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1 | AN ACT concerning elections. | |||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||
4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||
5 | Sections 4-8, 5-7, and 6-35 and by adding Sections 4-106, | |||||||||||||||||||||||||||||
6 | 5-106, and 6-106 as follows: | |||||||||||||||||||||||||||||
7 | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8) | |||||||||||||||||||||||||||||
8 | Sec. 4-8. The county clerk shall provide a sufficient | |||||||||||||||||||||||||||||
9 | number of blank forms for the registration of electors, which | |||||||||||||||||||||||||||||
10 | shall be known as registration record cards and which shall | |||||||||||||||||||||||||||||
11 | consist of loose leaf sheets or cards, of suitable size to | |||||||||||||||||||||||||||||
12 | contain in plain writing and figures the data hereinafter | |||||||||||||||||||||||||||||
13 | required thereon or shall consist of computer cards of | |||||||||||||||||||||||||||||
14 | suitable nature to contain the data required thereon. The | |||||||||||||||||||||||||||||
15 | registration record cards, which shall include an affidavit of | |||||||||||||||||||||||||||||
16 | registration as hereinafter provided, shall be executed in | |||||||||||||||||||||||||||||
17 | duplicate. | |||||||||||||||||||||||||||||
18 | The registration record card shall contain the following | |||||||||||||||||||||||||||||
19 | and such other information as the county clerk may think it | |||||||||||||||||||||||||||||
20 | proper to require for the identification of the applicant for | |||||||||||||||||||||||||||||
21 | registration: | |||||||||||||||||||||||||||||
22 | Name. The name of the applicant, giving surname and first | |||||||||||||||||||||||||||||
23 | or Christian name in full, and the middle name or the initial |
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1 | for such middle name, if any. | ||||||
2 | Sex. | ||||||
3 | Residence. The name and number of the street, avenue, or | ||||||
4 | other location of the dwelling, including the apartment, unit | ||||||
5 | or room number, if any, and in the case of a mobile home the | ||||||
6 | lot number, and such additional clear and definite description | ||||||
7 | as may be necessary to determine the exact location of the | ||||||
8 | dwelling of the applicant. Where the location cannot be | ||||||
9 | determined by street and number, then the section, | ||||||
10 | congressional township and range number may be used, or such | ||||||
11 | other description as may be necessary, including post-office | ||||||
12 | mailing address. In the case of a homeless individual, the | ||||||
13 | individual's voting residence that is his or her mailing | ||||||
14 | address shall be included on his or her registration record | ||||||
15 | card. | ||||||
16 | Term of residence in the State of Illinois and precinct. | ||||||
17 | This information shall be furnished by the applicant stating | ||||||
18 | the place or places where he resided and the dates during which | ||||||
19 | he resided in such place or places during the year next | ||||||
20 | preceding the date of the next ensuing election. | ||||||
21 | Nativity. The state or country in which the applicant was | ||||||
22 | born. | ||||||
23 | Citizenship. Whether the applicant is native born or | ||||||
24 | naturalized. If naturalized, the court, place, and date of | ||||||
25 | naturalization. | ||||||
26 | Date of application for registration, i.e., the day, month |
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1 | and year when applicant presented himself for registration. | ||||||
2 | Age. Date of birth, by month, day and year. | ||||||
3 | Physical disability of the applicant, if any, at the time | ||||||
4 | of registration, which would require assistance in voting. | ||||||
5 | The county and state in which the applicant was last | ||||||
6 | registered. | ||||||
7 | Electronic mail address, if any. | ||||||
8 | Signature of voter. The applicant, after the registration | ||||||
9 | and in the presence of a deputy registrar or other officer of | ||||||
10 | registration shall be required to sign his or her name in ink | ||||||
11 | or digitized form to the affidavit on both the original and | ||||||
12 | duplicate registration record cards. | ||||||
13 | Signature of deputy registrar or officer of registration. | ||||||
14 | In case applicant is unable to sign his name, he may affix | ||||||
15 | his mark to the affidavit. In such case the officer empowered | ||||||
16 | to give the registration oath shall write a detailed | ||||||
17 | description of the applicant in the space provided on the back | ||||||
18 | or at the bottom of the card or sheet; and shall ask the | ||||||
19 | following questions and record the answers thereto: | ||||||
20 | Father's first name. | ||||||
21 | Mother's first name. | ||||||
22 | From what address did the applicant last register? | ||||||
23 | Reason for inability to sign name. | ||||||
24 | Each applicant for registration shall make an affidavit in | ||||||
25 | substantially the following form: | ||||||
26 | AFFIDAVIT OF REGISTRATION |
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1 | STATE OF ILLINOIS
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2 | COUNTY OF ....... | ||||||
3 | I hereby swear (or affirm) that I am a citizen of the | ||||||
4 | United States; that on the date of the next election I shall | ||||||
5 | have resided in the State of Illinois and in the election | ||||||
6 | precinct in which I reside 30 days and that I intend that this | ||||||
7 | location shall be my residence; that I am fully qualified to | ||||||
8 | vote, and that the above statements are true. | ||||||
9 | .............................. | ||||||
10 | (His or her signature or mark) | ||||||
11 | Subscribed and sworn to before me on (insert date). | ||||||
12 | .................................. | ||||||
13 | Signature of registration officer.
