96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0087

 

Introduced 1/14/2009, by Rep. Lou Lang

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-6   from Ch. 46, par. 4-6
10 ILCS 5/4-6.1   from Ch. 46, par. 4-6.1
10 ILCS 5/5-5   from Ch. 46, par. 5-5
10 ILCS 5/5-16.1   from Ch. 46, par. 5-16.1
10 ILCS 5/6-29   from Ch. 46, par. 6-29
10 ILCS 5/6-50   from Ch. 46, par. 6-50
10 ILCS 5/6-50.1   from Ch. 46, par. 6-50.1

    Amends the Election Code. Requires election authorities to provide voter registration in precincts on election day. Effective immediately.


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A BILL FOR

 

HB0087 LRB096 03093 JAM 13109 b

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 4-6, 4-6.1, 5-5, 5-16.1, 6-29, 6-50, and 6-50.1 as
6 follows:
 
7     (10 ILCS 5/4-6)  (from Ch. 46, par. 4-6)
8     Sec. 4-6. For the purpose of registering voters under this
9 Article in addition to the method provided for precinct
10 registration under Section 4-7, the office of the county clerk
11 shall be open every day, except Saturday, Sunday, and legal
12 holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the hours of
13 registration shall be from 9:00 a.m. to 12:00 noon, and such
14 additional hours as the county clerk may designate. If,
15 however, the county board otherwise duly regulates and fixes
16 the hours of opening and closing of all county offices at the
17 county seat of any county, such regulation shall control and
18 supersede the hours herein specified. There shall be no
19 registration at the office of the county clerk or at the office
20 of municipal and township or road district clerks serving as
21 deputy registrars during the 27 days preceding any regular or
22 special election at which the cards provided in this Article
23 are used, or until the 2nd day following such regular or

 

 

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1 special election; provided, that if by reason of the proximity
2 of any such elections to one another the effect of this
3 provision would be to close registrations for all or any part
4 of the 10 days immediately prior to such 27 day period, the
5 county clerk shall accept, solely for use in the subsequent and
6 not in any intervening election, registrations and transfers of
7 registration within the period from the 27th to the 38th days,
8 both inclusive, prior to such subsequent election. In any
9 election called for the submission of the revision or
10 alteration of, or the amendments to the Constitution, submitted
11 by a Constitutional Convention, the final day for registration
12 at the office of the election authority charged with the
13 printing of the ballot of this election shall be the 15th day
14 prior to the date of election.
15     Any qualified person residing within the county or any
16 portion thereof subject to this Article may register or
17 re-register with the county clerk. The county clerk shall
18 provide for precinct registration on election day. A person
19 registering on election day must be a resident of the precinct
20 in which he or she registers.
21     Each county clerk shall appoint one or more registration or
22 re-registration teams for the purpose of accepting the
23 registration or re-registration of any voter who files an
24 affidavit that he is physically unable to appear at any
25 appointed place of registration or re-registration. Each team
26 shall consist of one member of each political party having the

 

 

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1 highest and second highest number of registered voters in the
2 county. The county clerk shall designate a team to visit each
3 disabled person and shall accept the registration or
4 re-registration of each such person as if he had applied for
5 registration or re-registration at the office of the county
6 clerk.
7     As used in this Article, "deputy registrars" and
8 "registration officers" mean any person authorized to accept
9 registrations of electors under this Article.
10 (Source: P.A. 92-816, eff. 8-21-02.)
 
11     (10 ILCS 5/4-6.1)  (from Ch. 46, par. 4-6.1)
12     Sec. 4-6.1. In addition to registration at the office of
13 the county clerk, and at the offices of municipal and township
14 or road district clerks, each county clerk shall provide for
15 the following additional methods of registration:
16         (1) the appointment of deputy registrars as provided in
17     Section 4-6.2; and
18         (2) the establishment of temporary places of
19     registration, as provided in Section 4-6.3.
20     Each county clerk may provide for precinct registration
21 pursuant to Section 4-7 in addition to precinct registration on
22 election day as provided in Section 4-6.
23 (Source: P.A. 91-357, eff. 7-29-99.)
 
24     (10 ILCS 5/5-5)  (from Ch. 46, par. 5-5)

 

 

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1     Sec. 5-5. For the purpose of registering voters under this
2 Article 5, in addition to the method provided for precinct
3 registration under Sections 5-6 and 5-17 of this Article 5, the
4 office of the county clerk shall be open between 9:00 a. m. and
5 5:00 p. m. on all days except Saturday, Sunday and holidays,
6 but there shall be no registration at such office during the 35
7 days immediately preceding any election required to be held
8 under the law but if no precinct registration is being
9 conducted prior to any election then registration may be taken
10 in the office of the county clerk up to and including the 28th
11 day prior to an election. On Saturdays, the hours of
12 registration shall be from 9:00 a. m. to 12:00 p. m. noon.
13 During such 35 or 27 day period, registration of electors of
14 political subdivisions wherein a regular, or special election
15 is required to be held shall cease and shall not be resumed for
16 the registration of electors of such political subdivisions
17 until the second day following the day of such election. In any
18 election called for the submission of the revision or
19 alteration of, or the amendments to the Constitution, submitted
20 by a Constitutional Convention, the final day for registration
21 at the office of the election authority charged with the
22 printing of the ballot of this election shall be the 15th day
23 prior to the date of the election. The county clerk shall
24 provide for precinct registration on election day. A person
25 registering on election day must be a resident of the precinct
26 in which he or she registers.

