is | 2 |
| located within a building that is a public or private
school or | 3 |
| a church or other organization founded for the purpose of | 4 |
| religious
worship and the
distance of 100 horizontal feet ends | 5 |
| within the interior of the
building, then the markers shall be | 6 |
| placed outside of the
building at each entrance used by voters | 7 |
| 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.
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| The area on polling place property beyond the campaign free | 22 |
| zone, only if that area is on public property
whether
publicly | 23 |
| or privately owned , is a public forum for the time that the | 24 |
| polls are
open on an election day. At the request of election | 25 |
| officers any publicly owned
building must be made available for | 26 |
| use as a polling place. A person shall have
the right to | 27 |
| congregate and engage in electioneering on any polling place
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| property while the polls are open beyond the campaign free | 29 |
| zone, including but
not limited to, the placement of temporary | 30 |
| signs.
This subsection shall be construed liberally in favor of | 31 |
| persons engaging in
electioneering
on all polling place | 32 |
| property beyond the campaign free zone for the time that
the | 33 |
| polls are
open on an election day.
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| (d) The regulation of electioneering on polling place | 35 |
| property on an
election
day, including but not limited to the | 36 |
| placement of temporary signs, is an
exclusive power and |
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SB2449 |
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LRB093 20494 JAM 46284 b |
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| function of the State. A home rule unit may not regulate
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| 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.
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| (Source: P.A. 93-574, eff. 8-21-03.)
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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 | 9 |
| person shall,
at any primary or election, do any electioneering | 10 |
| or soliciting of votes
or engage in any political discussion | 11 |
| within any polling place or within
100 feet of any polling | 12 |
| place; no person shall interrupt, hinder or
oppose any voter | 13 |
| while approaching within 100 feet of any polling place
for the | 14 |
| purpose of voting. Judges of election shall enforce the
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| provisions of this Section.
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| (b) Election officers shall place 2 or more cones, small | 17 |
| United States
national flags, or some other marker a distance | 18 |
| of 100 horizontal feet from
each entrance to the room used by | 19 |
| voters to engage in voting, which shall be
known as the polling | 20 |
| room. If
the polling room is located within a building
that is | 21 |
| a public or private school or a church or other organization | 22 |
| founded
for the purpose of religious worship and the
distance | 23 |
| of 100 horizontal feet ends within the interior of the
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| 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 | 26 |
| on the grounds adjacent to the thoroughfare or walkway. If the | 27 |
| polling
room is located within a public or private building | 28 |
| with 2 or more floors and
the polling room is located on the | 29 |
| ground floor, then the markers shall be
placed 100 horizontal | 30 |
| feet from each entrance to the polling room used by
voters to | 31 |
| engage in voting. If the polling room is located in a public or
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| private building with 2 or more floors and the polling room is | 33 |
| located on a
floor above or below the ground floor,
then the | 34 |
| markers shall be placed a distance of 100 feet from the nearest
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| elevator or staircase used by voters on the ground floor to |
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SB2449 |
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LRB093 20494 JAM 46284 b |
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| 1 |
| access the floor
where the polling room is located. The area | 2 |
| within where the markers are placed
shall be known as a | 3 |
| campaign free zone, and electioneering is prohibited
pursuant | 4 |
| to this subsection.
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| The area on polling place property beyond the campaign free | 6 |
| zone, only if that area is on public property
whether
publicly | 7 |
| or privately owned , is a public forum for the time that the | 8 |
| polls are
open on an election day. At the request of election | 9 |
| officers any publicly owned
building must be made available for | 10 |
| use as a polling place. A person shall have
the right to | 11 |
| congregate and engage in electioneering on any polling place
| 12 |
| property while the polls are open beyond the campaign free | 13 |
| zone, including but
not limited to, the placement of temporary | 14 |
| signs.
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.
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| (c) The regulation of electioneering on polling place | 19 |
| property on an
election
day, including but not limited to the | 20 |
| placement of temporary signs, is an
exclusive power and | 21 |
| function of the State. A home rule unit may not regulate
| 22 |
| electioneering and any ordinance or local law contrary to | 23 |
| subsection (c) is
declared void. This is a denial and | 24 |
| limitation of home rule powers and
functions under subsection | 25 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
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| (Source: P.A. 93-574, eff. 8-21-03.)
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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 | 29 |
| day preceding
an election and continuing through the day | 30 |
| preceding such election, no
advertising pertaining to any | 31 |
| candidate or proposition to be voted upon
shall be displayed in | 32 |
| or within 100 feet of any room used by voters
pursuant to this | 33 |
| Article; nor shall any person engage in electioneering
in or | 34 |
| within 100 feet of any such room. Any person who violates this
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| Section may be punished as for contempt of court.
