Full Text of SB0080 096th General Assembly
SB0080eng 96TH GENERAL ASSEMBLY
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SB0080 Engrossed |
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LRB096 03305 JAM 13323 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, 19-2.2, and 19A-70 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 |
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| one to every
seventy-five voters or fraction thereof, who voted | 2 |
| at the last preceding
election in the precinct or election | 3 |
| district.
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| (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
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| 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
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| 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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| 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 | 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.
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| The area on polling place property beyond the campaign free | 20 |
| zone, whether
publicly or privately owned, is a public forum | 21 |
| for the time that the polls are
open on an election day. At the | 22 |
| request of election officers any publicly owned
building must | 23 |
| be made available for use as a polling place. A person shall | 24 |
| have
the right to congregate and engage in electioneering on | 25 |
| any polling place
property while the polls are open beyond the | 26 |
| campaign free zone, except for including but
not limited to, |
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LRB096 03305 JAM 13323 b |
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| the placement of temporary signs.
This subsection shall be | 2 |
| construed liberally in favor of persons engaging in
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| electioneering
on all polling place property beyond the | 4 |
| campaign free zone for the time that
the polls are
open on an | 5 |
| election day. Nothing in this Section shall prohibit the | 6 |
| placement of temporary signs within a private dwelling in a | 7 |
| public or private building where a polling place is located. | 8 |
| Nothing in this Section shall prohibit the placement of | 9 |
| temporary signs on the doors or windows of a private dwelling | 10 |
| in a public or private building where a polling place is | 11 |
| located so long as that private dwelling is located on a | 12 |
| different floor than the polling room or that private dwelling | 13 |
| is located a distance of at least 100 horizontal feet from each | 14 |
| entrance to the polling room if the private dwelling and | 15 |
| polling room are located on the same floor.
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| (d) The regulation of electioneering on polling place | 17 |
| property on an
election
day, including but not limited to the | 18 |
| placement of temporary signs, is an
exclusive power and | 19 |
| function of the State. A home rule unit may not regulate
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| electioneering and any ordinance or local law contrary to | 21 |
| subsection (c) is
declared void. This is a denial and | 22 |
| limitation of home rule powers and
functions under subsection | 23 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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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 | 2 |
| person shall,
at any primary or election, do any electioneering | 3 |
| or soliciting of votes
or engage in any political discussion | 4 |
| within any polling place, within
100 feet of any polling place , | 5 |
| or, at the option of a church or private school, on any of the | 6 |
| property of that church or private school that is a polling | 7 |
| place ; no person shall interrupt, hinder or
oppose any voter | 8 |
| while approaching within those areas
for the purpose of voting. | 9 |
| Judges of election shall enforce the
provisions of this | 10 |
| Section.
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| (b) Election officers shall place 2 or more cones, small | 12 |
| United States
national flags, or some other marker a distance | 13 |
| of 100 horizontal feet from
each entrance to the room used by | 14 |
| voters to engage in voting, which shall be
known as the polling | 15 |
| room. If
the polling room is located within a building
that is | 16 |
| a private business, a public or private school, or a church or | 17 |
| other organization founded
for the purpose of religious worship | 18 |
| and the
distance of 100 horizontal feet ends within the | 19 |
| interior of the
building, then the markers shall be placed | 20 |
| outside of the
building at each entrance used by voters to | 21 |
| enter that
building on the grounds adjacent to the thoroughfare | 22 |
| or walkway. If the polling
room is located within a public or | 23 |
| private building with 2 or more floors and
the polling room is | 24 |
| located on the ground floor, then the markers shall be
placed | 25 |
| 100 horizontal feet from each entrance to the polling room used | 26 |
| by
voters to engage in voting. If the polling room is located |
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SB0080 Engrossed |
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LRB096 03305 JAM 13323 b |
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| in a public or
private building with 2 or more floors and the | 2 |
| polling room is located on a
floor above or below the ground | 3 |
| floor,
then the markers shall be placed a distance of 100 feet | 4 |
| from the nearest
elevator or staircase used by voters on the | 5 |
| ground floor to access the floor
where the polling room is | 6 |
| located. The area within where the markers are placed
shall be | 7 |
| known as a campaign free zone, and electioneering is prohibited
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| pursuant to this subsection. Notwithstanding any other | 9 |
| provision of this Section, a church or private school may | 10 |
| choose to apply the campaign free zone to its entire property, | 11 |
| and, if so, the markers shall be placed near the boundaries on | 12 |
| the grounds adjacent to the thoroughfares or walkways leading | 13 |
| to the entrances used by the voters.
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| The area on polling place property beyond the campaign free | 15 |
| zone, whether
publicly or privately owned, is a public forum | 16 |
| for the time that the polls are
open on an election day. At the | 17 |
| request of election officers any publicly owned
building must | 18 |
| be made available for use as a polling place. A person shall | 19 |
| have
the right to congregate and engage in electioneering on | 20 |
| any polling place
property while the polls are open beyond the | 21 |
| campaign free zone, except for including but
not limited to, | 22 |
| the placement of temporary signs. Nothing in this Section shall | 23 |
| prohibit the placement of temporary signs within a private | 24 |
| dwelling in a public or private building where a polling place | 25 |
| is located. Nothing in this Section shall prohibit the | 26 |
| placement of temporary signs on the doors or windows of a |
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SB0080 Engrossed |
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LRB096 03305 JAM 13323 b |
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| private dwelling in a public or private building where a | 2 |
| polling place is located so long as that private dwelling is | 3 |
| located on a different floor than the polling room or that | 4 |
| private dwelling is located a distance of at least 100 | 5 |
| horizontal feet from each entrance to the polling room if the | 6 |
| private dwelling and polling room are located on the same | 7 |
| floor.
