Rep. Mark Batinick
Filed: 3/17/2021
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1 | AMENDMENT TO HOUSE BILL 1920
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2 | AMENDMENT NO. ______. Amend House Bill 1920 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1A-16.8, 4-30, 5-25, and 6-59 as follows: | ||||||
6 | (10 ILCS 5/1A-16.8) | ||||||
7 | Sec. 1A-16.8. Automatic transfer of registration based | ||||||
8 | upon information from the National Change of Address database | ||||||
9 | and designated automatic voter registration agencies. | ||||||
10 | (a) The State Board of Elections shall cross-reference the | ||||||
11 | statewide voter registration database against the United | ||||||
12 | States Postal Service's National Change of Address database | ||||||
13 | twice each calendar year, April 15 and October 1 in | ||||||
14 | odd-numbered years and April 15 and December 1 in | ||||||
15 | even-numbered years or with the same frequency as in | ||||||
16 | subsection (b) of this Section, and shall share the findings |
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1 | with the election authorities. | ||||||
2 | (b) In addition, beginning no later than September 1, | ||||||
3 | 2017, the State Board of Elections shall utilize data provided | ||||||
4 | as part of its membership in the Electronic Registration | ||||||
5 | Information Center in order to cross-reference the statewide | ||||||
6 | voter registration database against databases of relevant | ||||||
7 | personal information kept by designated automatic voter | ||||||
8 | registration agencies, including, but not limited to, driver's | ||||||
9 | license information kept by the Secretary of State, at least 6 | ||||||
10 | times each calendar year and shall share the findings with | ||||||
11 | election authorities. | ||||||
12 | This subsection (b) shall no longer apply once Sections | ||||||
13 | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | ||||||
14 | determined by the State Board of Elections. Upon a | ||||||
15 | determination by the State Board of Elections of full | ||||||
16 | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | ||||||
17 | the State Board of Elections shall file notice of full | ||||||
18 | implementation and the inapplicability of this subsection (b) | ||||||
19 | with the Index Department of the Office of the Secretary of | ||||||
20 | State, the Governor, the General Assembly, and the Legislative | ||||||
21 | Reference Bureau. | ||||||
22 | (b-5) The State Board of Elections shall not be required | ||||||
23 | to share any data on any voter attained using the National | ||||||
24 | Change of Address database under subsection (a) of this | ||||||
25 | Section if that voter has a more recent government transaction | ||||||
26 | indicated using the cross-reference under subsection (b) of |
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1 | this Section. If there is contradictory or unclear data | ||||||
2 | between data obtained under subsections (a) and (b) of this | ||||||
3 | Section, then data obtained under subsection (b) of this | ||||||
4 | Section shall take priority. | ||||||
5 | (c) Within 90 days of receipt of information from the | ||||||
6 | National Change of Address database, an An election authority | ||||||
7 | shall automatically register any voter who has moved into its | ||||||
8 | jurisdiction from another jurisdiction in Illinois or has | ||||||
9 | moved within its jurisdiction provided that: | ||||||
10 | (1) the election authority whose jurisdiction includes | ||||||
11 | the new registration address provides the voter an | ||||||
12 | opportunity to reject the change in registration address | ||||||
13 | through a mailing, sent by non-forwardable mail, to the | ||||||
14 | new registration address, and | ||||||
15 | (2) when the election authority whose jurisdiction | ||||||
16 | includes the previous registration address is a different | ||||||
17 | election authority, then that election authority provides | ||||||
18 | the same opportunity through a mailing, sent by | ||||||
19 | forwardable mail, to the previous registration address. | ||||||
20 | This change in registration shall trigger the same | ||||||
21 | inter-jurisdictional or intra-jurisdictional workflows as if | ||||||
22 | the voter completed a new registration card, including the | ||||||
23 | cancellation of the voter's previous registration. Should the | ||||||
24 | registration of a voter be changed from one address to another | ||||||
25 | within the State and should the voter appear at the polls and | ||||||
26 | offer to vote from the prior registration address, attesting |
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1 | that the prior registration address is the true current | ||||||
2 | address, the voter, if confirmed by the election authority as | ||||||
3 | having been registered at the prior registration address and | ||||||
4 | canceled only by the process authorized by this Section, shall | ||||||
5 | be issued a regular ballot, and the change of registration | ||||||
6 | address shall be canceled. If the election authority is unable | ||||||
7 | to immediately confirm the registration, the voter shall be | ||||||
8 | permitted to register and vote a regular ballot, provided that | ||||||
9 | he or she meets the documentary requirements for same-day | ||||||
10 | registration. If the election authority is unable to confirm | ||||||
11 | the registration and the voter does not meet the requirements | ||||||
12 | for same-day registration, the voter shall be issued a | ||||||
13 | provisional ballot.
