HB2176 103RD GENERAL ASSEMBLY

LRB103 26230 BMS 52589 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2176

Introduced 2/7/2023, by Rep. Adam M. Niemerg

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 time frames.

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 Section 4-14.1 as follows:

(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)

Sec. 4-14.1. Cancelation of deceased voter's registration.

(a) Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding month. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine, monthly, the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, and to cancel the registration of any person who has died during the preceding month. The county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under Section 18 of the Vital Records Act shall promptly transmit certified records to the county clerk within 7 days after the death of the decedent. The county clerk and coroner shall report quarterly to its affiliated county board and certify its full compliance with this Section and accuracy of the voter rolls.

(b) Any person may request a copy of the report required in subsection (a). Failure to provide an accurate report by the county clerk within 5 business days, or 48 hours if 30 days before an election, may file suit for injunction or declaratory relief to enforce subsection (a) or this subsection (b).

(c) The circuit court shall have the jurisdiction to order the production of the required: (i) deposits of records; (ii) reports; and (iii) documents in compliance with subsection (a), including establishing the accuracy of the voter registration rolls.

(d) If a person seeking the right to receive a copy of the documents pursuant to subsection (a) or enforce the provision of subsection (a) prevails in a proceeding under this Section, the court shall award such person reasonable attorney's fees and costs. In determining what amount of attorney's fees is reasonable, the court shall consider the degree to which the relief obtained relates to the relief sought.

(e) If the court determines that a public body willfully and intentionally failed to comply with this Section, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $5,000 for each occurrence. In assessing the civil penalty, the court shall consider in aggravation or mitigation the budget of the public body and whether the public body has previously been assessed penalties for violations of this Section. The court may impose an additional penalty of up to $1,000 for each day the violation continues if:

(1) the public body fails to comply with the court's order after 30 days;

(2) the court's order is not on appeal or stayed; and

(3) the court does not grant the public body additional time to comply with the court's order to disclose public records.

(Source: P.A. 96-1484, eff. 1-1-11.)