99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2836

 

Introduced 2/17/2016, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-3  from Ch. 46, par. 1-3
10 ILCS 5/1-13 new
10 ILCS 5/1A-16.5
10 ILCS 5/4-8  from Ch. 46, par. 4-8
10 ILCS 5/4-20  from Ch. 46, par. 4-20
10 ILCS 5/4-33
10 ILCS 5/5-7  from Ch. 46, par. 5-7
10 ILCS 5/5-28  from Ch. 46, par. 5-28
10 ILCS 5/5-43
10 ILCS 5/6-35  from Ch. 46, par. 6-35
10 ILCS 5/6-65  from Ch. 46, par. 6-65
10 ILCS 5/6-79
10 ILCS 5/20-8  from Ch. 46, par. 20-8

    Amends the Election Code. Provides that the making and signing of any form may be by a signature in ink or in digitized form. Provides that all applications submitted on a website maintained by the State Board of Elections shall be deemed timely filed if they are submitted no later than 11:59 p.m. on the 16th day (instead of on the final day for voter registration) prior to an election. Provides that each vote by mail voter's ballot returned to an election authority, by any means authorized by the Code, and received by that election authority may be processed by the election authority beginning on the day it is received by the election authority (instead of the 15th day before election day) in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as otherwise provided. Provides that voter registration master files may be kept in a computer-based file or paper format. Provides that the digital voter registration files shall be searchable and remain current with all registration activity conducted by the county clerk or election authority. Makes various changes concerning digital signatures. Effective immediately.


LRB099 20385 MLM 44870 b

 

 

A BILL FOR

 

SB2836LRB099 20385 MLM 44870 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1-3, 1A-16.5, 4-8, 4-20, 4-33, 5-7, 5-28, 5-43, 6-35,
66-65, 6-79, and 20-8 and by adding Section 1-13 as follows:
 
7    (10 ILCS 5/1-3)  (from Ch. 46, par. 1-3)
8    Sec. 1-3. As used in this Act, unless the context otherwise
9requires:
10    1. "Election" includes the submission of all questions of
11public policy, propositions, and all measures submitted to
12popular vote, and includes primary elections when so indicated
13by the context.
14    2. "Regular election" means the general, general primary,
15consolidated and consolidated primary elections regularly
16scheduled in Article 2A. The even numbered year municipal
17primary established in Article 2A is a regular election only
18with respect to those municipalities in which a primary is
19required to be held on such date.
20    3. "Special election" means an election not regularly
21recurring at fixed intervals, irrespective of whether it is
22held at the same time and place and by the same election
23officers as a regular election.

 

 

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1    4. "General election" means the biennial election at which
2members of the General Assembly are elected. "General primary
3election", "consolidated election" and "consolidated primary
4election" mean the respective elections or the election dates
5designated and established in Article 2A of this Code.
6    5. "Municipal election" means an election or primary,
7either regular or special, in cities, villages, and
8incorporated towns; and "municipality" means any such city,
9village or incorporated town.
10    6. "Political or governmental subdivision" means any unit
11of local government, or school district in which elections are
12or may be held. "Political or governmental subdivision" also
13includes, for election purposes, Regional Boards of School
14Trustees, and Township Boards of School Trustees.
15    7. The word "township" and the word "town" shall apply
16interchangeably to the type of governmental organization
17established in accordance with the provisions of the Township
18Code. The term "incorporated town" shall mean a municipality
19referred to as an incorporated town in the Illinois Municipal
20Code, as now or hereafter amended.
21    8. "Election authority" means a county clerk or a Board of
22Election Commissioners.
23    9. "Election Jurisdiction" means (a) an entire county, in
24the case of a county in which no city board of election
25commissioners is located or which is under the jurisdiction of
26a county board of election commissioners; (b) the territorial

 

 

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1jurisdiction of a city board of election commissioners; and (c)
2the territory in a county outside of the jurisdiction of a city
3board of election commissioners. In each instance election
4jurisdiction shall be determined according to which election
5authority maintains the permanent registration records of
6qualified electors.
7    10. "Local election official" means the clerk or secretary
8of a unit of local government or school district, as the case
9may be, the treasurer of a township board of school trustees,
10and the regional superintendent of schools with respect to the
11various school officer elections and school referenda for which
12the regional superintendent is assigned election duties by The
13School Code, as now or hereafter amended.
14    11. "Judges of election", "primary judges" and similar
15terms, as applied to cases where there are 2 sets of judges,
16when used in connection with duties at an election during the
17hours the polls are open, refer to the team of judges of
18election on duty during such hours; and, when used with
19reference to duties after the closing of the polls, refer to
20the team of tally judges designated to count the vote after the
21closing of the polls and the holdover judges designated
22pursuant to Section 13-6.2 or 14-5.2. In such case, where,
23after the closing of the polls, any act is required to be
24performed by each of the judges of election, it shall be
25performed by each of the tally judges and by each of the
26holdover judges.

 

 

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1    12. "Petition" of candidacy as used in Sections 7-10 and
27-10.1 shall consist of a statement of candidacy, candidate's
3statement containing oath, and sheets containing signatures of
4qualified primary electors bound together.
5    13. "Election district" and "precinct", when used with
6reference to a 30-day residence requirement, means the smallest
7constituent territory in which electors vote as a unit at the
8same polling place in any election governed by this Act.
9    14. "District" means any area which votes as a unit for the
10election of any officer, other than the State or a unit of
11local government or school district, and includes, but is not
12limited to, legislative, congressional and judicial districts,
13judicial circuits, county board districts, municipal and
14sanitary district wards, school board districts, and
15precincts.
16    15. "Question of public policy" or "public question" means
17any question, proposition or measure submitted to the voters at
18an election dealing with subject matter other than the
19nomination or election of candidates and shall include, but is
20not limited to, any bond or tax referendum, and questions
21relating to the Constitution.
22    16. "Ordinance providing the form of government of a
23municipality or county pursuant to Article VII of the
24Constitution" includes ordinances, resolutions and petitions
25adopted by referendum which provide for the form of government,
26the officers or the manner of selection or terms of office of

 

 

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1officers of such municipality or county, pursuant to the
2provisions of Sections 4, 6 or 7 of Article VII of the
3Constitution.
4    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
56-60, and 6-66 shall include a computer tape or computer disc
6or other electronic data processing information containing
7voter information.
8    18. "Accessible" means accessible to persons with
9disabilities and elderly individuals for the purpose of voting
10or registration, as determined by rule of the State Board of
11Elections.
12    19. "Elderly" means 65 years of age or older.
13    20. "Person with a disability" means a person having a
14temporary or permanent physical disability.
15    21. "Leading political party" means one of the two
16political parties whose candidates for governor at the most
17recent three gubernatorial elections received either the
18highest or second highest average number of votes. The
19political party whose candidates for governor received the
20highest average number of votes shall be known as the first
21leading political party and the political party whose
22candidates for governor received the second highest average
23number of votes shall be known as the second leading political
24party.
25    22. "Business day" means any day in which the office of an
26election authority, local election official or the State Board

 

 

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1of Elections is open to the public for a minimum of 7 hours.
2    23. "Homeless individual" means any person who has a
3nontraditional residence, including, but not limited to, a
4shelter, day shelter, park bench, street corner, or space under
5a bridge.
6    24. "Signature" means a name signed in ink or in digitized
7form.
8(Source: P.A. 99-143, eff. 7-27-15.)
 
9    (10 ILCS 5/1-13 new)
10    Sec. 1-13. Forms of signature. The making and signing of
11any form, including an application to register, a certificate
12authorizing cancellation of a registration or authorizing a
13transfer of registration, an application to vote, a provisional
14ballot, or affidavit, may be by a signature written in ink or
15in digitized form.
 