 

 

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1     Each county clerk shall appoint one deputy for the purpose
2 of accepting the registration of any voter who files an
3 affidavit that he is physically unable to appear at any
4 appointed place of registration. The county clerk shall
5 designate a deputy to visit each disabled person and shall
6 accept the registration of each such person as if he had
7 applied for registration at the office of the county clerk.
8     The offices of city, village, incorporated town and town
9 clerks shall also be open for the purpose of registering voters
10 residing in the territory in which this Article is in effect,
11 and also, in the case of city, village and incorporated town
12 clerks, for the purpose of registering voters residing in a
13 portion of the city, village or incorporated town not located
14 within the county, on all days on which the office of the
15 county clerk is open for the registration of voters of such
16 cities, villages, incorporated towns and townships.
17 (Source: P.A. 92-816, eff. 8-21-02.)
 
18     (10 ILCS 5/5-16.1)  (from Ch. 46, par. 5-16.1)
19     Sec. 5-16.1. In addition to registration at the office of
20 the county clerk and at the offices of municipal and township
21 clerks, each county subject to this Article shall provide for
22 the following methods of registration:
23     (1) The appointment of deputy registrars as provided in
24 Section 5-16.2;
25     (2) The establishment of temporary places of registration

 

 

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1 as provided in Section 5-16.3.
2     Each county subject to this Article may provide for
3 precinct registration pursuant to Section 5-17 in addition to
4 precinct registration on election day as provided in Section
5 5-5.
6 (Source: P.A. 83-1059.)
 
7     (10 ILCS 5/6-29)  (from Ch. 46, par. 6-29)
8     Sec. 6-29. For the purpose of registering voters under this
9 Article, the office of the Board of Election Commissioners
10 shall be open during ordinary business hours of each week day,
11 from 9 a.m. to 12 o'clock noon on the last four Saturdays
12 immediately preceding the end of the period of registration
13 preceding each election, and such other days and such other
14 times as the board may direct. During the 27 days immediately
15 preceding any election there shall be no registration of voters
16 at the office of the Board of Election Commissioners in cities,
17 villages and incorporated towns of fewer than 200,000
18 inhabitants. In cities, villages and incorporated towns of
19 200,000 or more inhabitants, there shall be no registration of
20 voters at the office of the Board of Election Commissioners
21 during the 35 days immediately preceding any election;
22 provided, however, where no precinct registration is being
23 conducted prior to any election then registration may be taken
24 in the office of the Board up to and including the 28th day
25 prior to such election. The Board of Election Commissioners may

 

 

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1 set up and establish as many branch offices for the purpose of
2 taking registrations as it may deem necessary, and the branch
3 offices may be open on any or all dates and hours during which
4 registrations may be taken in the main office. All officers and
5 employees of the Board of Election Commissioners who are
6 authorized by such board to take registrations under this
7 Article shall be considered officers of the circuit court, and
8 shall be subject to the same control as is provided by Section
9 14-5 of this Act with respect to judges of election.
10     In any election called for the submission of the revision
11 or alteration of, or the amendments to the Constitution,
12 submitted by a Constitutional Convention, the final day for
13 registration at the office of the election authority charged
14 with the printing of the ballot of this election shall be the
15 15th day prior to the date of election.
16     The board shall provide for precinct registration on
17 election day. A person registering on election day must be a
18 resident of the precinct in which he or she registers.
19     The board of Election Commissioners shall appoint one or
20 more registration teams, consisting of 2 of its employees for
21 each team, for the purpose of accepting the registration of any
22 voter who files an affidavit, within the period for taking
23 registrations provided for in this article, that he is
24 physically unable to appear at the office of the Board or at
25 any appointed place of registration. On the day or days when a
26 precinct registration is being conducted such teams shall

 

 

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1 consist of one member from each of the 2 leading political
2 parties who are serving on the Precinct Registration Board.
3 Each team so designated shall visit each disabled person and
4 shall accept the registration of such person the same as if he
5 had applied for registration in person.
6     Any otherwise qualified person who is absent from his
7 county of residence due to business of the United States, or
8 who is temporarily residing outside the territorial limits of
9 the United States, may make application to become registered by
10 mail to the Board of Election Commissioners within the periods
11 for registration provided for in this Article or by
12 simultaneous application for absentee registration and
13 absentee ballot as provided in Article 20 of this Code.
14     Upon receipt of such application the Board of Election
15 Commissioners shall immediately mail an affidavit of
16 registration in duplicate, which affidavit shall contain the
17 following and such other information as the State Board of
18 Elections may think it proper to require for the identification
19 of the applicant:
20     Name. The name of the applicant, giving surname and first
21 or Christian name in full, and the middle name or the initial
22 for such middle name, if any.
23     Sex.
24     Residence. The name and number of the street, avenue or
25 other location of the dwelling, and such additional clear and
26 definite description as may be necessary to determine the exact

