Full Text of SB1276 95th General Assembly
SB1276sam001 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 3/8/2007
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| AMENDMENT TO SENATE BILL 1276
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| AMENDMENT NO. ______. Amend Senate Bill 1276 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 7-41, 10-3, 10-6, 17-29, and 19-2.2 as follows:
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| (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
| 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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| 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.
| 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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| (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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| 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
| 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
| 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.
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| The area on polling place property beyond the campaign free | 20 |
| zone, whether
publicly or privately owned, is a public forum | 21 |
| for the time that the polls are
open on an election day. At the | 22 |
| request of election officers any publicly owned
building must | 23 |
| be made available for use as a polling place. A person shall | 24 |
| have
the right to congregate and engage in electioneering on | 25 |
| any polling place
property while the polls are open beyond the | 26 |
| campaign free zone, including but
not limited to, the placement |
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| of temporary signs.
This subsection shall be construed | 2 |
| liberally in favor of persons engaging in
electioneering
on all | 3 |
| polling place property beyond the campaign free zone for the | 4 |
| time that
the polls are
open on an election day.
| 5 |
| (d) 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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| (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
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| (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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| Sec. 10-3. Nomination of independent candidates (not | 16 |
| candidates of
any political party), for any office to be filled | 17 |
| by the voters of the
State at large may also be made by | 18 |
| nomination papers signed in the
aggregate for each candidate by | 19 |
| 1% of the number of voters who voted in
the next preceding | 20 |
| Statewide general election or 25,000 qualified voters
of the | 21 |
| State, whichever is less. Nominations of independent | 22 |
| candidates
for public office within any district or political | 23 |
| subdivision less than
the State, may be made by nomination | 24 |
| papers signed in the aggregate for
each candidate by qualified | 25 |
| voters of such district, or political
subdivision, equaling not |
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| less than 5%, nor more than 8% (or 50 more
than the minimum, | 2 |
| whichever is greater) of the number of persons, who
voted at | 3 |
| the next preceding regular election in such district or
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| political subdivision in which such district or political | 5 |
| subdivision
voted as a unit for the election of officers to | 6 |
| serve its respective
territorial area , except that independent | 7 |
| candidates for the General
Assembly shall require not less than | 8 |
| 10%, nor more than 16% of the
number of persons who voted at | 9 |
| the next preceding general election in
such district or | 10 |
| political subdivision in which such district or
political | 11 |
| subdivision voted as a unit for the election of officers to
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| serve its respective territorial area . However, whenever the | 13 |
| minimum
signature requirement for an independent candidate | 14 |
| petition for a
district or political subdivision office shall | 15 |
| exceed the minimum number
of signatures for an independent | 16 |
| candidate petition for an office to be
filled by the voters of | 17 |
| the State at large at the next preceding
State-wide general | 18 |
| election, such State-wide petition signature
requirement shall | 19 |
| be the minimum for an independent candidate petition
for such | 20 |
| district or political subdivision office. For the first
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| election following a redistricting of congressional districts,
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| nomination papers for an independent candidate for congressman | 23 |
| shall be
signed by at least 5,000 qualified voters of the | 24 |
| congressional district.
For the first election following a | 25 |
| redistricting of legislative
districts, nomination papers for | 26 |
| an independent candidate for State
Senator in the General |
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| Assembly shall be signed by at
least 3,000 qualified voters of | 2 |
| the legislative district. For the first
election following a | 3 |
| redistricting of representative districts, nomination
papers | 4 |
| for an independent candidate for State Representative in the | 5 |
| General
Assembly shall be signed by at least 1,500 qualified | 6 |
| voters of the
representative district. For the first election | 7 |
| following redistricting of
county board districts, or of | 8 |
| municipal wards or districts, or for the
first election | 9 |
| following the initial establishment of such districts or
wards | 10 |
| in a county or municipality, nomination papers
for an | 11 |
| independent candidate for county board member, or for alderman | 12 |
| or
trustee of such municipality, shall be signed by qualified | 13 |
| voters of the
district or ward equal to not less than 5% nor | 14 |
| more than 8% (or 50 more
than the minimum, whichever is | 15 |
| greater) of the total number of votes cast
at the preceding | 16 |
| general or general municipal election, as the case
may be, for | 17 |
| the county or municipal office voted on throughout such county
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| or municipality for which the greatest total number of votes | 19 |
| were cast for
all candidates, divided by the number of | 20 |
| districts or wards, but in any
event not less than 25 qualified | 21 |
| voters of the district or ward. Each voter
signing a nomination | 22 |
| paper shall add to his signature his place of
residence, and | 23 |
| each voter may subscribe to one nomination for such
office to | 24 |
| be filled, and no more: Provided that the name of any
candidate | 25 |
| whose name may appear in any other place upon the ballot shall
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| not be so added by petition for the same office.
