Full Text of HB1971 94th General Assembly
HB1971eng 94TH GENERAL ASSEMBLY
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 1A-25, 4-8, 5-7, and 6-35 as follows: | 6 |
| (10 ILCS 5/1A-25) | 7 |
| (This Section may contain text from a Public Act with a | 8 |
| delayed effective date ) | 9 |
| Sec. 1A-25. Centralized statewide voter registration list. | 10 |
| The centralized statewide voter registration list required by | 11 |
| Title III, Subtitle A, Section 303 of the Help America Vote Act | 12 |
| of 2002 shall be created and maintained by the State Board of | 13 |
| Elections as provided in this Section. | 14 |
| (1) The centralized statewide voter registration list | 15 |
| shall be compiled from the voter registration data bases of | 16 |
| each election authority in this State.
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| (2) All new voter registration forms and applications | 18 |
| to register to vote shall be transmitted to the appropriate | 19 |
| election authority. The election authority shall process | 20 |
| and verify each voter registration form and electronically | 21 |
| enter verified registrations on an expedited basis onto the | 22 |
| statewide voter registration list. All original | 23 |
| registration cards shall remain permanently in the office | 24 |
| of the election authority as required by Sections 4-20, | 25 |
| 5-28, and 6-65.
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| (3) The centralized statewide voter registration list | 27 |
| shall:
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| (i) Be designed to allow election authorities to | 29 |
| utilize the registration data on the statewide voter | 30 |
| registration list pertinent to voters registered in | 31 |
| their election jurisdiction on locally maintained | 32 |
| software programs that are unique to each |
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| jurisdiction.
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| (ii) Allow each election authority to perform | 3 |
| essential election management functions, including but | 4 |
| not limited to production of voter lists, processing of | 5 |
| absentee voters, production of individual, pre-printed | 6 |
| applications to vote, administration of election | 7 |
| judges, and polling place administration, but shall | 8 |
| not prevent any election authority from using | 9 |
| information from that election authority's own | 10 |
| systems.
| 11 |
| (4) The registration information maintained by each | 12 |
| election authority shall at all times be synchronized with | 13 |
| that authority's information on the statewide list on a | 14 |
| constant, real-time basis.
| 15 |
| To protect the privacy and confidentiality of voter | 16 |
| registration information, the disclosure of any portion of the | 17 |
| centralized statewide voter registration list to any person or | 18 |
| entity other than to a State or local political committee and | 19 |
| other than to a governmental entity for a governmental purpose | 20 |
| is specifically prohibited except as follows: subject to | 21 |
| security measures adopted by the State Board of Elections | 22 |
| which, at a minimum, shall include the keeping of a catalog or | 23 |
| database, available for public view, including the name, | 24 |
| address, and telephone number of the person viewing the list as | 25 |
| well as the time of that viewing, any person may view the list | 26 |
| on a computer screen at the Springfield office of the State | 27 |
| Board of Elections, during normal business hours other than | 28 |
| during the 27 days before an election, but the person viewing | 29 |
| the list under this exception may not print, duplicate, | 30 |
| transmit, or alter the list .
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| (Source: P.A. 93-1071, eff. 6-1-05.)
| 32 |
| (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
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| Sec. 4-8. The county clerk shall provide a sufficient | 34 |
| number of blank
forms for the registration of electors, which | 35 |
| shall be known as
registration record cards and which shall |
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| consist of loose leaf sheets
or cards, of suitable size to | 2 |
| contain in plain writing and figures the
data hereinafter | 3 |
| required thereon or shall consist of computer cards of
suitable | 4 |
| nature to contain the data required thereon. The registration | 5 |
| record
cards, which shall include an affidavit of registration | 6 |
| as hereinafter
provided, shall be executed in duplicate.
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| The registration record card shall contain the following | 8 |
| and such
other information as the county clerk may think it | 9 |
| proper to require for
the identification of the applicant for | 10 |
| registration:
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| Name. The name of the applicant, giving surname and first | 12 |
| or
Christian name in full, and the middle name or the initial | 13 |
| for such
middle name, if any.
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| Sex.
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| Residence. The name and number of the street, avenue, or | 16 |
| other location of
the dwelling, including the apartment, unit | 17 |
| or room number, if any, and in the
case of a mobile home the lot | 18 |
| number, and such additional clear and definite
description as | 19 |
| may be necessary to determine the exact location of the
| 20 |
| dwelling of the applicant. Where the location cannot be | 21 |
| determined by
street and number, then the section, | 22 |
| congressional township and range
number may be used, or such | 23 |
| other description as may be necessary,
including post-office | 24 |
| mailing address. In the case of a homeless individual,
the | 25 |
| individual's voting residence that is his or her mailing | 26 |
| address shall be
included on his or her registration record | 27 |
| card.