This subsection shall be construed liberally in favor of | 8 |
| persons engaging in
electioneering
on all polling place | 9 |
| property beyond the campaign free zone for the time that
the | 10 |
| polls are
open on an election day. At or near the door of each | 11 |
| polling place, the election judges shall place signage | 12 |
| indicating the proper entrance to the polling place. In | 13 |
| addition, the election judges shall ensure that a sign | 14 |
| identifying the location of the polling place is placed on a | 15 |
| nearby public roadway. The State Board of Elections shall | 16 |
| establish guidelines for the placement of polling place | 17 |
| signage.
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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. 95-699, eff. 11-9-07.)
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SB0080 Engrossed |
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LRB096 03305 JAM 13323 b |
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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 | 3 |
| day preceding
an election and continuing through the day | 4 |
| preceding such election, no
advertising pertaining to any | 5 |
| candidate or proposition to be voted upon
shall be displayed in | 6 |
| or within 100 feet of any room used by voters
pursuant to this | 7 |
| Article , or, at the option of a church or private school, on | 8 |
| any of the property of that church or private school that is a | 9 |
| polling place ; nor shall any person engage in electioneering
in | 10 |
| or within 100 feet of any such room , or, at the option of a | 11 |
| church or private school, on any of the property of that church | 12 |
| or private school that is a polling place . Any person who | 13 |
| violates this
Section may be punished as for contempt of court.
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| (b) Election officers shall place 2 or more cones, small | 15 |
| United States
national flags, or some other marker a distance | 16 |
| of 100 horizontal feet from
each entrance to the room used by | 17 |
| voters to engage in voting, or, at the option of a church or | 18 |
| private school, on any of the property of that church or | 19 |
| private school that is a polling place, which shall be
known as | 20 |
| the polling room. If
the polling room is located within a | 21 |
| building that is a private business, a public or private
| 22 |
| school, or a church or other organization founded for the | 23 |
| purpose of religious
worship and the
distance of 100 horizontal | 24 |
| feet ends within the interior of the
building, then the markers | 25 |
| shall be placed outside of the
building at each entrance used |
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SB0080 Engrossed |
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LRB096 03305 JAM 13323 b |
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| 1 |
| by voters to enter that
building on the grounds adjacent to the | 2 |
| thoroughfare or walkway. If the polling
room is located within | 3 |
| a public or private building with 2 or more floors and
the | 4 |
| polling room is located on the ground floor, then the markers | 5 |
| shall be
placed 100 horizontal feet from each entrance to the | 6 |
| polling room used by
voters to engage in voting. If the polling | 7 |
| room is located in a public or
private building with 2 or more | 8 |
| floors and the polling room is located on a
floor above or | 9 |
| below the ground floor,
then the markers shall be placed a | 10 |
| distance of 100 feet from the nearest
elevator or staircase | 11 |
| used by voters on the ground floor to access the floor
where | 12 |
| the polling room is located. The area within where the markers | 13 |
| are placed
shall be known as a campaign free zone, and | 14 |
| electioneering is prohibited
pursuant to this subsection. | 15 |
| Notwithstanding any other provision of this Section, a church | 16 |
| or private school may choose to apply the campaign free zone to | 17 |
| its entire property, and, if so, the markers shall be placed | 18 |
| near the boundaries on the grounds adjacent to the | 19 |
| thoroughfares or walkways leading to the entrances used by the | 20 |
| 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 |
|
|
|
SB0080 Engrossed |
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LRB096 03305 JAM 13323 b |
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| 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.
| 18 |
| (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 (b) 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; 93-847, eff. 7-30-04.)
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SB0080 Engrossed |
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LRB096 03305 JAM 13323 b |
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| (10 ILCS 5/19A-70)
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| Sec. 19A-70. Advertising or campaigning in proximity of | 3 |
| polling place;
penalty. During the period prescribed in Section | 4 |
| 19A-15 for early voting by
personal appearance, the provisions | 5 |
| of Sections 7-41, 17-29, and 19-2.2 shall apply; including that | 6 |
| a person is prohibited from placing temporary signs on any part | 7 |
| of the polling place property beyond the campaign free zone. | 8 |
| This provision is a denial and limitation of home rule powers | 9 |
| and functions in accordance with subsection (h) of Section 6 of | 10 |
| Article VII of the Illinois Constitution. no advertising | 11 |
| pertaining to any candidate or proposition
to be voted on may | 12 |
| be displayed in or within 100 feet of any polling place used
by | 13 |
| voters under this Article. No person may engage in | 14 |
| electioneering in or
within 100 feet of any polling place used | 15 |
| by voters under this Article. The provisions of Section 17-29 | 16 |
| with respect to establishment of a campaign free zone apply to | 17 |
| polling places under this Article.
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| Any person who violates this Section may be punished for | 19 |
| contempt of court.
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| (Source: P.A. 94-645, eff. 8-22-05.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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