Illinois General Assembly - Full Text of HB4694
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Full Text of HB4694  101st General Assembly

HB4694 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4694

 

Introduced 2/18/2020, by Rep. Will Guzzardi

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-8  from Ch. 46, par. 4-8
10 ILCS 5/5-7  from Ch. 46, par. 5-7
10 ILCS 5/6-35  from Ch. 46, par. 6-35

    Amends the Election Code. Makes changes to the information required a voter registration record card. Provides that electronic voter registration records shall be furnished at a reasonable cost to any person who makes a sworn affidavit that the list will solely be used for bona fide election, scholarly, or journalistic purposes, as determined by the State Board of Elections. Provides that voter registration records shall be furnished without charge or at a reduced charge if the person requesting the records states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. Provides that voter registration records or data shall not be placed for unrestricted access on the Internet. Provides that voter registration records or data shall not be furnished to any person residing outside of the United States and any person who knowingly does so shall be guilty of a Class 4 felony. Makes other changes.


LRB101 18555 SMS 68009 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4694LRB101 18555 SMS 68009 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 4-8, 5-7, and 6-35 as follows:
 
6    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
7    Sec. 4-8. The county clerk shall provide a sufficient
8number of blank forms for the registration of electors, which
9shall be known as registration record cards and which shall
10consist of loose leaf sheets or cards, of suitable size to
11contain in plain writing and figures the data hereinafter
12required thereon or shall consist of computer cards of suitable
13nature to contain the data required thereon. The registration
14record cards, which shall include an affidavit of registration
15as hereinafter provided, shall be executed in duplicate.
16    The registration record card shall contain the following
17and such other information as the county clerk may think it
18proper to require for the identification of the applicant for
19registration:
20    Name. The name of the applicant, given giving surname and
21first or Christian name in full, and the middle name or the
22initial for such middle name, if any.
23    Sex.

 

 

HB4694- 2 -LRB101 18555 SMS 68009 b

1    Residence. The name and number of the street, avenue, or
2other location of the dwelling, including the apartment, unit
3or room number, if any, and in the case of a mobile home the lot
4number, and such additional clear and definite description as
5may be necessary to determine the exact location of the
6dwelling of the applicant. Where the location cannot be
7determined by street and number, then the section,
8congressional township and range number may be used, or such
9other description as may be necessary, including post-office
10mailing address. In the case of a homeless individual, the
11individual's voting residence that is his or her mailing
12address shall be included on his or her registration record
13card.
14    Term of residence in the State of Illinois and precinct.
15This information shall be furnished by the applicant stating
16the place or places where he resided and the dates during which
17he resided in such place or places during the year next
18preceding the date of the next ensuing election.
19    Nativity. The state or country in which the applicant was
20born.
21    Citizenship. Whether the applicant is native born or
22naturalized. If naturalized, the court, place, and date of
23naturalization.
24    Date of application for registration, i.e., the day, month
25and year when applicant presented himself for registration.
26    Age. Date of birth, by month, day and year.

 

 

HB4694- 3 -LRB101 18555 SMS 68009 b

1    Physical disability of the applicant, if any, at the time
2of registration, which would require assistance in voting.
3    The county and state in which the applicant was last
4registered.
5    Electronic mail address, if any.
6    Signature of voter. The applicant, after the registration
7and in the presence of a deputy registrar or other officer of
8registration shall be required to sign his or her name in ink
9or digitized form to the affidavit on both the original and
10duplicate registration record cards.
11    Signature of deputy registrar or officer of registration.
12    In case applicant is unable to sign his name, he may affix
13his mark to the affidavit. In such case the officer empowered
14to give the registration oath shall write a detailed
15description of the applicant in the space provided on the back
16or at the bottom of the card or sheet; and shall ask the
17following questions and record the answers thereto:
18    Father's first name.
19    Mother's first name.
20    From what address did the applicant last register?
21    Reason for inability to sign name.
22    Each applicant for registration shall make an affidavit in
23substantially the following form:
24
AFFIDAVIT OF REGISTRATION
25STATE OF ILLINOIS
26COUNTY OF .......

 

 

HB4694- 4 -LRB101 18555 SMS 68009 b

1    I hereby swear (or affirm) that I am a citizen of the
2United States; that on the date of the next election I shall
3have resided in the State of Illinois and in the election
4precinct in which I reside 30 days and that I intend that this
5location shall be my residence; that I am fully qualified to
6vote, and that the above statements are true.
7
..............................
8
(His or her signature or mark)
9    Subscribed and sworn to before me on (insert date).
10..................................
11Signature of registration officer.
12(To be signed in presence of registrant.)
 
