102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2462

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi, Thomas M. Bennett, Chris Miller and Avery Bourne

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-14.1  from Ch. 46, par. 4-14.1

    Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified timeframes.


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A BILL FOR

 

HB2462LRB102 10998 SMS 16330 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
5Section 4-14.1 as follows:
 
6    (10 ILCS 5/4-14.1)  (from Ch. 46, par. 4-14.1)
7    Sec. 4-14.1. Cancelation of deceased voter's registration.
8    (a) Upon establishment of an electronic reporting system
9for death registrations as provided in the Vital Records Act,
10the county clerk of the county where a decedent last resided,
11as indicated on the decedent's death certificate, shall may
12issue certifications of death records from that system and
13shall may use that system to cancel the registration of any
14person who has died during the preceding month. Regardless of
15whether or not such a system has been established, it is the
16duty of the county clerk to examine, monthly, the records
17deposited in his or her office pursuant to the Vital Records
18Act that relate to deaths in the county, and to cancel the
19registration of any person who has died during the preceding
20month. The county coroner, medical examiner, or physician for
21a county or any other individual responsible for certification
22of death under Section 18 of the Vital Records Act shall
23promptly transmit certified records to the county clerk within

 

 

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17 days after the death of the decedent. The county clerk and
2coroner shall report quarterly to its affiliated county board
3and certify its full compliance with this Section and accuracy
4of the voter rolls.
5    (b) Any person may request a copy of the report required in
6subsection (a). Failure to provide an accurate report by the
7county clerk within 5 business days, or 48 hours if 30 days
8before an election, may file suit for injunction or
9declaratory relief to enforce subsection (a) or this
10subsection (b).
11    (c) The circuit court shall have the jurisdiction to order
12the production of the required: (i) deposits of records; (ii)
13production of required reports; and (iii) compliance with
14subsection (a), including establishing the accuracy of the
15voter registration rolls.
16    (d) If a person seeking the right to receive a copy of the
17documents pursuant to subsection (a) or enforce the provision
18of subsection (a) prevails in a proceeding under this Section,
19the court shall award such person reasonable attorney's fees
20and costs. In determining what amount of attorney's fees is
21reasonable, the court shall consider the degree to which the
22relief obtained relates to the relief sought.
23    (e) If the court determines that a public body willfully
24and intentionally failed to comply with this Section, or
25otherwise acted in bad faith, the court shall also impose upon
26the public body a civil penalty of not less than $2,500 nor

 

 

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1more than $5,000 for each occurrence. In assessing the civil
2penalty, the court shall consider in aggravation or mitigation
3the budget of the public body and whether the public body has
4previously been assessed penalties for violations of this
5Section. The court may impose an additional penalty of up to
6$1,000 for each day the violation continues if:
7        (1) the public body fails to comply with the court's
8    order after 30 days;
9        (2) the court's order is not on appeal or stayed; and
10        (3) the court does not grant the public body
11    additional time to comply with the court's order to
12    disclose public records.
13(Source: P.A. 96-1484, eff. 1-1-11.)