100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5830

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-10  from Ch. 46, par. 4-10
10 ILCS 5/5-9  from Ch. 46, par. 5-9
10 ILCS 5/6-37  from Ch. 46, par. 6-37

    Amends the Election Code. In provisions concerning voter registration, provides that an identification card issued by a unit of local government is not an acceptable form of identification. Effective immediately.


LRB100 21138 HLH 37103 b

 

 

A BILL FOR

 

HB5830LRB100 21138 HLH 37103 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 4-10, 5-9, and 6-37 as follows:
 
6    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
7    Sec. 4-10. Except as herein provided, no person shall be
8registered, unless he applies in person to a registration
9officer, answers such relevant questions as may be asked of him
10by the registration officer, and executes the affidavit of
11registration. The registration officer shall require the
12applicant to furnish two forms of identification, and except in
13the case of a homeless individual, one of which must include
14his or her residence address. These forms of identification
15shall include, but not be limited to, any of the following:
16driver's license, social security card, public aid
17identification card, utility bill, employee or student
18identification card, lease or contract for a residence, credit
19card, or a civic, union or professional association membership
20card. An identification card issued by a unit of local
21government is not an acceptable form of identification under
22this Section. The registration officer shall require a homeless
23individual to furnish evidence of his or her use of the mailing

 

 

HB5830- 2 -LRB100 21138 HLH 37103 b

1address stated. This use may be demonstrated by a piece of mail
2addressed to that individual and received at that address or by
3a statement from a person authorizing use of the mailing
4address. The registration officer shall require each applicant
5for registration to read or have read to him the affidavit of
6registration before permitting him to execute the affidavit.
7    One of the registration officers or a deputy registration
8officer, county clerk, or clerk in the office of the county
9clerk, shall administer to all persons who shall personally
10apply to register the following oath or affirmation:
11    "You do solemnly swear (or affirm) that you will fully and
12truly answer all such questions as shall be put to you touching
13your name, place of residence, place of birth, your
14qualifications as an elector and your right as such to register
15and vote under the laws of the State of Illinois."
16    The registration officer shall satisfy himself that each
17applicant for registration is qualified to register before
18registering him. If the registration officer has reason to
19believe that the applicant is a resident of a Soldiers' and
20Sailors' Home or any facility which is licensed or certified
21pursuant to the Nursing Home Care Act, the Specialized Mental
22Health Rehabilitation Act of 2013, the ID/DD Community Care
23Act, or the MC/DD Act, the following question shall be put,
24"When you entered the home which is your present address, was
25it your bona fide intention to become a resident thereof?" Any
26voter of a township, city, village or incorporated town in

 

 

HB5830- 3 -LRB100 21138 HLH 37103 b

1which such applicant resides, shall be permitted to be present
2at the place of any precinct registration and shall have the
3right to challenge any applicant who applies to be registered.
4    In case the officer is not satisfied that the applicant is
5qualified he shall forthwith notify such applicant in writing
6to appear before the county clerk to complete his registration.
7Upon the card of such applicant shall be written the word
8"incomplete" and no such applicant shall be permitted to vote
9unless such registration is satisfactorily completed as
10hereinafter provided. No registration shall be taken and marked
11as incomplete if information to complete it can be furnished on
12the date of the original application.
13    Any person claiming to be an elector in any election
14precinct and whose registration card is marked "Incomplete" may
15make and sign an application in writing, under oath, to the
16county clerk in substance in the following form:
17    "I do solemnly swear that I, ...., did on (insert date)
18make application to the board of registry of the .... precinct
19of the township of .... (or to the county clerk of .... county)
20and that said board or clerk refused to complete my
21registration as a qualified voter in said precinct. That I
22reside in said precinct, that I intend to reside in said
23precinct, and am a duly qualified voter of said precinct and am
24entitled to be registered to vote in said precinct at the next
25election.
26(Signature of applicant) ............................."
 