13    Space shall be provided upon the face of each registration
14record card for the notation of the voting record of the person
15registered thereon.
16    Each registration record card shall be numbered according
17to precincts, and may be serially or otherwise marked for
18identification in such manner as the county clerk may
19determine.
20    The registration cards shall be deemed public records and
21shall be open to inspection during regular business hours,
22except during the 27 days immediately preceding any election.
23On written request of any candidate or objector or any person
24intending to object to a petition, the election authority shall
25extend its hours for inspection of registration cards and other

 

 

HB4694- 5 -LRB101 18555 SMS 68009 b

1records of the election authority during the period beginning
2with the filing of petitions under Sections 7-10, 8-8, 10-6 or
328-3 and continuing through the termination of electoral board
4hearings on any objections to petitions containing signatures
5of registered voters in the jurisdiction of the election
6authority. The extension shall be for a period of hours
7sufficient to allow adequate opportunity for examination of the
8records but the election authority is not required to extend
9its hours beyond the period beginning at its normal opening for
10business and ending at midnight. If the business hours are so
11extended, the election authority shall post a public notice of
12such extended hours. Registration record cards may also be
13inspected, upon approval of the officer in charge of the cards,
14during the 27 days immediately preceding any election.
15Registration record cards shall also be open to inspection by
16certified judges and poll watchers and challengers at the
17polling place on election day, but only to the extent necessary
18to determine the question of the right of a person to vote or
19to serve as a judge of election. At no time shall poll watchers
20or challengers be allowed to physically handle the registration
21record cards.
22    Updated copies of computer tapes or computer discs or other
23electronic data processing information containing voter
24registration information shall be furnished by the county clerk
25within 10 days after December 15 and May 15 each year and
26within 10 days after each registration period is closed to the

 

 

HB4694- 6 -LRB101 18555 SMS 68009 b

1State Board of Elections in a form prescribed by the Board. For
2the purposes of this Section, a registration period is closed
327 days before the date of any regular or special election.
4Registration information shall include, but not be limited to,
5the following information: name, sex, residence, telephone
6number, if any, age, party affiliation, if applicable,
7precinct, ward, township, county, and representative,
8legislative and congressional districts. In the event of
9noncompliance, the State Board of Elections is directed to
10obtain compliance forthwith with this nondiscretionary duty of
11the election authority by instituting legal proceedings in the
12circuit court of the county in which the election authority
13maintains the registration information. The costs of
14furnishing updated copies of tapes or discs shall be paid at a
15rate of $.00034 per name of registered voters in the election
16jurisdiction, but not less than $50 per tape or disc and shall
17be paid from appropriations made to the State Board of
18Elections for reimbursement to the election authority for such
19purpose. The State Board shall furnish copies of such tapes,
20discs, other electronic data or compilations thereof to state
21political committees registered pursuant to the Illinois
22Campaign Finance Act or the Federal Election Campaign Act and
23to governmental entities, at their request and at a reasonable
24cost. To protect the privacy and confidentiality of voter
25registration information, the disclosure of electronic voter
26registration records to any person or entity other than to a

 

 

HB4694- 7 -LRB101 18555 SMS 68009 b

1State or local political committee and other than to a
2governmental entity for a governmental purpose is specifically
3prohibited except as follows: subject to security measures
4adopted by the State Board of Elections which, at a minimum,
5shall include the keeping of a catalog or database, available
6for public view, including the name, address, and telephone
7number of the person viewing or receiving the list as well as
8the date time of that viewing or transmission, (i) any person
9may view the centralized statewide voter registration list on a
10computer screen at the Springfield office of the State Board of
11Elections, during normal business hours other than during the
1227 days before an election, and (ii) electronic voter
13registration records shall be furnished at a reasonable cost to
14any person who makes a sworn affidavit that the list will
15solely be used for bona fide election, scholarly, or
16journalistic purposes, as determined by the State Board of
17Elections. Electronic voter registration records furnished to
18members of the public shall not disclose email addresses or
19birth day or birth month but shall disclose birth year. but the
20person viewing the list under this exception may not print,
21duplicate, transmit, or alter the list. Copies of the tapes,
22discs, or other electronic data shall be furnished by the
23county clerk to local political committees and governmental
24entities at their request and at a reasonable cost. Reasonable
25cost of the tapes, discs, et cetera for this purpose would be
26the cost of duplication plus 15% for administration. The

 

 

