The Prairie Lodge at Sun City has been used as a polling place since the early 2000’s. In accordance with the community’s governing documents signage and electioneering had always been prohibited onsite. On November 3, 2020, the Kane County States Attorney office advised Management that under the provisions of 10 ILCS 5/7-41 “the area on polling place property beyond the campaign free zone, whether publicly or privately owned, is a public forum for the time that the polls are open on an election day.” In addition, the statute further provides, “A person shall have the right to congregate and engage in electioneering on any polling place property while the polls are open beyond the campaign free zone, including but not limited to, the placement of temporary signs.”
Understanding the conflict first raised by Kane County, at the Board of Directors (Board) meeting on March 24, 2021, the Board reviewed the statute in addition to terms of the Declaration of Covenants, Conditions and Restrictions for Sun City Huntley by Del Webb, and specifically, Article 10.1, which does not allow signs to be erected without Board consent throughout the subdivision except for one (1) ‘for sale’ sign. Residents of Sun City Huntley are advised regularly and may receive violation notices stating that signs (including political signs) are not allowed within the subdivision.
The Board determined by vote that it was not in the best interests of their neighbors to continue to allow the use of the Prairie Lodge to serve as a polling place since the community’s private property rights are preempted for the duration of an election day and political signs/electioneering would be allowed for that time. Although the Board’s action was taken, not to obstruct resident’s right to vote, but to protect the private property rights of the Association and the integrity of the rules and regulations for Sun City Huntley, the Board will revisit the issue at the April 28 meeting.
