ELEC CD-ELECTION SAFE ZONES

Illinois General Assembly - Full Text of HB5219

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5219

Introduced 2/10/2026, by Rep. Edgar González, Jr.

SYNOPSIS AS INTRODUCED:

10 ILCS 5/17-29.5 new

Provides that the amendatory Act may be referred to as the Safe Voting
Act. Amends the Election Code. Provides that a person who, in good faith,
attends a polling place, ballot drop box, or election authority for the
purpose of casting a vote, including early voting, or submitting a vote by
mail ballot, and is legally qualified under the laws of this State to cast
the vote or submit the ballot, is privileged from civil arrest while going
to, remaining at, and returning from the polling place, ballot drop box, or
election authority. Sets forth provisions concerning civil damages and
limitation of the provision.
LRB104 20233 SPS 33684 b

A BILL FOR

HB5219
LRB104 20233 SPS 33684 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 1.
This Act may be referred to as the Safe Voting
5
Act.

6

Section 5.
The Election Code is amended by adding Section
7
17-29.5 as follows:

8

(10 ILCS 5/17-29.5 new)
9

Sec. 17-29.5.
Election safe zones.
10

(a) As used in this Section:
11

"Arrest" means the taking of an individual into custody by
12
a law enforcement agency or by a law enforcement officer.
13

"Civil arrest" means an arrest that is not:
14

(1) a criminal arrest for an alleged violation of any
15

federal, State, or local criminal law;
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(2) an arrest for any violation of any condition of
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probation, parole, pretrial release, supervised release,
18

or mandatory supervised release for which arrest is
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otherwise authorized by law; or
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(3) an arrest supported by a judicial warrant or
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judicial order authorizing the arrest.
22

For the purpose of this definition, a judicial warrant or

HB5219
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LRB104 20233 SPS 33684 b
1
judicial order authorizing the arrest is a written order from
2
a State court or federal Article III court that directs a law
3
enforcement agency, or a specifically named person, to arrest
4
a person.
5

"Law enforcement agency" means any entity with statutory
6
police powers and the authority to employ individuals
7
authorized to make arrests.
8

(b) A person who, in good faith, attends a polling place,
9
ballot drop box, or election authority for the purpose of
10
casting a vote, including early voting, or submitting a vote
11
by mail ballot, and is legally qualified under the laws of this
12
State to cast the vote or submit the ballot, is privileged from
13
civil arrest while going to, remaining at, and returning from
14
the polling place, ballot drop box, or election authority,
15
including:
16

(1) at the polling place, ballot drop box, or election
17

authority;
18

(2) within the polling place or election authority;
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(3) on the premises of the polling place, ballot drop
20

box, or election authority, including parking facilities
21

serving the polling place, ballot drop box, or election
22

authority;
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(4) on any sidewalk, parkway, or street surrounding
24

the polling place, ballot drop box, or election authority;
25

and
26

(5) on any public way within 200 horizontal feet of

HB5219
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LRB104 20233 SPS 33684 b
1

the polling place, ballot drop box, or election authority,
2

including any sidewalk, parkway, or street.
3

(c) To maintain access to the polling place, ballot drop
4
box, or election authority and to prevent interference with
5
the right of every eligible and qualified voter to exercise
6
the right to cast a ballot, a county board, election
7
authority, or the State Board of Elections may adopt or issue
8
appropriate rules, resolutions, ordinances, or guidance to
9
protect the privilege from arrest provided under this Section.
10

(d) A person who violates this Section is liable for civil
11
damages for false imprisonment, including actual damages and
12
statutory damages of no more than $10,000, if the person knew
13
or reasonably should have known that the person arrested is a
14
person duly and in good faith attending a polling place,
15
ballot drop box, or election authority to exercise the right
16
to vote while going to, remaining at, and returning from the
17
polling place, ballot drop box, or election authority. A court
18
may grant any other equitable or declaratory relief it deems
19
appropriate. In a successful action under this Section, a
20
plaintiff may recover court costs and reasonable attorney's
21
fees.
22

(e) No action or proceeding may be commenced under this
23
Section against the county board, election authority, or State
24
Board of Elections, or any personnel thereof, acting lawfully
25
under their duty to maintain safety and order in and around the
26
polling place, ballot drop box, or election authority.

HB5219
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LRB104 20233 SPS 33684 b
1

(f) Nothing in this Section affects any right or defense,
2
including any existing qualified immunity defense, of any
3
person, police officer, peace officer or public officer, or
4
any election officials of this State under State or federal
5
law.
6

(g) Nothing in this Section precludes the execution of a
7
criminal arrest warrant issued by a judge or a criminal arrest
8
based on probable cause for a violation of criminal law.

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