HB4694- 8 -LRB101 18555 SMS 68009 b

1individual representing a political committee requesting
2copies of such records tapes shall make a sworn affidavit that
3the information shall be used only for bona fide election
4political purposes, including by or for candidates for office
5or incumbent office holders. Reasonable cost of voter
6registration records or data for these purposes would be the
7cost of duplication plus 15% for administration.
8    Voter registration records shall be furnished without
9charge or at a reduced charge, as determined by the State Board
10of Elections or the county clerk, if the person requesting the
11records states the specific purpose for the request and
12indicates that a waiver or reduction of the fee is in the
13public interest. Waiver or reduction of the fee is in the
14public interest if the principal purpose of the request is to
15access and disseminate information regarding the legal rights
16of the general public and is not for the principal purpose of
17personal or commercial benefit. For purposes of this paragraph,
18"commercial benefit" shall not apply to requests made by news
19media. In setting the amount of the waiver or reduction, the
20State Board of Elections or the county clerk may take into
21consideration the amount of materials requested and the cost of
22copying them.
23    Voter registration records or Such tapes, discs or other
24electronic data shall not be used under any circumstances for
25any personal, private, or commercial purpose, including, but
26not limited to, the intimidation, threat, or deception of any

 

 

HB4694- 9 -LRB101 18555 SMS 68009 b

1person or the advertising, solicitation, sale, or marketing of
2products or services by any political committee or individuals
3for purposes of commercial solicitation or other business
4purposes. If such tapes contain information on county residents
5related to the operations of county government in addition to
6registration information, that information shall not be used
7under any circumstances for commercial solicitation or other
8business purposes. Voter registration records or data shall not
9be placed for unrestricted access on the Internet.
10Notwithstanding any other law, the Illinois driver's license
11number, the Illinois identification card number, the social
12security number, and any other unique identifier used by the
13State of Illinois for purposes of voter identification or added
14to voter registration records to comply with the requirements
15of the federal Help America Vote Act of 2002 (52 U.S.C. Sec.
1620901 et seq.), are confidential and shall not be disclosed to
17any person. Voter registration records or data shall not be
18furnished to any person residing outside of the United States.
19The prohibition in this Section against using the computer
20tapes or computer discs or other electronic data processing
21information containing voter registration information for
22purposes of commercial solicitation or other business purposes
23shall be prospective only from the effective date of this
24amended Act of 1979. Any person who knowingly violates this
25provision shall be guilty of a Class 4 felony. A governmental
26entity, or officer or employee thereof, shall not be held

 

 

HB4694- 10 -LRB101 18555 SMS 68009 b

1civilly liable as a result of disclosure of the information
2referred to in this Section, unless by a showing of gross
3negligence or willfulness.
4    The State Board of Elections shall promulgate, by October
51, 1987, such regulations as may be necessary to ensure
6uniformity throughout the State in electronic data processing
7of voter registration information. The regulations shall
8include, but need not be limited to, specifications for uniform
9medium, communications protocol and file structure to be
10employed by the election authorities of this State in the
11electronic data processing of voter registration information.
12Each election authority utilizing electronic data processing
13of voter registration information shall comply with such
14regulations on and after May 15, 1988.
15    If the applicant for registration was last registered in
16another county within this State, he shall also sign a
17certificate authorizing cancellation of the former
18registration. The certificate shall be in substantially the
19following form:
20To the County Clerk of.... County, Illinois. (or)
21To the Election Commission of the City of ...., Illinois.
22    This is to certify that I am registered in your (county)
23(city) and that my residence was ............................
24Having moved out of your (county) (city), I hereby authorize
25you to cancel said registration in your office.
26Dated at ...., Illinois, on (insert date).

 

 

HB4694- 11 -LRB101 18555 SMS 68009 b

1
.................................
2
(Signature of Voter)
3Attest: ................,  County Clerk, .............
4County, Illinois.
5    The cancellation certificate shall be mailed immediately
6by the County Clerk to the County Clerk (or election commission
7as the case may be) where the applicant was formerly
8registered. Receipt of such certificate shall be full authority
9for cancellation of any previous registration.
10(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
11    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
12    Sec. 5-7. The county clerk shall provide a sufficient
13number of blank forms for the registration of electors which
14shall be known as registration record cards and which shall
15consist of loose leaf sheets or cards, of suitable size to
16contain in plain writing and figures the data hereinafter
17required thereon or shall consist of computer cards of suitable
18nature to contain the data required thereon. The registration
19record cards, which shall include an affidavit of registration
20as hereinafter provided, shall be executed in duplicate.
21    The registration record card shall contain the following
22and such other information as the county clerk may think it
23proper to require for the identification of the applicant for
24registration:
25    Name. The name of the applicant, given giving surname and