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| The person circulating the petition, or the candidate on | 2 |
| whose behalf
the petition is circulated, may strike any | 3 |
| signature from the petition,
provided that;
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| (1) the person striking the signature shall initial the | 5 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a | 7 |
| certification
listing the page number and line number of | 8 |
| each signature struck from
the petition. Such | 9 |
| certification shall be filed as a part of the
petition.
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| (3) the persons striking signatures from the petition | 11 |
| shall each
sign an additional certificate specifying the | 12 |
| number of certification
pages listing stricken signatures | 13 |
| which are attached to the petition and
the page numbers | 14 |
| indicated on such certifications. The certificate
shall be | 15 |
| filed as a part of the petition, shall be numbered, and | 16 |
| shall
be attached immediately following the last page of | 17 |
| voters' signatures
and before the certifications of | 18 |
| stricken signatures.
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| (4) all of the foregoing requirements shall be | 20 |
| necessary to effect a
valid striking of any signature. The | 21 |
| provisions of this Section
authorizing the striking of | 22 |
| signatures shall not impose any criminal
liability on any | 23 |
| person so authorized for signatures which may be
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| fraudulent.
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| In the case of the offices of Governor and Lieutenant | 26 |
| Governor a
joint petition including one candidate for each of |
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| those offices must be
filed.
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| Every petition for nomination of an independent candidate | 3 |
| for any
office for which candidates of established political | 4 |
| parties are
nominated at the general primary shall be filed | 5 |
| within
the time designated in Section 7-12 of this Act in | 6 |
| regard to nomination at
the general primary of any other | 7 |
| candidate for such office.
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| A candidate for whom a nomination paper has been filed as a | 9 |
| partisan
candidate at a primary election, and who is defeated | 10 |
| for his or her
nomination at the primary election, is | 11 |
| ineligible to be placed on the
ballot as an independent | 12 |
| candidate for election in that general or
consolidated | 13 |
| election.
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| A candidate seeking election to an office for which | 15 |
| candidates of
political parties are nominated by caucus who is | 16 |
| a participant in the
caucus and who is defeated for his or
her | 17 |
| nomination at such caucus, is ineligible to be listed on the | 18 |
| ballot at
that general or consolidated election as an | 19 |
| independent candidate.
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| (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
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| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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| Sec. 10-6. Time and manner of filing. Certificates
Except | 23 |
| as provided in Section
10-3, certificates of
nomination and | 24 |
| nomination papers for the nomination of candidates for
offices | 25 |
| to be filled by electors of the entire State, or any district
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| not entirely within a county, or for congressional, state | 2 |
| legislative or
judicial offices, shall be presented to the | 3 |
| principal office of the
State Board of Elections not more than | 4 |
| 141 nor less than 134
days previous
to the day of election for | 5 |
| which the candidates are nominated. The
State Board of | 6 |
| Elections shall endorse the certificates of nomination or
| 7 |
| nomination papers, as the case may be, and the date and hour of
| 8 |
| presentment to it. Except as otherwise provided in this | 9 |
| section, all
other certificates for the nomination of | 10 |
| candidates shall be filed with
the county clerk of the | 11 |
| respective counties not more than 141 but at
least 134 days | 12 |
| previous to the day of such election. Certificates
of
| 13 |
| nomination and nomination papers for the nomination of | 14 |
| candidates for
the offices of political subdivisions to be | 15 |
| filled at regular elections
other than the general election | 16 |
| shall be filed with the local election
official of such | 17 |
| subdivision:
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| (1) (Blank);
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| (2) not more than 78 nor less than 71 days prior to the
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| consolidated
election; or
| 21 |
| (3) not more than 78 nor less than 71 days prior to the | 22 |
| general
primary in the case of municipal offices to be | 23 |
| filled at the general
primary election; or
| 24 |
| (4) not more than 78 nor less than 71 days before the
| 25 |
| consolidated
primary in the case of municipal offices to be | 26 |
| elected on a nonpartisan
basis pursuant to law (including |
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| without limitation, those municipal
offices subject to | 2 |
| Articles 4 and 5 of the Municipal Code); or
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| (5) not more than 78 nor less than 71 days before the | 4 |
| municipal
primary in even numbered years for such | 5 |
| nonpartisan municipal offices
where annual elections are | 6 |
| provided; or
| 7 |
| (6) in the case of petitions for the office of | 8 |
| multi-township assessor,
such petitions shall be filed | 9 |
| with the election authority not more than
78 nor less than | 10 |
| 71 days before the consolidated election.
