HB1698 104TH GENERAL ASSEMBLY

LRB104 10021 SPS 20092 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1698

Introduced 1/28/2025, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

10 ILCS 5/11-4.1

from Ch. 46, par. 11-4.1

Amends the Election Code. Provides that, upon receiving an election authority's request, if a school district demonstrates to the election authority that the use of a school as a polling place would interfere with scheduled programming or pose a threat to the safety of staff or students, the election authority and the school district shall work cooperatively to find an alternative location to serve as a polling place. Provides that, if the school district and the election authority are unable to identify a mutually agreeable alternative location, the school district and the election authority shall submit a report to the Board of County Commissioners that includes specified information. Provides that, after receiving the report, the Board of County Commissioners shall determine a location to be used as a polling place as soon as practicable to avoid further delay in determining a polling place.

A BILL FOR

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 Section 11-4.1 as follows:

(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)

Sec. 11-4.1. (a) In appointing polling places under this Article, the county board or board of election commissioners shall, insofar as they are convenient and available, use schools and other public buildings as polling places.

(b) Upon request of the county board or board of election commissioners, the proper agency of government (including school districts and units of local government) shall make a public building under its control available for use as a polling place on an election day and for a reasonably necessary time before and after election day, without charge. If the county board or board of election commissioners chooses a school to be a polling place, then the school district must make the school available for use as a polling place. Upon receiving the election authority's request, if a school district demonstrates to the election authority that the use of the school as a polling place would interfere with scheduled programming or pose a threat to the safety of staff or students, the election authority and the school district shall work cooperatively to find an alternative location to serve as a polling place. If the school district and the election authority are unable to identify a mutually agreeable alternative location, the school district and the election authority shall submit a report to the Board of County Commissioners that includes:

(1) previous voter turnout data at the proposed polling place, including:

(A) the percentage of early voters;

(B) the percentage of vote-by-mail voters; and

(C) the percentage of voters on election day;

(2) a list of previous polling places within a reasonable distance of the proposed polling place; and

(3) a list of early polling places within a reasonable distance of the proposed polling place.

After receiving the report, the Board of County Commissioners shall determine a location to be used as a polling place as soon as practicable to avoid further delay in determining a polling place.

However, for the day of the election, a school district is encouraged to (i) close the school or (ii) hold a teachers institute on that day with students not in attendance.

(c) A government agency which makes a public building under its control available for use as a polling place shall (i) ensure the portion of the building to be used as the polling place is accessible to voters with disabilities and elderly voters and (ii) allow the election authority to administer the election as authorized under this Code.

(d) If a qualified elector's precinct polling place is a school and the elector will be unable to enter that polling place without violating Section 11-9.3 of the Criminal Code of 2012 because the elector is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012, that elector may vote by a vote by mail ballot in accordance with Article 19 of this Code or may vote early in accordance with Article 19A of this Code.

(Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)