 

 

HB4694- 12 -LRB101 18555 SMS 68009 b

1first or Christian name in full, and the middle name or the
2initial for such middle name, if any.
3    Sex.
4    Residence. The name and number of the street, avenue, or
5other location of the dwelling, including the apartment, unit
6or room number, if any, and in the case of a mobile home the lot
7number, and such additional clear and definite description as
8may be necessary to determine the exact location of the
9dwelling of the applicant, including post-office mailing
10address. In the case of a homeless individual, the individual's
11voting residence that is his or her mailing address shall be
12included on his or her registration record card.
13    Term of residence in the State of Illinois and the
14precinct. Which questions may be answered by the applicant
15stating, in excess of 30 days in the State and in excess of 30
16days in the precinct.
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    Date of application for registration, i.e., the day, month
23and year when applicant presented himself for registration.
24    Age. Date of birth, by month, day and year.
25    Physical disability of the applicant, if any, at the time
26of registration, which would require assistance in voting.

 

 

HB4694- 13 -LRB101 18555 SMS 68009 b

1    The county and state in which the applicant was last
2registered.
3    Electronic mail address, if any.
4    Signature of voter. The applicant, after the registration
5and in the presence of a deputy registrar or other officer of
6registration shall be required to sign his or her name in ink
7or digitized form to the affidavit on the original and
8duplicate registration record card.
9    Signature of Deputy Registrar.
10    In case applicant is unable to sign his name, he may affix
11his mark to the affidavit. In such case the officer empowered
12to give the registration oath shall write a detailed
13description of the applicant in the space provided at the
14bottom of the card or sheet; and shall ask the following
15questions and record the answers thereto:
16    Father's first name .......................
17    Mother's first name .......................
18    From what address did you last register?
19    Reason for inability to sign name.
20    Each applicant for registration shall make an affidavit in
21substantially the following form:
22
AFFIDAVIT OF REGISTRATION
23State of Illinois)
24                 )ss
25County of        )
26    I hereby swear (or affirm) that I am a citizen of the

 

 

HB4694- 14 -LRB101 18555 SMS 68009 b

1United States; that on the date of the next election I shall
2have resided in the State of Illinois and in the election
3precinct in which I reside 30 days; that I am fully qualified
4to vote. That I intend that this location shall be my residence
5and that the above statements are true.
6
..............................
7
(His or her signature or mark)
8    Subscribed and sworn to before me on (insert date).
9.........................................
10    Signature of Registration Officer.
11(To be signed in presence of Registrant.)
 
12    Space shall be provided upon the face of each registration
13record card for the notation of the voting record of the person
14registered thereon.
15    Each registration record card shall be numbered according
16to towns and precincts, wards, cities and villages, as the case
17may be, and may be serially or otherwise marked for
18identification in such manner as the county clerk may
19determine.
20    The registration cards shall be deemed public records and
21shall be open to inspection during regular business hours,
22except during the 27 days immediately preceding any election.
23On written request of any candidate or objector or any person
24intending to object to a petition, the election authority shall
25extend its hours for inspection of registration cards and other

 

 

HB4694- 15 -LRB101 18555 SMS 68009 b

1records of the election authority during the period beginning
2with the filing of petitions under Sections 7-10, 8-8, 10-6 or
328-3 and continuing through the termination of electoral board
4hearings on any objections to petitions containing signatures
5of registered voters in the jurisdiction of the election
6authority. The extension shall be for a period of hours
7sufficient to allow adequate opportunity for examination of the
8records but the election authority is not required to extend
9its hours beyond the period beginning at its normal opening for
10business and ending at midnight. If the business hours are so
11extended, the election authority shall post a public notice of
12such extended hours. Registration record cards may also be
13inspected, upon approval of the officer in charge of the cards,
14during the 27 days immediately preceding any election.
15Registration record cards shall also be open to inspection by
16certified judges and poll watchers and challengers at the
17polling place on election day, but only to the extent necessary
18to determine the question of the right of a person to vote or
19to serve as a judge of election. At no time shall poll watchers
20or challengers be allowed to physically handle the registration
21record cards.
22    Updated copies of computer tapes or computer discs or other
23electronic data processing information containing voter
24registration information shall be furnished by the county clerk
25within 10 days after December 15 and May 15 each year and
26within 10 days after each registration period is closed to the

 

 