16    (10 ILCS 5/1A-16.5)
17    Sec. 1A-16.5. Online voter registration.
18    (a) The State Board of Elections shall establish and
19maintain a system for online voter registration that permits a
20person to apply to register to vote or to update his or her
21existing voter registration. In accordance with technical
22specifications provided by the State Board of Elections, each
23election authority shall maintain a voter registration system
24capable of receiving and processing voter registration

 

 

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1application information, including electronic signatures, from
2the online voter registration system established by the State
3Board of Elections.
4    (b) The online voter registration system shall employ
5security measures to ensure the accuracy and integrity of voter
6registration applications submitted electronically pursuant to
7this Section.
8    (c) The Board may receive voter registration information
9provided by applicants using the State Board of Elections'
10website, may cross reference that information with data or
11information contained in the Secretary of State's database in
12order to match the information submitted by applicants, and may
13receive from the Secretary of State the applicant's digitized
14signature upon a successful match of that applicant's
15information with that contained in the Secretary of State's
16database.
17    (d) Notwithstanding any other provision of law, a person
18who is qualified to register to vote and who has an authentic
19Illinois driver's license or State identification card issued
20by the Secretary of State may submit an application to register
21to vote electronically on a website maintained by the State
22Board of Elections.
23    (e) An online voter registration application shall contain
24all of the information that is required for a paper application
25as provided in Section 1A-16 of this Code, except that the
26applicant shall be required to provide:

 

 

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1        (1) the applicant's full Illinois driver's license or
2    State identification card number;
3        (2) the last 4 digits of the applicant's social
4    security number; and
5        (3) the date the Illinois driver's license or State
6    identification card was issued.
7    (f) For an applicant's registration or change in
8registration to be accepted, the applicant shall mark the box
9associated with the following statement included as part of the
10online voter registration application:
11    "By clicking on the box below, I swear or affirm all of the
12following:
13    (1) I am the person whose name and identifying information
14is provided on this form, and I desire to register to vote in
15the State of Illinois.
16    (2) All the information I have provided on this form is
17true and correct as of the date I am submitting this form.
18    (3) I authorize the Secretary of State to transmit to the
19State Board of Elections my signature that is on file with the
20Secretary of State and understand that such signature will be
21used by my local election authority on this online voter
22registration application for admission as an elector as if I
23had signed this form personally.".
24    (g) Immediately upon receiving a completed online voter
25registration application, the online voter registration system
26shall send, by electronic mail, a confirmation notice that the

 

 

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1application has been received. Within 48 hours of receiving
2such an application, the online voter registration system shall
3send by electronic mail, a notice informing the applicant of
4whether the following information has been matched with the
5Secretary of State database:
6        (1) that the applicant has an authentic Illinois
7    driver's license or State identification card issued by the
8    Secretary of State and that the driver's license or State
9    identification number provided by the applicant matches
10    the driver's license or State identification card number
11    for that person on file with the Secretary of State;
12        (2) that the date of issuance of the Illinois driver's
13    license or State identification card listed on the
14    application matches the date of issuance of that card for
15    that person on file with the Secretary of State;
16        (3) that the date of birth provided by the applicant
17    matches the date of birth for that person on file with the
18    Secretary of State; and
19        (4) that the last 4 digits of the applicant's social
20    security number matches the last 4 digits for that person
21    on file with the Secretary of State.
22    (h) If the information provided by the applicant matches
23the information on the Secretary of State's databases for any
24driver's license and State identification card holder and is
25matched as provided in subsection (g) above, the online voter
26registration system shall:

 

 

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1        (1) retrieve from the Secretary of State's database
2    files an electronic copy of the applicant's signature from
3    his or her Illinois driver's license or State
4    identification card and such signature shall be deemed to
5    be the applicant's signature on his or her online voter
6    registration application;
7        (2) within 2 days of receiving the application, forward
8    to the county clerk or board of election commissioners
9    having jurisdiction over the applicant's voter
10    registration: (i) the application, along with the
11    applicant's relevant data that can be directly loaded into
12    the jurisdiction's voter registration system and (ii) a
13    copy of the applicant's electronic signature and a
14    certification from the State Board of Elections that the
15    applicant's driver's license or State identification card
16    number, driver's license or State identification card date
17    of issuance, and date of birth and social security
18    information have been successfully matched.
19    (i) Upon receipt of the online voter registration
20application, the county clerk or board of election
21commissioners having jurisdiction over the applicant's voter
22registration shall promptly search its voter registration
23database to determine whether the applicant is already
24registered to vote at the address on the application and
25whether the new registration would create a duplicate
26registration. If the applicant is already registered to vote at

 

 

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1the address on the application, the clerk or board, as the case
2may be, shall send the applicant by first class mail, and
3electronic mail if the applicant has provided an electronic
4mail address on the original voter registration form for that
5address, a disposition notice as otherwise required by law
6informing the applicant that he or she is already registered to
7vote at such address. If the applicant is not already
8registered to vote at the address on the application and the
9applicant is otherwise eligible to register to vote, the clerk
10or board, as the case may be, shall:
11        (1) enter the name and address of the applicant on the
12    list of registered voters in the jurisdiction; and
13        (2) send by mail, and electronic mail if the applicant
14    has provided an electronic mail address on the voter
15    registration form, a disposition notice to the applicant as
16    otherwise provided by law setting forth the applicant's
17    name and address as it appears on the application and
18    stating that the person is registered to vote.
19    (j) An electronic signature of the person submitting a
20duplicate registration application or a change of address form
21that is retrieved and imported from the Secretary of State's
22driver's license or State identification card database as
23provided herein may, in the discretion of the clerk or board,
24be substituted for and replace any existing signature for that
25individual in the voter registration database of the county
26clerk or board of election commissioners.

 

 

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1    (k) Any new registration or change of address submitted
2electronically as provided in this Section shall become
3effective as of the date it is received by the county clerk or
4board of election commissioners having jurisdiction over said
5registration. Disposition notices prescribed in this Section
6shall be sent within 5 business days of receipt of the online
7application or change of address by the county clerk or board
8of election commissioners.
9    (l) All provisions of this Code governing voter
10registration and applicable thereto and not inconsistent with
11this Section shall apply to online voter registration under
12this Section. All applications submitted on a website
13maintained by the State Board of Elections shall be deemed
14timely filed if they are submitted no later than 11:59 p.m. on
15the 16th day final day for voter registration prior to an
16election. After the registration period for an upcoming
17election has ended and until the 2nd day following such
18election, the web page containing the online voter registration
19form on the State Board of Elections website shall inform users
20of the procedure for grace period voting.
21    (m) The State Board of Elections shall maintain a list of
22the name, street address, e-mail address, and likely precinct,
23ward, township, and district numbers, as the case may be, of
24people who apply to vote online through the voter registration
25system and those names and that information shall be stored in
26an electronic format on its website, arranged by county and

 

 

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1accessible to State and local political committees.
2    (n) The Illinois State Board of Elections shall develop or
3cause to be developed an online voter registration system able
4to be accessed by at least the top two most used mobile
5electronic operating systems by January 1, 2016.
6    (o) (Blank).
7    (p) Each State department that maintains an Internet
8website must include a hypertext link to the homepage website
9maintained and operated pursuant to this Section 1A-16.5. For
10the purposes of this Section, "State department" means the
11departments of State Government listed in Section 5-15 of the
12Civil Administrative Code of Illinois (General Provisions and
13Departments of State Government).
14(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14;
1598-1171, eff. 6-1-15.)
 
16    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
17    Sec. 4-8. The county clerk shall provide a sufficient
18number of blank forms for the registration of electors, which
19shall be known as registration record cards and which shall
20consist of loose leaf sheets or cards, of suitable size to
21contain in plain writing and figures the data hereinafter
22required thereon or shall consist of computer cards of suitable
23nature to contain the data required thereon. The registration
24record cards, which shall include an affidavit of registration
25as hereinafter provided, shall be executed in duplicate.

 

 

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1    The registration record card shall contain the following
2and such other information as the county clerk may think it
3proper to require for the identification of the applicant for
4registration:
5    Name. The name of the applicant, giving surname and first
6or Christian name in full, and the middle name or the initial
7for such middle name, if any.
8    Sex.
9    Residence. The name and number of the street, avenue, or
10other location of the dwelling, including the apartment, unit
11or room number, if any, and in the case of a mobile home the lot
12number, and such additional clear and definite description as
13may be necessary to determine the exact location of the
14dwelling of the applicant. Where the location cannot be
15determined by street and number, then the section,
16congressional township and range number may be used, or such
17other description as may be necessary, including post-office
18mailing address. In the case of a homeless individual, the
19individual's voting residence that is his or her mailing
20address shall be included on his or her registration record
21card.
22    Term of residence in the State of Illinois and precinct.
23This information shall be furnished by the applicant stating
24the place or places where he resided and the dates during which
25he resided in such place or places during the year next
26preceding the date of the next ensuing election.

