We are not aware of any law or regulation that addresses the use of a bank branch as a polling place. For the reasons stated below, we believe such a use may be permissible as a “non-banking” activity, provided adequate precautions are taken to secure the branch if polling is open beyond normal bank hours. 

In an advisory opinion addressing whether a bank can lease space to a third party, the FDIC stated that it “does not have any rules or regulations which generally govern the conduct of ‘non-banking’ activities on the premises of an insured nonmember bank by an unrelated third party.” The FDIC also noted that whether a bank can lease space on its premises to a third party is dependent on state law.

As to state law, the Illinois Banking Act does not appear to address bank branches serving as polling places, and the Illinois Election Code provides that a county board or board of election commissioners “shall, insofar as they are convenient and available, use schools and other public buildings as polling places.”

Also, we note that when public buildings are used as polling places, they must ensure that the portion of the building used for polling is accessible to voters with disabilities and elderly voters.

For resources related to our guidance, please see:

• FDIC Advisory Opinion, FDIC-90-67 (November 23, 1990) (“As a preliminary matter, you should be aware that the FDIC does not have any rules or regulations which generally govern the conduct of ‘non-banking’ activities on the premises of an insured nonmember bank by an unrelated third party. This is true regardless of the nature of those activities. Whether a bank may lease space to a third party to conduct business activities on the premises of the bank is therefore dependent upon state law. The FDIC would, of course, evaluate any leasing or other arrangement with a third party for conformance with safe and sound banking practices. Each situation is evaluated on the basis of the particular facts and in view of applicable laws and regulations of the state in which the bank is located.”) 

• Illinois Election Code, 10 ILCS 5/11-4.1 (“(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. 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.”)