HB2547 S JUD AM #1
Canterbury 7892
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.
§3-1-37. Restrictions on presence and conduct at polls.
(a) Except as otherwise provided in this section, no person, other
than the election officers and voters going to the election room to vote and
returning therefrom, may be or remain within one hundred 200 feet
of the outside entrance to the building housing the polling place while the
polls are open. This subsection does not apply to persons who reside or conduct
business within such distance of the entrance to the building housing the
polling place, while in the discharge of their legitimate business, or to
persons whose business requires them to pass and repass within one hundred
200 feet of such entrance.
(b) A person who is delivering a voter to a polling place by motor
vehicle may drive such vehicle to a convenient and accessible location to
discharge the voter, notwithstanding that the location is within one hundred
200 feet of the outside entrance to the building housing the polling
place. Upon discharging such voter from the vehicle, the person shall remove
the vehicle from within one hundred 200 feet of the entrance
until such time as the voter is to be transported from the polling place or
another voter delivered: Provided, That vehicles delivering voters who
require assistance by reason of blindness, disability, or advanced age may
remain within one hundred 200 feet of the entrance until such
time as the voter is to be transported from the polling place.
(c) The election commissions shall limit the number of voters in the election room so as to preserve order. No person may approach nearer than five feet to any booth or compartment while the election is being held, except the voters to prepare their ballots, or the poll clerks when called on by a voter to assist in the preparation of his or her ballot, and no person, other than election officers and voters engaged in receiving, preparing and depositing their ballots, may be permitted to be within five feet of any ballot box, except by authority of the board of election commissioners, and then only for the purpose of keeping order and enforcing the law.
(d) Not more than one person may be permitted to occupy any booth or compartment at one time. No person may remain in or occupy a booth or compartment longer than may be necessary to prepare his or her ballot, and in no event longer than five minutes, except that any person who claims a disability pursuant to §3-1-34 of this code shall have additional time, up to 10 additional minutes, to prepare his or her ballot. No voter, or person offering to vote, may hold any conversation or communication with any person other than the poll clerks or commissioners of election, while in the election room.
(e) The provisions of this section do not apply to persons rendering assistance to blind voters as provided in §3-1-34 of this code or to any child 14 years of age or younger who accompanies a parent, grandparent, or legal guardian who is voting. Any dispute concerning the age of a child accompanying a parent, grandparent, or legal guardian who is voting shall be determined by the election commissioners.
ARTICLE 9. OFFENSES AND PENALTIES.
§3-9-6.
Unauthorized presence in election room; three hundred 200 foot
limit; penalties.
If any person, not herein authorized so to do, enters or attempts
to enter the election room, except upon a lawful errand and for a proper
purpose, or remains within three hundred 200 feet of the outside
entrance to the building housing the polling place, contrary to the provisions
of this chapter, he the person shall be guilty of a misdemeanor
and, on conviction thereof, shall be fined not less than $50 nor more than
$500, or confined in the county jail for not more than 30 days.
Excepting those individuals provided for expressly in this or other sections of the code, only full-time employees of the Secretary of State’s office or full-time employees of the respective county offices of the county clerk or the county prosecutor may enter or otherwise disturb the polling place.
§3-9-9. Electioneering defined; unlawful acts at polling places; exceptions; penalties.
(a)
As used in this section, “electioneering” means the displaying of signs or other
campaign paraphernalia, the distribution of campaign literature, cards, or
handbills, the soliciting of signatures to any petition, or the solicitation of
votes for or against any bona fide candidate or ballot question in a manner
which expressly advocates the election or defeat of the candidate or expressly
advocates the passage or defeat of the ballot question. “Electioneering” does
not include exit polling, so long as persons conducting exit polling are not
otherwise engaging in electioneering activities described above, or bumper
stickers or signs affixed to a person’s vehicle which is parked within or
passing through a distance of one hundred 200 feet of the entrance to a polling place
while such person is voting or transporting any voter to the polls.
(b) No officer of election may disclose to any person the name of any candidate for whom a voter has voted. No officer of election may do any electioneering on election day.
(c)
No person may do any electioneering on election day within any polling place,
or within one hundred 200 feet of the outside entrance to the
building housing the polling place. No person may do any electioneering in the
polling place or within one hundred 200 feet of the outside entrance of any
polling place where early voting is conducted during the period in which early
voting is offered during the hours while such early voting is actually taking
place. Nothing in this subsection shall prohibit a citizen from doing any
electioneering upon his or her own private property, regardless of distance
from the polling place, so long as that electioneering conforms to other
existing laws and ordinances.
(d) No person may apply for or receive any ballot in any polling place, other than that in which the person is entitled to vote, nor may any person examine a ballot which any voter has prepared for voting, or solicit the voter to show the same, nor ask, nor make any arrangement, directly or indirectly, with any voter, to vote an open ballot. No person, except a commissioner of election, may receive from any voter a ballot prepared by him or her for voting. No voter may receive a ballot from any person other than one of the poll clerks; nor may any person other than a poll clerk deliver a ballot to a commissioner of election to be voted by such commissioner. No voter may deliver any ballot to a commissioner of election to be voted, except the one he or she receives from the poll clerk. No voter may place any mark upon his or her ballot or suffer or permit any other person to do so, by which it may be afterward identified as the ballot voted by him or her.
(e) Whoever violates any provision of this section shall be guilty of a misdemeanor and, on conviction thereof, shall be fined not less than $100 nor more than $1,000, or confined in jail for not more than one year, or both fined and confined.
Adopted
Rejected