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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1716

Introduced 1/28/2025, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-41

from Ch. 46, par. 7-41
10 ILCS 5/17-29

from Ch. 46, par. 17-29

Amends the Election Code. In provisions concerning electioneering or
soliciting of votes within any polling place, removes a provision allowing
a church or private school to prohibit electioneering on any of the
property of that church or private school.
LRB104 08279 SPS 18330 b

A BILL FOR

HB1716
LRB104 08279 SPS 18330 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 and 17-29 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 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
11
such primary election, which booths shall be provided with
12
shelves, such supplies and pencils as will enable the voter to
13
prepare his ballot for voting and in which voters may prepare
14
their ballots screened from all observation as to the manner
15
in which they do so. Such booths shall be within plain view of
16
the election officers and both they and the ballot boxes shall
17
be within plain view of those within the proximity of the
18
voting 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.
23

(b) The number of such voting booths shall not be less than

HB1716
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LRB104 08279 SPS 18330 b
1
one to every seventy-five voters or fraction thereof, who
2
voted at the last preceding election in the precinct or
3
election district.
4

(c) No person shall do any electioneering or soliciting of
5
votes on primary day within any polling place or within
100

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
17
of the building, then the markers shall be placed outside of
18
the building at each entrance used by voters to enter that
19
building on the grounds adjacent to the thoroughfare or
20
walkway. If the polling room is located within a public or
21
private building with 2 or more floors and the polling room is
22
located on the ground floor, then the markers shall be placed
23
100 horizontal feet from each entrance to the polling room
24
used by voters to engage in voting. If the polling room is
25
located in a public or private building with 2 or more floors
26
and the polling room is located on a floor above or below the

HB1716
- 3 -
LRB104 08279 SPS 18330 b
1
ground floor, then the markers shall be placed a distance of
2
100 feet from the nearest elevator or staircase used by voters
3
on the ground floor to access the floor where the polling room
4
is located. The area within where the markers are placed shall
5
be known as a campaign free zone, and electioneering is
6
prohibited pursuant to this subsection.
Notwithstanding any
7
other provision of this Section, a church or private school
8
may choose to apply the campaign free zone to its entire
9
property, and, if so, the markers shall be placed near the
10
boundaries on the grounds adjacent to the thoroughfares or
11
walkways leading to the entrances used by the voters.
At or
12
near the door of each polling place, the election judges shall
13
place signage indicating the proper entrance to the polling
14
place. In addition, the election judges shall ensure that a
15
sign identifying the location of the polling place is placed
16
on a nearby public roadway. The State Board of Elections shall
17
establish guidelines for the placement of polling place
18
signage.
19

The area on polling place property beyond the campaign
20
free zone, whether publicly or privately owned, is a public
21
forum for the time that the polls are open on an election day.
22
At the request of election officers any publicly owned
23
building must be made available for use as a polling place. A
24
person shall have the right to congregate and engage in
25
electioneering on any polling place property while the polls
26
are open beyond the campaign free zone, including but not

HB1716
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LRB104 08279 SPS 18330 b
1
limited to, the placement of temporary signs. This subsection
2
shall be construed liberally in favor of persons engaging in
3
electioneering on all polling place property beyond the
4
campaign free zone for the time that the polls are open on an
5
election day.
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
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.
14
(Source: P.A. 95-699, eff. 11-9-07.)

15

(10 ILCS 5/17-29)

(from Ch. 46, par. 17-29)
16

Sec. 17-29.
(a) No judge of election, pollwatcher, or
17
other person shall, at any primary or election, do any
18
electioneering or soliciting of votes or engage in any
19
political discussion within any polling place, within 100 feet
20
of any polling place
, or, at the option of a church or private
21
school, on any of the property of that church or private school
22
that is a polling place
; no person shall interrupt, hinder or
23
oppose any voter while approaching within those areas for the
24
purpose of voting. Judges of election shall enforce the
25
provisions of this Section.

HB1716
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LRB104 08279 SPS 18330 b
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
8
worship and the distance of 100 horizontal feet ends within
9
the 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
12
thoroughfare or walkway. If the polling room is located within
13
a public or private building with 2 or more floors and the
14
polling room is located on the ground floor, then the markers
15
shall be placed 100 horizontal feet from each entrance to the
16
polling room used by voters to engage in voting. If the polling
17
room is located in a public or private building with 2 or more
18
floors and the polling room is located on a floor above or
19
below the ground floor, then the markers shall be placed a
20
distance of 100 feet from the nearest elevator or staircase
21
used by voters on the ground floor to access the floor where
22
the polling room is located. The area within where the markers
23
are placed shall be known as a campaign free zone, and
24
electioneering is prohibited pursuant to this subsection.
25
Notwithstanding any other provision of this Section, a church
26
or private school may choose to apply the campaign free zone to

HB1716
- 6 -
LRB104 08279 SPS 18330 b
1
its entire property, and, if so, the markers shall be placed
2
near the boundaries on the grounds adjacent to the
3
thoroughfares or walkways leading to the entrances used by the
4
voters.
If an election authority maintains a website, no later
5
than 5 days before election day, each election authority shall
6
post on its website the name and address of every polling place
7
designated as a campaign free zone. This information shall be
8
immediately provided to any person upon request, and a
9
requester shall not be required to submit a request under the
10
Freedom of Information Act.
11

The area on polling place property beyond the campaign
12
free zone, whether publicly or privately owned, is a public
13
forum for the time that the polls are open on an election day.
14
At the request of election officers any publicly owned
15
building must be made available for use as a polling place. A
16
person shall have the right to congregate and engage in
17
electioneering on any polling place property while the polls
18
are open beyond the campaign free zone, including but not
19
limited to, the placement of temporary signs. This subsection
20
shall be construed liberally in favor of persons engaging in
21
electioneering on all polling place property beyond the
22
campaign free zone for the time that the polls are open on an
23
election day. At or near the door of each polling place, the
24
election judges shall place signage indicating the proper
25
entrance to the polling place. In addition, the election
26
judges shall ensure that a sign identifying the location of

HB1716
- 7 -
LRB104 08279 SPS 18330 b
1
the polling place is placed on a nearby public roadway. The
2
State Board of Elections shall establish guidelines for the
3
placement of polling place signage.
4

(c) The regulation of electioneering on polling place
5
property on an election day, including but not limited to the
6
placement of temporary signs, is an exclusive power and
7
function of the State. A home rule unit may not regulate
8
electioneering and any ordinance or local law contrary to
9
subsection (c) is declared void. This is a denial and
10
limitation of home rule powers and functions under subsection
11
(h) of Section 6 of Article VII of the Illinois Constitution.
12
(Source: P.A. 98-1171, eff. 6-1-15
.)

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