HB4694- 16 -LRB101 18555 SMS 68009 b

1State Board of Elections in a form prescribed by the Board. For
2the purposes of this Section, a registration period is closed
327 days before the date of any regular or special election.
4Registration information shall include, but not be limited to,
5the following information: name, sex, residence, telephone
6number, if any, age, party affiliation, if applicable,
7precinct, ward, township, county, and representative,
8legislative and congressional districts. In the event of
9noncompliance, the State Board of Elections is directed to
10obtain compliance forthwith with this nondiscretionary duty of
11the election authority by instituting legal proceedings in the
12circuit court of the county in which the election authority
13maintains the registration information. The costs of
14furnishing updated copies of tapes or discs shall be paid at a
15rate of $.00034 per name of registered voters in the election
16jurisdiction, but not less than $50 per tape or disc and shall
17be paid from appropriations made to the State Board of
18Elections for reimbursement to the election authority for such
19purpose. The State Board shall furnish copies of such tapes,
20discs, other electronic data or compilations thereof to state
21political committees registered pursuant to the Illinois
22Campaign Finance Act or the Federal Election Campaign Act and
23to governmental entities, at their request and at a reasonable
24cost. To protect the privacy and confidentiality of voter
25registration information, the disclosure of electronic voter
26registration records to any person or entity other than to a

 

 

HB4694- 17 -LRB101 18555 SMS 68009 b

1State or local political committee and other than to a
2governmental entity for a governmental purpose is specifically
3prohibited except as follows: subject to security measures
4adopted by the State Board of Elections which, at a minimum,
5shall include the keeping of a catalog or database, available
6for public view, including the name, address, and telephone
7number of the person viewing the list as well as the date time
8of that viewing or transmission, (i) any person may view the
9centralized statewide voter registration list on a computer
10screen at the Springfield office of the State Board of
11Elections, during normal business hours other than during the
1227 days before an election, and (ii) electronic voter
13registration records shall be furnished at a reasonable cost to
14any person who makes a sworn affidavit that the list will
15solely be used for bona fide election, scholarly, or
16journalistic purposes, as determined by the State Board of
17Elections. Electronic voter registration records furnished to
18members of the public shall not disclose email addresses or
19birth day or birth month but shall disclose birth year. but the
20person viewing the list under this exception may not print,
21duplicate, transmit, or alter the list. Copies of the tapes,
22discs or other electronic data shall be furnished by the county
23clerk to local political committees and governmental entities
24at their request and at a reasonable cost. Reasonable cost of
25the tapes, discs, et cetera for this purpose would be the cost
26of duplication plus 15% for administration. The individual

 

 

HB4694- 18 -LRB101 18555 SMS 68009 b

1representing a political committee requesting copies of such
2records tapes shall make a sworn affidavit that the information
3shall be used only for bona fide election political purposes,
4including by or for candidates for office or incumbent office
5holders. Reasonable cost of voter registration records or data
6for these purposes would be the cost of duplication plus 15%
7for administration.
8    Voter registration records shall be furnished without
9charge or at a reduced charge, as determined by the State Board
10of Elections or the county clerk, if the person requesting the
11records states the specific purpose for the request and
12indicates that a waiver or reduction of the fee is in the
13public interest. Waiver or reduction of the fee is in the
14public interest if the principal purpose of the request is to
15access and disseminate information regarding the legal rights
16of the general public and is not for the principal purpose of
17personal or commercial benefit. For purposes of this paragraph,
18"commercial benefit" shall not apply to requests made by news
19media. In setting the amount of the waiver or reduction, the
20State Board of Elections or the county clerk may take into
21consideration the amount of materials requested and the cost of
22copying them.
23    Voter registration records or Such tapes, discs or other
24electronic data shall not be used under any circumstances for
25any personal, private, or commercial purpose, including, but
26not limited to, the intimidation, threat, or deception of any

 

 

HB4694- 19 -LRB101 18555 SMS 68009 b

1person or the advertising, solicitation, sale, or marketing of
2products or services by any political committee or individuals
3for purposes of commercial solicitation or other business
4purposes. If such records tapes contain information on county
5residents related to the operations of county government in
6addition to registration information, that information shall
7not be used under any circumstances for commercial solicitation
8or other business purposes. Voter registration records or data
9shall not be placed for unrestricted access on the Internet.
10Notwithstanding any other law, the Illinois driver's license
11number, the Illinois identification card number, the social
12security number, and any other unique identifier used by the
13State of Illinois for purposes of voter identification or added
14to voter registration records to comply with the requirements
15of the federal Help America Vote Act of 2002 (52 U.S.C. Sec.
1620901 et seq.), are confidential and shall not be disclosed to
17any person. Voter registration records or data shall not be
18furnished to any person residing outside of the United States.
19Any person who knowingly violates this provision shall be
20guilty of a Class 4 felony. A governmental entity, or officer
21or employee thereof, shall not be held civilly liable as a
22result of disclosure of the information referred to in this
23Section, unless by a showing of gross negligence or
24willfulness. The prohibition in this Section against using the
25computer tapes or computer discs or other electronic data
26processing information containing voter registration

