HB1140 103RD GENERAL ASSEMBLY

LRB103 05324 AWJ 50342 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1140

Introduced 1/12/2023, by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:

10 ILCS 5/4-14.1

from Ch. 46, par. 4-14.1

Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 4-14.1 as follows:

(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)

Sec. 4-14.1. Cancellation Cancelation of deceased voter's registration.

(a) Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding month. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine, monthly, the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, and to cancel the registration of any person who has died during the preceding month. The county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under Section 18 of the Vital Records Act shall promptly transmit certified records to the county clerk within 7 days after the death of the decedent. The county clerk and coroner shall report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with this Section and accuracy of the voter rolls. In addition, on a monthly basis, the county clerk shall request from the United States Postal Service records of each permanent change of address form submitted to the Postal Service related to an address in the county and shall update the registration of any person whose address appears to have changed, as indicated by those records.

(b) Any person may request a copy of the evidence of deposits of records and required reports under subsection (a). The county shall produce a copy of the evidence of deposits or required reports within 5 business days of receipt of the request or within 48 hours of receipt of the request if the request is received 30 days or less before an election.

(c) A person may file a petition for injunction or declaratory relief to enforce subsection (a) or a request for records under subsection (b). The circuit court may order (i) production of evidence of the deposits of records, (ii) production of required reports, or (iii) compliance with any of the requirements of subsection (a).

(d) If a person seeking the right to receive a copy of documents under subsection (b) prevails in a proceeding under subsection (c), the court shall award the person reasonable attorney's fees and costs. In determining what amount of attorney's fees is reasonable, the court shall consider the degree to which the relief obtained relates to the relief sought.

(e) If the court determines in an action under subsection (c) that an individual required to act under this Section willfully and intentionally failed to comply with this Section, or otherwise acted in bad faith, the court shall impose upon the county in which the individual was responsible to perform duties under this Section a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the county and whether the county has previously been assessed penalties for violations of this Section. The court may impose an additional civil penalty of up to $1,000 for each day that violation of the court's order to disclose documents under this Section continues if:

(1) the individual fails to comply with the court's order after 30 days;

(2) the court's order is not on appeal or stayed; and

(3) the court does not grant the individual additional time to comply with the court's order to disclose public records.

A civil penalty imposed under this subsection is in addition to any fees and costs awarded under subsection (d), if applicable.

(f) If this Section conflicts with the Freedom of Information Act relating to a request for production of public records or the actions of a court, the provisions in this Section control.

(Source: P.A. 96-1484, eff. 1-1-11.)