Bill Text: IL SB3338 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Specifies that the area on polling place property beyond the campaign free zone that qualifies as a public forum includes immediately adjacent sidewalks and parkways.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2012-12-03 - Public Act . . . . . . . . . 97-1134 [SB3338 Detail]
Download: Illinois-2011-SB3338-Amended.html
Bill Title: Amends the Election Code. Specifies that the area on polling place property beyond the campaign free zone that qualifies as a public forum includes immediately adjacent sidewalks and parkways.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2012-12-03 - Public Act . . . . . . . . . 97-1134 [SB3338 Detail]
Download: Illinois-2011-SB3338-Amended.html
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1 | AMENDMENT TO SENATE BILL 3338
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2 | AMENDMENT NO. ______. Amend Senate Bill 3338 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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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6 | (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
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7 | 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 |
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1 | within plain view of those within the proximity of the voting | ||||||
2 | booths.
No person other than election officers and the | ||||||
3 | challengers allowed by law and
those admitted for the purpose | ||||||
4 | of voting, as hereinafter provided, shall be
permitted within | ||||||
5 | the proximity of the voting booths, except
by authority of the | ||||||
6 | primary officers to keep order and enforce the law.
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7 | (b) The number of such voting booths shall not be less than | ||||||
8 | one to every
seventy-five voters or fraction thereof, who voted | ||||||
9 | at the last preceding
election in the precinct or election | ||||||
10 | district.
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11 | (c) No person shall do any electioneering or soliciting of | ||||||
12 | votes on
primary day within any polling place or within one | ||||||
13 | hundred feet of any polling
place, or, at the option of a | ||||||
14 | church or private school, on any of the property of that church | ||||||
15 | or private school that is a polling place. Election officers | ||||||
16 | shall place 2 or more cones, small United States
national | ||||||
17 | flags, or some other marker a distance of 100 horizontal feet | ||||||
18 | from
each entrance to the room used by voters to engage in | ||||||
19 | voting, which shall be
known as the polling room. If
the | ||||||
20 | polling room is located within a building that is a private | ||||||
21 | business, a public or private
school, or a church or other | ||||||
22 | organization founded for the purpose of religious
worship and | ||||||
23 | the
distance of 100 horizontal feet ends within the interior of | ||||||
24 | the
building, then the markers shall be placed outside of the
| ||||||
25 | building at each entrance used by voters to enter that
building | ||||||
26 | on the grounds adjacent to the thoroughfare or walkway. If the |
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1 | polling
room is located within a public or private building | ||||||
2 | with 2 or more floors and
the polling room is located on the | ||||||
3 | ground floor, then the markers shall be
placed 100 horizontal | ||||||
4 | feet from each entrance to the polling room used by
voters to | ||||||
5 | engage in voting. If the polling room is located in a public or
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6 | private building with 2 or more floors and the polling room is | ||||||
7 | located on a
floor above or below the ground floor,
then the | ||||||
8 | markers shall be placed a distance of 100 feet from the nearest
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9 | elevator or staircase used by voters on the ground floor to | ||||||
10 | access the floor
where the polling room is located. The area | ||||||
11 | within where the markers are placed
shall be known as a | ||||||
12 | campaign free zone, and electioneering is prohibited
pursuant | ||||||
13 | to this subsection. Notwithstanding any other provision of this | ||||||
14 | Section, a church or private school may choose to apply the | ||||||
15 | campaign free zone to its entire property, and, if so, the | ||||||
16 | markers shall be placed near the boundaries on the grounds | ||||||
17 | adjacent to the thoroughfares or walkways leading to the | ||||||
18 | entrances used by the voters.
At or near the door of each | ||||||
19 | polling place, the election judges shall place signage | ||||||
20 | indicating the proper entrance to the polling place. In | ||||||
21 | addition, the election judges shall ensure that a sign | ||||||
22 | identifying the location of the polling place is placed on a | ||||||
23 | nearby public roadway. The State Board of Elections shall | ||||||
24 | establish guidelines for the placement of polling place | ||||||
25 | signage.
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26 | The area on polling place property beyond the campaign free |
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1 | zone, whether
publicly or privately owned, including | ||||||
2 | immediately adjacent sidewalks and parkways, is a public forum | ||||||
3 | for the time that the polls are
open on an election day. At the | ||||||
4 | request of election officers any publicly owned
building must | ||||||
5 | be made available for use as a polling place. A person shall | ||||||
6 | have
the right to congregate and engage in electioneering on | ||||||
7 | any polling place
property while the polls are open beyond the | ||||||
8 | campaign free zone, including but
not limited to, the placement | ||||||
9 | of temporary signs.
