Election Law, How Close Is Too Close?

2010-01-24T23:01:00.002-06:00

By Dean J. Argiris
Democratic Committeeman Precinct 30

It's that time of the year, again. It's the time when Republican and Democratic voters of the State of Illinois chose which of their candidates will receive the popular nomination and move on to win the November General Election. The State of Illinois' primary elections are classified as a Semi-Open Primary. This means that while a voter does NOT register as a Republican, Democrat, or other when they register to vote, they must declare a party before the election judge at the polling place. They are then provided with the ballot of the party they declared at the polling location. Democratic and Republican election judges are on hand to record which party the voter has declared.

Some states are closed primary states that require a voter to be registered with the party that they wish to vote for in the election. Arguments for the closed primary election state that this prevents Republicans from nominating weak Democratic candidates to run against the Republican of their choice, or vis-à-vis.

In the State of Illinois, election day for primaries this year fall on February 2nd. However, Illinois also has instituted an Early Voting system, the first early voting occurred in 2006. Early voting started on January 11th, 2010 and runs until January 28th, 2010. Public Law 96-0637, which went into effect on the first of this year, states that a permanent polling place for early voting must be open for eight hours a day, from either 8:30 am - 4:30 pm or 9:00 am - 5:00 pm. With weekend and holiday hours as follows:

Saturdays and Sundays: 9:00 am - 12:00pm (noon) and a total of at least fourteen (14) hours on the last weekend of early voting.

Holidays: Must be open for eight (8) hours on any holiday.

Early voting was designed to assist those people who wish to vote but can't make it to the polls on election day due to the long lines. It's a courtesy provided by law to make voting more accessible to every resident of the State of Illinois. In order to early vote, contact your local county clerk's election's department to find out the location of early voting. You must present a valid government issued identification card to the election judges in order to early vote!

We all understand that voting is important to the welfare of our village, town, city, county, state, and country. We live and feel the policies enacted by those we elect. Yet, with jobs, friends, families, and hobbies, being 100% informed on the issues and the candidates is often hard. That's why political strategists and even the more politically charged News Commentary channels like MSNBC and FOX (I saw News Commentary because more often than not they are offering their own personal opinions on news as it occurs rather than simply reporting) rely so heavily on "sound bites." Sound bites are clips of a longer speech. Traditionally, the sound bite was the more important parts of a longer speech. However, in a politically charged environment they are often reduced to context-less excerpts designed to insight the passions rather than the rational thoughts of people.

When we think of the term electioneering, it conjures up negative thoughts and feelings. We think of the days of the long extinct Chicago machine, the one reminiscent of Mike Royko's book "Boss: Richard J. Daley of Chicago" where precinct captains stood in the polling room and made sure you voted for their guy. Those days, fortunately, have gone the way of the dinosaur as state and federal laws were enacted to help fracture the old machine. Now the new machine is one of door to door campaigning, phone banking, and keeping in tune with the passions of the voter... the way elections should be. Despite, it's negative connotation, electioneering is not illegal and I would argue not unethical. Electioneering is defined as "actively working for a political candidate or party." There are many forms of electioneering. There is passive electioneering which is when someone wears political paraphernalia or posts signs outside a polling place with the intent to influence voters who still have yet to decide on a candidate. Then there is the more aggressive form of electioneering, the door to door and the distribution of literature at polling places.

Electioneering in Illinois is legal but certain guidelines must be followed as prescribed by the State Elections Code and, unfortunately, despite common belief not all election judges know the law in detail. Therefore it is not uncommon for rival political parties or campaigns to use "the law states" in an attempt to influence the judge's decisions in their favor. The key to ending dirty tricks on election day is to understand the law. With politics, just like everything else, staying informed is crucial!!!!!!

Elections are regulated in Chapter 10 of the Illinois Compiled Statutes. The Statute that deals specifically with electioneering is 10 ILCS 5/7-41.

Electioneering such as the distribution of literature that reads "Vote For" or "Punch #" can be distributed to voters except as follows:

* Within one hundred (100) horizontal feet of the polling location (as measured from the entrance to the ROOM where the polling is occurring), or at the option of a church or PRIVATE school that is hosting a polling location on any property belonging to the church or private school.

* Election judges are to post two (2) markers (cones, American flags, or another form of marker) one hundred horizontal feet from the entrance of the polling room to indicate where electioneering must end.

* If the polling location is within a business, public or private school, or a place of religious worship, and the one hundred (100) feet ends within the building. Then the markers shall be set at each entrance of the building accessed by voters.

* If the polling location is within a public or private building with two (2) or more floors and the polling room is on the ground floor, then the markers shall be placed one hundred (100) horizontal feet from the room where polling is being conducted.

* If polling is being conducted in a public or private building with two (2) or more floors and the polling is being conducted on either a floor above or below the ground floor, then the markers shall be placed one hundred (100) horizontal feet from the nearest elevator or stairwell.

The area within the markers is known, by Illinois law, as a "campaign free zone."

Churches and private facilities may elect to have their entire property designated as a campaign free zone and must indicate so by placing the cones on the boundaries adjacent to the thoroughfares leading voters onto the property.

It is important to note that any property outside of the cones, whether public or private is considered, by law, a public forum and therefore campaigns can post yard signs and continue to pass out literature. There often are campaigns that will claim that because a polling place is located on city property that signage and campaigning can NOT take place. While this is true when elections are not occurring it does not hold true when the place is designated, by the election authorities, as a polling location. Campaigns, by this statute, have a first amendment right to be outside the polling places making one last final push for their candidate to win.

The final paragraph of the statute go as far as to say that Home Rule jurisdiction does not apply and any attempt by counties or cities to create ordinances which further limit those activities protected by the state statute are void.

So whether you are working on a political campaign or are a voter, it is important to note the law in this case.

Dundee Township Democratic Party Official Blog

Election Law, How Close Is Too Close?