 

 

HB5830- 4 -LRB100 21138 HLH 37103 b

1    All such applications shall be presented to the county
2clerk or to his duly authorized representative by the
3applicant, in person between the hours of 9:00 a.m. and 5:00
4p.m. on any day after the days on which the 1969 and 1970
5precinct re-registrations are held but not on any day within 27
6days preceding the ensuing general election and thereafter for
7the registration provided in Section 4-7 all such applications
8shall be presented to the county clerk or his duly authorized
9representative by the applicant in person between the hours of
109:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
11the ensuing general election. Such application shall be heard
12by the county clerk or his duly authorized representative at
13the time the application is presented. If the applicant for
14registration has registered with the county clerk, such
15application may be presented to and heard by the county clerk
16or by his duly authorized representative upon the dates
17specified above or at any time prior thereto designated by the
18county clerk.
19    Any otherwise qualified person who is absent from his
20county of residence either due to business of the United States
21or because he is temporarily outside the territorial limits of
22the United States may become registered by mailing an
23application to the county clerk within the periods of
24registration provided for in this Article, or by simultaneous
25application for registration by mail and vote by mail ballot as

 

 

HB5830- 5 -LRB100 21138 HLH 37103 b

1provided in Article 20 of this Code.
2    Upon receipt of such application the county clerk shall
3immediately mail an affidavit of registration in duplicate,
4which affidavit shall contain the following and such other
5information as the State Board of Elections may think it proper
6to require for the identification of the applicant:
7    Name. The name of the applicant, giving surname and first
8or Christian name in full, and the middle name or the initial
9for such middle name, if any.
10    Sex.
11    Residence. The name and number of the street, avenue or
12other location of the dwelling, and such additional clear and
13definite description as may be necessary to determine the exact
14location of the dwelling of the applicant. Where the location
15cannot be determined by street and number, then the Section,
16congressional township and range number may be used, or such
17other information as may be necessary, including post office
18mailing address.
19    Electronic mail address, if the registrant has provided
20this information.
21    Term of residence in the State of Illinois and the
22precinct.
23    Nativity. The State or country in which the applicant was
24born.
25    Citizenship. Whether the applicant is native born or
26naturalized. If naturalized, the court, place and date of

 

 

HB5830- 6 -LRB100 21138 HLH 37103 b

1naturalization.
2    Age. Date of birth, by month, day and year.
3    Out of State address of ..........................
4
AFFIDAVIT OF REGISTRATION
5State of ...........)  
6                   )ss
7County of ..........)
8    I hereby swear (or affirm) that I am a citizen of the
9United States; that on the day of the next election I shall
10have resided in the State of Illinois and in the election
11precinct 30 days; that I am fully qualified to vote, that I am
12not registered to vote anywhere else in the United States, that
13I intend to remain a resident of the State of Illinois and of
14the election precinct, that I intend to return to the State of
15Illinois, and that the above statements are true.
16
..............................
17
(His or her signature or mark)
18    Subscribed and sworn to before me, an officer qualified to
19administer oaths, on (insert date).
20
........................................
21
Signature of officer administering oath.
22    Upon receipt of the executed duplicate affidavit of
23Registration, the county clerk shall transfer the information
24contained thereon to duplicate Registration Cards provided for
25in Section 4-8 of this Article and shall attach thereto a copy
26of each of the duplicate affidavit of registration and

 

 

HB5830- 7 -LRB100 21138 HLH 37103 b

1thereafter such registration card and affidavit shall
2constitute the registration of such person the same as if he
3had applied for registration in person.
4(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
598-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
67-29-15.)
 
7    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
8    Sec. 5-9. Except as herein provided, no person shall be
9registered unless he applies in person to registration officer,
10answers such relevant questions as may be asked of him by the
11registration officer, and executes the affidavit of
12registration. The registration officer shall require the
13applicant to furnish two forms of identification, and except in
14the case of a homeless individual, one of which must include
15his or her residence address. These forms of identification
16shall include, but not be limited to, any of the following:
17driver's license, social security card, public aid
18identification card, utility bill, employee or student
19identification card, lease or contract for a residence, credit
20card, or a civic, union or professional association membership
21card. An identification card issued by a unit of local
22government is not an acceptable form of identification under
23this Section. The registration officer shall require a homeless
24individual to furnish evidence of his or her use of the mailing
25address stated. This use may be demonstrated by a piece of mail

 

 