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14 | (d) No voter shall be disqualified from voting due to an | ||||||
15 | error relating to an update of registration under this | ||||||
16 | Section. | ||||||
17 | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
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18 | (10 ILCS 5/4-30) (from Ch. 46, par. 4-30)
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19 | Sec. 4-30.
The county clerk on his own initiative or upon | ||||||
20 | order of
the county board shall at all times have authority to
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21 | conduct investigation and to make canvasses of the registered | ||||||
22 | voters in
any precinct canvass or at other times and by other | ||||||
23 | methods than those
so prescribed. However, the county clerk | ||||||
24 | shall at least once in every 2
years conduct a verification of | ||||||
25 | voter registrations and shall cause the
cancellation of |
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1 | registration of persons who have ceased to be qualified
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2 | voters. The verification shall be conducted and completed | ||||||
3 | after a consolidated election in an odd numbered year but | ||||||
4 | before the first day of candidate circulation for candidate | ||||||
5 | filing for the following primary election in an even numbered | ||||||
6 | year. Such verification shall be accomplished by one of the
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7 | following methods: (1) precinct canvass conducted by 2 | ||||||
8 | qualified
persons of opposite party affiliation appointed by | ||||||
9 | the county clerk or (2)
written request for verification sent | ||||||
10 | to each registered voter by first
class mail, not forwardable | ||||||
11 | or (3) an alternative method of verification
submitted in | ||||||
12 | writing to and approved by the State Board of Elections at
a | ||||||
13 | public meeting not less than 60 days prior to the date on which | ||||||
14 | the county
clerk has fixed for implementation of that method | ||||||
15 | of verification; provided,
that the county clerk shall certify | ||||||
16 | submit to the State Board of Elections that the verification | ||||||
17 | has been conducted and completed and include
a written | ||||||
18 | statement of the results obtained by use of such alternative | ||||||
19 | method
within 30 days of completion of the verification. | ||||||
20 | Provided that in
each precinct one canvasser may be appointed | ||||||
21 | from outside such precinct
if not enough other qualified | ||||||
22 | persons who reside within the precinct can
be found to serve as | ||||||
23 | canvasser in such precinct. The one canvasser so
appointed to | ||||||
24 | serve in any precinct in which he is not entitled to vote
prior | ||||||
25 | to the election must be entitled to vote elsewhere within the | ||||||
26 | ward,
township or road district which includes within its |
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1 | boundaries the precinct
in which such canvasser is appointed | ||||||
2 | and such canvasser must be otherwise
qualified. If upon the | ||||||
3 | basis of investigation or canvasses, the county
clerk shall be | ||||||
4 | of the opinion that any person registered under this
Article | ||||||
5 | is not a qualified voter or has ceased to be a qualified
voter, | ||||||
6 | he shall send a notice through the United States mail to such
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7 | person, requiring him to appear before the county clerk for a | ||||||
8 | hearing
within ten days after the date of mailing such notice | ||||||
9 | and show cause why
his registration shall not be cancelled. If | ||||||
10 | such person fails to appear
within such time as provided, his | ||||||
11 | registration shall be cancelled. If
such a person does appear, | ||||||
12 | he shall make an affidavit similar in every
respect to the | ||||||
13 | affidavit required of applicants under Section 4-13 and his
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14 | registration shall be reinstated.