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14 | (To be signed in presence of registrant.) | ||||||
15 | Space shall be provided upon the face of each registration | ||||||
16 | record card for the notation of the voting record of the person | ||||||
17 | registered thereon. | ||||||
18 | Each registration record card shall be numbered according | ||||||
19 | to precincts, and may be serially or otherwise marked for | ||||||
20 | identification in such manner as the county clerk may | ||||||
21 | determine. | ||||||
22 | The registration cards shall be deemed public records and | ||||||
23 | shall be open to inspection during regular business hours, | ||||||
24 | except during the 27 days immediately preceding any election. | ||||||
25 | On written request of any candidate or objector or any person |
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1 | intending to object to a petition, the election authority | ||||||
2 | shall extend its hours for inspection of registration cards | ||||||
3 | and other records of the election authority during the period | ||||||
4 | beginning with the filing of petitions under Sections 7-10, | ||||||
5 | 8-8, 10-6 or 28-3 and continuing through the termination of | ||||||
6 | electoral board hearings on any objections to petitions | ||||||
7 | containing signatures of registered voters in the jurisdiction | ||||||
8 | of the election authority. The extension shall be for a period | ||||||
9 | of hours sufficient to allow adequate opportunity for | ||||||
10 | examination of the records but the election authority is not | ||||||
11 | required to extend its hours beyond the period beginning at | ||||||
12 | its normal opening for business and ending at midnight. If the | ||||||
13 | business hours are so extended, the election authority shall | ||||||
14 | post a public notice of such extended hours. Registration | ||||||
15 | record cards may also be inspected, upon approval of the | ||||||
16 | officer in charge of the cards, during the 27 days immediately | ||||||
17 | preceding any election. Registration record cards shall also | ||||||
18 | be open to inspection by certified judges and poll watchers | ||||||
19 | and challengers at the polling place on election day, but only | ||||||
20 | to the extent necessary to determine the question of the right | ||||||
21 | of a person to vote or to serve as a judge of election. At no | ||||||
22 | time shall poll watchers or challengers be allowed to | ||||||
23 | physically handle the registration record cards. | ||||||
24 | Updated copies of computer tapes or computer discs or | ||||||
25 | other electronic data processing information containing voter | ||||||
26 | registration information shall be furnished by the county |
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1 | clerk within 10 days after December 15 and May 15 each year and | ||||||
2 | within 10 days after each registration period is closed to the | ||||||
3 | State Board of Elections in a form prescribed by the Board. For | ||||||
4 | the purposes of this Section, a registration period is closed | ||||||
5 | 27 days before the date of any regular or special election. | ||||||
6 | Registration information shall include, but not be limited to, | ||||||
7 | the following information: name, sex, residence, telephone | ||||||
8 | number, if any, age, party affiliation, if applicable, | ||||||
9 | precinct, ward, township, county, and representative, | ||||||
10 | legislative and congressional districts. In the event of | ||||||
11 | noncompliance, the State Board of Elections is directed to | ||||||
12 | obtain compliance forthwith with this nondiscretionary duty of | ||||||
13 | the election authority by instituting legal proceedings in the | ||||||
14 | circuit court of the county in which the election authority | ||||||
15 | maintains the registration information. The costs of | ||||||
16 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
17 | rate of $.00034 per name of registered voters in the election | ||||||
18 | jurisdiction, but not less than $50 per tape or disc and shall | ||||||
19 | be paid from appropriations made to the State Board of | ||||||
20 | Elections for reimbursement to the election authority for such | ||||||
21 | purpose. The State Board shall furnish copies of such tapes, | ||||||
22 | discs, other electronic data or compilations thereof to state | ||||||
23 | political committees registered pursuant to the Illinois | ||||||
24 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
25 | to governmental entities, at their request and at a reasonable | ||||||
26 | cost. To protect the privacy and confidentiality of voter |
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1 | registration information, the disclosure of electronic voter | ||||||
2 | registration records to any person or entity other than to a | ||||||
3 | State or local political committee and other than to a | ||||||
4 | governmental entity for a governmental purpose is specifically | ||||||
5 | prohibited except as described in Section 4-106 or as follows: | ||||||
6 | subject to security measures adopted by the State Board of | ||||||
7 | Elections which, at a minimum, shall include the keeping of a | ||||||
8 | catalog or database, available for public view, including the | ||||||
9 | name, address, and telephone number of the person viewing the | ||||||
10 | list as well as the time of that viewing, any person may view | ||||||
11 | the centralized statewide voter registration list on a | ||||||
12 | computer screen at the Springfield office of the State Board | ||||||
13 | of Elections, during normal business hours other than during | ||||||
14 | the 27 days before an election, but the person viewing the list | ||||||
15 | under this exception may not print, duplicate, transmit, or | ||||||
16 | alter the list. Copies of the tapes, discs, or other | ||||||
17 | electronic data shall be furnished by the county clerk to | ||||||
18 | local political committees and governmental entities at their | ||||||
19 | request and at a reasonable cost. Reasonable cost of the | ||||||
20 | tapes, discs, et cetera for this purpose would be the cost of | ||||||
21 | duplication plus 15% for administration. The individual | ||||||
22 | representing a political committee requesting copies of such | ||||||
23 | tapes shall make a sworn affidavit that the information shall | ||||||
24 | be used only for bona fide political purposes, including by or | ||||||
25 | for candidates for office or incumbent office holders. Such | ||||||
26 | tapes, discs or other electronic data shall not be used under |
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1 | any circumstances by any political committee or individuals | ||||||
2 | for purposes of commercial solicitation or other business | ||||||
3 | purposes. If such tapes contain information on county | ||||||
4 | residents related to the operations of county government in | ||||||
5 | addition to registration information, that information shall | ||||||
6 | not be used under any circumstances for commercial | ||||||
7 | solicitation or other business purposes. The prohibition in | ||||||
8 | this Section against using the computer tapes or computer | ||||||
9 | discs or other electronic data processing information | ||||||
10 | containing voter registration information for purposes of | ||||||
11 | commercial solicitation or other business purposes shall be | ||||||
12 | prospective only from the effective date of this amended Act | ||||||
13 | of 1979. Any person who violates this provision shall be | ||||||
14 | guilty of a Class 4 felony. | ||||||
15 | The State Board of Elections shall promulgate, by October | ||||||
16 | 1, 1987, such regulations as may be necessary to ensure | ||||||
17 | uniformity throughout the State in electronic data processing | ||||||
18 | of voter registration information. The regulations shall | ||||||
19 | include, but need not be limited to, specifications for | ||||||
20 | uniform medium, communications protocol and file structure to | ||||||
21 | be employed by the election authorities of this State in the | ||||||
22 | electronic data processing of voter registration information. | ||||||
23 | Each election authority utilizing electronic data processing | ||||||
24 | of voter registration information shall comply with such | ||||||
25 | regulations on and after May 15, 1988. | ||||||
26 | If the applicant for registration was last registered in |
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1 | another county within this State, he shall also sign a | ||||||
2 | certificate authorizing cancellation of the former | ||||||
3 | registration. The certificate shall be in substantially the | ||||||
4 | following form: | ||||||
5 | To the County Clerk of.... County, Illinois. (or) | ||||||
6 | To the Election Commission of the City of ...., Illinois. | ||||||
7 | This is to certify that I am registered in your (county) | ||||||
8 | (city) and that my residence was . | ||||||
9 | Having moved out of your (county) (city), I hereby authorize | ||||||
10 | you to cancel said registration in your office. | ||||||
11 | Dated at ...., Illinois, on (insert date). | ||||||
12 | ................................. | ||||||
13 | (Signature of Voter) | ||||||
14 | Attest: ................, County Clerk, .............
