HB1149 103RD GENERAL ASSEMBLY

LRB103 04862 AWJ 49872 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1149

Introduced 1/12/2023, by Rep. Charles Meier

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1A-16.8
10 ILCS 5/4-14.2 new
10 ILCS 5/4-30	from Ch. 46, par. 4-30
10 ILCS 5/5-9.2 new
10 ILCS 5/5-25	from Ch. 46, par. 5-25
10 ILCS 5/6-55.1 new
10 ILCS 5/6-59	from Ch. 46, par. 6-59
705 ILCS 310/9.3 new

Amends the Jury Commission Act. Provides that the clerk of the circuit court shall notify the jury administrator or jury commissioners of each jury summons that is returned indicating a change of address. Provides that, not less often than every 3 months, the jury administrator or jury commissioners shall send the local election authority a list of each such change of address. Amends the Election Code. Contains provisions concerning the cancellation of voter registration if the county clerk is of the opinion that the person is not a qualified voter or has ceased to be a qualified voter. In provisions requiring election authorities to automatically register a voter who has moved to a new jurisdiction in Illinois or within the jurisdiction, requires the election authority to act within 90 days of receipt of information from the National Change of Address Linkage System. Requires county clerks and the Board of Election Commissioners to complete verifications of voter registrations after a consolidated election in an odd-numbered year but before the first day allowed for circulation of a petition for nomination for a candidate for the following primary election in an even-numbered year (rather than at least once in every 2 years). Requires the county clerks and the Board of Election Commissioners to certify to the State Board of Elections that the verification has been conducted and completed within 30 days of completion of the verification.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 1A-16.8, 4-30, 5-25, and 6-59 and by adding Sections 4-14.2, 5-9.2, and 6-55.1 as follows:

(10 ILCS 5/1A-16.8)

Sec. 1A-16.8. Automatic transfer of registration based upon information from the National Change of Address database and designated automatic voter registration agencies.

(a) The State Board of Elections shall cross-reference the statewide voter registration database against the United States Postal Service's National Change of Address database twice each calendar year, April 15 and October 1 in odd-numbered years and April 15 and December 1 in even-numbered years or with the same frequency as in subsection (b) of this Section, and shall share the findings with the election authorities.

(b) In addition, beginning no later than September 1, 2017, the State Board of Elections shall utilize data provided as part of its membership in the Electronic Registration Information Center in order to cross-reference the statewide voter registration database against databases of relevant personal information kept by designated automatic voter registration agencies, including, but not limited to, driver's license information kept by the Secretary of State, at least 6 times each calendar year and shall share the findings with election authorities.

This subsection (b) shall no longer apply once Sections 1A-16.1 and 1A-16.2 of this Code are fully implemented as determined by the State Board of Elections. Upon a determination by the State Board of Elections of full implementation of Sections 1A-16.1 and 1A-16.2 of this Code, the State Board of Elections shall file notice of full implementation and the inapplicability of this subsection (b) with the Index Department of the Office of the Secretary of State, the Governor, the General Assembly, and the Legislative Reference Bureau.

(b-5) The State Board of Elections shall not be required to share any data on any voter attained using the National Change of Address database under subsection (a) of this Section if that voter has a more recent government transaction indicated using the cross-reference under subsection (b) of this Section. If there is contradictory or unclear data between data obtained under subsections (a) and (b) of this Section, then data obtained under subsection (b) of this Section shall take priority.

(c) Within 90 days of receipt of information from the National Change of Address Linkage System maintained by the United States Postal Service, an An election authority shall automatically register any voter who has moved into its jurisdiction from another jurisdiction in Illinois or has moved within its jurisdiction provided that:

(1) the election authority whose jurisdiction includes the new registration address provides the voter an opportunity to reject the change in registration address through a mailing, sent by non-forwardable mail, to the new registration address, and

(2) when the election authority whose jurisdiction includes the previous registration address is a different election authority, then that election authority provides the same opportunity through a mailing, sent by forwardable mail, to the previous registration address.

This change in registration shall trigger the same inter-jurisdictional or intra-jurisdictional workflows as if the voter completed a new registration card, including the cancellation of the voter's previous registration. Should the registration of a voter be changed from one address to another within the State and should the voter appear at the polls and offer to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot.

(d) No voter shall be disqualified from voting due to an error relating to an update of registration under this Section.

(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)

(10 ILCS 5/4-14.2 new)

Sec. 4-14.2. Review of jury summons. If, upon review of the list of returned juror summons under Section 9.3 of the Jury Commission Act, the county clerk is of the opinion that any person registered is not a qualified voter or has ceased to be a qualified voter, the county clerk shall send a notice through the United States mail to the person, requiring the person to appear before the county clerk for a hearing within 5 days after the date of mailing the notice and to show cause why the person's registration shall not be canceled. If the person fails to appear within the prescribed time, the person's registration shall be canceled. If the person does appear, the person shall execute an affidavit similar in every respect to the affidavit required of applicants under Section 4-8.

