99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2877

 

Introduced 2/17/2016, by Sen. Chris Nybo

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/29-5  from Ch. 46, par. 29-5
10 ILCS 5/29-10  from Ch. 46, par. 29-10

    Amends the Election Code. Provides that any person who knowingly files an application to vote, accepts a ballot, or enters a voting machine on more than one occasion on the same election day where the ballot or machine lists any of the same candidates and issues (except to legally give assistance, to replace a spoiled or rejected ballot, or at the direction of a judge of elections), shall be guilty of a Class 3 felony. Provides that any person who knowingly makes a false statement, material to the issue or point in question, in any affidavit, certificate or sworn oral declaration required by any provision of the Code shall be guilty of a Class 3 felony. Provides that an indictment or information for perjury alleging that the offender has knowingly made contradictory statements, material to the issue or point in question, in affidavits, certificates, or sworn oral declarations required by any provision of the Code, need not specify which statement is false. Provides that at the trial, the prosecution need not establish which statement is false. Effective immediately.


LRB099 18904 MLM 43291 b

 

 

A BILL FOR

 

SB2877LRB099 18904 MLM 43291 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 29-5 and 29-10 as follows:
 
6    (10 ILCS 5/29-5)  (from Ch. 46, par. 29-5)
7    Sec. 29-5. Voting more than once. Any person who, having
8voted once, knowingly files an application to vote, accepts a
9ballot, or enters a voting machine on more than one occasion on
10the same election day where the ballot or machine lists any of
11the same candidates and issues listed on the ballot or machine
12previously used for voting by that person, (a) files an
13application to vote in the same or another polling place, or
14(b) accepts a ballot or enters a voting machine (except to
15legally give assistance, to replace a spoiled or rejected
16ballot, or at the direction of a judge of elections pursuant to
17the provisions of this Code), shall be guilty of a Class 3
18felony; however, if a person has delivered a ballot or ballots
19to an election authority as a vote by mail voter and due to a
20change of circumstances is able to and does vote in the
21precinct of his residence on election day, shall not be deemed
22to be in violation of this Code. A violation of this Section
23may be prosecuted in any county where an element of the offense

 

 

SB2877- 2 -LRB099 18904 MLM 43291 b

1was committed.
2(Source: P.A. 98-1171, eff. 6-1-15.)
 
3    (10 ILCS 5/29-10)  (from Ch. 46, par. 29-10)
4    Sec. 29-10. Perjury.
5    (a) Any person who knowingly makes a false statement,
6material to the issue or point in question, which he does not
7believe to be true, in any affidavit, certificate or sworn oral
8declaration required by any provision of this Code shall be
9guilty of a Class 3 felony.
10    (b) Any person who is convicted of violating this Section
11shall be ineligible for public employment for a period of 5
12years immediately following the completion of his sentence. For
13the purpose of this subsection, "public employment" shall mean
14any elected or appointed office created by the Constitution or
15laws of this State, or any ordinance of a unit of local
16government. "Public employment" shall also include any
17position as an employee of the State of Illinois, or a unit of
18local government or school district.
19    (c) An indictment or information for perjury under this
20Section alleging that the offender has knowingly made
21contradictory statements, material to the issue or point in
22question, in affidavits, certificates, or sworn oral
23declarations required by any provision of this Code, need not
24specify which statement is false. At the trial, the prosecution
25need not establish which statement is false.

 

 

SB2877- 3 -LRB099 18904 MLM 43291 b

1(Source: P.A. 83-1097.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.