| 11 |
| However, where a political subdivision's boundaries are | 12 |
| co-extensive
with or are entirely within the jurisdiction of a | 13 |
| municipal board of
election commissioners, the certificates of | 14 |
| nomination and nomination
papers for candidates for such | 15 |
| political subdivision offices shall be filed
in the office of | 16 |
| such Board.
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| (Source: P.A. 90-358, eff. 1-1-98; 91-317, eff. 7-29-99.)
| 18 |
| (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
| 19 |
| Sec. 17-29. (a) No judge of election, pollwatcher, or other | 20 |
| person shall,
at any primary or election, do any electioneering | 21 |
| or soliciting of votes
or engage in any political discussion | 22 |
| within any polling place, within
100 feet of any polling place , | 23 |
| or, at the option of a church or private school, on any of the | 24 |
| property of that church or private school that is a polling | 25 |
| place ; no person shall interrupt, hinder or
oppose any voter |
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| while approaching within those areas
for the purpose of voting. | 2 |
| Judges of election shall enforce the
provisions of this | 3 |
| Section.
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| (b) Election officers shall place 2 or more cones, small | 5 |
| United States
national flags, or some other marker a distance | 6 |
| of 100 horizontal feet from
each entrance to the room used by | 7 |
| voters to engage in voting, which shall be
known as the polling | 8 |
| room. If
the polling room is located within a building
that is | 9 |
| a private business, a public or private school, or a church or | 10 |
| other organization founded
for the purpose of religious worship | 11 |
| and the
distance of 100 horizontal feet ends within the | 12 |
| interior of the
building, then the markers shall be placed | 13 |
| outside of the
building at each entrance used by voters to | 14 |
| enter that
building on the grounds adjacent to the thoroughfare | 15 |
| or walkway. If the polling
room is located within a public or | 16 |
| private building with 2 or more floors and
the polling room is | 17 |
| located on the ground floor, then the markers shall be
placed | 18 |
| 100 horizontal feet from each entrance to the polling room used | 19 |
| by
voters to engage in voting. If the polling room is located | 20 |
| in a public or
private building with 2 or more floors and the | 21 |
| polling room is located on a
floor above or below the ground | 22 |
| floor,
then the markers shall be placed a distance of 100 feet | 23 |
| from the nearest
elevator or staircase used by voters on the | 24 |
| ground floor to access the floor
where the polling room is | 25 |
| located. The area within where the markers are placed
shall be | 26 |
| known as a campaign free zone, and electioneering is prohibited
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| pursuant to this subsection. Notwithstanding any other | 2 |
| provision of this Section, a church or private school may | 3 |
| choose to apply the campaign free zone to its entire property, | 4 |
| and, if so, the markers shall be placed near the boundaries on | 5 |
| the grounds adjacent to the thoroughfares or walkways leading | 6 |
| to the entrances used by the voters.
| 7 |
| The area on polling place property beyond the campaign free | 8 |
| zone, whether
publicly or privately owned, is a public forum | 9 |
| for the time that the polls are
open on an election day. At the | 10 |
| request of election officers any publicly owned
building must | 11 |
| be made available for use as a polling place. A person shall | 12 |
| have
the right to congregate and engage in electioneering on | 13 |
| any polling place
property while the polls are open beyond the | 14 |
| campaign free zone, including but
not limited to, the placement | 15 |
| of temporary signs.