This subsection shall be construed | ||||||
10 | liberally in favor of persons engaging in
electioneering
on all | ||||||
11 | polling place property beyond the campaign free zone for the | ||||||
12 | time that
the polls are
open on an election day.
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13 | (d) The regulation of electioneering on polling place | ||||||
14 | property on an
election
day, including but not limited to the | ||||||
15 | placement of temporary signs, is an
exclusive power and | ||||||
16 | function of the State. A home rule unit may not regulate
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17 | electioneering and any ordinance or local law contrary to | ||||||
18 | subsection (c) is
declared void. This is a denial and | ||||||
19 | limitation of home rule powers and
functions under subsection | ||||||
20 | (h) of Section 6 of Article VII of the Illinois
Constitution.
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21 | (Source: P.A. 95-699, eff. 11-9-07.)
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22 | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
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23 | Sec. 17-29. (a) No judge of election, pollwatcher, or other | ||||||
24 | person shall,
at any primary or election, do any electioneering | ||||||
25 | or soliciting of votes
or engage in any political discussion |
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1 | within any polling place, within
100 feet of any polling place, | ||||||
2 | or, at the option of a church or private school, on any of the | ||||||
3 | property of that church or private school that is a polling | ||||||
4 | place; no person shall interrupt, hinder or
oppose any voter | ||||||
5 | while approaching within those areas
for the purpose of voting. | ||||||
6 | Judges of election shall enforce the
provisions of this | ||||||
7 | Section.
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8 | (b) Election officers shall place 2 or more cones, small | ||||||
9 | United States
national flags, or some other marker a distance | ||||||
10 | of 100 horizontal feet from
each entrance to the room used by | ||||||
11 | voters to engage in voting, which shall be
known as the polling | ||||||
12 | room. If
the polling room is located within a building
that is | ||||||
13 | a private business, a public or private school, or a church or | ||||||
14 | other organization founded
for the purpose of religious worship | ||||||
15 | and the
distance of 100 horizontal feet ends within the | ||||||
16 | interior of the
building, then the markers shall be placed | ||||||
17 | outside of the
building at each entrance used by voters to | ||||||
18 | enter that
building on the grounds adjacent to the thoroughfare | ||||||
19 | or walkway. If the polling
room is located within a public or | ||||||
20 | private building with 2 or more floors and
the polling room is | ||||||
21 | located on the ground floor, then the markers shall be
placed | ||||||
22 | 100 horizontal feet from each entrance to the polling room used | ||||||
23 | by
voters to engage in voting. If the polling room is located | ||||||
24 | in a public or
private building with 2 or more floors and the | ||||||
25 | polling room is located on a
floor above or below the ground | ||||||
26 | floor,
then the markers shall be placed a distance of 100 feet |
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1 | from the nearest
elevator or staircase used by voters on the | ||||||
2 | ground floor to access the floor
where the polling room is | ||||||
3 | located. The area within where the markers are placed
shall be | ||||||
4 | known as a campaign free zone, and electioneering is prohibited
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5 | pursuant to this subsection. Notwithstanding any other | ||||||
6 | provision of this Section, a church or private school may | ||||||
7 | choose to apply the campaign free zone to its entire property, | ||||||
8 | and, if so, the markers shall be placed near the boundaries on | ||||||
9 | the grounds adjacent to the thoroughfares or walkways leading | ||||||
10 | to the entrances used by the voters.
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11 | The area on polling place property beyond the campaign free | ||||||
12 | zone, whether
publicly or privately owned, including | ||||||
13 | immediately adjacent sidewalks and parkways, is a public forum | ||||||
14 | for the time that the polls are
open on an election day. At the | ||||||
15 | request of election officers any publicly owned
building must | ||||||
16 | be made available for use as a polling place. A person shall | ||||||
17 | have
the right to congregate and engage in electioneering on | ||||||
18 | any polling place
property while the polls are open beyond the | ||||||
19 | campaign free zone, including but
not limited to, the placement | ||||||
20 | of temporary signs.
This subsection shall be construed | ||||||
21 | liberally in favor of persons engaging in
electioneering
on all | ||||||
22 | polling place property beyond the campaign free zone for the | ||||||
23 | time that
the polls are
open on an election day. At or near the | ||||||
24 | door of each polling place, the election judges shall place | ||||||
25 | signage indicating the proper entrance to the polling place. In | ||||||
26 | addition, the election judges shall ensure that a sign |
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1 | identifying the location of the polling place is placed on a | ||||||
2 | nearby public roadway. The State Board of Elections shall | ||||||
3 | establish guidelines for the placement of polling place | ||||||
4 | signage.
