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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 Section | |||||||||||||||||||||
5 | 11-4.1 as follows:
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6 | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
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7 | Sec. 11-4.1. (a) In appointing polling places under this | |||||||||||||||||||||
8 | Article, the
county board or board of election commissioners | |||||||||||||||||||||
9 | shall, insofar as they are
convenient and available, use | |||||||||||||||||||||
10 | schools and other public buildings as polling
places.
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11 | (b) Upon request of the county board or board of election | |||||||||||||||||||||
12 | commissioners,
the proper agency of government (including | |||||||||||||||||||||
13 | school districts and units of
local government) shall make a | |||||||||||||||||||||
14 | public building under its control available
for use as a | |||||||||||||||||||||
15 | polling place on an election day and for a reasonably
necessary | |||||||||||||||||||||
16 | time before and after election day, without charge , unless such | |||||||||||||||||||||
17 | use is impossible or inconvenient as determined by a vote of | |||||||||||||||||||||
18 | the school board controlling the school building .
If the county | |||||||||||||||||||||
19 | board or board of election commissioners chooses a school
to be | |||||||||||||||||||||
20 | a polling place, then the school district must make the school
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21 | available for use as a polling place.
However, for the day of | |||||||||||||||||||||
22 | the election, a school district is encouraged to (i) close the | |||||||||||||||||||||
23 | school or (ii) hold a teachers institute on that day with |
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1 | students not in attendance.
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2 | (c) A government agency which makes a public building under | ||||||
3 | its
control available for use as a polling place shall (i) | ||||||
4 | ensure the portion of
the building to be used as the polling | ||||||
5 | place is accessible to voters with disabilities
and elderly | ||||||
6 | voters and (ii) allow the election authority to administer the | ||||||
7 | election as authorized under this Code.
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8 | (d) If a qualified elector's precinct polling place is a | ||||||
9 | school and the elector will be unable to enter that polling | ||||||
10 | place without violating Section 11-9.3 of the Criminal Code of | ||||||
11 | 2012 because the elector is a child sex offender as defined in | ||||||
12 | Section 11-9.3 of the Criminal Code of 2012, that elector may | ||||||
13 | vote by a vote by mail ballot in accordance with Article 19 of | ||||||
14 | this Code or may vote early in accordance with Article 19A of | ||||||
15 | this Code. | ||||||
16 | (Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15; | ||||||
17 | 99-143, eff. 7-27-15.)
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18 | Section 10. The School Code is amended by changing Section | ||||||
19 | 22-21 as follows:
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20 | (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
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21 | Sec. 22-21. Elections-Use of school buildings.
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22 | (a) Every school board may shall offer to the appropriate | ||||||
23 | officer or board
having responsibility for providing polling | ||||||
24 | places for elections the use of
any and all buildings under its |
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1 | jurisdiction for any and all elections to
be held, if so | ||||||
2 | requested by such appropriate officer or board.
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3 | (b) Election officers shall place 2 or more cones, small | ||||||
4 | United States
national flags, or some other marker a distance | ||||||
5 | of 100 horizontal feet from
each entrance to the room used by | ||||||
6 | voters to engage in voting, which shall be
known as the polling | ||||||
7 | room. If
the polling room is located within a building that is | ||||||
8 | a public or private
school
and the
distance of 100 horizontal | ||||||
9 | feet ends within the interior of the
building, then the markers | ||||||
10 | shall be placed outside of the
building at each entrance used | ||||||
11 | by voters to enter that
building on the grounds adjacent to the | ||||||
12 | thoroughfare or walkway. If the polling
room is located within | ||||||
13 | a public or private school building with 2 or more
floors and
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14 | the polling room is located on the ground floor, then the | ||||||
15 | markers shall be
placed 100 horizontal feet from each entrance | ||||||
16 | to the polling room used by
voters to engage in voting. If the | ||||||
17 | polling room is located in a public or
private school building | ||||||
18 | with 2 or more floors and the polling room is located
on a
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19 | floor above or below the ground floor,
then the markers shall | ||||||
20 | be placed a distance of 100 feet from the nearest
elevator or | ||||||
21 | staircase used by voters on the ground floor to access the | ||||||
22 | floor
where the polling room is located. The area within where | ||||||
23 | the markers are placed
shall be known as a campaign free zone, | ||||||
24 | and electioneering is prohibited
pursuant to this subsection.
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25 | Notwithstanding any other provision of this Code, the area | ||||||
26 | on polling place
property beyond the campaign free zone,
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1 | whether
publicly or privately owned, is a public forum for the | ||||||
2 | time that the polls are
open on an election day. At the request | ||||||
3 | of election officers any publicly owned
building must be made | ||||||
4 | available for use as a polling place. A person shall have
the | ||||||
5 | right to congregate and engage in electioneering on any polling | ||||||
6 | place
property while the polls are open beyond the campaign | ||||||
7 | free zone, including but
not limited to, the placement of | ||||||
8 | temporary signs.
This subsection shall be construed liberally | ||||||
9 | in favor of persons engaging in
electioneering
on all polling | ||||||
10 | place property beyond the campaign free zone for the time that
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11 | the polls are open on an election day.
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12 | (Source: P.A. 93-574, eff. 8-21-03.)
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