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Judicial Watch to Illinois State Board of Elections: Obama Campaign Election Day Text Messages May Violate Law Against Electioneering in Polling Places
Illinois State Law Prohibits Political Speech "Within Any Polling Place"
| Source: Judicial Watch
WASHINGTON, DC--(Marketwire - October 30, 2008) - Judicial Watch, the public interest group
that investigates and prosecutes government corruption, announced today
that it has issued a request to the Illinois State Board of Elections to
investigate whether the Obama campaign's planned Election Day text messages
would violate a state law that prevents electioneering in polling places.
Judicial Watch plans to issue similar requests to election officials in
other states.
According to media reports, Senator Obama's campaign sent text messages to
voters on primary day in New Hampshire encouraging them to vote for Senator
Obama. The Obama campaign apparently intends to conduct a similar text
message campaign on Election Day. Given that these messages will likely be
received and read by voters on their cell phones inside polling places, and
perhaps inside voting booths, the messages may violate an Illinois state
law against electioneering within polling places.
Illinois law specifically states: "No... person shall, at any primary or
election, do any electioneering or soliciting of votes or engage in any
political discussion within any polling place." [10 ILCS 5/17-29 (a)]
According to the Judicial Watch letter, dated October 28, 2008:
"Even if an individual is planning on voting for Senator Obama on Election
Day, a voter should be able to enter a polling place and cast his or her
vote without being subjected to yet more electioneering. Secrecy, privacy,
and freedom from outside influence in the polling place are fundamental to
ensuring a fair election process. The people of Illinois must be free to
cast their votes without electioneering text messages inside Illinois
polling places. Illinois law requires no less.
"There is no difference between a text message received on a cell phone in
a polling station and a campaign sign. The effect is to influence citizens
as they cast votes. This electioneering is prohibited not only by Illinois
state law, but by the laws of other states as well. We expect that
responsible government authorities will ask Senator Obama to abandon his
planned Election Day text message campaign. Our letter to Illinois is a
first step, as we're working now to alert other states about this matter,"
said Judicial Watch President Tom Fitton.
Visit www.judicialwatch.org to read Judicial Watch's letter to the Illinois
State Board of Elections.