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15 | County, Illinois. | ||||||
16 | The cancellation certificate shall be mailed immediately | ||||||
17 | by the County Clerk to the County Clerk (or election | ||||||
18 | commission as the case may be) where the applicant was | ||||||
19 | formerly registered. Receipt of such certificate shall be full | ||||||
20 | authority for cancellation of any previous registration. | ||||||
21 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.) | ||||||
22 | (10 ILCS 5/4-106 new) | ||||||
23 | Sec. 4-106. Voter registration records for the general | ||||||
24 | public. Except during the 27 days immediately preceding any | ||||||
25 | election, the State Board of Elections in accordance with this |
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1 | Section may furnish in accordance with this Section electronic | ||||||
2 | voter registration records at a reasonable cost to any person | ||||||
3 | who makes a sworn affidavit that the list will be used solely | ||||||
4 | for bona fide election purposes and shall not be used for | ||||||
5 | commercial purposes. Electronic voter registration records | ||||||
6 | furnished to members of the public shall not disclose the | ||||||
7 | email address, birth day, birth month, Illinois driver's | ||||||
8 | license number, Illinois identification card number, street | ||||||
9 | number, or social security number of any voter, but shall | ||||||
10 | disclose birth year. The reasonable cost of voter registration | ||||||
11 | records furnished under this Section shall be the cost of | ||||||
12 | duplication plus a 15% fee for administration. No sooner than | ||||||
13 | 14 days after a request for voter registration records is made | ||||||
14 | under this Section, the State Board of Elections shall | ||||||
15 | publicly disclose the request on a publicly accessible website | ||||||
16 | regardless of whether the request was approved or denied. | ||||||
17 | Voter registration records shall be furnished without | ||||||
18 | charge or at a reduced charge, as determined by the State Board | ||||||
19 | of Elections, if the person requesting the records makes the | ||||||
20 | request on behalf of an entity that is exempt from income | ||||||
21 | taxation under Section 501(c)(3) of the Internal Revenue Code | ||||||
22 | of 1986, states the specific purpose for the request, and | ||||||
23 | indicates that a waiver or reduction of the fee is in the | ||||||
24 | public interest. A waiver or reduction of the fee is in the | ||||||
25 | public interest if the principle purpose of the request is to | ||||||
26 | access and disseminate information regarding the legal voting |
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1 | rights of the general public. In setting the amount of waiver | ||||||
2 | or reduction of the fee, the State Board of Elections may take | ||||||
3 | into consideration the amount of materials requested and the | ||||||
4 | cost of copying them. | ||||||
5 | Voter registration records or data shall be limited to | ||||||
6 | bona fide election purposes and shall not be used for any | ||||||
7 | personal, private, or commercial purpose, including, but not | ||||||
8 | limited to, the intimidation, threat, or deception of any | ||||||
9 | person or the advertising, solicitation, sale, or marketing of | ||||||
10 | products or services. | ||||||
11 | A recipient of voter registration records or data shall | ||||||
12 | not place the records or data on the Internet with | ||||||
13 | unrestricted access. Voter registration records or data shall | ||||||
14 | not be furnished to any person residing outside of the United | ||||||
15 | States. Any person who knowingly violates this Section shall | ||||||
16 | be guilty of a Class 4 felony. A governmental entity, or | ||||||
17 | officer or employee thereof, shall not be held civilly liable | ||||||
18 | as a result of disclosure of the information referred to in | ||||||
19 | this Section, unless by a showing of gross negligence or | ||||||
20 | willfulness. The State Board of Elections shall deny a request | ||||||
21 | made under this Section to any person or entity that has | ||||||
22 | violated this Section. | ||||||
23 | (10 ILCS 5/5-7) (from Ch. 46, par. 5-7) | ||||||
24 | Sec. 5-7. The county clerk shall provide a sufficient | ||||||
25 | number of blank forms for the registration of electors which |
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1 | shall be known as registration record cards and which shall | ||||||
2 | consist of loose leaf sheets or cards, of suitable size to | ||||||
3 | contain in plain writing and figures the data hereinafter | ||||||
4 | required thereon or shall consist of computer cards of | ||||||
5 | suitable nature to contain the data required thereon. The | ||||||
6 | registration record cards, which shall include an affidavit of | ||||||
7 | registration as hereinafter provided, shall be executed in | ||||||
8 | duplicate. | ||||||
9 | The registration record card shall contain the following | ||||||
10 | and such other information as the county clerk may think it | ||||||
11 | proper to require for the identification of the applicant for | ||||||
12 | registration: | ||||||
13 | Name. The name of the applicant, giving surname and first | ||||||
14 | or Christian name in full, and the middle name or the initial | ||||||
15 | for such middle name, if any. | ||||||
16 | Sex. | ||||||
17 | Residence. The name and number of the street, avenue, or | ||||||
18 | other location of the dwelling, including the apartment, unit | ||||||
19 | or room number, if any, and in the case of a mobile home the | ||||||
20 | lot number, and such additional clear and definite description | ||||||
21 | as may be necessary to determine the exact location of the | ||||||
22 | dwelling of the applicant, including post-office mailing | ||||||
23 | address. In the case of a homeless individual, the | ||||||
24 | individual's voting residence that is his or her mailing | ||||||
25 | address shall be included on his or her registration record | ||||||
26 | card. |
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1 | Term of residence in the State of Illinois and the | ||||||
2 | precinct. Which questions may be answered by the applicant | ||||||
3 | stating, in excess of 30 days in the State and in excess of 30 | ||||||
4 | days in the precinct. | ||||||
5 | Nativity. The State or country in which the applicant was | ||||||
6 | born. | ||||||
7 | Citizenship. Whether the applicant is native born or | ||||||
8 | naturalized. If naturalized, the court, place and date of | ||||||
9 | naturalization. | ||||||
10 | Date of application for registration, i.e., the day, month | ||||||
11 | and year when applicant presented himself for registration. | ||||||
12 | Age. Date of birth, by month, day and year. | ||||||