 

 

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1    Nativity. The state or country in which the applicant was
2born.
3    Citizenship. Whether the applicant is native born or
4naturalized. If naturalized, the court, place, and date of
5naturalization.
6    Date of application for registration, i.e., the day, month
7and year when applicant presented himself for registration.
8    Age. Date of birth, by month, day and year.
9    Physical disability of the applicant, if any, at the time
10of registration, which would require assistance in voting.
11    The county and state in which the applicant was last
12registered.
13    Electronic mail address, if any.
14    Signature of voter. The applicant, after the registration
15and in the presence of a deputy registrar or other officer of
16registration shall be required to sign his or her name in ink
17or digitized form to the affidavit on both the original and
18duplicate registration record cards.
19    Signature of deputy registrar or officer of registration.
20    In case applicant is unable to sign his name, he may affix
21his mark to the affidavit. In such case the officer empowered
22to give the registration oath shall write a detailed
23description of the applicant in the space provided on the back
24or at the bottom of the card or sheet; and shall ask the
25following questions and record the answers thereto:
26    Father's first name.

 

 

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1    Mother's first name.
2    From what address did the applicant last register?
3    Reason for inability to sign name.
4    Each applicant for registration shall make an affidavit in
5substantially the following form:
6
AFFIDAVIT OF REGISTRATION
7STATE OF ILLINOIS
8COUNTY OF .......
9    I hereby swear (or affirm) that I am a citizen of the
10United States; that on the date of the next election I shall
11have resided in the State of Illinois and in the election
12precinct in which I reside 30 days and that I intend that this
13location shall be my residence; that I am fully qualified to
14vote, and that the above statements are true.
15
..............................
16
(His or her signature or mark)
17    Subscribed and sworn to before me on (insert date).
18..................................
19Signature of registration officer.
20(To be signed in presence of registrant.)
 
21    Space shall be provided upon the face of each registration
22record card for the notation of the voting record of the person
23registered thereon.
24    Each registration record card shall be numbered according
25to precincts, and may be serially or otherwise marked for

 

 

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1identification in such manner as the county clerk may
2determine.
3    The registration cards shall be deemed public records and
4shall be open to inspection during regular business hours,
5except during the 27 days immediately preceding any election.
6On written request of any candidate or objector or any person
7intending to object to a petition, the election authority shall
8extend its hours for inspection of registration cards and other
9records of the election authority during the period beginning
10with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1128-3 and continuing through the termination of electoral board
12hearings on any objections to petitions containing signatures
13of registered voters in the jurisdiction of the election
14authority. The extension shall be for a period of hours
15sufficient to allow adequate opportunity for examination of the
16records but the election authority is not required to extend
17its hours beyond the period beginning at its normal opening for
18business and ending at midnight. If the business hours are so
19extended, the election authority shall post a public notice of
20such extended hours. Registration record cards may also be
21inspected, upon approval of the officer in charge of the cards,
22during the 27 days immediately preceding any election.
23Registration record cards shall also be open to inspection by
24certified judges and poll watchers and challengers at the
25polling place on election day, but only to the extent necessary
26to determine the question of the right of a person to vote or

 

 

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1to serve as a judge of election. At no time shall poll watchers
2or challengers be allowed to physically handle the registration
3record cards.
4    Updated copies of computer tapes or computer discs or other
5electronic data processing information containing voter
6registration information shall be furnished by the county clerk
7within 10 days after December 15 and May 15 each year and
8within 10 days after each registration period is closed to the
9State Board of Elections in a form prescribed by the Board. For
10the purposes of this Section, a registration period is closed
1127 days before the date of any regular or special election.
12Registration information shall include, but not be limited to,
13the following information: name, sex, residence, telephone
14number, if any, age, party affiliation, if applicable,
15precinct, ward, township, county, and representative,
16legislative and congressional districts. In the event of
17noncompliance, the State Board of Elections is directed to
18obtain compliance forthwith with this nondiscretionary duty of
19the election authority by instituting legal proceedings in the
20circuit court of the county in which the election authority
21maintains the registration information. The costs of
22furnishing updated copies of tapes or discs shall be paid at a
23rate of $.00034 per name of registered voters in the election
24jurisdiction, but not less than $50 per tape or disc and shall
25be paid from appropriations made to the State Board of
26Elections for reimbursement to the election authority for such

 

 

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1purpose. The State Board shall furnish copies of such tapes,
2discs, other electronic data or compilations thereof to state
3political committees registered pursuant to the Illinois
4Campaign Finance Act or the Federal Election Campaign Act and
5to governmental entities, at their request and at a reasonable
6cost. To protect the privacy and confidentiality of voter
7registration information, the disclosure of electronic voter
8registration records to any person or entity other than to a
9State or local political committee and other than to a
10governmental entity for a governmental purpose is specifically
11prohibited except as follows: subject to security measures
12adopted by the State Board of Elections which, at a minimum,
13shall include the keeping of a catalog or database, available
14for public view, including the name, address, and telephone
15number of the person viewing the list as well as the time of
16that viewing, any person may view the centralized statewide
17voter registration list on a computer screen at the Springfield
18office of the State Board of Elections, during normal business
19hours other than during the 27 days before an election, but the
20person viewing the list under this exception may not print,
21duplicate, transmit, or alter the list. Copies of the tapes,
22discs, or other electronic data shall be furnished by the
23county clerk to local political committees and governmental
24entities at their request and at a reasonable cost. Reasonable
25cost of the tapes, discs, et cetera for this purpose would be
26the cost of duplication plus 15% for administration. The

 

 

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1individual representing a political committee requesting
2copies of such tapes shall make a sworn affidavit that the
3information shall be used only for bona fide political
4purposes, including by or for candidates for office or
5incumbent office holders. Such tapes, discs or other electronic
6data shall not be used under any circumstances by any political
7committee or individuals for purposes of commercial
8solicitation or other business purposes. If such tapes contain
9information on county residents related to the operations of
10county government in addition to registration information,
11that information shall not be used under any circumstances for
12commercial solicitation or other business purposes. The
13prohibition in this Section against using the computer tapes or
14computer discs or other electronic data processing information
15containing voter registration information for purposes of
16commercial solicitation or other business purposes shall be
17prospective only from the effective date of this amended Act of
181979. Any person who violates this provision shall be guilty of
19a Class 4 felony.
20    The State Board of Elections shall promulgate, by October
211, 1987, such regulations as may be necessary to ensure
22uniformity throughout the State in electronic data processing
23of voter registration information. The regulations shall
24include, but need not be limited to, specifications for uniform
25medium, communications protocol and file structure to be
26employed by the election authorities of this State in the

 

 

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1electronic data processing of voter registration information.
2Each election authority utilizing electronic data processing
3of voter registration information shall comply with such
4regulations on and after May 15, 1988.
5    If the applicant for registration was last registered in
6another county within this State, he shall also sign a
7certificate authorizing cancellation of the former
8registration. The certificate shall be in substantially the
9following form:
10To the County Clerk of.... County, Illinois. (or)
11To the Election Commission of the City of ...., Illinois.
12    This is to certify that I am registered in your (county)
13(city) and that my residence was ............................
14Having moved out of your (county) (city), I hereby authorize
15you to cancel said registration in your office.
16Dated at ...., Illinois, on (insert date).
17
.................................
18
(Signature of Voter)
19Attest: ................,  County Clerk, .............
20County, Illinois.
21    The cancellation certificate shall be mailed immediately
22by the County Clerk to the County Clerk (or election commission
23as the case may be) where the applicant was formerly
24registered. Receipt of such certificate shall be full authority
25for cancellation of any previous registration.
26(Source: P.A. 98-115, eff. 10-1-13.)
 

