Chapter 7. Election Day, While the Polls Are Open

7.D. Voters and Registrants Entering the Polling Place

Voters and people registering to vote while on their way into the Polling Place or while they are in line to vote or to register:

  • cannot be prevented from voting,
  • cannot be prevented from registering to vote,
  • cannot be required to step out of line, or
  • cannot be required to leave the Polling Place.

The protection applies to voters and registrants while they are within or moving through:

7.D.1. Electioneering While In Line

Electioneering is handled separately. See:

United States Constitution

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

Fourth Amendment to the US Constitution

Relevant Illinois State Law

Any person who, by force, intimidation, threat, deception or forgery, knowingly prevents any other person from

  • (a) registering to vote, or
  • (b) lawfully voting, supporting or opposing the nomination or election of any person for public office or any public question voted upon at any election,

shall be guilty of a Class 4 felony.

10 ILCS 5/29-4

Any person who subjects, or causes to be subjected, a citizen of the State of Illinois or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution or laws of the United States or of the State of Illinois, relating to registration to vote, the conduct of elections, voting, or the nomination or election of candidates for public or political party office, shall be liable to the party injured or any person affected, in any action or proceeding for redress.

10 ILCS 5/29-17

If 2 or more persons conspire to prevent by force, intimidation, threat, deception, forgery or bribery any person from registering to vote, or preventing any person lawfully entitled to vote from voting, or preventing any person from supporting or opposing, in a legal manner, the nomination or election of any person for public or political party office, or a proposition voted upon at any election, or to injure any person or such person's property on account of such vote, support or advocacy, and if one or more persons so conspiring do, attempt or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property or deprived of having or exercising any right, privilege or immunity secured by the Constitution or laws of the United States or the State of Illinois relating to the conduct of elections, voting, or the nomination or election of candidates for public or political party office, all persons engaged in such conspiracy shall be liable to the party injured or any person affected, in any action or proceeding for redress.

10 ILCS 5/29-18

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