13 | Physical disability of the applicant, if any, at the time | ||||||
14 | of registration, which would require assistance in voting. | ||||||
15 | The county and state in which the applicant was last | ||||||
16 | registered. | ||||||
17 | Electronic mail address, if any. | ||||||
18 | Signature of voter. The applicant, after the registration | ||||||
19 | and in the presence of a deputy registrar or other officer of | ||||||
20 | registration shall be required to sign his or her name in ink | ||||||
21 | or digitized form to the affidavit on the original and | ||||||
22 | duplicate registration record card. | ||||||
23 | Signature of Deputy Registrar. | ||||||
24 | In case applicant is unable to sign his name, he may affix | ||||||
25 | his mark to the affidavit. In such case the officer empowered | ||||||
26 | to give the registration oath shall write a detailed |
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1 | description of the applicant in the space provided at the | ||||||
2 | bottom of the card or sheet; and shall ask the following | ||||||
3 | questions and record the answers thereto: | ||||||
4 | Father's first name ....................... | ||||||
5 | Mother's first name ....................... | ||||||
6 | From what address did you last register? | ||||||
7 | Reason for inability to sign name. | ||||||
8 | Each applicant for registration shall make an affidavit in | ||||||
9 | substantially the following form: | ||||||
10 | AFFIDAVIT OF REGISTRATION | ||||||
11 | State of Illinois)
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12 | )ss
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13 | County of ) | ||||||
14 | I hereby swear (or affirm) that I am a citizen of the | ||||||
15 | United States; that on the date of the next election I shall | ||||||
16 | have resided in the State of Illinois and in the election | ||||||
17 | precinct in which I reside 30 days; that I am fully qualified | ||||||
18 | to vote. That I intend that this location shall be my residence | ||||||
19 | and that the above statements are true. | ||||||
20 | .............................. | ||||||
21 | (His or her signature or mark) | ||||||
22 | Subscribed and sworn to before me on (insert date). | ||||||
23 | ......................................... | ||||||
24 | Signature of Registration Officer.
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25 | (To be signed in presence of Registrant.) |
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1 | Space shall be provided upon the face of each registration | ||||||
2 | record card for the notation of the voting record of the person | ||||||
3 | registered thereon. | ||||||
4 | Each registration record card shall be numbered according | ||||||
5 | to towns and precincts, wards, cities and villages, as the | ||||||
6 | case may be, and may be serially or otherwise marked for | ||||||
7 | identification in such manner as the county clerk may | ||||||
8 | determine. | ||||||
9 | The registration cards shall be deemed public records and | ||||||
10 | shall be open to inspection during regular business hours, | ||||||
11 | except during the 27 days immediately preceding any election. | ||||||
12 | On written request of any candidate or objector or any person | ||||||
13 | intending to object to a petition, the election authority | ||||||
14 | shall extend its hours for inspection of registration cards | ||||||
15 | and other records of the election authority during the period | ||||||
16 | beginning with the filing of petitions under Sections 7-10, | ||||||
17 | 8-8, 10-6 or 28-3 and continuing through the termination of | ||||||
18 | electoral board hearings on any objections to petitions | ||||||
19 | containing signatures of registered voters in the jurisdiction | ||||||
20 | of the election authority. The extension shall be for a period | ||||||
21 | of hours sufficient to allow adequate opportunity for | ||||||
22 | examination of the records but the election authority is not | ||||||
23 | required to extend its hours beyond the period beginning at | ||||||
24 | its normal opening for business and ending at midnight. If the | ||||||
25 | business hours are so extended, the election authority shall | ||||||
26 | post a public notice of such extended hours. Registration |
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1 | record cards may also be inspected, upon approval of the | ||||||
2 | officer in charge of the cards, during the 27 days immediately | ||||||
3 | preceding any election. Registration record cards shall also | ||||||
4 | be open to inspection by certified judges and poll watchers | ||||||
5 | and challengers at the polling place on election day, but only | ||||||
6 | to the extent necessary to determine the question of the right | ||||||
7 | of a person to vote or to serve as a judge of election. At no | ||||||
8 | time shall poll watchers or challengers be allowed to | ||||||
9 | physically handle the registration record cards. | ||||||
10 | Updated copies of computer tapes or computer discs or | ||||||
11 | other electronic data processing information containing voter | ||||||
12 | registration information shall be furnished by the county | ||||||
13 | clerk within 10 days after December 15 and May 15 each year and | ||||||
14 | within 10 days after each registration period is closed to the | ||||||
15 | State Board of Elections in a form prescribed by the Board. For | ||||||
16 | the purposes of this Section, a registration period is closed | ||||||
17 | 27 days before the date of any regular or special election. | ||||||
18 | Registration information shall include, but not be limited to, | ||||||
19 | the following information: name, sex, residence, telephone | ||||||
20 | number, if any, age, party affiliation, if applicable, | ||||||
21 | precinct, ward, township, county, and representative, | ||||||
22 | legislative and congressional districts. In the event of | ||||||
23 | noncompliance, the State Board of Elections is directed to | ||||||
24 | obtain compliance forthwith with this nondiscretionary duty of | ||||||
25 | the election authority by instituting legal proceedings in the | ||||||
26 | circuit court of the county in which the election authority |
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1 | maintains the registration information. The costs of | ||||||
2 | furnishing updated copies of tapes or discs shall be paid at a | ||||||
3 | rate of $.00034 per name of registered voters in the election | ||||||
4 | jurisdiction, but not less than $50 per tape or disc and shall | ||||||
5 | be paid from appropriations made to the State Board of | ||||||
6 | Elections for reimbursement to the election authority for such | ||||||
7 | purpose. The State Board shall furnish copies of such tapes, | ||||||
8 | discs, other electronic data or compilations thereof to state | ||||||