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5 | (c) The regulation of electioneering on polling place | ||||||
6 | property on an
election
day, including but not limited to the | ||||||
7 | placement of temporary signs, is an
exclusive power and | ||||||
8 | function of the State. A home rule unit may not regulate
| ||||||
9 | electioneering and any ordinance or local law contrary to | ||||||
10 | subsection (c) is
declared void. This is a denial and | ||||||
11 | limitation of home rule powers and
functions under subsection | ||||||
12 | (h) of Section 6 of Article VII of the Illinois
Constitution.
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13 | (Source: P.A. 95-699, eff. 11-9-07.)
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14 | (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
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15 | Sec. 19-2.2. (a) During the period beginning on the 40th | ||||||
16 | day preceding
an election and continuing through the day | ||||||
17 | preceding such election, no
advertising pertaining to any | ||||||
18 | candidate or proposition to be voted upon
shall be displayed in | ||||||
19 | or within 100 feet of any room used by voters
pursuant to this | ||||||
20 | Article, or, at the option of a church or private school, on | ||||||
21 | any of the property of that church or private school that is a | ||||||
22 | polling place; nor shall any person engage in electioneering
in | ||||||
23 | or within 100 feet of any such room, or, at the option of a | ||||||
24 | church or private school, on any of the property of that church | ||||||
25 | or private school that is a polling place. Any person who |
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1 | violates this
Section may be punished as for contempt of court.
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2 | (b) Election officers shall place 2 or more cones, small | ||||||
3 | United States
national flags, or some other marker a distance | ||||||
4 | of 100 horizontal feet from
each entrance to the room used by | ||||||
5 | voters to engage in voting, or, at the option of a church or | ||||||
6 | private school, on any of the property of that church or | ||||||
7 | private school that is a polling place, which shall be
known as | ||||||
8 | the polling room. If
the polling room is located within a | ||||||
9 | building that is a private business, a public or private
| ||||||
10 | school, or a church or other organization founded for the | ||||||
11 | purpose of religious
worship and the
distance of 100 horizontal | ||||||
12 | feet ends within the interior of the
building, then the markers | ||||||
13 | shall be placed outside of the
building at each entrance used | ||||||
14 | by voters to enter that
building on the grounds adjacent to the | ||||||
15 | thoroughfare or walkway. If the polling
room is located within | ||||||
16 | a public or private building with 2 or more floors and
the | ||||||
17 | polling room is located on the ground floor, then the markers | ||||||
18 | shall be
placed 100 horizontal feet from each entrance to the | ||||||
19 | polling room used by
voters to engage in voting. If the polling | ||||||
20 | room is located in a public or
private building with 2 or more | ||||||
21 | floors and the polling room is located on a
floor above or | ||||||
22 | below the ground floor,
then the markers shall be placed a | ||||||
23 | distance of 100 feet from the nearest
elevator or staircase | ||||||
24 | used by voters on the ground floor to access the floor
where | ||||||
25 | the polling room is located. The area within where the markers | ||||||
26 | are placed
shall be known as a campaign free zone, and |
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1 | electioneering is prohibited
pursuant to this subsection. | ||||||
2 | Notwithstanding any other provision of this Section, a church | ||||||
3 | or private school may choose to apply the campaign free zone to | ||||||
4 | its entire property, and, if so, the markers shall be placed | ||||||
5 | near the boundaries on the grounds adjacent to the | ||||||
6 | thoroughfares or walkways leading to the entrances used by the | ||||||
7 | voters.
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8 | The area on polling place property beyond the campaign free | ||||||
9 | zone,
whether
publicly or privately owned, including | ||||||
10 | immediately adjacent sidewalks and parkways, is a public forum | ||||||
11 | for the time that the polls are
open on an election day. At the | ||||||
12 | request of election officers any publicly owned
building must | ||||||
13 | be made available for use as a polling place. A person shall | ||||||
14 | have
the right to congregate and engage in electioneering on | ||||||
15 | any polling place
property while the polls are open beyond the | ||||||
16 | campaign free zone, including but
not limited to, the placement | ||||||
17 | of temporary signs.
This subsection shall be construed | ||||||
18 | liberally in favor of persons engaging in
electioneering
on all | ||||||
19 | polling place property beyond the campaign free zone for the | ||||||
20 | time that
the polls are
open on an election day.
| ||||||
21 | (c) The regulation of electioneering on polling place | ||||||
22 | property on an
election
day, including but not limited to the | ||||||
23 | placement of temporary signs, is an
exclusive power and | ||||||
24 | function of the State. A home rule unit may not regulate
| ||||||
25 | electioneering and any ordinance or local law contrary to | ||||||
26 | subsection (b) is
declared void. This is a denial and |
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| |||||||
1 | limitation of home rule powers and
functions under subsection | ||||||
2 | (h) of Section 6 of Article VII of the Illinois
Constitution.
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3 | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.".
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