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15 | If the county clerk cancels such registration upon the | ||||||
16 | voter failing
to appear, the county clerk shall immediately
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17 | request of the clerk of the city, village or incorporated town | ||||||
18 | in which
the person claimed residence, to return the | ||||||
19 | triplicate card of
registration of the said person and within | ||||||
20 | twenty-four hours after
receipt of said request, the said | ||||||
21 | clerk shall mail or cause to be
delivered to the county clerk | ||||||
22 | the triplicate card of registration of the
said person and the | ||||||
23 | said triplicate card shall thereupon be cancelled by
the | ||||||
24 | county clerk.
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25 | (Source: P.A. 84-1308.)
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1 | (10 ILCS 5/5-25) (from Ch. 46, par. 5-25)
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2 | Sec. 5-25.
The county clerk on his own initiative or upon | ||||||
3 | order of
the board of county commissioners shall at all times | ||||||
4 | have authority to
conduct investigation and to make canvasses | ||||||
5 | of the registered voters in
any precinct canvass or at other | ||||||
6 | times and by other methods than those
so prescribed. However, | ||||||
7 | the county clerk shall conduct
a verification of voter | ||||||
8 | registrations at least once in
every 2 years, and shall cause | ||||||
9 | the cancellation of registration of persons
who have ceased to | ||||||
10 | be qualified voters. The verification shall be conducted and | ||||||
11 | completed after a consolidated election in an odd numbered | ||||||
12 | year but before the first day of candidate circulation for | ||||||
13 | candidate filing for the following primary election in an even | ||||||
14 | numbered year. Such verification shall be accomplished
by one | ||||||
15 | of the following methods: (1) precinct canvass conducted by 2 | ||||||
16 | qualified
persons of opposite party affiliation appointed by | ||||||
17 | the county clerk or (2)
written request for verification sent | ||||||
18 | to each registered voter by first
class mail, not forwardable | ||||||
19 | or (3) an alternative method of verification
submitted in | ||||||
20 | writing to and approved by the State Board of Elections at
a | ||||||
21 | public meeting not less than 60 days prior to the date which | ||||||
22 | the county
clerk has fixed for implementation of that method | ||||||
23 | of verification; provided,
that the county clerk shall certify | ||||||
24 | submit to the State Board of Elections that the verification | ||||||
25 | has been conducted and completed and include a written
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26 | statement of the results obtained by use of such alternative |
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1 | method within
30 days of completion of the verification. In
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2 | each precinct one canvasser may be appointed from outside such | ||||||
3 | precinct
if not enough other qualified persons who reside | ||||||
4 | within the precinct can
be found to serve as canvasser in such | ||||||
5 | precinct. The one canvasser so
appointed to serve in any | ||||||
6 | precinct in which he is not entitled to vote
prior to the | ||||||
7 | election must be entitled to vote elsewhere within the ward
or | ||||||
8 | township which includes within its boundaries the precinct in | ||||||
9 | which
such canvasser is appointed and such canvasser must be | ||||||
10 | otherwise
qualified. If upon the basis of investigation or | ||||||
11 | canvasses, the county
clerk shall be of the opinion that any | ||||||
12 | person registered under this
Article 5 is not a qualified | ||||||
13 | voter or has ceased to be a qualified
voter, he shall send a | ||||||
14 | notice through the United States mail to such
person, | ||||||
15 | requiring him to appear before the county clerk for a hearing
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16 | within ten days after the date of mailing such notice and show | ||||||
17 | cause why
his registration shall not be cancelled. If such | ||||||
18 | person fails to appear
within such time as provided, his | ||||||
19 | registration shall be cancelled. If
such a person does appear, | ||||||
20 | he shall make an affidavit similar in every
respect to the | ||||||
21 | affidavit required of applicants under Section 5-16 of
this | ||||||
22 | Article 5.
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23 | (Source: P.A. 81-1535.)
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24 | (10 ILCS 5/6-59) (from Ch. 46, par. 6-59)
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25 | Sec. 6-59.