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| Term of residence in the State of Illinois and precinct. | 29 |
| This
information shall be furnished by the applicant stating | 30 |
| the place or
places where he resided and the dates during which | 31 |
| he resided in such
place or places during the year next | 32 |
| preceding the date of the next
ensuing election.
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| Nativity. The state or country in which the applicant was | 34 |
| born.
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| Citizenship. Whether the applicant is native born or | 36 |
| naturalized. If
naturalized, the court, place, and date of |
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| naturalization.
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| Date of application for registration, i.e., the day, month | 3 |
| and year
when applicant presented himself for registration.
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| Age. Date of birth, by month, day and year.
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| Physical disability of the applicant, if any, at the time | 6 |
| of
registration, which would require assistance in voting.
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| The county and state in which the applicant was last | 8 |
| registered.
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| Signature of voter. The applicant, after the registration | 10 |
| and in the
presence of a deputy registrar or other officer of | 11 |
| registration shall be
required to sign his or her name in ink | 12 |
| to the affidavit on both the
original and duplicate | 13 |
| registration record cards.
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| Signature of deputy registrar or officer of registration.
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| In case applicant is unable to sign his name, he may affix | 16 |
| his mark
to the affidavit. In such case the officer empowered | 17 |
| to give the
registration oath shall write a detailed | 18 |
| description of the applicant in
the space provided on the back | 19 |
| or at the bottom of the card or sheet;
and shall ask the | 20 |
| following questions and record the answers thereto:
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| Father's first name.
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| Mother's first name.
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| From what address did the applicant last register?
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| Reason for inability to sign name.
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| Each applicant for registration shall make an affidavit in
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| substantially the following form:
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| AFFIDAVIT OF REGISTRATION
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| STATE OF ILLINOIS
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| COUNTY OF .......
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| I hereby swear (or affirm) that I am a citizen of the | 31 |
| United States;
that on the date of the next election I shall | 32 |
| have resided in the State
of Illinois and in the election | 33 |
| precinct in which I reside 30 days and
that I intend that this | 34 |
| location shall be my residence; that
I am fully qualified to | 35 |
| vote, and that the above statements are true.
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| ..............................
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| (His or her signature or mark)
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| Subscribed and sworn to before me on (insert date).
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| ..................................
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| Signature of registration officer.
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| (To be signed in presence of registrant.)
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| Space shall be provided upon the face of each registration | 7 |
| record
card for the notation of the voting record of the person | 8 |
| registered
thereon.
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| Each registration record card shall be numbered according | 10 |
| to
precincts, and may be serially or otherwise marked for | 11 |
| identification in
such manner as the county clerk may | 12 |
| determine.
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| The registration cards shall be deemed public records and | 14 |
| shall be
open to inspection during regular business hours, | 15 |
| except during the 27
days immediately preceding any election. | 16 |
| On written request of any
candidate or objector or any person | 17 |
| intending to object to a petition, the
election authority shall | 18 |
| extend its hours for inspection of registration
cards and other | 19 |
| records of the election authority during the period
beginning | 20 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
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| 28-3 and continuing through the termination of electoral board | 22 |
| hearings on
any objections to petitions containing signatures | 23 |
| of registered voters in
the jurisdiction of the election | 24 |
| authority. The extension shall be for a
period of hours | 25 |
| sufficient to allow adequate opportunity for examination of
the | 26 |
| records but the election authority is not required to extend | 27 |
| its hours
beyond the period beginning at its normal opening for | 28 |
| business and ending
at midnight. If the business hours are so | 29 |
| extended, the election authority
shall post a public notice of | 30 |
| such extended hours. Registration record
cards may also be | 31 |
| inspected, upon approval of the officer in charge of the
cards, | 32 |
| during the 27 days immediately preceding any election.
| 33 |
| Registration
record cards shall also be open to inspection by | 34 |
| certified judges and poll
watchers and challengers at the | 35 |
| polling place on election day, but only to
the extent necessary |
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| to determine the question of the right of a person to
vote or | 2 |
| to serve as a judge of election. At no time shall poll watchers | 3 |
| or
challengers be allowed to physically handle the registration | 4 |
| record cards.