9 | political committees registered pursuant to the Illinois | ||||||
10 | Campaign Finance Act or the Federal Election Campaign Act and | ||||||
11 | to governmental entities, at their request and at a reasonable | ||||||
12 | cost. To protect the privacy and confidentiality of voter | ||||||
13 | registration information, the disclosure of electronic voter | ||||||
14 | registration records to any person or entity other than to a | ||||||
15 | State or local political committee and other than to a | ||||||
16 | governmental entity for a governmental purpose is specifically | ||||||
17 | prohibited except as described in Section 5-106 or as follows: | ||||||
18 | subject to security measures adopted by the State Board of | ||||||
19 | Elections which, at a minimum, shall include the keeping of a | ||||||
20 | catalog or database, available for public view, including the | ||||||
21 | name, address, and telephone number of the person viewing the | ||||||
22 | list as well as the time of that viewing, any person may view | ||||||
23 | the centralized statewide voter registration list on a | ||||||
24 | computer screen at the Springfield office of the State Board | ||||||
25 | of Elections, during normal business hours other than during | ||||||
26 | the 27 days before an election, but the person viewing the list |
| |||||||
| |||||||
1 | under this exception may not print, duplicate, transmit, or | ||||||
2 | alter the list. Copies of the tapes, discs or other electronic | ||||||
3 | data shall be furnished by the county clerk to local political | ||||||
4 | committees and governmental entities at their request and at a | ||||||
5 | reasonable cost. Reasonable cost of the tapes, discs, et | ||||||
6 | cetera for this purpose would be the cost of duplication plus | ||||||
7 | 15% for administration. The individual representing a | ||||||
8 | political committee requesting copies of such tapes shall make | ||||||
9 | a sworn affidavit that the information shall be used only for | ||||||
10 | bona fide political purposes, including by or for candidates | ||||||
11 | for office or incumbent office holders. Such tapes, discs or | ||||||
12 | other electronic data shall not be used under any | ||||||
13 | circumstances by any political committee or individuals for | ||||||
14 | purposes of commercial solicitation or other business | ||||||
15 | purposes. If such tapes contain information on county | ||||||
16 | residents related to the operations of county government in | ||||||
17 | addition to registration information, that information shall | ||||||
18 | not be used under any circumstances for commercial | ||||||
19 | solicitation or other business purposes. The prohibition in | ||||||
20 | this Section against using the computer tapes or computer | ||||||
21 | discs or other electronic data processing information | ||||||
22 | containing voter registration information for purposes of | ||||||
23 | commercial solicitation or other business purposes shall be | ||||||
24 | prospective only from the effective date of this amended Act | ||||||
25 | of 1979. Any person who violates this provision shall be | ||||||
26 | guilty of a Class 4 felony. |
| |||||||
| |||||||
1 | The State Board of Elections shall promulgate, by October | ||||||
2 | 1, 1987, such regulations as may be necessary to ensure | ||||||
3 | uniformity throughout the State in electronic data processing | ||||||
4 | of voter registration information. The regulations shall | ||||||
5 | include, but need not be limited to, specifications for | ||||||
6 | uniform medium, communications protocol and file structure to | ||||||
7 | be employed by the election authorities of this State in the | ||||||
8 | electronic data processing of voter registration information. | ||||||
9 | Each election authority utilizing electronic data processing | ||||||
10 | of voter registration information shall comply with such | ||||||
11 | regulations on and after May 15, 1988. | ||||||
12 | If the applicant for registration was last registered in | ||||||
13 | another county within this State, he shall also sign a | ||||||
14 | certificate authorizing cancellation of the former | ||||||
15 | registration. The certificate shall be in substantially the | ||||||
16 | following form: | ||||||
17 | To the County Clerk of .... County, Illinois. To the Election | ||||||
18 | Commission of the City of ...., Illinois. | ||||||
19 | This is to certify that I am registered in your (county) | ||||||
20 | (city) and that my residence was ..... | ||||||
21 | Having moved out of your (county) (city), I hereby | ||||||
22 | authorize you to cancel said registration in your office. | ||||||
23 | Dated at .... Illinois, on (insert date). | ||||||
24 | .................... | ||||||
25 | (Signature of Voter) | ||||||
26 | Attest ......, County Clerk, ........ County, Illinois. |
| |||||||
| |||||||
1 | The cancellation certificate shall be mailed immediately | ||||||
2 | by the county clerk to the county clerk (or election | ||||||
3 | commission as the case may be) where the applicant was | ||||||
4 | formerly registered. Receipt of such certificate shall be full | ||||||
5 | authority for cancellation of any previous registration. | ||||||
6 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.) | ||||||
7 | (10 ILCS 5/5-106 new) | ||||||
8 | Sec. 5-106. Voter registration records for the general | ||||||
9 | public. Except during the 27 days immediately preceding any | ||||||
10 | election, the State Board of Elections may furnish in | ||||||
11 | accordance with this Section electronic voter registration | ||||||
12 | records at a reasonable cost to any person who makes a sworn | ||||||
13 | affidavit that the list will solely be used for bona fide | ||||||
14 | election purposes and shall not be used for commercial | ||||||
15 | purposes. Electronic voter registration records furnished to | ||||||
16 | members of the public shall not disclose the email address, | ||||||
17 | birth day, birth month, Illinois driver's license number, | ||||||
18 | Illinois identification card number, street number, or social | ||||||
19 | security number of any voter, but shall disclose birth year. | ||||||
20 | The reasonable cost of voter registration records furnished | ||||||
21 | under this Section shall be the cost of duplication plus a 15% | ||||||
22 | fee for administration. No sooner than 14 days after a request | ||||||
23 | for voter registration records is made under this Section, the | ||||||
24 | State Board of Elections shall publicly disclose the request | ||||||
25 | on a publicly accessible website regardless of whether the |
| |||||||
| |||||||
1 | request was approved or denied. | ||||||
2 | Voter registration records shall be furnished without | ||||||
3 | charge or at a reduced charge, as determined by the State Board | ||||||
4 | of Elections, if the person requesting the records makes the | ||||||