 

 

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1    (10 ILCS 5/4-20)  (from Ch. 46, par. 4-20)
2    Sec. 4-20. The original registration cards shall remain
3permanently in the office of the county clerk or election
4authority except as destroyed as provided in Section 4-5.01;
5shall be filed alphabetically without regard to precincts; and
6shall be known as the master file. The master file may be kept
7in a computer-based voter registration file or paper format,
8provided a secondary digital back-up is kept off site. The
9digital file shall be searchable and remain current with all
10registration activity conducted by the County Clerk or election
11authority. The duplicate registration cards shall constitute
12the official registry of voters for all elections subject to
13the provisions of this Article 4, shall be filed by precincts
14alphabetically or geographically so as to correspond with the
15arrangement of the list for such precincts respectively,
16compiled pursuant to Section 4-11 of this Article, and shall be
17known as the precinct file. The duplicate cards for use in
18conducting elections shall be delivered to the judges of
19election by the county clerk in a suitable binder or other
20device, which shall be locked and sealed in accordance with the
21directions to be given by the county clerk and shall also be
22suitably indexed for convenient use by the precinct officers.
23The duplicate cards shall be delivered to the judges of
24election for use at the polls for elections at the same time as
25the official ballots are delivered to them, and shall be

 

 

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1returned to the county clerk by the judges of election within
2the time provided for the return of the official ballots. The
3county clerk shall determine the manner of delivery and return
4of such duplicate cards, and shall at all other times retain
5them at his office except for such use of them as may be made
6under this Article with respect to registration not at the
7office of the county clerk.
8(Source: P.A. 80-1469.)
 
9    (10 ILCS 5/4-33)
10    Sec. 4-33. Computerization of voter records.
11    (a) The State Board of Elections shall design a
12registration record card that, except as otherwise provided in
13this Section, shall be used in duplicate by all election
14authorities in the State adopting a computer-based voter
15registration file as provided in this Section. The Board shall
16prescribe the form and specifications, including but not
17limited to the weight of paper, color, and print of the cards.
18The cards shall contain boxes or spaces for the information
19required under Sections 4-8 and 4-21; provided that the cards
20shall also contain: (i) A space for a person to fill in his or
21her Illinois driver's license number if the person has a
22driver's license; (ii) A space for a person without a driver's
23license to fill in the last four digits of his or her social
24security number if the person has a social security number.
25    (b) The election authority may develop and implement a

 

 

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1system to prepare, use, and maintain a computer-based voter
2registration file that includes a computer-stored image of the
3signature of each voter. The computer-based voter registration
4file may be used for all purposes for which the original
5registration cards are to be used, provided that a system for
6the storage of at least one copy of the original registration
7cards remains in effect. In the case of voter registration
8forms received via an online voter registration system, the
9original registration cards will include the signature
10received from the Secretary of State database. The electronic
11file shall be the master file.
12    (b-2) The election authority may develop and implement a
13system to maintain registration cards in digital form using
14digitized signatures, which may be stored in a computer-based
15voter registration file under subsection (b) of this Section.
16The making and signing of any form, including an application to
17register and a certificate authorizing cancellation of a
18registration or authorizing a transfer of registration may be
19by a signature written in ink or by a digitized signature.
20    (c) Any system created, used, and maintained under
21subsection (b) of this Section shall meet the following
22standards:
23        (1) Access to any computer-based voter registration
24    file shall be limited to those persons authorized by the
25    election authority, and each access to the computer-based
26    voter registration file, other than an access solely for

 

 

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1    inquiry, shall be recorded.
2        (2) No copy, summary, list, abstract, or index of any
3    computer-based voter registration file that includes any
4    computer-stored image of the signature of any registered
5    voter shall be made available to the public outside of the
6    offices of the election authority.
7        (3) Any copy, summary, list, abstract, or index of any
8    computer-based voter registration file that includes a
9    computer-stored image of the signature of a registered
10    voter shall be produced in such a manner that it cannot be
11    reproduced.
12        (4) Each person desiring to vote shall sign an
13    application for a ballot, and the signature comparison
14    authorized in Articles 17 and 18 of this Code may be made
15    to a copy of the computer-stored image of the signature of
16    the registered voter.
17        (5) Any voter list produced from a computer-based voter
18    registration file that includes computer-stored images of
19    the signatures of registered voters and is used in a
20    polling place during an election shall be preserved by the
21    election authority in secure storage until the end of the
22    second calendar year following the election in which it was
23    used.
24    (d) Before the first election in which the election
25authority elects to use a voter list produced from the
26computer-stored images of the signatures of registered voters

 

 

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1in a computer-based voter registration file for signature
2comparison in a polling place, the State Board of Elections
3shall certify that the system used by the election authority
4complies with the standards set forth in this Section. The
5State Board of Elections may request a sample poll list
6intended to be used in a polling place to test the accuracy of
7the list and the adequacy of the computer-stored images of the
8signatures of the registered voters.
9    (e) With respect to a jurisdiction that has copied all of
10its voter signatures into a computer-based registration file,
11all references in this Act or any other Act to the use, other
12than storage, of paper-based voter registration records shall
13be deemed to refer to their computer-based equivalents.
14    (f) Nothing in this Section prevents an election authority
15from submitting to the State Board of Elections a duplicate
16copy of some, as the State Board of Elections shall determine,
17or all of the data contained in each voter registration record
18that is part of the electronic master file. The duplicate copy
19of the registration record shall be maintained by the State
20Board of Elections under the same terms and limitations
21applicable to the election authority and shall be of equal
22legal dignity with the original registration record maintained
23by the election authority as proof of any fact contained in the
24voter registration record.
25(Source: P.A. 98-115, eff. 7-29-13.)
 

 

 

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1    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
2    Sec. 5-7. The county clerk shall provide a sufficient
3number of blank forms for the registration of electors which
4shall be known as registration record cards and which shall
5consist of loose leaf sheets or cards, of suitable size to
6contain in plain writing and figures the data hereinafter
7required thereon or shall consist of computer cards of suitable
8nature to contain the data required thereon. The registration
9record cards, which shall include an affidavit of registration
10as hereinafter provided, shall be executed in duplicate.
11    The registration record card shall contain the following
12and such other information as the county clerk may think it
13proper to require for the identification of the applicant for
14registration:
15    Name. The name of the applicant, giving surname and first
16or Christian name in full, and the middle name or the initial
17for such middle name, if any.
18    Sex.
19    Residence. The name and number of the street, avenue, or
20other location of the dwelling, including the apartment, unit
21or room number, if any, and in the case of a mobile home the lot
22number, and such additional clear and definite description as
23may be necessary to determine the exact location of the
24dwelling of the applicant, including post-office mailing
25address. In the case of a homeless individual, the individual's
26voting residence that is his or her mailing address shall be

 

 

SB2836- 28 -LRB099 20385 MLM 44870 b

1included on his or her registration record card.
2    Term of residence in the State of Illinois and the
3precinct. Which questions may be answered by the applicant
4stating, in excess of 30 days in the State and in excess of 30
5days in the precinct.
6    Nativity. The State or country in which the applicant was
7born.
8    Citizenship. Whether the applicant is native born or
9naturalized. If naturalized, the court, place and date of
10naturalization.
11    Date of application for registration, i.e., the day, month
12and year when applicant presented himself for registration.
13    Age. Date of birth, by month, day and year.
14    Physical disability of the applicant, if any, at the time
15of registration, which would require assistance in voting.
16    The county and state in which the applicant was last
17registered.
18    Electronic mail address, if any.
19    Signature of voter. The applicant, after the registration
20and in the presence of a deputy registrar or other officer of
21registration shall be required to sign his or her name in ink
22or digitized form to the affidavit on the original and
23duplicate registration record card.
24    Signature of Deputy Registrar.
25    In case applicant is unable to sign his name, he may affix
26his mark to the affidavit. In such case the officer empowered

 

 

SB2836- 29 -LRB099 20385 MLM 44870 b

1to give the registration oath shall write a detailed
2description of the applicant in the space provided at the
3bottom of the card or sheet; and shall ask the following
4questions and record the answers thereto:
5    Father's first name .......................
6    Mother's first name .......................
7    From what address did you last register?
8    Reason for inability to sign name.
9    Each applicant for registration shall make an affidavit in
10substantially the following form:
11
AFFIDAVIT OF REGISTRATION
12State of Illinois)
13                 )ss
14County of        )
15    I hereby swear (or affirm) that I am a citizen of the
16United States; that on the date of the next election I shall
17have resided in the State of Illinois and in the election
18precinct in which I reside 30 days; that I am fully qualified
19to vote. That I intend that this location shall be my residence
20and that the above statements are true.
21
..............................
22
(His or her signature or mark)
23    Subscribed and sworn to before me on (insert date).
24.........................................
25    Signature of Registration Officer.
26(To be signed in presence of Registrant.)
 

