Bill Text: IL SB1814 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Election Code. With respect to campaign free zones, removes the authority of a church or private school to designate its entire property where a polling place is located as a campaign free zone. Provides that nothing prohibits the placement of temporary signs in a private dwelling in a public or private building containing a polling room. Provides that nothing prohibits the placement of temporary signs on windows or doors of a private dwelling in a public or private building containing a polling room if the dwelling and polling room are on different floors or, if not on different floors, the private dwelling is at least 100 horizontal feet from each entrance to the polling room. Preempts home rule powers. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1814 Detail]

Download: Illinois-2011-SB1814-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1814 Introduced 2/9/2011, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
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
10 ILCS 5/19A-70
Amends the Election Code. With respect to campaign free zones, removes the authority of a church or private school to designate its entire property where a polling place is located as a campaign free zone. Provides that nothing prohibits the placement of temporary signs in a private dwelling in a public or private building containing a polling room. Provides that nothing prohibits the placement of temporary signs on windows or doors of a private dwelling in a public or private building containing a polling room if the dwelling and polling room are on different floors or, if not on different floors, the private dwelling is at least 100 horizontal feet from each entrance to the polling room. Preempts home rule powers. Effective immediately.
LRB097 10045 HLH 50221 b
HOME RULE NOTE ACT MAY APPLY
A BILL FOR
SB1814 LRB097 10045 HLH 50221 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-41, 17-29, 19-2.2, and 19A-70 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
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

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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

SB1814 - 3 - LRB097 10045 HLH 50221 b
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, except for including but not limited to,

SB1814 - 4 - LRB097 10045 HLH 50221 b
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. Nothing in this Section shall prohibit the
placement of temporary signs within a private dwelling in a
public or private building where a polling place is located.
Nothing in this Section shall prohibit the placement of
temporary signs on the doors or windows of a private dwelling
in a public or private building where a polling place is
located so long as that private dwelling is located on a
different floor than the polling room or that private dwelling
is located a distance of at least 100 horizontal feet from each
entrance to the polling room if the private dwelling and
polling room are located on the same floor.
(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.)
(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
person shall, at any primary or election, do any electioneering
or soliciting of votes or engage in any political discussion
within any polling place, within 100 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; no person shall interrupt, hinder or oppose any voter
while approaching within those areas for the purpose of voting.
Judges of election shall enforce the provisions of this
Section.
(b) 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

SB1814 - 6 - LRB097 10045 HLH 50221 b
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.
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, except for including but not limited to,
the placement of temporary signs. Nothing in this Section shall
prohibit the placement of temporary signs within a private
dwelling in a public or private building where a polling place
is located. Nothing in this Section shall prohibit the
placement of temporary signs on the doors or windows of a

SB1814 - 7 - LRB097 10045 HLH 50221 b
private dwelling in a public or private building where a
polling place is located so long as that private dwelling is
located on a different floor than the polling room or that
private dwelling is located a distance of at least 100
horizontal feet from each entrance to the polling room if the
private dwelling and polling room are located on the same
floor. 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. 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.
(c) 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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(10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
Sec. 19-2.2. (a) During the period beginning on the 40th
day preceding an election and continuing through the day
preceding such election, no advertising pertaining to any
candidate or proposition to be voted upon shall be displayed in
or within 100 feet of any room used by voters pursuant to this
Article, 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; nor shall any person engage in electioneering in
or within 100 feet of any such room, 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. Any person who
violates this Section may be punished as for contempt of court.
(b) 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, 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, 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

SB1814 - 9 - LRB097 10045 HLH 50221 b
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.
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

SB1814 - 10 - LRB097 10045 HLH 50221 b
any polling place property while the polls are open beyond the
campaign free zone, except for including but not limited to,
the placement of temporary signs. Nothing in this Section shall
prohibit the placement of temporary signs within a private
dwelling in a public or private building where a polling place
is located. Nothing in this Section shall prohibit the
placement of temporary signs on the doors or windows of a
private dwelling in a public or private building where a
polling place is located so long as that private dwelling is
located on a different floor than the polling room or that
private dwelling is located a distance of at least 100
horizontal feet from each entrance to the polling room if the
private dwelling and polling room are located on the same
floor. 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.
(c) 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 (b) 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. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)

SB1814 - 11 - LRB097 10045 HLH 50221 b
(10 ILCS 5/19A-70)
Sec. 19A-70. Advertising or campaigning in proximity of
polling place; penalty. During the period prescribed in Section
19A-15 for early voting by personal appearance, the provisions
of Sections 7-41, 17-29, and 19-2.2 shall apply; including that
a person is prohibited from placing temporary signs on any part
of the polling place property beyond the campaign free zone.
This provision is a denial and limitation of home rule powers
and functions in accordance with subsection (h) of Section 6 of
Article VII of the Illinois Constitution. no advertising
pertaining to any candidate or proposition to be voted on may
be displayed in or within 100 feet of any polling place used by
voters under this Article. No person may engage in
electioneering in or within 100 feet of any polling place used
by voters under this Article. The provisions of Section 17-29
with respect to establishment of a campaign free zone apply to
polling places under this Article.
Any person who violates this Section may be punished for
contempt of court.
(Source: P.A. 94-645, eff. 8-22-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.