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Full Text of HB4919
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HB4919 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4919
Introduced , by Rep. Justin Cochran
SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-41
from Ch. 46, par. 7-41
Amends the Election Code. Provides that the campaign free zone at any
polling place located within any forest preserve district or conservation
district shall extend 100 horizontal feet from each entrance to the room
used by voters to engage in voting and shall also extend 500 horizontal
feet from each entrance to the room used by voters to engage in voting to
the boundaries of the district.
LRB104 20408 SPS 33870 b
A BILL FOR
HB4919
LRB104 20408 SPS 33870 b
1
AN ACT concerning elections.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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Section 5.
The Election Code is amended by changing
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Section 7-41 as follows:
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(10 ILCS 5/7-41)
(from Ch. 46, par. 7-41)
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Sec. 7-41.
(a) All officers upon whom is imposed by law the
8
duty of designating and providing polling places for general
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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
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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
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the election officers and both they and the ballot boxes shall
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be within plain view of those within the proximity of the
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voting booths. No person other than election officers and the
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challengers allowed by law and those admitted for the purpose
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of voting, as hereinafter provided, shall be permitted within
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the proximity of the voting booths, except by authority of the
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primary officers to keep order and enforce the law.
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(b) The number of such voting booths shall not be less than
HB4919
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LRB104 20408 SPS 33870 b
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one to every seventy-five voters or fraction thereof, who
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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 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
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from each entrance to the room used by voters to engage in
12
voting, which shall be known as the polling room. If the
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polling room is located within a building that is a private
14
business, a public or private school, or a church or other
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organization founded for the purpose of religious worship and
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the distance of 100 horizontal feet ends within the interior
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of the building, then the markers shall be placed outside of
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the building at each entrance used by voters to enter that
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building on the grounds adjacent to the thoroughfare or
20
walkway. If the polling room is located within a public or
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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
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located in a public or private building with 2 or more floors
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and the polling room is located on a floor above or below the
HB4919
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LRB104 20408 SPS 33870 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
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on the ground floor to access the floor where the polling room
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is located. The area within where the markers are placed shall
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be known as a campaign free zone, and electioneering is
6
prohibited pursuant to this subsection. Notwithstanding any
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other provision of this Section, a church or private school
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may choose to apply the campaign free zone to its entire
9
property, and, if so, the markers shall be placed near the
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boundaries on the grounds adjacent to the thoroughfares or
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walkways leading to the entrances used by the voters. At or
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near the door of each polling place, the election judges shall
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place signage indicating the proper entrance to the polling
14
place. In addition, the election judges shall ensure that a
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sign identifying the location of the polling place is placed
16
on a nearby public roadway.
Notwithstanding any other
17
provision of this Section, the campaign free zone at any
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polling place located within any forest preserve district or
19
conservation district shall extend 100 horizontal feet from
20
each entrance to the room used by voters to engage in voting
21
and shall also extend 500 horizontal feet from each entrance
22
to the room used by voters to engage in voting to the
23
boundaries of the district, except that the campaign free zone
24
shall not include any private property located within the
25
boundaries of the forest preserve district or conservation
26
district.
The State Board of Elections shall establish
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LRB104 20408 SPS 33870 b
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guidelines for the placement of polling place signage.
2
The area on polling place property beyond the campaign
3
free zone, whether publicly or privately owned, is a public
4
forum for the time that the polls are open on an election day.
5
At the request of election officers any publicly owned
6
building must be made available for use as a polling place. A
7
person shall have the right to congregate and engage in
8
electioneering on any polling place property while the polls
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are open beyond the campaign free zone, including but not
10
limited to, the placement of temporary signs. This subsection
11
shall be construed liberally in favor of persons engaging in
12
electioneering on all polling place property beyond the
13
campaign free zone for the time that the polls are open on an
14
election day.
15
(d) The regulation of electioneering on polling place
16
property on an election day, including but not limited to the
17
placement of temporary signs, is an exclusive power and
18
function of the State. A home rule unit may not regulate
19
electioneering and any ordinance or local law contrary to
20
subsection (c) is declared void. This is a denial and
21
limitation of home rule powers and functions under subsection
22
(h) of Section 6 of Article VII of the Illinois Constitution.
23
(Source: P.A. 95-699, eff. 11-9-07.)
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