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SB2449 |
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LRB093 20494 JAM 46284 b |
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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, which shall be
known as the polling | 5 |
| room. If
the polling room is located within a building that is | 6 |
| a public or private
school or a church or other organization | 7 |
| founded for the purpose of religious
worship and the
distance | 8 |
| of 100 horizontal feet ends within the interior of the
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| building, then the markers shall be placed outside of the
| 10 |
| building at each entrance used by voters to enter that
building | 11 |
| on the grounds adjacent to the thoroughfare or walkway. If the | 12 |
| polling
room is located within a public or private building | 13 |
| with 2 or more floors and
the polling room is located on the | 14 |
| ground floor, then the markers shall be
placed 100 horizontal | 15 |
| feet from each entrance to the polling room used by
voters to | 16 |
| engage in voting. If the polling room is located in a public or
| 17 |
| private building with 2 or more floors and the polling room is | 18 |
| located on a
floor above or below the ground floor,
then the | 19 |
| markers shall be placed a distance of 100 feet from the nearest
| 20 |
| elevator or staircase used by voters on the ground floor to | 21 |
| access the floor
where the polling room is located. The area | 22 |
| within where the markers are placed
shall be known as a | 23 |
| campaign free zone, and electioneering is prohibited
pursuant | 24 |
| to this subsection.
| 25 |
| The area on polling place property beyond the campaign free | 26 |
| zone,
only if that area is on public property
whether
publicly | 27 |
| or privately owned , is a public forum for the time that the | 28 |
| polls are
open on an election day. At the request of election | 29 |
| officers any publicly owned
building must be made available for | 30 |
| use as a polling place. A person shall have
the right to | 31 |
| congregate and engage in electioneering on any polling place
| 32 |
| property while the polls are open beyond the campaign free | 33 |
| zone, including but
not limited to, the placement of temporary | 34 |
| signs.
This subsection shall be construed liberally in favor of | 35 |
| persons engaging in
electioneering
on all polling place | 36 |
| property beyond the campaign free zone for the time that
the |
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SB2449 |
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LRB093 20494 JAM 46284 b |
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| 1 |
| polls are
open on an election day.
| 2 |
| (c) The regulation of electioneering on polling place | 3 |
| property on an
election
day, including but not limited to the | 4 |
| placement of temporary signs, is an
exclusive power and | 5 |
| function of the State. A home rule unit may not regulate
| 6 |
| electioneering and any ordinance or local law contrary to | 7 |
| subsection (b) is
declared void. This is a denial and | 8 |
| limitation of home rule powers and
functions under subsection | 9 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
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| (Source: P.A. 93-574, eff. 8-21-03.)
| 11 |
| Section 10. The School Code is amended by changing Section | 12 |
| 22-21 as follows:
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| (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
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| Sec. 22-21. Elections-Use of school buildings.
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| (a) Every school board shall offer to the appropriate | 16 |
| officer or board
having responsibility for providing polling | 17 |
| places for elections the use of
any and all buildings under its | 18 |
| jurisdiction for any and all elections to
be held, if so | 19 |
| requested by such appropriate officer or board.
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| (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, which shall be
known as the polling | 24 |
| room. If
the polling room is located within a building that is | 25 |
| a public or private
school
and the
distance of 100 horizontal | 26 |
| feet ends within the interior of the
building, then the markers | 27 |
| shall be placed outside of the
building at each entrance used | 28 |
| by voters to enter that
building on the grounds adjacent to the | 29 |
| thoroughfare or walkway. If the polling
room is located within | 30 |
| a public or private school building with 2 or more
floors and
| 31 |
| the polling room is located on the ground floor, then the | 32 |
| markers shall be
placed 100 horizontal feet from each entrance | 33 |
| to the polling room used by
voters to engage in voting. If the | 34 |
| polling room is located in a public or
private school building |
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SB2449 |
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LRB093 20494 JAM 46284 b |
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| 1 |
| with 2 or more floors and the polling room is located
on a
| 2 |
| floor above or below the ground floor,
then the markers shall | 3 |
| be placed a distance of 100 feet from the nearest
elevator or | 4 |
| staircase used by voters on the ground floor to access the | 5 |
| floor
where the polling room is located. The area within where | 6 |
| the markers are placed
shall be known as a campaign free zone, | 7 |
| and electioneering is prohibited
pursuant to this subsection.
| 8 |
| Notwithstanding any other provision of this Code, the area | 9 |
| on polling place
property beyond the campaign free zone,
only | 10 |
| if that area is on public property
whether
publicly or | 11 |
| privately owned , is a public forum for the time that the polls | 12 |
| are
open on an election day. At the request of election | 13 |
| officers any publicly owned
building must be made available for | 14 |
| use as a polling place. A person shall have
the right to | 15 |
| congregate and engage in electioneering on any polling place
| 16 |
| property while the polls are open beyond the campaign free | 17 |
| zone, including but
not limited to, the placement of temporary | 18 |
| signs.
This subsection shall be construed liberally in favor of | 19 |
| persons engaging in
electioneering
on all polling place | 20 |
| property beyond the campaign free zone for the time that
the | 21 |
| polls are open on an election day.
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| (Source: P.A. 93-574, eff. 8-21-03.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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