Bill Text: IL HB1716 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-28 - Referred to Rules Committee [HB1716 Detail]

Download: Illinois-2025-HB1716-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1716 Introduced , 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
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-41 and 17-29 as follows:
(10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
Sec. 7-41. (a) All officers upon whom is imposed by law the
duty of designating and providing polling places for general
elections, shall provide in each such polling place so
designated and provided, a sufficient number of booths for
such primary election, which booths shall be provided with
shelves, such supplies and pencils as will enable the voter to
prepare his ballot for voting and in which voters may prepare
their ballots screened from all observation as to the manner
in which they do so. Such booths shall be within plain view of
the election officers and both they and the ballot boxes shall
be within plain view of those within the proximity of the
voting booths. No person other than election officers and the
challengers allowed by law and those admitted for the purpose
of voting, as hereinafter provided, shall be permitted within
the proximity of the voting booths, except by authority of the
primary officers to keep order and enforce the law.
(b) The number of such voting booths shall not be less than

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one to every seventy-five voters or fraction thereof, who
voted at the last preceding election in the precinct or
election district.
(c) No person shall do any electioneering or soliciting of
votes on primary day within any polling place or within 100 one
hundred feet of any polling place, or, at the option of a
church or private school, on any of the property of that church
or private school that is a polling place. Election officers
shall place 2 or more cones, small United States national
flags, or some other marker a distance of 100 horizontal feet
from each entrance to the room used by voters to engage in
voting, which shall be known as the polling room. If the
polling room is located within a building that is a private
business, a public or private school, or a church or other
organization founded for the purpose of religious worship and
the distance of 100 horizontal feet ends within the interior
of the building, then the markers shall be placed outside of
the building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or
walkway. If the polling room is located within a public or
private building with 2 or more floors and the polling room is
located on the ground floor, then the markers shall be placed
100 horizontal feet from each entrance to the polling room
used by voters to engage in voting. If the polling room is
located in a public or private building with 2 or more floors
and the polling room is located on a floor above or below the

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ground floor, then the markers shall be placed a distance of
100 feet from the nearest elevator or staircase used by voters
on the ground floor to access the floor where the polling room
is located. The area within where the markers are placed shall
be known as a campaign free zone, and electioneering is
prohibited pursuant to this subsection. Notwithstanding any
other provision of this Section, a church or private school
may choose to apply the campaign free zone to its entire
property, and, if so, the markers shall be placed near the
boundaries on the grounds adjacent to the thoroughfares or
walkways leading to the entrances used by the voters. At or
near the door of each polling place, the election judges shall
place signage indicating the proper entrance to the polling
place. In addition, the election judges shall ensure that a
sign identifying the location of the polling place is placed
on a nearby public roadway. The State Board of Elections shall
establish guidelines for the placement of polling place
signage.
The area on polling place property beyond the campaign
free zone, whether publicly or privately owned, is a public
forum for the time that the polls are open on an election day.
At the request of election officers any publicly owned
building must be made available for use as a polling place. A
person shall have the right to congregate and engage in
electioneering on any polling place property while the polls
are open beyond the campaign free zone, including but not

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limited to, the placement of temporary signs. This subsection
shall be construed liberally in favor of persons engaging in
electioneering on all polling place property beyond the
campaign free zone for the time that the polls are open on an
election day.
(d) The regulation of electioneering on polling place
property on an election day, including but not limited to the
placement of temporary signs, is an exclusive power and
function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to
subsection (c) is declared void. This is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
Sec. 17-29. (a) No judge of election, pollwatcher, or
other person shall, at any primary or election, do any
electioneering or soliciting of votes or engage in any
political discussion within any polling place, within 100 feet
of any polling place, or, at the option of a church or private
school, on any of the property of that church or private school
that is a polling place; no person shall interrupt, hinder or
oppose any voter while approaching within those areas for the
purpose of voting. Judges of election shall enforce the
provisions of this Section.

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(b) Election officers shall place 2 or more cones, small
United States national flags, or some other marker a distance
of 100 horizontal feet from each entrance to the room used by
voters to engage in voting, which shall be known as the polling
room. If the polling room is located within a building that is
a private business, a public or private school, or a church or
other organization founded for the purpose of religious
worship and the distance of 100 horizontal feet ends within
the interior of the building, then the markers shall be placed
outside of the building at each entrance used by voters to
enter that building on the grounds adjacent to the
thoroughfare or walkway. If the polling room is located within
a public or private building with 2 or more floors and the
polling room is located on the ground floor, then the markers
shall be placed 100 horizontal feet from each entrance to the
polling room used by voters to engage in voting. If the polling
room is located in a public or private building with 2 or more
floors and the polling room is located on a floor above or
below the ground floor, then the markers shall be placed a
distance of 100 feet from the nearest elevator or staircase
used by voters on the ground floor to access the floor where
the polling room is located. The area within where the markers
are placed shall be known as a campaign free zone, and
electioneering is prohibited pursuant to this subsection.
Notwithstanding any other provision of this Section, a church
or private school may choose to apply the campaign free zone to

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its entire property, and, if so, the markers shall be placed
near the boundaries on the grounds adjacent to the
thoroughfares or walkways leading to the entrances used by the
voters. If an election authority maintains a website, no later
than 5 days before election day, each election authority shall
post on its website the name and address of every polling place
designated as a campaign free zone. This information shall be
immediately provided to any person upon request, and a
requester shall not be required to submit a request under the
Freedom of Information Act.
The area on polling place property beyond the campaign
free zone, whether publicly or privately owned, is a public
forum for the time that the polls are open on an election day.
At the request of election officers any publicly owned
building must be made available for use as a polling place. A
person shall have the right to congregate and engage in
electioneering on any polling place property while the polls
are open beyond the campaign free zone, including but not
limited to, the placement of temporary signs. This subsection
shall be construed liberally in favor of persons engaging in
electioneering on all polling place property beyond the
campaign free zone for the time that the polls are open on an
election day. At or near the door of each polling place, the
election judges shall place signage indicating the proper
entrance to the polling place. In addition, the election
judges shall ensure that a sign identifying the location of

HB1716 - 7 - LRB104 08279 SPS 18330 b
the polling place is placed on a nearby public roadway. The
State Board of Elections shall establish guidelines for the
placement of polling place signage.
(c) The regulation of electioneering on polling place
property on an election day, including but not limited to the
placement of temporary signs, is an exclusive power and
function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to
subsection (c) is declared void. This is a denial and
limitation of home rule powers and functions under subsection
(h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 98-1171, eff. 6-1-15.)