This subsection shall be construed | 16 |
| liberally in favor of persons engaging in
electioneering
on all | 17 |
| polling place property beyond the campaign free zone for the | 18 |
| time that
the polls are
open on an election day.
| 19 |
| (c) The regulation of electioneering on polling place | 20 |
| property on an
election
day, including but not limited to the | 21 |
| placement of temporary signs, is an
exclusive power and | 22 |
| function of the State. A home rule unit may not regulate
| 23 |
| electioneering and any ordinance or local law contrary to | 24 |
| subsection (c) is
declared void. This is a denial and | 25 |
| limitation of home rule powers and
functions under subsection | 26 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
|
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| (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
| 2 |
| (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
| 3 |
| Sec. 19-2.2. (a) During the period beginning on the 40th | 4 |
| day preceding
an election and continuing through the day | 5 |
| preceding such election, no
advertising pertaining to any | 6 |
| candidate or proposition to be voted upon
shall be displayed in | 7 |
| or within 100 feet of any room used by voters
pursuant to this | 8 |
| Article , or, at the option of a church or private school, on | 9 |
| any of the property of that church or private school that is a | 10 |
| polling place ; nor shall any person engage in electioneering
in | 11 |
| or within 100 feet of any such room , or, at the option of a | 12 |
| church or private school, on any of the property of that church | 13 |
| or private school that is a polling place . Any person who | 14 |
| violates this
Section may be punished as for contempt of court.
| 15 |
| (b) Election officers shall place 2 or more cones, small | 16 |
| United States
national flags, or some other marker a distance | 17 |
| of 100 horizontal feet from
each entrance to the room used by | 18 |
| voters to engage in voting , or, at the option of a church or | 19 |
| private school, on any of the property of that church or | 20 |
| private school that is a polling place , which shall be
known as | 21 |
| the polling room. If
the polling room is located within a | 22 |
| building that is a private business, a public or private
| 23 |
| school, or a church or other organization founded for the | 24 |
| purpose of religious
worship and the
distance of 100 horizontal | 25 |
| feet ends within the interior of the
building, then the markers |
|
|
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| 1 |
| shall be placed outside of the
building at each entrance used | 2 |
| by voters to enter that
building on the grounds adjacent to the | 3 |
| thoroughfare or walkway. If the polling
room is located within | 4 |
| a public or private building with 2 or more floors and
the | 5 |
| polling room is located on the ground floor, then the markers | 6 |
| shall be
placed 100 horizontal feet from each entrance to the | 7 |
| polling room used by
voters to engage in voting. If the polling | 8 |
| room is located in a public or
private building with 2 or more | 9 |
| floors and the polling room is located on a
floor above or | 10 |
| below the ground floor,
then the markers shall be placed a | 11 |
| distance of 100 feet from the nearest
elevator or staircase | 12 |
| used by voters on the ground floor to access the floor
where | 13 |
| the polling room is located. The area within where the markers | 14 |
| are placed
shall be known as a campaign free zone, and | 15 |
| electioneering is prohibited
pursuant to this subsection. | 16 |
| Notwithstanding any other provision of this Section, a church | 17 |
| or private school may choose to apply the campaign free zone to | 18 |
| its entire property, and, if so, the markers shall be placed | 19 |
| near the boundaries on the grounds adjacent to the | 20 |
| thoroughfares or walkways leading to the entrances used by the | 21 |
| voters.
| 22 |
| The area on polling place property beyond the campaign free | 23 |
| zone,
whether
publicly or privately owned, is a public forum | 24 |
| for the time that the polls are
open on an election day. At the | 25 |
| request of election officers any publicly owned
building must | 26 |
| be made available for use as a polling place. A person shall |
|
|
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|
| 1 |
| have
the right to congregate and engage in electioneering on | 2 |
| any polling place
property while the polls are open beyond the | 3 |
| campaign free zone, including but
not limited to, the placement | 4 |
| of temporary signs.
This subsection shall be construed | 5 |
| liberally in favor of persons engaging in
electioneering
on all | 6 |
| polling place property beyond the campaign free zone for the | 7 |
| time that
the polls are
open on an election day.
| 8 |
| (c) The regulation of electioneering on polling place | 9 |
| property on an
election
day, including but not limited to the | 10 |
| placement of temporary signs, is an
exclusive power and | 11 |
| function of the State. A home rule unit may not regulate
| 12 |
| electioneering and any ordinance or local law contrary to | 13 |
| subsection (b) is
declared void. This is a denial and | 14 |
| limitation of home rule powers and
functions under subsection | 15 |
| (h) of Section 6 of Article VII of the Illinois
Constitution.
| 16 |
| (Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)".
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