Illinois General Assembly - Full Text of HB4487
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Full Text of HB4487  102nd General Assembly

HB4487 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4487

 

Introduced 1/21/2022, by Rep. Blaine Wilhour

 

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. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records.


LRB102 21270 HLH 30381 b

 

 

A BILL FOR

 

HB4487LRB102 21270 HLH 30381 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;
8change of address.
9    (a) Upon establishment of an electronic reporting system
10for death registrations as provided in the Vital Records Act,
11the county clerk of the county where a decedent last resided,
12as indicated on the decedent's death certificate, shall may
13issue certifications of death records from that system and
14shall may use that system to cancel the registration of any
15person who has died during the preceding month. Regardless of
16whether or not such a system has been established, it is the
17duty of the county clerk to examine, monthly, the records
18deposited in his or her office pursuant to the Vital Records
19Act that relate to deaths in the county, and to cancel the
20registration of any person who has died during the preceding
21month. The county coroner, medical examiner, or physician for
22a county or any other individual responsible for certification
23of death under Section 18 of the Vital Records Act shall

 

 

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1promptly transmit certified records to the county clerk within
27 days after the death of the decedent. The county clerk and
3coroner shall report quarterly to its affiliated county board
4and certify its full compliance with this Section and accuracy
5of the voter rolls. In addition, on a monthly basis, the county
6clerk shall request from the United States Postal Service
7records of each permanent change of address form submitted to
8the Postal Service related to an address in the county and
9shall update the registration of any person whose address
10appears to have changed, as indicated by those records.
11    (b) Any person may request a copy of the report required in
12subsection (a). Failure to provide an accurate report by the
13county clerk within 5 business days, or 48 hours if 30 days
14before an election, may file suit for injunction or
15declaratory relief to enforce subsection (a) or this
16subsection (b).
17    (c) The circuit court shall have the jurisdiction to order
18the production of the required: (i) deposits of records; (ii)
19production of required reports; and (iii) compliance with
20subsection (a), including establishing the accuracy of the
21voter registration rolls.
22    (d) If a person seeking the right to receive a copy of the
23documents pursuant to subsection (a) or enforce the provision
24of subsection (a) prevails in a proceeding under this Section,
25the court shall award such person reasonable attorney's fees
26and costs. In determining what amount of attorney's fees is

 

 

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1reasonable, the court shall consider the degree to which the
2relief obtained relates to the relief sought.
3    (e) If the court determines that a public body willfully
4and intentionally failed to comply with this Section, or
5otherwise acted in bad faith, the court shall also impose upon
6the public body a civil penalty of not less than $2,500 nor
7more than $5,000 for each occurrence. In assessing the civil
8penalty, the court shall consider in aggravation or mitigation
9the budget of the public body and whether the public body has
10previously been assessed penalties for violations of this
11Section. The court may impose an additional penalty of up to
12$1,000 for each day the violation continues if:
13        (1) the public body fails to comply with the court's
14    order after 30 days;
15        (2) the court's order is not on appeal or stayed; and
16        (3) the court does not grant the public body
17    additional time to comply with the court's order to
18    disclose public records.
19(Source: P.A. 96-1484, eff. 1-1-11.)