Bill Text: IL SB3338 | 2011-2012 | 97th General Assembly | Engrossed
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-Engrossed.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-Engrossed.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 | ||||||
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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23 | (b) The number of such voting booths shall not be less than |
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1 | 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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4 | (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
| ||||||
18 | 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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25 | 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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1 | markers shall be placed a distance of 100 feet from the nearest
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2 | 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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19 | The area on polling place property beyond the campaign free | ||||||
20 | zone, whether
publicly or privately owned, including | ||||||
21 | immediately adjacent sidewalks and parkways, is a public forum | ||||||
22 | for the time that the polls are
open on an election day. At the | ||||||
23 | request of election officers any publicly owned
building must | ||||||
24 | be made available for use as a polling place. A person shall | ||||||
25 | have
the right to congregate and engage in electioneering on | ||||||
26 | any polling place
property while the polls are open beyond the |
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1 | campaign free zone, including but
not limited to, the placement | ||||||
2 | of temporary signs.
This subsection shall be construed | ||||||
3 | liberally in favor of persons engaging in
electioneering
on all | ||||||
4 | polling place property beyond the campaign free zone for the | ||||||
5 | time that
the polls are
open on an election day.
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6 | (d) The regulation of electioneering on polling place | ||||||
7 | property on an
election
day, including but not limited to the | ||||||
8 | placement of temporary signs, is an
exclusive power and | ||||||
9 | function of the State. A home rule unit may not regulate
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10 | electioneering and any ordinance or local law contrary to | ||||||
11 | subsection (c) is
declared void. This is a denial and | ||||||
12 | limitation of home rule powers and
functions under subsection | ||||||
13 | (h) of Section 6 of Article VII of the Illinois
Constitution.
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14 | (Source: P.A. 95-699, eff. 11-9-07.)
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15 | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
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16 | Sec. 17-29. (a) No judge of election, pollwatcher, or other | ||||||
17 | person shall,
at any primary or election, do any electioneering | ||||||
18 | or soliciting of votes
or engage in any political discussion | ||||||
19 | within any polling place, within
100 feet of any polling place, | ||||||
20 | or, at the option of a church or private school, on any of the | ||||||
21 | property of that church or private school that is a polling | ||||||
22 | place; no person shall interrupt, hinder or
oppose any voter | ||||||
23 | while approaching within those areas
for the purpose of voting. | ||||||
24 | Judges of election shall enforce the
provisions of this | ||||||
25 | Section.
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1 | (b) Election officers shall place 2 or more cones, small | ||||||
2 | United States
national flags, or some other marker a distance | ||||||
3 | of 100 horizontal feet from
each entrance to the room used by | ||||||
4 | voters to engage in voting, which shall be
known as the polling | ||||||
5 | room. If
the polling room is located within a building
that is | ||||||
6 | a private business, a public or private school, or a church or | ||||||
7 | other organization founded
for the purpose of religious worship | ||||||
8 | and the
distance of 100 horizontal feet ends within the | ||||||
9 | interior of the
building, then the markers shall be placed | ||||||
10 | outside of the
building at each entrance used by voters to | ||||||
11 | enter that
building on the grounds adjacent to the thoroughfare | ||||||
12 | or walkway. If the polling
room is located within a public or | ||||||
13 | private building with 2 or more floors and
the polling room is | ||||||
14 | located on the ground floor, then the markers shall be
placed | ||||||
15 | 100 horizontal feet from each entrance to the polling room used | ||||||
16 | by
voters to engage in voting. If the polling room is located | ||||||
17 | in a public or
private building with 2 or more floors and the | ||||||
18 | polling room is located on a
floor above or below the ground | ||||||
19 | floor,
then the markers shall be placed a distance of 100 feet | ||||||
20 | from the nearest
elevator or staircase used by voters on the | ||||||
21 | ground floor to access the floor
where the polling room is | ||||||
22 | located. The area within where the markers are placed
shall be | ||||||
23 | known as a campaign free zone, and electioneering is prohibited
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24 | pursuant to this subsection. Notwithstanding any other | ||||||
25 | provision of this Section, a church or private school may | ||||||
26 | choose to apply the campaign free zone to its entire property, |
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1 | and, if so, the markers shall be placed near the boundaries on | ||||||
2 | the grounds adjacent to the thoroughfares or walkways leading | ||||||
3 | to the entrances used by the voters.
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4 | The area on polling place property beyond the campaign free | ||||||
5 | zone, whether
publicly or privately owned, including | ||||||
6 | immediately adjacent sidewalks and parkways, is a public forum | ||||||
7 | for the time that the polls are
open on an election day. At the | ||||||
8 | request of election officers any publicly owned
building must | ||||||
9 | be made available for use as a polling place. A person shall | ||||||
10 | have
the right to congregate and engage in electioneering on | ||||||
11 | any polling place
property while the polls are open beyond the | ||||||
12 | campaign free zone, including but
not limited to, the placement | ||||||
13 | of temporary signs.