 

 

HB4694- 20 -LRB101 18555 SMS 68009 b

1information for purposes of commercial solicitation or other
2business purposes shall be prospective only from the effective
3date of this amended Act of 1979. Any person who violates this
4provision shall be guilty of a Class 4 felony.
5    The State Board of Elections shall promulgate, by October
61, 1987, such regulations as may be necessary to ensure
7uniformity throughout the State in electronic data processing
8of voter registration information. The regulations shall
9include, but need not be limited to, specifications for uniform
10medium, communications protocol and file structure to be
11employed by the election authorities of this State in the
12electronic data processing of voter registration information.
13Each election authority utilizing electronic data processing
14of voter registration information shall comply with such
15regulations on and after May 15, 1988.
16    If the applicant for registration was last registered in
17another county within this State, he shall also sign a
18certificate authorizing cancellation of the former
19registration. The certificate shall be in substantially the
20following form:
21To the County Clerk of .... County, Illinois. To the Election
22Commission of the City of ...., Illinois.
23    This is to certify that I am registered in your (county)
24(city) and that my residence was .....
25    Having moved out of your (county) (city), I hereby
26authorize you to cancel said registration in your office.

 

 

HB4694- 21 -LRB101 18555 SMS 68009 b

1Dated at .... Illinois, on (insert date).
2
....................
3
(Signature of Voter)
4
Attest ......, County Clerk, ........ County, Illinois.
5    The cancellation certificate shall be mailed immediately
6by the county clerk to the county clerk (or election commission
7as the case may be) where the applicant was formerly
8registered. Receipt of such certificate shall be full authority
9for cancellation of any previous registration.
10(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
11    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
12    Sec. 6-35. The Boards of Election Commissioners shall
13provide a sufficient number of blank forms for the registration
14of electors which shall be known as registration record cards
15and which shall consist of loose leaf sheets or cards, of
16suitable size to contain in plain writing and figures the data
17hereinafter required thereon or shall consist of computer cards
18of suitable nature to contain the data required thereon. The
19registration record cards, which shall include an affidavit of
20registration as hereinafter provided, shall be executed in
21duplicate. The duplicate of which may be a carbon copy of the
22original or a copy of the original made by the use of other
23method or material used for making simultaneous true copies or
24duplications.
25    The registration record card shall contain the following

 

 

HB4694- 22 -LRB101 18555 SMS 68009 b

1and such other information as the Board of Election
2Commissioners may think it proper to require for the
3identification of the applicant for registration:
4    Name. The name of the applicant, given giving surname and
5first or Christian name in full, and the middle name or the
6initial for such middle name, if any.
7    Sex.
8    Residence. The name and number of the street, avenue, or
9other location of the dwelling, including the apartment, unit
10or room number, if any, and in the case of a mobile home the lot
11number, and such additional clear and definite description as
12may be necessary to determine the exact location of the
13dwelling of the applicant, including post-office mailing
14address. In the case of a homeless individual, the individual's
15voting residence that is his or her mailing address shall be
16included on his or her registration record card.
17    Term of residence in the State of Illinois and the
18precinct.
19    Nativity. The state or country in which the applicant was
20born.
21    Citizenship. Whether the applicant is native born or
22naturalized. If naturalized, the court, place, and date of
23naturalization.
24    Date of application for registration, i.e., the day, month
25and year when the applicant presented himself for registration.
26    Age. Date of birth, by month, day and year.

 

 

HB4694- 23 -LRB101 18555 SMS 68009 b

1    Physical disability of the applicant, if any, at the time
2of registration, which would require assistance in voting.
3    The county and state in which the applicant was last
4registered.
5    Electronic mail address, if any.
6    Signature of voter. The applicant, after registration and
7in the presence of a deputy registrar or other officer of
8registration shall be required to sign his or her name in ink
9or digitized form to the affidavit on both the original and the
10duplicate registration record card.
11    Signature of deputy registrar.
12    In case applicant is unable to sign his name, he may affix
13his mark to the affidavit. In such case the registration
14officer shall write a detailed description of the applicant in
15the space provided at the bottom of the card or sheet; and
16shall ask the following questions and record the answers
17thereto:
18    Father's first name .........................
19    Mother's first name .........................
20    From what address did you last register? ....
21    Reason for inability to sign name ...........
22    Each applicant for registration shall make an affidavit in
23substantially the following form:
24
AFFIDAVIT OF REGISTRATION
25State of Illinois  )
26                   )ss