 

 

SB2836- 30 -LRB099 20385 MLM 44870 b

1    Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4    Each registration record card shall be numbered according
5to towns and precincts, wards, cities and villages, as the case
6may be, and may be serially or otherwise marked for
7identification in such manner as the county clerk may
8determine.
9    The registration cards shall be deemed public records and
10shall be open to inspection during regular business hours,
11except during the 27 days immediately preceding any election.
12On written request of any candidate or objector or any person
13intending to object to a petition, the election authority shall
14extend its hours for inspection of registration cards and other
15records of the election authority during the period beginning
16with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1728-3 and continuing through the termination of electoral board
18hearings on any objections to petitions containing signatures
19of registered voters in the jurisdiction of the election
20authority. The extension shall be for a period of hours
21sufficient to allow adequate opportunity for examination of the
22records but the election authority is not required to extend
23its hours beyond the period beginning at its normal opening for
24business and ending at midnight. If the business hours are so
25extended, the election authority shall post a public notice of

 

 

SB2836- 31 -LRB099 20385 MLM 44870 b

1such extended hours. Registration record cards may also be
2inspected, upon approval of the officer in charge of the cards,
3during the 27 days immediately preceding any election.
4Registration record cards shall also be open to inspection by
5certified judges and poll watchers and challengers at the
6polling place on election day, but only to the extent necessary
7to determine the question of the right of a person to vote or
8to serve as a judge of election. At no time shall poll watchers
9or challengers be allowed to physically handle the registration
10record cards.
11    Updated copies of computer tapes or computer discs or other
12electronic data processing information containing voter
13registration information shall be furnished by the county clerk
14within 10 days after December 15 and May 15 each year and
15within 10 days after each registration period is closed to the
16State Board of Elections in a form prescribed by the Board. For
17the purposes of this Section, a registration period is closed
1827 days before the date of any regular or special election.
19Registration information shall include, but not be limited to,
20the following information: name, sex, residence, telephone
21number, if any, age, party affiliation, if applicable,
22precinct, ward, township, county, and representative,
23legislative and congressional districts. In the event of
24noncompliance, the State Board of Elections is directed to
25obtain compliance forthwith with this nondiscretionary duty of
26the election authority by instituting legal proceedings in the

 

 

SB2836- 32 -LRB099 20385 MLM 44870 b

1circuit court of the county in which the election authority
2maintains the registration information. The costs of
3furnishing updated copies of tapes or discs shall be paid at a
4rate of $.00034 per name of registered voters in the election
5jurisdiction, but not less than $50 per tape or disc and shall
6be paid from appropriations made to the State Board of
7Elections for reimbursement to the election authority for such
8purpose. The State Board shall furnish copies of such tapes,
9discs, other electronic data or compilations thereof to state
10political committees registered pursuant to the Illinois
11Campaign Finance Act or the Federal Election Campaign Act and
12to governmental entities, at their request and at a reasonable
13cost. To protect the privacy and confidentiality of voter
14registration information, the disclosure of electronic voter
15registration records to any person or entity other than to a
16State or local political committee and other than to a
17governmental entity for a governmental purpose is specifically
18prohibited except as follows: subject to security measures
19adopted by the State Board of Elections which, at a minimum,
20shall include the keeping of a catalog or database, available
21for public view, including the name, address, and telephone
22number of the person viewing the list as well as the time of
23that viewing, any person may view the centralized statewide
24voter registration list on a computer screen at the Springfield
25office of the State Board of Elections, during normal business
26hours other than during the 27 days before an election, but the

 

 

SB2836- 33 -LRB099 20385 MLM 44870 b

1person viewing the list under this exception may not print,
2duplicate, transmit, or alter the list. Copies of the tapes,
3discs or other electronic data shall be furnished by the county
4clerk to local political committees and governmental entities
5at their request and at a reasonable cost. Reasonable cost of
6the tapes, discs, et cetera for this purpose would be the cost
7of duplication plus 15% for administration. The individual
8representing a political committee requesting copies of such
9tapes shall make a sworn affidavit that the information shall
10be used only for bona fide political purposes, including by or
11for candidates for office or incumbent office holders. Such
12tapes, discs or other electronic data shall not be used under
13any circumstances by any political committee or individuals for
14purposes of commercial solicitation or other business
15purposes. If such tapes contain information on county residents
16related to the operations of county government in addition to
17registration information, that information shall not be used
18under any circumstances for commercial solicitation or other
19business purposes. The prohibition in this Section against
20using the computer tapes or computer discs or other electronic
21data processing information containing voter registration
22information for purposes of commercial solicitation or other
23business purposes shall be prospective only from the effective
24date of this amended Act of 1979. Any person who violates this
25provision shall be guilty of a Class 4 felony.
26    The State Board of Elections shall promulgate, by October

 

 

SB2836- 34 -LRB099 20385 MLM 44870 b

11, 1987, such regulations as may be necessary to ensure
2uniformity throughout the State in electronic data processing
3of voter registration information. The regulations shall
4include, but need not be limited to, specifications for uniform
5medium, communications protocol and file structure to be
6employed by the election authorities of this State in the
7electronic data processing of voter registration information.
8Each election authority utilizing electronic data processing
9of voter registration information shall comply with such
10regulations on and after May 15, 1988.
11    If the applicant for registration was last registered in
12another county within this State, he shall also sign a
13certificate authorizing cancellation of the former
14registration. The certificate shall be in substantially the
15following form:
16To the County Clerk of .... County, Illinois. To the Election
17Commission of the City of ...., Illinois.
18    This is to certify that I am registered in your (county)
19(city) and that my residence was .....
20    Having moved out of your (county) (city), I hereby
21authorize you to cancel said registration in your office.
22Dated at .... Illinois, on (insert date).
23
....................
24
(Signature of Voter)
25
Attest ......, County Clerk, ........ County, Illinois.
26    The cancellation certificate shall be mailed immediately

 

 

SB2836- 35 -LRB099 20385 MLM 44870 b

1by the county clerk to the county clerk (or election commission
2as the case may be) where the applicant was formerly
3registered. Receipt of such certificate shall be full authority
4for cancellation of any previous registration.
5(Source: P.A. 98-115, eff. 10-1-13.)
 
6    (10 ILCS 5/5-28)  (from Ch. 46, par. 5-28)
7    Sec. 5-28. The original registration record cards shall
8remain permanently in the office of the county clerk or
9election authority except as destroyed as provided in Section
105-6; shall be filed alphabetically without regard to precincts;
11and shall be known as the master file. The master file may be
12kept in a computer-based voter registration file or paper
13format, provided a secondary digital back-up is kept off site.
14The digital file shall be searchable and remain current with
15all registration activity conducted by the County Clerk or
16election authority. The duplicate registration record cards
17shall constitute the official registry of voters for all
18elections and shall be filed by precincts and townships. The
19duplicate cards for use in conducting elections shall be
20delivered to the judges of election by the county clerk in a
21suitable binder or other device, which shall be locked and
22sealed in accordance with the directions to be given by the
23county clerk and shall also be suitably indexed for convenient
24use by the precinct officers. The precinct files shall be
25delivered to the judges of election for use at the polls for

 

 

SB2836- 36 -LRB099 20385 MLM 44870 b

1elections at the same time as the official ballots are
2delivered to them, and shall be returned to the county clerk by
3the judges of election within the time provided for the return
4of the official ballots. The county clerk shall determine the
5manner of return and delivery of such file.
6(Source: P.A. 80-1469.)
 