 

 

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1 location of the dwelling of the applicant. Where the location
2 cannot be determined by street and number, then the section,
3 congressional township and range number may be used, or such
4 other information as may be necessary, including post office
5 mailing address.
6     Term of residence in the State of Illinois and the
7 precinct.
8     Nativity. The state or country in which the applicant was
9 born.
10     Citizenship. Whether the applicant is native born or
11 naturalized. If naturalized, the court, place and date of
12 naturalization.
13     Age. Date of birth, by month, day and year.
14     Out of State address of ..................
15     
AFFIDAVIT OF REGISTRATION
16 State of .........)
17                   ) ss.
18 County of ........)
19     I hereby swear (or affirm) that I am a citizen of the
20 United States; that on the day of the next election I shall
21 have resided in the State of Illinois and in the election
22 precinct 30 days; that I am fully qualified to vote, that I am
23 not registered to vote anywhere else in the United States, that
24 I intend to remain a resident of the State of Illinois, and of
25 the election precinct, that I intend to return to the State of
26 Illinois, and that the above statements are true.

 

 

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1
..............................
2
(His or her signature or mark)
3     Subscribed and sworn to before me, an officer qualified to
4 administer oaths, on (insert date).
5
........................................
6
Signature of officer administering oath.
7     Upon receipt of the executed duplicate affidavit of
8 Registration, the Board of Election Commissioners shall
9 transfer the information contained thereon to duplicate
10 Registration Cards provided for in Section 6-35 of this Article
11 and shall attach thereto a copy of each of the duplicate
12 affidavit of registration and thereafter such registration
13 card and affidavit shall constitute the registration of such
14 person the same as if he had applied for registration in
15 person.
16 (Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
 
17     (10 ILCS 5/6-50)  (from Ch. 46, par. 6-50)
18     Sec. 6-50. The office of the board of election
19 commissioners shall be open during ordinary business hours of
20 each week day, from 9 a.m. to 12 o'clock noon on the last four
21 Saturdays immediately preceding the end of the period of
22 registration preceding each election, and such other days and
23 such other times as the board may direct. There shall be no
24 registration at the office of the board of election
25 commissioners in cities, villages and incorporated towns of

 

 

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1 fewer than 200,000 inhabitants during the 27 days preceding any
2 primary, regular or special election at which the cards
3 provided for in this article are used, or until the second day
4 following such primary, regular or special election. In cities,
5 villages and incorporated towns of 200,000 or more inhabitants,
6 there shall be no registration of voters at the office of the
7 board of election commissioners during the 35 days immediately
8 preceding any election; provided, however, where no precinct
9 registration is being conducted prior to any election then
10 registration may be taken in the office of the board up to and
11 including the 28th day prior to such election. In any election
12 called for the submission of the revision or alteration of, or
13 the amendments to the Constitution, submitted by a
14 Constitutional Convention, the final day for registration at
15 the office of the election authority charged with the printing
16 of the ballot of this election shall be the 15th day prior to
17 the date of election.
18     The board shall provide for precinct registration on
19 election day. A person registering on election day must be a
20 resident of the precinct in which he or she registers.
21     The Board of Election Commissioners shall appoint one or
22 more registration teams, each consisting of one member from
23 each of the 2 leading political parties, for the purpose of
24 accepting the registration of any voter who files an affidavit,
25 within the period for taking registrations provided for in this
26 Article, that he is physically unable to appear at the office

 

 

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1 of the Board or at any appointed place of registration. On the
2 day or days when a precinct registration is being conducted
3 such teams shall consist of one member from each of the 2
4 leading political parties who are serving on the precinct
5 registration board. Each team so designated shall visit each
6 disabled person and shall accept the registration of such
7 person the same as if he had applied for registration in
8 person.
9     The office of the board of election commissioners may be
10 designated as a place of registration under Section 6-51 of
11 this Article and, if so designated, may also be open for
12 purposes of registration on such day or days as may be
13 specified by the board of election commissioners under the
14 provisions of that Section.
15 (Source: P.A. 92-816, eff. 8-21-02.)
 
16     (10 ILCS 5/6-50.1)  (from Ch. 46, par. 6-50.1)
17     Sec. 6-50.1. In addition to registration at the office of
18 the board of election commissioners, the board of election
19 commissioners shall provide the following methods of
20 registration:
21     (1) The appointment of deputy registrars as provided in
22 Section 6-50.2;
23     (2) The establishment of temporary places of registration
24 as provided in Section 6-50.3.
25     The board of election commissioners may provide for

 

 

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1 registration pursuant to Section 6-51 in addition to precinct
2 registration on election day as provided in Section 6-50.
3 (Source: P.A. 83-1059.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.