 

 

HB4694- 24 -LRB101 18555 SMS 68009 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 and in the election
5precinct 30 days and that I intend that this location is my
6residence; that I am fully qualified to vote, and that the
7above statements are true.
8
..............................
9
(His or her signature or mark)
10    Subscribed and sworn to before me on (insert date).
11......................................
12    Signature of registration officer
13(to be signed in presence of registrant).
14    Space shall be provided upon the face of each registration
15record card for the notation of the voting record of the person
16registered thereon.
17    Each registration record card shall be numbered according
18to wards or precincts, as the case may be, and may be serially
19or otherwise marked for identification in such manner as the
20Board of Election Commissioners may determine.
21    The registration cards shall be deemed public records and
22shall be open to inspection during regular business hours,
23except during the 27 days immediately preceding any election.
24On written request of any candidate or objector or any person
25intending to object to a petition, the election authority shall
26extend its hours for inspection of registration cards and other

 

 

HB4694- 25 -LRB101 18555 SMS 68009 b

1records of the election authority during the period beginning
2with the filing of petitions under Sections 7-10, 8-8, 10-6 or
328-3 and continuing through the termination of electoral board
4hearings on any objections to petitions containing signatures
5of registered voters in the jurisdiction of the election
6authority. The extension shall be for a period of hours
7sufficient to allow adequate opportunity for examination of the
8records but the election authority is not required to extend
9its hours beyond the period beginning at its normal opening for
10business and ending at midnight. If the business hours are so
11extended, the election authority shall post a public notice of
12such extended hours. Registration record cards may also be
13inspected, upon approval of the officer in charge of the cards,
14during the 27 days immediately preceding any election.
15Registration record cards shall also be open to inspection by
16certified judges and poll watchers and challengers at the
17polling place on election day, but only to the extent necessary
18to determine the question of the right of a person to vote or
19to serve as a judge of election. At no time shall poll watchers
20or challengers be allowed to physically handle the registration
21record cards.
22    Updated copies of computer tapes or computer discs or other
23electronic data processing information containing voter
24registration information shall be furnished by the Board of
25Election Commissioners within 10 days after December 15 and May
2615 each year and within 10 days after each registration period

 

 

HB4694- 26 -LRB101 18555 SMS 68009 b

1is closed to the State Board of Elections in a form prescribed
2by the State Board. For the purposes of this Section, a
3registration period is closed 27 days before the date of any
4regular or special election. Registration information shall
5include, but not be limited to, the following information:
6name, sex, residence, telephone number, if any, age, party
7affiliation, if applicable, precinct, ward, township, county,
8and representative, legislative and congressional districts.
9In the event of noncompliance, the State Board of Elections is
10directed to obtain compliance forthwith with this
11nondiscretionary duty of the election authority by instituting
12legal proceedings in the circuit court of the county in which
13the election authority maintains the registration information.
14The costs of furnishing updated copies of tapes or discs shall
15be paid at a rate of $.00034 per name of registered voters in
16the election jurisdiction, but not less than $50 per tape or
17disc and shall be paid from appropriations made to the State
18Board of Elections for reimbursement to the election authority
19for such purpose. The State Board shall furnish copies of such
20tapes, discs, other electronic data or compilations thereof to
21state political committees registered pursuant to the Illinois
22Campaign Finance Act or the Federal Election Campaign Act and
23to governmental entities, at their request and at a reasonable
24cost. To protect the privacy and confidentiality of voter
25registration information, the disclosure of electronic voter
26registration records to any person or entity other than to a

 

 

HB4694- 27 -LRB101 18555 SMS 68009 b

1State or local political committee and other than to a
2governmental entity for a governmental purpose is specifically
3prohibited except as follows: subject to security measures
4adopted by the State Board of Elections which, at a minimum,
5shall include the keeping of a catalog or database, available
6for public view, including the name, address, and telephone
7number of the person viewing or receiving the list as well as
8the date time of that viewing or transmission, (i) any person
9may view the centralized statewide voter registration list on a
10computer screen at the Springfield office of the State Board of
11Elections, during normal business hours other than during the
1227 days before an election, and (ii) electronic voter
13registration records shall be furnished at a reasonable cost to
14any person who makes a sworn affidavit that the list will
15solely be used for bona fide election, scholarly, or
16journalistic purposes, as determined by the State Board of
17Elections. Electronic voter registration records furnished to
18members of the public shall not disclose email addresses or
19birth day or birth month but shall disclose birth year. but the
20person viewing the list under this exception may not print,
21duplicate, transmit, or alter the list. Copies of the tapes,
22discs or other electronic data shall be furnished by the Board
23of Election Commissioners to local political committees and
24governmental entities at their request and at a reasonable
25cost. Reasonable cost of the tapes, discs, et cetera for this
26purpose would be the cost of duplication plus 15% for