HB5830- 8 -LRB100 21138 HLH 37103 b

1addressed to that individual and received at that address or by
2a statement from a person authorizing use of the mailing
3address. The registration officer shall require each applicant
4for registration to read or have read to him the affidavit of
5registration before permitting him to execute the affidavit.
6    One of the Deputy Registrars, the Judge of Registration, or
7an Officer of Registration, County Clerk, or clerk in the
8office of the County Clerk, shall administer to all persons who
9shall personally apply to register the following oath or
10affirmation:
11    "You do solemnly swear (or affirm) that you will fully and
12truly answer all such questions as shall be put to you touching
13your place of residence, name, place of birth, your
14qualifications as an elector and your right as such to register
15and vote under the laws of the State of Illinois."
16    The Registration Officer shall satisfy himself that each
17applicant for registration is qualified to register before
18registering him. If the registration officer has reason to
19believe that the applicant is a resident of a Soldiers' and
20Sailors' Home or any facility which is licensed or certified
21pursuant to the Nursing Home Care Act, the Specialized Mental
22Health Rehabilitation Act of 2013, the ID/DD Community Care
23Act, or the MC/DD Act, the following question shall be put,
24"When you entered the home which is your present address, was
25it your bona fide intention to become a resident thereof?" Any
26voter of a township, city, village or incorporated town in

 

 

HB5830- 9 -LRB100 21138 HLH 37103 b

1which such applicant resides, shall be permitted to be present
2at the place of precinct registration, and shall have the right
3to challenge any applicant who applies to be registered.
4    In case the officer is not satisfied that the applicant is
5qualified, he shall forthwith in writing notify such applicant
6to appear before the County Clerk to furnish further proof of
7his qualifications. Upon the card of such applicant shall be
8written the word "Incomplete" and no such applicant shall be
9permitted to vote unless such registration is satisfactorily
10completed as hereinafter provided. No registration shall be
11taken and marked as "incomplete" if information to complete it
12can be furnished on the date of the original application.
13    Any person claiming to be an elector in any election
14precinct in such township, city, village or incorporated town
15and whose registration is marked "Incomplete" may make and sign
16an application in writing, under oath, to the County Clerk in
17substance in the following form:
18    "I do solemnly swear that I, .........., did on (insert
19date) make application to the Board of Registry of the ........
20precinct of ........ ward of the City of .... or of the
21......... District ......... Town of .......... (or to the
22County Clerk of .............) and ............ County; that
23said Board or Clerk refused to complete my registration as a
24qualified voter in said precinct, that I reside in said
25precinct (or that I intend to reside in said precinct), am a
26duly qualified voter and entitled to vote in said precinct at

 

 

HB5830- 10 -LRB100 21138 HLH 37103 b

1the next election.
2
...........................
3
(Signature of Applicant)"
4    All such applications shall be presented to the County
5Clerk by the applicant, in person between the hours of nine
6o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
7the third week subsequent to the weeks in which the 1961 and
81962 precinct re-registrations are to be held, and thereafter
9for the registration provided in Section 5-17 of this Article,
10all such applications shall be presented to the County Clerk by
11the applicant in person between the hours of nine o'clock a.m.
12and nine o'clock p.m. on Monday and Tuesday of the third week
13prior to the date on which such election is to be held.
14    Any otherwise qualified person who is absent from his
15county of residence either due to business of the United States
16or because he is temporarily outside the territorial limits of
17the United States may become registered by mailing an
18application to the county clerk within the periods of
19registration provided for in this Article or by simultaneous
20application for registration by mail and vote by mail ballot as
21provided in Article 20 of this Code.
22    Upon receipt of such application the county clerk shall
23immediately mail an affidavit of registration in duplicate,
24which affidavit shall contain the following and such other
25information as the State Board of Elections may think it proper
26to require for the identification of the applicant:

 

 

HB5830- 11 -LRB100 21138 HLH 37103 b

1    Name. The name of the applicant, giving surname and first
2or Christian name in full, and the middle name or the initial
3for such middle name, if any.
4    Sex.
5    Residence. The name and number of the street, avenue or
6other location of the dwelling, and such additional clear and
7definite description as may be necessary to determine the exact
8location of the dwelling of the applicant. Where the location
9cannot be determined by street and number, then the Section,
10congressional township and range number may be used, or such
11other information as may be necessary, including post office
12mailing address.
13    Electronic mail address, if the registrant has provided
14this information.
15    Term of residence in the State of Illinois and the
16precinct.
17    Nativity. The State or country in which the applicant was
18born.
19    Citizenship. Whether the applicant is native born or
20naturalized. If naturalized, the court, place and date of
21naturalization.
22    Age. Date of birth, by month, day and year.
23    Out of State address of ..........................
24
AFFIDAVIT OF REGISTRATION
25State of .........)  
26                 )ss

 

 

HB5830- 12 -LRB100 21138 HLH 37103 b

1County of ........)
2    I hereby swear (or affirm) that I am a citizen of the
3United States; that on the day of the next election I shall
4have resided in the State of Illinois for 6 months and in the
5election precinct 30 days; that I am fully qualified to vote,
6that I am not registered to vote anywhere else in the United
7States, that I intend to remain a resident of the State of
8Illinois and of the election precinct, that I intend to return
9to the State of Illinois, and that the above statements are
10true.
11
..............................
12
(His or her signature or mark)
13    Subscribed and sworn to before me, an officer qualified to
14administer oaths, on (insert date).
15
........................................
16
Signature of officer administering oath.