5 | request on behalf of an entity that is exempt from income | ||||||
6 | taxation under Section 501(c)(3) of the Internal Revenue Code | ||||||
7 | of 1986, states the specific purpose for the request, and | ||||||
8 | indicates that a waiver or reduction of the fee is in the | ||||||
9 | public interest. A waiver or reduction of the fee is in the | ||||||
10 | public interest if the principle purpose of the request is to | ||||||
11 | access and disseminate information regarding the legal voting | ||||||
12 | rights of the general public. In setting the amount of waiver | ||||||
13 | or reduction of the fee, the State Board of Elections may take | ||||||
14 | into consideration the amount of materials requested and the | ||||||
15 | cost of copying them. | ||||||
16 | Voter registration records or data shall be limited to | ||||||
17 | bona fide election purposes and shall not be used for any | ||||||
18 | personal, private, or commercial purpose, including, but not | ||||||
19 | limited to, the intimidation, threat, or deception of any | ||||||
20 | person or the advertising, solicitation, sale, or marketing of | ||||||
21 | products or services. | ||||||
22 | A recipient of voter registration records or data shall | ||||||
23 | not place the records or data on the Internet with | ||||||
24 | unrestricted access. Voter registration records or data shall | ||||||
25 | not be furnished to any person residing outside of the United | ||||||
26 | States. Any person who knowingly violates this Section shall |
| |||||||
| |||||||
1 | be guilty of a Class 4 felony. A governmental entity, or | ||||||
2 | officer or employee thereof, shall not be held civilly liable | ||||||
3 | as a result of disclosure of the information referred to in | ||||||
4 | this Section, unless by a showing of gross negligence or | ||||||
5 | willfulness. The State Board of Elections shall deny a request | ||||||
6 | made under this Section to any person or entity that has | ||||||
7 | violated this Section. | ||||||
8 | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35) | ||||||
9 | Sec. 6-35. The Boards of Election Commissioners shall | ||||||
10 | provide a sufficient number of blank forms for the | ||||||
11 | registration of electors which shall be known as registration | ||||||
12 | record cards and which shall consist of loose leaf sheets or | ||||||
13 | cards, of suitable size to contain in plain writing and | ||||||
14 | figures the data hereinafter required thereon or shall consist | ||||||
15 | of computer cards of suitable nature to contain the data | ||||||
16 | required thereon. The registration record cards, which shall | ||||||
17 | include an affidavit of registration as hereinafter provided, | ||||||
18 | shall be executed in duplicate. The duplicate of which may be a | ||||||
19 | carbon copy of the original or a copy of the original made by | ||||||
20 | the use of other method or material used for making | ||||||
21 | simultaneous true copies or duplications. | ||||||
22 | The registration record card shall contain the following | ||||||
23 | and such other information as the Board of Election | ||||||
24 | Commissioners may think it proper to require for the | ||||||
25 | identification of the applicant for registration: |
| |||||||
| |||||||
1 | Name. The name of the applicant, giving surname and first | ||||||
2 | or Christian name in full, and the middle name or the initial | ||||||
3 | for such middle name, if any. | ||||||
4 | Sex. | ||||||
5 | Residence. The name and number of the street, avenue, or | ||||||
6 | other location of the dwelling, including the apartment, unit | ||||||
7 | or room number, if any, and in the case of a mobile home the | ||||||
8 | lot number, and such additional clear and definite description | ||||||
9 | as may be necessary to determine the exact location of the | ||||||
10 | dwelling of the applicant, including post-office mailing | ||||||
11 | address. In the case of a homeless individual, the | ||||||
12 | individual's voting residence that is his or her mailing | ||||||
13 | address shall be included on his or her registration record | ||||||
14 | card. | ||||||
15 | Term of residence in the State of Illinois and the | ||||||
16 | precinct. | ||||||
17 | Nativity. The state or country in which the applicant was | ||||||
18 | born. | ||||||
19 | Citizenship. Whether the applicant is native born or | ||||||
20 | naturalized. If naturalized, the court, place, and date of | ||||||
21 | naturalization. | ||||||
22 | Date of application for registration, i.e., the day, month | ||||||
23 | and year when the applicant presented himself for | ||||||
24 | registration. | ||||||
25 | Age. Date of birth, by month, day and year. | ||||||
26 | Physical disability of the applicant, if any, at the time |
| |||||||
| |||||||
1 | of registration, which would require assistance in voting. | ||||||
2 | The county and state in which the applicant was last | ||||||
3 | registered. | ||||||
4 | Electronic mail address, if any. | ||||||
5 | Signature of voter. The applicant, after registration and | ||||||
6 | in the presence of a deputy registrar or other officer of | ||||||
7 | registration shall be required to sign his or her name in ink | ||||||
8 | or digitized form to the affidavit on both the original and the | ||||||
9 | duplicate registration record card. | ||||||
10 | Signature of deputy registrar. | ||||||
11 | In case applicant is unable to sign his name, he may affix | ||||||
12 | his mark to the affidavit. In such case the registration | ||||||
13 | officer shall write a detailed description of the applicant in | ||||||
14 | the space provided at the bottom of the card or sheet; and | ||||||
15 | shall ask the following questions and record the answers | ||||||
16 | thereto: | ||||||
17 | Father's first name ......................... | ||||||
18 | Mother's first name ......................... | ||||||
19 | From what address did you last register? .... | ||||||
20 | Reason for inability to sign name ........... | ||||||
21 | Each applicant for registration shall make an affidavit in | ||||||
22 | substantially the following form: | ||||||
23 | AFFIDAVIT OF REGISTRATION | ||||||
24 | State of Illinois )
| ||||||
25 | )ss
| ||||||
26 | County of ....... ) |
| |||||||
| |||||||
1 | I hereby swear (or affirm) that I am a citizen of the | ||||||
2 | United States, that on the day of the next election I shall | ||||||
3 | have resided in the State of Illinois and in the election | ||||||
4 | precinct 30 days and that I intend that this location is my | ||||||
5 | residence; that I am fully qualified to vote, and that the | ||||||
6 | above statements are true. | ||||||
7 | .............................. | ||||||
8 | (His or her signature or mark) | ||||||
9 | Subscribed and sworn to before me on (insert date). | ||||||
10 | ......................................