7    (10 ILCS 5/5-43)
8    Sec. 5-43. Computerization of voter records.
9    (a) The State Board of Elections shall design a
10registration record card that, except as otherwise provided in
11this Section, shall be used in duplicate by all election
12authorities in the State adopting a computer-based voter
13registration file as provided in this Section. The Board shall
14prescribe the form and specifications, including but not
15limited to the weight of paper, color, and print of the cards.
16The cards shall contain boxes or spaces for the information
17required under Sections 5-7 and 5-28.1; provided that the cards
18shall also contain: (i) A space for the person to fill in his
19or her Illinois driver's license number if the person has a
20driver's license; (ii) A space for a person without a driver's
21license to fill in the last four digits of his or her social
22security number if the person has a social security number.
23    (b) The election authority may develop and implement a
24system to prepare, use, and maintain a computer-based voter
25registration file that includes a computer-stored image of the

 

 

SB2836- 37 -LRB099 20385 MLM 44870 b

1signature of each voter. The computer-based voter registration
2file may be used for all purposes for which the original
3registration cards are to be used, provided that a system for
4the storage of at least one copy of the original registration
5cards remains in effect. In the case of voter registration
6forms received via an online voter registration system, the
7original registration cards will include the signature
8received from the Secretary of State database. The electronic
9file shall be the master file.
10    (b-2) The election authority may develop and implement a
11system to maintain registration cards in digital form using
12digitized signatures, which may be stored in a computer-based
13voter registration file under subsection (b) of this Section.
14The making and signing of any form, including an application to
15register and a certificate authorizing cancellation of a
16registration or authorizing a transfer of registration may be
17by a signature written in ink or by a digitized signature.
18    (c) Any system created, used, and maintained under
19subsection (b) of this Section shall meet the following
20standards:
21        (1) Access to any computer-based voter registration
22    file shall be limited to those persons authorized by the
23    election authority, and each access to the computer-based
24    voter registration file, other than an access solely for
25    inquiry, shall be recorded.
26        (2) No copy, summary, list, abstract, or index of any

 

 

SB2836- 38 -LRB099 20385 MLM 44870 b

1    computer-based voter registration file that includes any
2    computer-stored image of the signature of any registered
3    voter shall be made available to the public outside of the
4    offices of the election authority.
5        (3) Any copy, summary, list, abstract, or index of any
6    computer-based voter registration file that includes a
7    computer-stored image of the signature of a registered
8    voter shall be produced in such a manner that it cannot be
9    reproduced.
10        (4) Each person desiring to vote shall sign an
11    application for a ballot, and the signature comparison
12    authorized in Articles 17 and 18 of this Code may be made
13    to a copy of the computer-stored image of the signature of
14    the registered voter.
15        (5) Any voter list produced from a computer-based voter
16    registration file that includes computer-stored images of
17    the signatures of registered voters and is used in a
18    polling place during an election shall be preserved by the
19    election authority in secure storage until the end of the
20    second calendar year following the election in which it was
21    used.
22    (d) Before the first election in which the election
23authority elects to use a voter list produced from the
24computer-stored images of the signatures of registered voters
25in a computer-based voter registration file for signature
26comparison in a polling place, the State Board of Elections

 

 

SB2836- 39 -LRB099 20385 MLM 44870 b

1shall certify that the system used by the election authority
2complies with the standards set forth in this Section. The
3State Board of Elections may request a sample poll list
4intended to be used in a polling place to test the accuracy of
5the list and the adequacy of the computer-stored images of the
6signatures of the registered voters.
7    (e) With respect to a jurisdiction that has copied all of
8its voter signatures into a computer-based registration file,
9all references in this Act or any other Act to the use, other
10than storage, of paper-based voter registration records shall
11be deemed to refer to their computer-based equivalents.
12    (f) Nothing in this Section prevents an election authority
13from submitting to the State Board of Elections a duplicate
14copy of some, as the State Board of Elections shall determine,
15or all of the data contained in each voter registration record
16that is part of the electronic master file. The duplicate copy
17of the registration record shall be maintained by the State
18Board of Elections under the same terms and limitations
19applicable to the election authority and shall be of equal
20legal dignity with the original registration record maintained
21by the election authority as proof of any fact contained in the
22voter registration record.
23(Source: P.A. 98-115, eff. 7-29-13.)
 
24    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
25    Sec. 6-35. The Boards of Election Commissioners shall

 

 

SB2836- 40 -LRB099 20385 MLM 44870 b

1provide a sufficient number of blank forms for the registration
2of electors which shall be known as registration record cards
3and which shall consist of loose leaf sheets or cards, of
4suitable size to contain in plain writing and figures the data
5hereinafter required thereon or shall consist of computer cards
6of suitable nature to contain the data required thereon. The
7registration record cards, which shall include an affidavit of
8registration as hereinafter provided, shall be executed in
9duplicate. The duplicate of which may be a carbon copy of the
10original or a copy of the original made by the use of other
11method or material used for making simultaneous true copies or
12duplications.
13    The registration record card shall contain the following
14and such other information as the Board of Election
15Commissioners may think it proper to require for the
16identification of the applicant for registration:
17    Name. The name of the applicant, giving surname and first
18or Christian name in full, and the middle name or the initial
19for such middle name, if any.
20    Sex.
21    Residence. The name and number of the street, avenue, or
22other location of the dwelling, including the apartment, unit
23or room number, if any, and in the case of a mobile home the lot
24number, and such additional clear and definite description as
25may be necessary to determine the exact location of the
26dwelling of the applicant, including post-office mailing

 

 

SB2836- 41 -LRB099 20385 MLM 44870 b

1address. In the case of a homeless individual, the individual's
2voting residence that is his or her mailing address shall be
3included on his or her registration record card.
4    Term of residence in the State of Illinois and the
5precinct.
6    Nativity. The state or country in which the applicant was
7born.
8    Citizenship. Whether the applicant is native born or
9naturalized. If naturalized, the court, place, and date of
10naturalization.
11    Date of application for registration, i.e., the day, month
12and year when the applicant presented himself for registration.
13    Age. Date of birth, by month, day and year.
14    Physical disability of the applicant, if any, at the time
15of registration, which would require assistance in voting.
16    The county and state in which the applicant was last
17registered.
18    Electronic mail address, if any.
19    Signature of voter. The applicant, after registration and
20in the presence of a deputy registrar or other officer of
21registration shall be required to sign his or her name in ink
22or digitized form to the affidavit on both the original and the
23duplicate registration record card.
24    Signature of deputy registrar.
25    In case applicant is unable to sign his name, he may affix
26his mark to the affidavit. In such case the registration

 

 

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1officer shall write a detailed description of the applicant in
2the space provided at the bottom of the card or sheet; and
3shall ask the following questions and record the answers
4thereto:
5    Father's first name .........................
6    Mother's first name .........................
7    From what address did you last register? ....
8    Reason for inability to sign name ...........
9    Each applicant for registration shall make an affidavit in
10substantially the following form:
11
AFFIDAVIT OF REGISTRATION
12State of Illinois  )
13                   )ss
14County of .......  )
15    I hereby swear (or affirm) that I am a citizen of the
16United States, that on the day of the next election I shall
17have resided in the State of Illinois and in the election
18precinct 30 days and that I intend that this location is my
19residence; that I am fully qualified to vote, and that the
20above statements are true.
21
..............................
22
(His or her signature or mark)
23    Subscribed and sworn to before me on (insert date).
24......................................
25    Signature of registration officer
26(to be signed in presence of registrant).

