093_HB1442eng HB1442 Engrossed LRB093 08958 JAM 09190 b 1 AN ACT concerning elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Election Code is amended by changing 5 Sections 7-41, 17-29, and 19-2.2 as follows: 6 (10 ILCS 5/7-41) (from Ch. 46, par. 7-41) 7 Sec. 7-41. (a) All officers upon whom is imposed by law 8 the duty of designating and providing polling places for 9 general elections, shall provide in each such polling place 10 so designated and provided, a sufficient number of booths for 11 such primary election, which booths shall be provided with 12 shelves, such supplies and pencils as will enable the voter 13 to prepare his ballot for voting and in which voters may 14 prepare their ballots screened from all observation as to the 15 manner in which they do so. Such booths shall be within plain 16 view of the election officers and both they and the ballot 17 boxes shall be within plain view of those within the 18 proximity of the voting booths. No person other than election 19 officers and the challengers allowed by law and those 20 admitted for the purpose of voting, as hereinafter provided, 21 shall be permitted within the proximity of the voting booths, 22 except by authority of the primary officers to keep order and 23 enforce the law. 24 (b) The number of such voting booths shall not be less 25 than one to every seventy-five voters or fraction thereof, 26 who voted at the last preceding election in the precinct or 27 election district. 28 (c) No person shall do any electioneering or soliciting 29 of votes on primary day within any polling place or within 30 one hundred feet of any polling place. Election officers 31 shall place 2 or more cones, small United States national HB1442 Engrossed -2- LRB093 08958 JAM 09190 b 1 flags, or some other marker a distance of 100 feet from the 2 entrance of the room where voting is taking place. Election 3 officers shall place these markers on the grounds adjacent to 4 the thoroughfares or walkways leading to the polling place 5 entrance. This area within the distance of 100 feet from the 6 entrance of the room where voting is taking place shall be 7 known as a campaign free zone, and electioneering is 8 prohibited pursuant to this subsection. 9 (d) A person shall have the right to congregate and 10 engage in electioneering on any polling place property, 11 including but not limited to the placement of temporary 12 signs, beyond the campaign free zone. Electioneering means 13 the right of a person to engage in political expression as 14 secured by the Constitution or laws of the United States or 15 of the State of Illinois. This subsection shall be construed 16 liberally in favor of persons engaging in electioneering on 17 all polling place property beyond the campaign free zone. 18 (e) The regulation of electioneering on polling place 19 property beyond the campaign free zone, including but not 20 limited to the placement of temporary signs, is an exclusive 21 power and function of the State. A home rule unit may not 22 regulate such electioneering. This is a denial and limitation 23 of home rule powers and functions under subsection (h) of 24 Section 6 of Article VII of the Illinois Constitution. 25 (Source: P.A. 89-653, eff. 8-14-96.) 26 (10 ILCS 5/17-29) (from Ch. 46, par. 17-29) 27 Sec. 17-29. (a) No judge of election, pollwatcher, or 28 other person shall, at any primary or election, do any 29 electioneering or soliciting of votes or engage in any 30 political discussion within any polling place or within 100 31 feet of any polling place; no person shall interrupt, hinder 32 or oppose any voter while approaching within 100 feet of any 33 polling place for the purpose of voting. Judges of election HB1442 Engrossed -3- LRB093 08958 JAM 09190 b 1 shall enforce the provisions of this Section. 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 feet from the entrance of the room where voting is 5 taking place. Election officers shall place these markers on 6 the grounds adjacent to the thoroughfares or walkways leading 7 to the polling place entrance. This area within the 8 distance of 100 feet from the entrance of the room where 9 voting is taking place shall be known as a campaign free 10 zone, and electioneering is prohibited pursuant to subsection 11 (a). 