| ||||||
11 | Signature of registration officer
| ||||||
12 | (to be signed in presence of registrant). | ||||||
13 | Space shall be provided upon the face of each registration | ||||||
14 | record card for the notation of the voting record of the person | ||||||
15 | registered thereon. | ||||||
16 | Each registration record card shall be numbered according | ||||||
17 | to wards or precincts, as the case may be, and may be serially | ||||||
18 | or otherwise marked for identification in such manner as the | ||||||
19 | Board of Election Commissioners may determine. | ||||||
20 | The registration cards shall be deemed public records and | ||||||
21 | shall be open to inspection during regular business hours, | ||||||
22 | except during the 27 days immediately preceding any election. | ||||||
23 | On written request of any candidate or objector or any person | ||||||
24 | intending to object to a petition, the election authority | ||||||
25 | shall extend its hours for inspection of registration cards | ||||||
26 | and other records of the election authority during the period |
| |||||||
| |||||||
1 | beginning with the filing of petitions under Sections 7-10, | ||||||
2 | 8-8, 10-6 or 28-3 and continuing through the termination of | ||||||
3 | electoral board hearings on any objections to petitions | ||||||
4 | containing signatures of registered voters in the jurisdiction | ||||||
5 | of the election authority. The extension shall be for a period | ||||||
6 | of hours sufficient to allow adequate opportunity for | ||||||
7 | examination of the records but the election authority is not | ||||||
8 | required to extend its hours beyond the period beginning at | ||||||
9 | its normal opening for business and ending at midnight. If the | ||||||
10 | business hours are so extended, the election authority shall | ||||||
11 | post a public notice of such extended hours. Registration | ||||||
12 | record cards may also be inspected, upon approval of the | ||||||
13 | officer in charge of the cards, during the 27 days immediately | ||||||
14 | preceding any election. Registration record cards shall also | ||||||
15 | be open to inspection by certified judges and poll watchers | ||||||
16 | and challengers at the polling place on election day, but only | ||||||
17 | to the extent necessary to determine the question of the right | ||||||
18 | of a person to vote or to serve as a judge of election. At no | ||||||
19 | time shall poll watchers or challengers be allowed to | ||||||
20 | physically handle the registration record cards. | ||||||
21 | Updated copies of computer tapes or computer discs or | ||||||
22 | other electronic data processing information containing voter | ||||||
23 | registration information shall be furnished by the Board of | ||||||
24 | Election Commissioners within 10 days after December 15 and | ||||||
25 | May 15 each year and within 10 days after each registration | ||||||
26 | period is closed to the State Board of Elections in a form |
| |||||||
| |||||||
1 | prescribed by the State Board. For the purposes of this | ||||||
2 | Section, a registration period is closed 27 days before the | ||||||
3 | date of any regular or special election. Registration | ||||||
4 | information shall include, but not be limited to, the | ||||||
5 | following information: name, sex, residence, telephone number, | ||||||
6 | if any, age, party affiliation, if applicable, precinct, ward, | ||||||
7 | township, county, and representative, legislative and | ||||||
8 | congressional districts. In the event of noncompliance, the | ||||||
9 | State Board of Elections is directed to obtain compliance | ||||||
10 | forthwith with this nondiscretionary duty of the election | ||||||
11 | authority by instituting legal proceedings in the circuit | ||||||
12 | court of the county in which the election authority maintains | ||||||
13 | the registration information. The costs of furnishing updated | ||||||
14 | copies of tapes or discs shall be paid at a rate of $.00034 per | ||||||
15 | name of registered voters in the election jurisdiction, but | ||||||
16 | not less than $50 per tape or disc and shall be paid from | ||||||
17 | appropriations made to the State Board of Elections for | ||||||
18 | reimbursement to the election authority for such purpose. The | ||||||
19 | State Board shall furnish copies of such tapes, discs, other | ||||||
20 | electronic data or compilations thereof to state political | ||||||
21 | committees registered pursuant to the Illinois Campaign | ||||||
22 | Finance Act or the Federal Election Campaign Act and to | ||||||
23 | governmental entities, at their request and at a reasonable | ||||||
24 | cost. To protect the privacy and confidentiality of voter | ||||||
25 | registration information, the disclosure of electronic voter | ||||||
26 | registration records to any person or entity other than to a |
| |||||||
| |||||||
1 | State or local political committee and other than to a | ||||||
2 | governmental entity for a governmental purpose is specifically | ||||||
3 | prohibited except as described in Section 6-106 or as follows: | ||||||
4 | subject to security measures adopted by the State Board of | ||||||
5 | Elections which, at a minimum, shall include the keeping of a | ||||||
6 | catalog or database, available for public view, including the | ||||||
7 | name, address, and telephone number of the person viewing the | ||||||
8 | list as well as the time of that viewing, any person may view | ||||||
9 | the centralized statewide voter registration list on a | ||||||
10 | computer screen at the Springfield office of the State Board | ||||||
11 | of Elections, during normal business hours other than during | ||||||
12 | the 27 days before an election, but the person viewing the list | ||||||
13 | under this exception may not print, duplicate, transmit, or | ||||||
14 | alter the list. Copies of the tapes, discs or other electronic | ||||||
15 | data shall be furnished by the Board of Election Commissioners | ||||||
16 | to local political committees and governmental entities at | ||||||
17 | their request and at a reasonable cost. Reasonable cost of the | ||||||
18 | tapes, discs, et cetera for this purpose would be the cost of | ||||||
19 | duplication plus 15% for administration. The individual | ||||||
20 | representing a political committee requesting copies of such | ||||||
21 | tapes shall make a sworn affidavit that the information shall | ||||||
22 | be used only for bona fide political purposes, including by or | ||||||
23 | for candidates for office or incumbent office holders. Such | ||||||
24 | tapes, discs or other electronic data shall not be used under | ||||||
25 | any circumstances by any political committee or individuals | ||||||
