(10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
Sec. 7-41. (a) All officers upon whom is imposed by law the duty of
designating and providing polling places for general elections, shall provide
in each such polling place so designated and provided, a sufficient number of
booths for such primary election, which booths shall be provided with
shelves, such supplies and pencils as will enable the voter to prepare his
ballot for voting and in which voters may prepare their ballots screened
from all observation as to the manner in which they do so. Such booths shall be
within plain view of the election officers and both they and the ballot boxes
shall be within plain view of those within the proximity of the voting booths.
No person other than election officers and the challengers allowed by law and
those admitted for the purpose of voting, as hereinafter provided, shall be
permitted within the proximity of the voting booths, except
by authority of the primary officers to keep order and enforce the law.
(b) The number of such voting booths shall not be less than one to every
seventy-five voters or fraction thereof, who voted at the last preceding
election in the precinct or election district.
(c) No person shall do any electioneering or soliciting of votes on
primary day within any polling place or within one hundred feet of any polling
place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place. Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a private business, a public or private
school, or a church or other organization founded for the purpose of religious
worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
At or near the door of each polling place, the election judges shall place signage indicating the proper entrance to the polling place. In addition, the election judges shall ensure that a sign identifying the location of the polling place is placed on a nearby public roadway. The State Board of Elections shall establish guidelines for the placement of polling place signage.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day.
(d) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 95-699, eff. 11-9-07.)
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