12 (c) A person shall have the right to congregate and 13 engage in electioneering on any polling place property, 14 including but not limited to the placement of temporary 15 signs, beyond the campaign free zone. Electioneering means 16 the right of a person to engage in political expression as 17 secured by the Constitution or laws of the United States or 18 of the State of Illinois. This subsection shall be construed 19 liberally in favor of persons engaging in electioneering on 20 all polling place property beyond the campaign free zone. 21 (d) The regulation of electioneering on polling place 22 property beyond the campaign free zone, including but not 23 limited to the placement of temporary signs, is an exclusive 24 power and function of the State. A home rule unit may not 25 regulate such electioneering. This is a denial and limitation 26 of home rule powers and functions under subsection (h) of 27 Section 6 of Article VII of the Illinois Constitution. 28 (Source: P.A. 80-1090.) 29 (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2) 30 Sec. 19-2.2. (a) During the period beginning on the 40th 31 day preceding an election and continuing through the day 32 preceding such election, no advertising pertaining to any 33 candidate or proposition to be voted upon shall be displayed HB1442 Engrossed -4- LRB093 08958 JAM 09190 b 1 in or within 100 feet of any room used by voters pursuant to 2 this Article; nor shall any person engage in electioneering 3 in or within 100 feet of any such room. Any person who 4 violates this Section may be punished as for contempt of 5 court. 6 (b) Election officers shall place 2 or more cones, small 7 United States national flags, or some other marker a distance 8 of 100 feet from the entrance of the room where voting is 9 taking place. Election officers shall place these markers on 10 the grounds adjacent to the thoroughfares or walkways leading 11 to the polling place entrance. This area within the 12 distance of 100 feet from the entrance of the room where 13 voting is taking place shall be known as a campaign free 14 zone, and electioneering is prohibited pursuant to subsection 15 (a). 16 (c) A person shall have the right to congregate and 17 engage in electioneering on any polling place property, 18 including but not limited to the placement of temporary 19 signs, beyond the campaign free zone. Electioneering means 20 the right of a person to engage in political expression as 21 secured by the Constitution or laws of the United States or 22 of the State of Illinois. This subsection shall be construed 23 liberally in favor of persons engaging in electioneering on 24 all polling place property beyond the campaign free zone. 25 (d) The regulation of electioneering on polling place 26 property beyond the campaign free zone, including but not 27 limited to the placement of temporary signs, is an exclusive 28 power and function of the State. A home rule unit may not 29 regulate such electioneering. This is a denial and limitation 30 of home rule powers and functions under subsection (h) of 31 Section 6 of Article VII of the Illinois Constitution. 32 (Source: P.A. 80-1281; 80-1469; 80-1494.) 33 Section 10. The School Code is amended by changing HB1442 Engrossed -5- LRB093 08958 JAM 09190 b 1 Section 22-21 as follows: 2 (105 ILCS 5/22-21) (from Ch. 122, par. 22-21) 3 Sec. 22-21. Elections-Use of school buildings. 4 (a) Every school board shall offer to the appropriate 5 officer or board having responsibility for providing polling 6 places for elections the use of any and all buildings under 7 its jurisdiction for any and all elections to be held, if so 8 requested by such appropriate officer or board. 9 (b) Election officers shall place 2 or more cones, small 10 United States national flags, or some other marker a distance 11 of 100 feet from the entrance of the room where voting is 12 taking place. Election officers shall place these markers on 13 the grounds adjacent to the thoroughfares or walkways leading 14 to the polling place entrance. This area within the 15 distance of 100 feet from the entrance of the room where 16 voting is taking place shall be known as a campaign free 17 zone, and electioneering is prohibited pursuant to the 18 Election Code. 19 (c) Notwithstanding any provision of this Code to the 20 contrary, a person shall have the right to congregate and 21 engage in electioneering on any polling place property, 22 including but not limited to the placement of temporary 23 signs, beyond the campaign free zone. Electioneering means 24 the right of a person to engage in political expression as 25 secured by the Constitution or laws of the United States or 26 of the State of Illinois. This subsection shall be construed 27 liberally in favor of persons engaging in electioneering on 28 all polling place property beyond the campaign free zone. 29 (Source: Laws 1965, p. 2477.). 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.