 
17    Upon receipt of the executed duplicate affidavit of
18Registration, the county clerk shall transfer the information
19contained thereon to duplicate Registration Cards provided for
20in Section 5-7 of this Article and shall attach thereto a copy
21of each of the duplicate affidavit of registration and
22thereafter such registration card and affidavit shall
23constitute the registration of such person the same as if he
24had applied for registration in person.
25(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;

 

 

HB5830- 13 -LRB100 21138 HLH 37103 b

198-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
27-29-15.)
 
3    (10 ILCS 5/6-37)  (from Ch. 46, par. 6-37)
4    Sec. 6-37. Except as otherwise provided for in Section 6-29
5of this Article, no person shall be registered unless he
6applies in person to a registration officer, answers such
7relevant questions as may be asked of him by the registration
8officer, and executes the affidavit of registration. The
9registration officer shall require the applicant to furnish two
10forms of identification, and except in the case of a homeless
11individual, one of which must include his or her residence
12address. These forms of identification shall include, but not
13be limited to, any of the following: driver's license, social
14security card, public aid identification card, utility bill,
15employee or student identification card, lease or contract for
16a residence, credit card, or a civic, union or professional
17association membership card. An identification card issued by a
18unit of local government is not an acceptable form of
19identification under this Section. The registration officer
20shall require a homeless individual to furnish evidence of his
21or her use of the mailing address stated. This use may be
22demonstrated by a piece of mail addressed to that individual
23and received at that address or by a statement from a person
24authorizing use of the mailing address. The registration
25officer shall require each applicant for registration to read

 

 

HB5830- 14 -LRB100 21138 HLH 37103 b

1or have read to him the affidavit of registration before
2permitting him to execute the affidavit.
3    The registration officer shall satisfy himself that each
4applicant for registration is qualified to register before
5registering him. Any voter of the ward, village or incorporated
6town in which such applicant resides, shall be permitted to be
7present at the place of registration, and shall have the right
8to challenge any applicant who applies to be registered.
9    In case the officer is not satisfied that the applicant is
10qualified he shall forthwith in writing notify such applicant
11to appear before the board of election commissioners to furnish
12further proof of his qualification. Upon the card of such
13applicant shall be written the word "incomplete" and no such
14applicant shall be permitted to vote unless such registration
15is satisfactorily completed as hereinafter provided.
16    Any person claiming to be an elector in any election
17precinct in such city, village or incorporated town and whose
18registration is marked "incomplete" may make and sign an
19application in writing, under oath, to the board of election
20commissioners in substance in the following form:
21    "I do solemnly swear that I,.... did on .... make
22application to the board of registry of the .... precinct of
23.... ward of the city of ....(or to the board of election
24commissioners of ....) and that said board refused to complete
25my registration as a qualified voter in said precinct, that I
26reside in said precinct, am a duly qualified voter and entitled

 

 

HB5830- 15 -LRB100 21138 HLH 37103 b

1to vote in said precinct at the next election.
2
....(Signature of Applicant)"
3    In all cities, villages or incorporated towns having a
4population of less than 200,000 all such applications shall be
5presented to the board of election commissioners by the
6applicant, in person, between the hours of nine o'clock a.m.,
7and five o'clock p.m. on Tuesday or Wednesday of the second
8week prior to the week in which such election is to be held,
9and in all municipalities having a population of more than
10200,000 and having a board of election commissioners and in all
11cities, villages and incorporated towns within the
12jurisdiction of such board, all such applications shall be
13presented to the board of election commissioners by the
14applicant, in person between the hours of nine o'clock a.m. and
15five o'clock p.m., on Monday and Tuesday of the third week
16prior to the week in which such election is to be held.
17(Source: P.A. 96-317, eff. 1-1-10.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.