(10 ILCS 5/4-30) (from Ch. 46, par. 4-30)

Sec. 4-30. The county clerk on his own initiative or upon order of the county board shall at all times have authority to conduct investigation and to make canvasses of the registered voters in any precinct canvass or at other times and by other methods than those so prescribed. However, the county clerk shall at least once in every 2 years conduct a verification of voter registrations and shall cause the cancellation of registration of persons who have ceased to be qualified voters. The verification shall be conducted and completed after a consolidated election in an odd-numbered year but before the first day allowed for circulation of a petition for nomination for a candidate for the following primary election in an even-numbered year. Such verification shall be accomplished by one of the following methods: (1) precinct canvass conducted by 2 qualified persons of opposite party affiliation appointed by the county clerk or (2) written request for verification sent to each registered voter by first class mail, not forwardable or (3) an alternative method of verification submitted in writing to and approved by the State Board of Elections at a public meeting not less than 60 days prior to the date on which the county clerk has fixed for implementation of that method of verification; provided, that the county clerk shall certify submit to the State Board of Elections that the verification has been conducted and completed and include a written statement of the results obtained by use of such alternative method within 30 days of completion of the verification. Provided that in each precinct one canvasser may be appointed from outside such precinct if not enough other qualified persons who reside within the precinct can be found to serve as canvasser in such precinct. The one canvasser so appointed to serve in any precinct in which he is not entitled to vote prior to the election must be entitled to vote elsewhere within the ward, township or road district which includes within its boundaries the precinct in which such canvasser is appointed and such canvasser must be otherwise qualified. If upon the basis of investigation or canvasses, the county clerk shall be of the opinion that any person registered under this Article is not a qualified voter or has ceased to be a qualified voter, he shall send a notice through the United States mail to such person, requiring him to appear before the county clerk for a hearing within ten days after the date of mailing such notice and show cause why his registration shall not be cancelled. If such person fails to appear within such time as provided, his registration shall be cancelled. If such a person does appear, he shall make an affidavit similar in every respect to the affidavit required of applicants under Section 4-13 and his registration shall be reinstated.

If the county clerk cancels such registration upon the voter failing to appear, the county clerk shall immediately request of the clerk of the city, village or incorporated town in which the person claimed residence, to return the triplicate card of registration of the said person and within twenty-four hours after receipt of said request, the said clerk shall mail or cause to be delivered to the county clerk the triplicate card of registration of the said person and the said triplicate card shall thereupon be cancelled by the county clerk.

(Source: P.A. 84-1308.)

(10 ILCS 5/5-9.2 new)

Sec. 5-9.2. Review of jury summons. If, upon review of the list of returned juror summons under Section 9.3 of the Jury Commission Act, the county clerk is of the opinion that any person registered is not a qualified voter or has ceased to be a qualified voter, the county clerk shall send a notice through the United States mail to the person, requiring the person to appear before the county clerk for a hearing within 5 days after the date of mailing the notice and to show cause why the person's registration shall not be canceled. If the person fails to appear within the time provided, the person's registration shall be canceled. If the person does appear, the person shall execute an affidavit similar in every respect to the affidavit required of applicants under Section 5-7.

(10 ILCS 5/5-25) (from Ch. 46, par. 5-25)

Sec. 5-25. The county clerk on his own initiative or upon order of the board of county commissioners shall at all times have authority to conduct investigation and to make canvasses of the registered voters in any precinct canvass or at other times and by other methods than those so prescribed. However, the county clerk shall conduct a verification of voter registrations at least once in every 2 years, and shall cause the cancellation of registration of persons who have ceased to be qualified voters. The verification shall be conducted and completed after a consolidated election in an odd-numbered year but before the first day allowed for circulation of a petition for nomination for a candidate for the following primary election in an even-numbered year. Such verification shall be accomplished by one of the following methods: (1) precinct canvass conducted by 2 qualified persons of opposite party affiliation appointed by the county clerk or (2) written request for verification sent to each registered voter by first class mail, not forwardable or (3) an alternative method of verification submitted in writing to and approved by the State Board of Elections at a public meeting not less than 60 days prior to the date which the county clerk has fixed for implementation of that method of verification; provided, that the county clerk shall certify submit to the State Board of Elections that the verification has been conducted and completed and include a written statement of the results obtained by use of such alternative method within 30 days of completion of the verification. In each precinct one canvasser may be appointed from outside such precinct if not enough other qualified persons who reside within the precinct can be found to serve as canvasser in such precinct. The one canvasser so appointed to serve in any precinct in which he is not entitled to vote prior to the election must be entitled to vote elsewhere within the ward or township which includes within its boundaries the precinct in which such canvasser is appointed and such canvasser must be otherwise qualified. If upon the basis of investigation or canvasses, the county clerk shall be of the opinion that any person registered under this Article 5 is not a qualified voter or has ceased to be a qualified voter, he shall send a notice through the United States mail to such person, requiring him to appear before the county clerk for a hearing within ten days after the date of mailing such notice and show cause why his registration shall not be cancelled. If such person fails to appear within such time as provided, his registration shall be cancelled. If such a person does appear, he shall make an affidavit similar in every respect to the affidavit required of applicants under Section 5-16 of this Article 5.