The Board of Election Commissioners on its own |
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1 | initiative,
or upon order of the circuit court, shall at all | ||||||
2 | times have authority to
conduct investigations and to make | ||||||
3 | canvasses of the registered voters in
any precinct or | ||||||
4 | precincts within its jurisdiction either by the methods
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5 | provided in this Article or at other times and by other methods | ||||||
6 | than
those prescribed herein. However, the Board of Election | ||||||
7 | Commissioners
shall , at least
once in every 2 years, conduct a | ||||||
8 | verification of voter registrations
and shall cause the | ||||||
9 | cancellation of registration
of persons who have ceased to be | ||||||
10 | qualified voters. The verification shall be conducted and | ||||||
11 | completed after a consolidated election in an odd numbered | ||||||
12 | year but before the first day of candidate circulation for | ||||||
13 | candidate filing for the following primary election in an even | ||||||
14 | numbered year. Such verification shall
be accomplished by one | ||||||
15 | of the following methods: (1) precinct canvass conducted
by 2 | ||||||
16 | qualified persons of opposite party affiliation appointed by | ||||||
17 | the Board
of Election Commissioners or (2) written request | ||||||
18 | sent to each registered
voter by first class mail, not | ||||||
19 | forwardable or (3) an alternative method
of verification | ||||||
20 | submitted in writing to and approved by The State Board
of | ||||||
21 | Elections at a public meeting not less than 60 days prior to | ||||||
22 | the date
on which the Board of Election Commissioners has | ||||||
23 | fixed for implementation
of that method of verification; | ||||||
24 | provided, said Board shall certify submit to the
State Board | ||||||
25 | of Elections that the verification has been conducted and | ||||||
26 | completed and include a written statement of the results |
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1 | obtained by
use of such alternative method within 30 days of | ||||||
2 | the completion of the verification.
If, upon
the basis of | ||||||
3 | investigations or canvasses, the board shall be of the
opinion | ||||||
4 | that any person registered under this Article is not a | ||||||
5 | qualified
voter or has ceased to be a qualified voter, it shall | ||||||
6 | send a notice
through the United States mail to such person, | ||||||
7 | requiring him to appear
before such board at a time specified | ||||||
8 | in such notice, not less than 10
nor more than 30 days after | ||||||
9 | the mailing of such notice and show cause
why his registration | ||||||
10 | should not be cancelled. If such a person does not
appear, his | ||||||
11 | registration shall be cancelled. If such a person does
appear | ||||||
12 | he shall make an affidavit and shall be heard in the manner
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13 | provided by Section 6-45 of this Article, and if his | ||||||
14 | registration is
cancelled as a result of such a hearing, he | ||||||
15 | shall be entitled to a
hearing in the circuit court and to an | ||||||
16 | appeal to the Supreme Court in
the manner provided by Section | ||||||
17 | 6-52 of this Article.
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18 | Whenever the Board of Election Commissioners acting under | ||||||
19 | authority
of this section conducts a canvass of the registered | ||||||
20 | voters in any
precinct or precincts and the board designates | ||||||
21 | canvassers to conduct the
canvass, the board shall appoint as | ||||||
22 | canvassers persons affiliated with
the leading political | ||||||
23 | parties in like manner as judges of election are
appointed | ||||||
24 | under the provisions of Section 14-4 of this Act; provided
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25 | that in each precinct in counties of 500,000 inhabitants or | ||||||
26 | more, one
canvasser may be appointed from outside such |
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1 | precinct if not enough
other qualified persons who reside | ||||||
2 | within the precinct can be found to
serve as canvasser in such | ||||||
3 | precinct. The one canvasser so appointed to
serve in any | ||||||
4 | precinct in which he is not entitled to vote prior to the
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5 | election must be entitled to vote elsewhere within the ward or | ||||||
6 | township
which includes within its boundaries the precinct in | ||||||
7 | which such
canvasser is appointed and such canvasser must be | ||||||
8 | otherwise qualified.
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9 | The canvassers, so appointed by virtue of this section, | ||||||
10 | shall comply
with the provisions of Sections 6-40 and 6-41 | ||||||
11 | relative to the mailing
and leaving of notices at the | ||||||
12 | addresses of persons whose right to vote
in the precinct or | ||||||
13 | precincts is questioned.
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14 | (Source: P.A. 81-1433.)".
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