 

 

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1    Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4    Each registration record card shall be numbered according
5to wards or precincts, as the case may be, and may be serially
6or otherwise marked for identification in such manner as the
7Board of Election Commissioners may determine.
8    The registration cards shall be deemed public records and
9shall be open to inspection during regular business hours,
10except during the 27 days immediately preceding any election.
11On written request of any candidate or objector or any person
12intending to object to a petition, the election authority shall
13extend its hours for inspection of registration cards and other
14records of the election authority during the period beginning
15with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1628-3 and continuing through the termination of electoral board
17hearings on any objections to petitions containing signatures
18of registered voters in the jurisdiction of the election
19authority. The extension shall be for a period of hours
20sufficient to allow adequate opportunity for examination of the
21records but the election authority is not required to extend
22its hours beyond the period beginning at its normal opening for
23business and ending at midnight. If the business hours are so
24extended, the election authority shall post a public notice of
25such extended hours. Registration record cards may also be
26inspected, upon approval of the officer in charge of the cards,

 

 

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1during the 27 days immediately preceding any election.
2Registration record cards shall also be open to inspection by
3certified judges and poll watchers and challengers at the
4polling place on election day, but only to the extent necessary
5to determine the question of the right of a person to vote or
6to serve as a judge of election. At no time shall poll watchers
7or challengers be allowed to physically handle the registration
8record cards.
9    Updated copies of computer tapes or computer discs or other
10electronic data processing information containing voter
11registration information shall be furnished by the Board of
12Election Commissioners within 10 days after December 15 and May
1315 each year and within 10 days after each registration period
14is closed to the State Board of Elections in a form prescribed
15by the State Board. For the purposes of this Section, a
16registration period is closed 27 days before the date of any
17regular or special election. Registration information shall
18include, but not be limited to, the following information:
19name, sex, residence, telephone number, if any, age, party
20affiliation, if applicable, precinct, ward, township, county,
21and representative, legislative and congressional districts.
22In the event of noncompliance, the State Board of Elections is
23directed to obtain compliance forthwith with this
24nondiscretionary duty of the election authority by instituting
25legal proceedings in the circuit court of the county in which
26the election authority maintains the registration information.

 

 

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1The costs of furnishing updated copies of tapes or discs shall
2be paid at a rate of $.00034 per name of registered voters in
3the election jurisdiction, but not less than $50 per tape or
4disc and shall be paid from appropriations made to the State
5Board of Elections for reimbursement to the election authority
6for such purpose. The State Board shall furnish copies of such
7tapes, discs, other electronic data or compilations thereof to
8state political committees registered pursuant to the Illinois
9Campaign Finance Act or the Federal Election Campaign Act and
10to governmental entities, at their request and at a reasonable
11cost. To protect the privacy and confidentiality of voter
12registration information, the disclosure of electronic voter
13registration records to any person or entity other than to a
14State or local political committee and other than to a
15governmental entity for a governmental purpose is specifically
16prohibited except as follows: subject to security measures
17adopted by the State Board of Elections which, at a minimum,
18shall include the keeping of a catalog or database, available
19for public view, including the name, address, and telephone
20number of the person viewing the list as well as the time of
21that viewing, any person may view the centralized statewide
22voter registration list on a computer screen at the Springfield
23office of the State Board of Elections, during normal business
24hours other than during the 27 days before an election, but the
25person viewing the list under this exception may not print,
26duplicate, transmit, or alter the list. Copies of the tapes,

 

 

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1discs or other electronic data shall be furnished by the Board
2of Election Commissioners to local political committees and
3governmental entities at their request and at a reasonable
4cost. Reasonable cost of the tapes, discs, et cetera for this
5purpose would be the cost of duplication plus 15% for
6administration. The individual representing a political
7committee requesting copies of such tapes shall make a sworn
8affidavit that the information shall be used only for bona fide
9political purposes, including by or for candidates for office
10or incumbent office holders. Such tapes, discs or other
11electronic data shall not be used under any circumstances by
12any political committee or individuals for purposes of
13commercial solicitation or other business purposes. If such
14tapes contain information on county residents related to the
15operations of county government in addition to registration
16information, that information shall not be used under any
17circumstances for commercial solicitation or other business
18purposes. The prohibition in this Section against using the
19computer tapes or computer discs or other electronic data
20processing information containing voter registration
21information for purposes of commercial solicitation or other
22business purposes shall be prospective only from the effective
23date of this amended Act of 1979. Any person who violates this
24provision shall be guilty of a Class 4 felony.
25    The State Board of Elections shall promulgate, by October
261, 1987, such regulations as may be necessary to ensure

 

 

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1uniformity throughout the State in electronic data processing
2of voter registration information. The regulations shall
3include, but need not be limited to, specifications for uniform
4medium, communications protocol and file structure to be
5employed by the election authorities of this State in the
6electronic data processing of voter registration information.
7Each election authority utilizing electronic data processing
8of voter registration information shall comply with such
9regulations on and after May 15, 1988.
10    If the applicant for registration was last registered in
11another county within this State, he shall also sign a
12certificate authorizing cancellation of the former
13registration. The certificate shall be in substantially the
14following form:
15To the County Clerk of .... County, Illinois.
16To the Election Commission of the City of ...., Illinois.
17    This is to certify that I am registered in your (county)
18(city) and that my residence was ..... Having moved out of your
19(county), (city), I hereby authorize you to cancel that
20registration in your office.
21    Dated at ...., Illinois, on (insert date).
22
....................
23
(Signature of Voter)
24    Attest ...., Clerk, Election Commission of the City of....,
25Illinois.
26    The cancellation certificate shall be mailed immediately

 

 

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1by the clerk of the Election Commission to the county clerk,
2(or Election Commission as the case may be) where the applicant
3was formerly registered. Receipt of such certificate shall be
4full authority for cancellation of any previous registration.
5(Source: P.A. 98-115, eff. 10-1-13.)
 
6    (10 ILCS 5/6-65)  (from Ch. 46, par. 6-65)
7    Sec. 6-65.
8    The duplicate registration record cards shall remain
9permanently in the office of the Board of Election
10Commissioners; shall be filed alphabetically without regard to
11wards or precincts; and shall be known as the master file. The
12master file may be kept in a computer-based voter registration
13file or paper format, provided a secondary digital back-up is
14kept off site. The digital file shall be searchable and remain
15current with all registration activity conducted by the Board
16of Election Commissioners. The original registration record
17cards shall constitute the official precinct registry of
18voters; shall be filed by wards and precincts; and shall be
19known as the precinct file. The original cards shall be
20delivered to the judges of election by the Board of Election
21Commissioners in a suitable binder or other device, which shall
22be locked and sealed in accordance with directions to be given
23by the Board of Election Commissioners and shall also be
24suitably indexed for convenient use by the precinct officers.
25The precinct files shall be delivered to the precinct officers

 

 

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1for use at the polls, on the day of election and shall be
2returned to the Board of Election Commissioners immediately
3after the close of the polls. The board shall determine by
4rules the manner of delivery and return to such file. At all
5other times the precinct file shall be retained at the office
6of the Board of Election Commissioners except for such use of
7it as may be made under this Article with respect to
8registration not at the office of the Board of Election
9Commissioners.
10(Source: P.A. 78-934.)
 
11    (10 ILCS 5/6-79)
12    Sec. 6-79. Computerization of voter records.
13    (a) The State Board of Elections shall design a
14registration record card that, except as otherwise provided in
15this Section, shall be used in duplicate by all election
16authorities in the State adopting a computer-based voter
17registration file as provided in this Section. The Board shall
18prescribe the form and specifications, including but not
19limited to the weight of paper, color, and print of the cards.
20The cards shall contain boxes or spaces for the information
21required under Sections 6-31.1 and 6-35; provided that the
22cards shall also contain: (i) A space for the person to fill in
23his or her Illinois driver's license number if the person has a
24driver's license; (ii) A space for a person without a driver's
25license to fill in the last four digits of his or her social

 

 

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1security number if the person has a social security number.
2    (b) The election authority may develop and implement a
3system to prepare, use, and maintain a computer-based voter
4registration file that includes a computer-stored image of the
5signature of each voter. The computer-based voter registration
6file may be used for all purposes for which the original
7registration cards are to be used, provided that a system for
8the storage of at least one copy of the original registration
9cards remains in effect. In the case of voter registration
10forms received via an online voter registration system, the
11original registration cards will include the signature
12received from the Secretary of State database. The electronic
13file shall be the master file.
14    (b-2) The election authority may develop and implement a
15system to maintain registration cards in digital form using
16digitized signatures, which may be stored in a computer-based
17voter registration file under subsection (b) of this Section.
18The making and signing of any form, including an application to
19register and a certificate authorizing cancellation of a
20registration or authorizing a transfer of registration may be
21by a signature written in ink or by a digitized signature.
22    (c) Any system created, used, and maintained under
23subsection (b) of this Section shall meet the following
24standards:
25        (1) Access to any computer-based voter registration
26    file shall be limited to those persons authorized by the

 

 

