Bill Text: IL HB0363 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Election Code. Makes a technical change in a Section concerning the short title.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0363 Detail]

Download: Illinois-2011-HB0363-Amended.html

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Sen. Don Harmon

Filed: 5/26/2011

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AMENDMENT TO HOUSE BILL 363
AMENDMENT NO. ______. Amend House Bill 363, AS AMENDED,
immediately below the enacting clause, by inserting the
following:
"Section 3. The Election Code is amended by changing
Section 7-41 as follows:
(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

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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

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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.

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The area on polling place property beyond the campaign free
zone, whether publicly or privately owned, including
immediately adjacent sidewalks and parkways, 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.)".