 

 

HB4694- 28 -LRB101 18555 SMS 68009 b

1administration. The individual representing a political
2committee requesting copies of such tapes shall make a sworn
3affidavit that the information shall be used only for bona fide
4political purposes, including by or for candidates for office
5or incumbent office holders. Reasonable cost of voter
6registration records or data for these purposes would be the
7cost of duplication plus 15% for administration.
8    Voter registration records shall be furnished without
9charge or at a reduced charge, as determined by the State Board
10of Elections or the county clerk, if the person requesting the
11records states the specific purpose for the request and
12indicates that a waiver or reduction of the fee is in the
13public interest. Waiver or reduction of the fee is in the
14public interest if the principal purpose of the request is to
15access and disseminate information regarding the legal rights
16of the general public and is not for the principal purpose of
17personal or commercial benefit. For purposes of this paragraph,
18"commercial benefit" shall not apply to requests made by news
19media. In setting the amount of the waiver or reduction, the
20State Board of Elections or the county clerk may take into
21consideration the amount of materials requested and the cost of
22copying them.
23    Voter registration records or Such tapes, discs or other
24electronic data shall not be used under any circumstances for
25any personal, private, or commercial purpose, including, but
26not limited to, the intimidation, threat, or deception of any

 

 

HB4694- 29 -LRB101 18555 SMS 68009 b

1person or the advertising, solicitation, sale, or marketing of
2products or services by any political committee or individuals
3for purposes of commercial solicitation or other business
4purposes. If such records tapes contain information on county
5residents related to the operations of county government in
6addition to registration information, that information shall
7not be used under any circumstances for commercial solicitation
8or other business purposes. Voter registration records or data
9shall not be placed for unrestricted access on the Internet.
10Notwithstanding any other law, the Illinois driver's license
11number, the Illinois identification card number, the social
12security number, and any other unique identifier used by the
13State of Illinois for purposes of voter identification or added
14to voter registration records to comply with the requirements
15of the federal Help America Vote Act of 2002 (52 U.S.C. Sec.
1620901 et seq.), are confidential and shall not be disclosed to
17any person. Voter registration records or data shall not be
18furnished to any person residing outside of the United States.
19The prohibition in this Section against using the computer
20tapes or computer discs or other electronic data processing
21information containing voter registration information for
22purposes of commercial solicitation or other business purposes
23shall be prospective only from the effective date of this
24amended Act of 1979. Any person who knowingly violates this
25provision shall be guilty of a Class 4 felony. A governmental
26entity, or officer or employee thereof, shall not be held

 

 

HB4694- 30 -LRB101 18555 SMS 68009 b

1civilly liable as a result of disclosure of the information
2referred to in this Section, unless by a showing of gross
3negligence or willfulness.
4    The State Board of Elections shall promulgate, by October
51, 1987, such regulations as may be necessary to ensure
6uniformity throughout the State in electronic data processing
7of voter registration information. The regulations shall
8include, but need not be limited to, specifications for uniform
9medium, communications protocol and file structure to be
10employed by the election authorities of this State in the
11electronic data processing of voter registration information.
12Each election authority utilizing electronic data processing
13of voter registration information shall comply with such
14regulations on and after May 15, 1988.
15    If the applicant for registration was last registered in
16another county within this State, he shall also sign a
17certificate authorizing cancellation of the former
18registration. The certificate shall be in substantially the
19following form:
20To the County Clerk of .... County, Illinois.
21To the Election Commission of the City of ...., Illinois.
22    This is to certify that I am registered in your (county)
23(city) and that my residence was ..... Having moved out of your
24(county), (city), I hereby authorize you to cancel that
25registration in your office.
26    Dated at ...., Illinois, on (insert date).

 

 

HB4694- 31 -LRB101 18555 SMS 68009 b

1
....................
2
(Signature of Voter)
3    Attest ...., Clerk, Election Commission of the City of....,
4Illinois.
5    The cancellation certificate shall be mailed immediately
6by the clerk of the Election Commission to the county clerk,
7(or Election Commission as the case may be) where the applicant
8was formerly registered. Receipt of such certificate shall be
9full authority for cancellation of any previous registration.
10(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)