This subsection shall be construed | ||||||
14 | liberally in favor of persons engaging in
electioneering
on all | ||||||
15 | polling place property beyond the campaign free zone for the | ||||||
16 | time that
the polls are
open on an election day. At or near the | ||||||
17 | door of each polling place, the election judges shall place | ||||||
18 | signage indicating the proper entrance to the polling place. In | ||||||
19 | addition, the election judges shall ensure that a sign | ||||||
20 | identifying the location of the polling place is placed on a | ||||||
21 | nearby public roadway. The State Board of Elections shall | ||||||
22 | establish guidelines for the placement of polling place | ||||||
23 | signage.
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24 | (c) The regulation of electioneering on polling place | ||||||
25 | property on an
election
day, including but not limited to the | ||||||
26 | placement of temporary signs, is an
exclusive power and |
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1 | function of the State. A home rule unit may not regulate
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2 | electioneering and any ordinance or local law contrary to | ||||||
3 | subsection (c) is
declared void. This is a denial and | ||||||
4 | limitation of home rule powers and
functions under subsection | ||||||
5 | (h) of Section 6 of Article VII of the Illinois
Constitution.
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6 | (Source: P.A. 95-699, eff. 11-9-07.)
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7 | (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
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8 | Sec. 19-2.2. (a) During the period beginning on the 40th | ||||||
9 | day preceding
an election and continuing through the day | ||||||
10 | preceding such election, no
advertising pertaining to any | ||||||
11 | candidate or proposition to be voted upon
shall be displayed in | ||||||
12 | or within 100 feet of any room used by voters
pursuant to this | ||||||
13 | Article, or, at the option of a church or private school, on | ||||||
14 | any of the property of that church or private school that is a | ||||||
15 | polling place; nor shall any person engage in electioneering
in | ||||||
16 | or within 100 feet of any such room, or, at the option of a | ||||||
17 | church or private school, on any of the property of that church | ||||||
18 | or private school that is a polling place. Any person who | ||||||
19 | violates this
Section may be punished as for contempt of court.
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20 | (b) Election officers shall place 2 or more cones, small | ||||||
21 | United States
national flags, or some other marker a distance | ||||||
22 | of 100 horizontal feet from
each entrance to the room used by | ||||||
23 | voters to engage in voting, or, at the option of a church or | ||||||
24 | private school, on any of the property of that church or | ||||||
25 | private school that is a polling place, which shall be
known as |
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1 | the polling room. If
the polling room is located within a | ||||||
2 | building that is a private business, a public or private
| ||||||
3 | school, or a church or other organization founded for the | ||||||
4 | purpose of religious
worship and the
distance of 100 horizontal | ||||||
5 | feet ends within the interior of the
building, then the markers | ||||||
6 | shall be placed outside of the
building at each entrance used | ||||||
7 | by voters to enter that
building on the grounds adjacent to the | ||||||
8 | thoroughfare or walkway. If the polling
room is located within | ||||||
9 | a public or private building with 2 or more floors and
the | ||||||
10 | polling room is located on the ground floor, then the markers | ||||||
11 | shall be
placed 100 horizontal feet from each entrance to the | ||||||
12 | polling room used by
voters to engage in voting. If the polling | ||||||
13 | room is located in a public or
private building with 2 or more | ||||||
14 | floors and the polling room is located on a
floor above or | ||||||
15 | below the ground floor,
then the markers shall be placed a | ||||||
16 | distance of 100 feet from the nearest
elevator or staircase | ||||||
17 | used by voters on the ground floor to access the floor
where | ||||||
18 | the polling room is located. The area within where the markers | ||||||
19 | are placed
shall be known as a campaign free zone, and | ||||||
20 | electioneering is prohibited
pursuant to this subsection. | ||||||
21 | Notwithstanding any other provision of this Section, a church | ||||||
22 | or private school may choose to apply the campaign free zone to | ||||||
23 | its entire property, and, if so, the markers shall be placed | ||||||
24 | near the boundaries on the grounds adjacent to the | ||||||
25 | thoroughfares or walkways leading to the entrances used by the | ||||||
26 | voters.
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1 | The area on polling place property beyond the campaign free | ||||||
2 | zone,
whether
publicly or privately owned, including | ||||||
3 | immediately adjacent sidewalks and parkways, is a public forum | ||||||
4 | for the time that the polls are
open on an election day. At the | ||||||
5 | request of election officers any publicly owned
building must | ||||||
6 | be made available for use as a polling place. A person shall | ||||||
7 | have
the right to congregate and engage in electioneering on | ||||||
8 | any polling place
property while the polls are open beyond the | ||||||
9 | campaign free zone, including but
not limited to, the placement | ||||||
10 | of temporary signs.
This subsection shall be construed | ||||||
11 | liberally in favor of persons engaging in
electioneering
on all | ||||||
12 | polling place property beyond the campaign free zone for the | ||||||
13 | time that
the polls are
open on an election day.
| ||||||
14 | (c) The regulation of electioneering on polling place | ||||||
15 | property on an
election
day, including but not limited to the | ||||||
16 | placement of temporary signs, is an
exclusive power and | ||||||
17 | function of the State. A home rule unit may not regulate
| ||||||
18 | electioneering and any ordinance or local law contrary to | ||||||
19 | subsection (b) is
declared void. This is a denial and | ||||||
20 | limitation of home rule powers and
functions under subsection | ||||||
21 | (h) of Section 6 of Article VII of the Illinois
Constitution.
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22 | (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
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