(Source: P.A. 81-1535.)

(10 ILCS 5/6-55.1 new)

Sec. 6-55.1. Review of jury summons. If, upon review of the list of returned juror summons under Section 9.3 of the Jury Commission Act, the county clerk is of the opinion that any person registered is not a qualified voter or has ceased to be a qualified voter, the county clerk shall send a notice through the United States mail to the person, requiring the person to appear before the county clerk for a hearing within 5 days after the date of mailing the notice and to show cause why the person's registration shall not be canceled. If such person fails to appear within the time provided, the person's registration shall be canceled. If the person does appear, the person shall execute an affidavit similar in every respect to the affidavit required of applicants under Section 6-29.

(10 ILCS 5/6-59) (from Ch. 46, par. 6-59)

Sec. 6-59. The Board of Election Commissioners on its own initiative, or upon order of the circuit court, shall at all times have authority to conduct investigations and to make canvasses of the registered voters in any precinct or precincts within its jurisdiction either by the methods provided in this Article or at other times and by other methods than those prescribed herein. However, the Board of Election Commissioners shall, at least once in every 2 years, conduct a verification of voter registrations and shall cause the cancellation of registration of persons who have ceased to be qualified voters. The verification shall be conducted and completed after a consolidated election in an odd-numbered year but before the first day allowed for circulation of a petition for nomination for a candidate for the following primary election in an even-numbered year. Such verification shall be accomplished by one of the following methods: (1) precinct canvass conducted by 2 qualified persons of opposite party affiliation appointed by the Board of Election Commissioners or (2) written request sent to each registered voter by first class mail, not forwardable or (3) an alternative method of verification submitted in writing to and approved by the The State Board of Elections at a public meeting not less than 60 days prior to the date on which the Board of Election Commissioners has fixed for implementation of that method of verification; provided, said Board shall certify submit to the State Board of Elections that the verification has been conducted and completed and include a written statement of the results obtained by use of such alternative method within 30 days of the completion of the verification. If, upon the basis of investigations or canvasses, the board shall be of the opinion that any person registered under this Article is not a qualified voter or has ceased to be a qualified voter, it shall send a notice through the United States mail to such person, requiring him to appear before such board at a time specified in such notice, not less than 10 nor more than 30 days after the mailing of such notice and show cause why his registration should not be cancelled. If such a person does not appear, his registration shall be cancelled. If such a person does appear he shall make an affidavit and shall be heard in the manner provided by Section 6-45 of this Article, and if his registration is cancelled as a result of such a hearing, he shall be entitled to a hearing in the circuit court and to an appeal to the Supreme Court in the manner provided by Section 6-52 of this Article.

Whenever the Board of Election Commissioners acting under authority of this section conducts a canvass of the registered voters in any precinct or precincts and the board designates canvassers to conduct the canvass, the board shall appoint as canvassers persons affiliated with the leading political parties in like manner as judges of election are appointed under the provisions of Section 14-4 of this Act; provided that in each precinct in counties of 500,000 inhabitants or more, one canvasser may be appointed from outside such precinct if not enough other qualified persons who reside within the precinct can be found to serve as canvasser in such precinct. The one canvasser so appointed to serve in any precinct in which he is not entitled to vote prior to the election must be entitled to vote elsewhere within the ward or township which includes within its boundaries the precinct in which such canvasser is appointed and such canvasser must be otherwise qualified.

The canvassers, so appointed by virtue of this section, shall comply with the provisions of Sections 6-40 and 6-41 relative to the mailing and leaving of notices at the addresses of persons whose right to vote in the precinct or precincts is questioned.

(Source: P.A. 81-1433.)

Section 10. The Jury Commission Act is amended by adding Section 9.3 as follows:

(705 ILCS 310/9.3 new)

Sec. 9.3. Notification of change of address. The clerk of the circuit court shall notify the jury administrator or jury commissioners of each jury summons that is returned indicating a change of address. Not less often than every 3 months, the jury administrator or jury commissioners shall send the local election authority a list of names on jury summonses that are returned indicating a change of address.