26 | for purposes of commercial solicitation or other business |
| |||||||
| |||||||
1 | purposes. If such tapes contain information on county | ||||||
2 | residents related to the operations of county government in | ||||||
3 | addition to registration information, that information shall | ||||||
4 | not be used under any circumstances for commercial | ||||||
5 | solicitation or other business purposes. The prohibition in | ||||||
6 | this Section against using the computer tapes or computer | ||||||
7 | discs or other electronic data processing information | ||||||
8 | containing voter registration information for purposes of | ||||||
9 | commercial solicitation or other business purposes shall be | ||||||
10 | prospective only from the effective date of this amended Act | ||||||
11 | of 1979. Any person who violates this provision shall be | ||||||
12 | guilty of a Class 4 felony. | ||||||
13 | The State Board of Elections shall promulgate, by October | ||||||
14 | 1, 1987, such regulations as may be necessary to ensure | ||||||
15 | uniformity throughout the State in electronic data processing | ||||||
16 | of voter registration information. The regulations shall | ||||||
17 | include, but need not be limited to, specifications for | ||||||
18 | uniform medium, communications protocol and file structure to | ||||||
19 | be employed by the election authorities of this State in the | ||||||
20 | electronic data processing of voter registration information. | ||||||
21 | Each election authority utilizing electronic data processing | ||||||
22 | of voter registration information shall comply with such | ||||||
23 | regulations on and after May 15, 1988. | ||||||
24 | If the applicant for registration was last registered in | ||||||
25 | another county within this State, he shall also sign a | ||||||
26 | certificate authorizing cancellation of the former |
| |||||||
| |||||||
1 | registration. The certificate shall be in substantially the | ||||||
2 | following form: | ||||||
3 | To the County Clerk of .... County, Illinois. | ||||||
4 | To the Election Commission of the City of ...., Illinois. | ||||||
5 | This is to certify that I am registered in your (county) | ||||||
6 | (city) and that my residence was ..... Having moved out of your | ||||||
7 | (county), (city), I hereby authorize you to cancel that | ||||||
8 | registration in your office. | ||||||
9 | Dated at ...., Illinois, on (insert date). | ||||||
10 | .................... | ||||||
11 | (Signature of Voter) | ||||||
12 | Attest ...., Clerk, Election Commission of the City | ||||||
13 | of...., Illinois. | ||||||
14 | The cancellation certificate shall be mailed immediately | ||||||
15 | by the clerk of the Election Commission to the county clerk, | ||||||
16 | (or Election Commission as the case may be) where the | ||||||
17 | applicant was formerly registered. Receipt of such certificate | ||||||
18 | shall be full authority for cancellation of any previous | ||||||
19 | registration. | ||||||
20 | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.) | ||||||
21 | (10 ILCS 5/6-106 new) | ||||||
22 | Sec. 6-106. Voter registration records for the general | ||||||
23 | public. Except during the 27 days immediately preceding any | ||||||
24 | election, the State Board of Elections may furnish in | ||||||
25 | accordance with this Section electronic voter registration |
| |||||||
| |||||||
1 | records at a reasonable cost to any person who makes a sworn | ||||||
2 | affidavit that the list will solely be used for bona fide | ||||||
3 | election purposes and shall not be used for commercial | ||||||
4 | purposes. Electronic voter registration records furnished to | ||||||
5 | members of the public shall not disclose the email address, | ||||||
6 | birth day, birth month, Illinois driver's license number, | ||||||
7 | Illinois identification card number, street number, or social | ||||||
8 | security number of any voter, but shall disclose birth year. | ||||||
9 | The reasonable cost of voter registration records furnished | ||||||
10 | under this Section shall be the cost of duplication plus a 15% | ||||||
11 | fee for administration. No sooner than 14 days after a request | ||||||
12 | for voter registration records is made under this Section, the | ||||||
13 | State Board of Elections shall publicly disclose the request | ||||||
14 | on a publicly accessible website regardless of whether the | ||||||
15 | request was approved or denied. | ||||||
16 | Voter registration records shall be furnished without | ||||||
17 | charge or at a reduced charge, as determined by the State Board | ||||||
18 | of Elections, if the person requesting the records makes the | ||||||
19 | request on behalf of an entity that is exempt from income | ||||||
20 | taxation under Section 501(c)(3) of the Internal Revenue Code | ||||||
21 | of 1986, states the specific purpose for the request, and | ||||||
22 | indicates that a waiver or reduction of the fee is in the | ||||||
23 | public interest. A waiver or reduction of the fee is in the | ||||||
24 | public interest if the principle purpose of the request is to | ||||||
25 | access and disseminate information regarding the legal voting | ||||||
26 | rights of the general public. In setting the amount of waiver |
| |||||||
| |||||||
1 | or reduction of the fee, the State Board of Elections may take | ||||||
2 | into consideration the amount of materials requested and the | ||||||
3 | cost of copying them. | ||||||
4 | Voter registration records or data shall be limited to | ||||||
5 | bona fide election purposes and shall not be used for any | ||||||
6 | personal, private, or commercial purpose, including, but not | ||||||
7 | limited to, the intimidation, threat, or deception of any | ||||||
8 | person or the advertising, solicitation, sale, or marketing of | ||||||
9 | products or services. | ||||||
10 | A recipient of voter registration records or data shall | ||||||
11 | not place the records or data on the Internet with | ||||||
12 | unrestricted access. Voter registration records or data shall | ||||||
13 | not be furnished to any person residing outside of the United | ||||||
14 | States. Any person who knowingly violates this Section shall | ||||||
15 | be guilty of a Class 4 felony. A governmental entity, or | ||||||
16 | officer or employee thereof, shall not be held civilly liable | ||||||
17 | as a result of disclosure of the information referred to in | ||||||
18 | this Section, unless by a showing of gross negligence or | ||||||
19 | willfulness. The State Board of Elections shall deny a request | ||||||
20 | made under this Section to any person or entity that has | ||||||
21 | violated this Section. |