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1    election authority, and each access to the computer-based
2    voter registration file, other than an access solely for
3    inquiry, shall be recorded.
4        (2) No copy, summary, list, abstract, or index of any
5    computer-based voter registration file that includes any
6    computer-stored image of the signature of any registered
7    voter shall be made available to the public outside of the
8    offices of the election authority.
9        (3) Any copy, summary, list, abstract, or index of any
10    computer-based voter registration file that includes a
11    computer-stored image of the signature of a registered
12    voter shall be produced in such a manner that it cannot be
13    reproduced.
14        (4) Each person desiring to vote shall sign an
15    application for a ballot, and the signature comparison
16    authorized in Articles 17 and 18 of this Code may be made
17    to a copy of the computer-stored image of the signature of
18    the registered voter.
19        (5) Any voter list produced from a computer-based voter
20    registration file that includes computer-stored images of
21    the signatures of registered voters and is used in a
22    polling place during an election shall be preserved by the
23    election authority in secure storage until the end of the
24    second calendar year following the election in which it was
25    used.
26    (d) Before the first election in which the election

 

 

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1authority elects to use a voter list produced from the
2computer-stored images of the signatures of registered voters
3in a computer-based voter registration file for signature
4comparison in a polling place, the State Board of Elections
5shall certify that the system used by the election authority
6complies with the standards set forth in this Section. The
7State Board of Elections may request a sample poll list
8intended to be used in a polling place to test the accuracy of
9the list and the adequacy of the computer-stored images of the
10signatures of the registered voters.
11    (e) With respect to a jurisdiction that has copied all of
12its voter signatures into a computer-based registration file,
13all references in this Act or any other Act to the use, other
14than storage, of paper-based voter registration records shall
15be deemed to refer to their computer-based equivalents.
16    (f) Nothing in this Section prevents an election authority
17from submitting to the State Board of Elections a duplicate
18copy of some, as the State Board of Elections shall determine,
19or all of the data contained in each voter registration record
20that is part of the electronic master file. The duplicate copy
21of the registration record shall be maintained by the State
22Board of Elections under the same terms and limitations
23applicable to the election authority and shall be of equal
24legal dignity with the original registration record maintained
25by the election authority as proof of any fact contained in the
26voter registration record.

 

 

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1(Source: P.A. 98-115, eff. 7-29-13.)
 
2    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
3    Sec. 20-8. Time and place of counting ballots.
4    (a) (Blank.)
5    (b) Each vote by mail voter's ballot returned to an
6election authority, by any means authorized by this Article,
7and received by that election authority may be processed by the
8election authority beginning on the 15th day before election
9day it is received by the election authority in the central
10ballot counting location of the election authority, but the
11results of the processing may not be counted until the day of
12the election after 7:00 p.m., except as provided in subsections
13(g) and (g-5).
14    (c) Each vote by mail voter's ballot that is mailed to an
15election authority and postmarked no later than election day,
16but that is received by the election authority after the polls
17close on election day and before the close of the period for
18counting provisional ballots cast at that election, shall be
19endorsed by the receiving authority with the day and hour of
20receipt and shall be counted at the central ballot counting
21location of the election authority during the period for
22counting provisional ballots.
23    Each vote by mail voter's ballot that is mailed to an
24election authority absent a postmark, but that is received by
25the election authority after the polls close on election day

 

 

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1and before the close of the period for counting provisional
2ballots cast at that election, shall be endorsed by the
3receiving authority with the day and hour of receipt, opened to
4inspect the date inserted on the certification, and, if the
5certification date is a date preceding the election day and the
6ballot is otherwise found to be valid under the requirements of
7this Section, counted at the central ballot counting location
8of the election authority during the period for counting
9provisional ballots. Absent a date on the certification, the
10ballot shall not be counted.
11    (d) Special write-in vote by mail voter's blank ballots
12returned to an election authority, by any means authorized by
13this Article, and received by the election authority at any
14time before the closing of the polls on election day shall be
15endorsed by the receiving election authority with the day and
16hour of receipt and shall be counted at the central ballot
17counting location of the election authority during the same
18period provided for counting vote by mail voters' ballots under
19subsections (b), (g), and (g-5). Special write-in vote by mail
20voter's blank ballot that are mailed to an election authority
21and postmarked by midnight preceding the opening of the polls
22on election day, but that are received by the election
23authority after the polls close on election day and before the
24closing of the period for counting provisional ballots cast at
25that election, shall be endorsed by the receiving authority
26with the day and hour of receipt and shall be counted at the

 

 

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1central ballot counting location of the election authority
2during the same periods provided for counting vote by mail
3voters' ballots under subsection (c).
4    (e) Except as otherwise provided in this Section, vote by
5mail voters' ballots and special write-in vote by mail voter's
6blank ballots received by the election authority after the
7closing of the polls on the day of election shall be endorsed
8by the person receiving the ballots with the day and hour of
9receipt and shall be safely kept unopened by the election
10authority for the period of time required for the preservation
11of ballots used at the election, and shall then, without being
12opened, be destroyed in like manner as the used ballots of that
13election.
14    (f) Counting required under this Section to begin on
15election day after the closing of the polls shall commence no
16later than 8:00 p.m. and shall be conducted by a panel or
17panels of election judges appointed in the manner provided by
18law. The counting shall continue until all vote by mail voters'
19ballots and special write-in vote by mail voter's blank ballots
20required to be counted on election day have been counted.
21    (g) The procedures set forth in Articles 17 and 18 of this
22Code shall apply to all ballots counted under this Section. In
23addition, within 2 days after a ballot subject to this Article
24is received, but in all cases before the close of the period
25for counting provisional ballots, the election judge or
26official shall compare the voter's signature on the

 

 

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1certification envelope of that ballot with the signature of the
2voter on file in the office of the election authority. If the
3election judge or official determines that the 2 signatures
4match, and that the voter is otherwise qualified to cast a
5ballot under this Article, the election authority shall cast
6and count the ballot on election day or the day the ballot is
7determined to be valid, whichever is later, adding the results
8to the precinct in which the voter is registered. If the
9election judge or official determines that the signatures do
10not match, or that the voter is not qualified to cast a ballot
11under this Article, then without opening the certification
12envelope, the judge or official shall mark across the face of
13the certification envelope the word "Rejected" and shall not
14cast or count the ballot.
15    In addition to the voter's signatures not matching, a
16ballot subject to this Article may be rejected by the election
17judge or official:
18        (1) if the ballot envelope is open or has been opened
19    and resealed;
20        (2) if the voter has already cast an early or grace
21    period ballot;
22        (3) if the voter voted in person on election day or the
23    voter is not a duly registered voter in the precinct; or
24        (4) on any other basis set forth in this Code.
25    If the election judge or official determines that any of
26these reasons apply, the judge or official shall mark across

 

 

SB2836- 57 -LRB099 20385 MLM 44870 b

1the face of the certification envelope the word "Rejected" and
2shall not cast or count the ballot.
3    (g-5) If a ballot subject to this Article is rejected by
4the election judge or official for any reason, the election
5authority shall, within 2 days after the rejection but in all
6cases before the close of the period for counting provisional
7ballots, notify the voter that his or her ballot was rejected.
8The notice shall inform the voter of the reason or reasons the
9ballot was rejected and shall state that the voter may appear
10before the election authority, on or before the 14th day after
11the election, to show cause as to why the ballot should not be
12rejected. The voter may present evidence to the election
13authority supporting his or her contention that the ballot
14should be counted. The election authority shall appoint a panel
15of 3 election judges to review the contested ballot,
16application, and certification envelope, as well as any
17evidence submitted by the vote by mail voter. No more than 2
18election judges on the reviewing panel shall be of the same
19political party. The reviewing panel of election judges shall
20make a final determination as to the validity of the contested
21ballot. The judges' determination shall not be reviewable
22either administratively or judicially.
23    A ballot subject to this subsection that is determined to
24be valid shall be counted before the close of the period for
25counting provisional ballots.
26    (g-10) All ballots determined to be valid shall be added to

 

 

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1the vote totals for the precincts for which they were cast in
2the order in which the ballots were opened.
3    (h) Each political party, candidate, and qualified civic
4organization shall be entitled to have present one pollwatcher
5for each panel of election judges therein assigned.
6(Source: P.A. 98-1171, eff. 6-1-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.