| 5 |
| Updated copies of computer tapes or computer discs or other | 6 |
| electronic data
processing information containing voter | 7 |
| registration information shall
be furnished by the county clerk | 8 |
| within 10 days after December 15 and
May
15 each year and | 9 |
| within 10 days after each registration
period is closed to the | 10 |
| State Board of Elections in a form
prescribed by the
Board. For | 11 |
| the purposes of this Section, a registration period is closed | 12 |
| 27
days before the date of any regular or special election. | 13 |
| Registration
information shall include, but not be limited to, | 14 |
| the
following information: name, sex, residence, telephone | 15 |
| number, if any,
age, party affiliation, if applicable, | 16 |
| precinct, ward, township,
county, and representative, | 17 |
| legislative and
congressional districts. In the event of | 18 |
| noncompliance, the State
Board of Elections is directed to | 19 |
| obtain compliance forthwith with this
nondiscretionary duty of | 20 |
| the election authority by instituting legal
proceedings in the | 21 |
| circuit court of the county in which the election
authority | 22 |
| maintains the registration information. The costs of | 23 |
| furnishing
updated copies of tapes or discs shall be paid at a | 24 |
| rate of $.00034 per
name of registered voters in the election | 25 |
| jurisdiction, but not less than
$50 per tape or disc and shall | 26 |
| be paid from appropriations made to the
State Board of | 27 |
| Elections for reimbursement to the election authority for
such | 28 |
| purpose. The State Board shall furnish copies of such tapes, | 29 |
| discs, other
electronic data or compilations thereof to state | 30 |
| political committees
registered pursuant to the Illinois | 31 |
| Campaign Finance Act or the Federal
Election Campaign Act and | 32 |
| to governmental entities, at their request and at a reasonable | 33 |
| cost.
To protect the privacy and confidentiality of voter | 34 |
| registration information,
the disclosure
of electronic voter | 35 |
| registration records to any person or entity other than to a
| 36 |
| State or local political
committee and other than to a |
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| governmental entity for a governmental
purpose is specifically | 2 |
| prohibited except as follows: subject to security measures | 3 |
| adopted by the State Board of Elections which, at a minimum, | 4 |
| shall include the keeping of a catalog or database, available | 5 |
| for public view, including the name, address, and telephone | 6 |
| number of the person viewing the list as well as the time of | 7 |
| that viewing, any person may view the centralized statewide | 8 |
| voter registration list on a computer screen at the Springfield | 9 |
| office of the State Board of Elections, during normal business | 10 |
| hours other than during the 27 days before an election, but the | 11 |
| person viewing the list under this exception may not print, | 12 |
| duplicate, transmit, or alter the list . Copies of
the tapes, | 13 |
| discs, or other electronic data shall be furnished by the | 14 |
| county
clerk to local political committees and governmental | 15 |
| entities at their request and at a
reasonable cost.
Reasonable | 16 |
| cost of the tapes, discs, et cetera for
this purpose would be | 17 |
| the cost of duplication plus 15% for
administration. The | 18 |
| individual representing a political committee
requesting | 19 |
| copies of such tapes shall make a sworn affidavit that the
| 20 |
| information shall be used only for bona fide political | 21 |
| purposes,
including by or for candidates for office or | 22 |
| incumbent office holders.
Such tapes, discs or other electronic | 23 |
| data shall not be used under any
circumstances by any political | 24 |
| committee or individuals for purposes of
commercial | 25 |
| solicitation or other business purposes. If such tapes
contain | 26 |
| information on county residents related to the operations of
| 27 |
| county government in addition to registration information, | 28 |
| that
information shall not be used under any circumstances for | 29 |
| commercial
solicitation or other business purposes. The | 30 |
| prohibition in this
Section against using the computer tapes or | 31 |
| computer discs or other
electronic data processing information | 32 |
| containing voter registration
information for purposes of | 33 |
| commercial solicitation or other business
purposes shall be | 34 |
| prospective only from the effective date of this
amended Act of | 35 |
| 1979. Any person who violates this provision shall be
guilty of | 36 |
| a Class 4 felony.
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| The State Board of Elections shall promulgate, by October | 2 |
| 1, 1987, such
regulations as may be necessary to ensure | 3 |
| uniformity throughout the State
in electronic data processing | 4 |
| of voter registration information. The
regulations shall | 5 |
| include, but need not be limited to, specifications for
uniform | 6 |
| medium, communications protocol and file structure to be | 7 |
| employed
by the election authorities of this State in the | 8 |
| electronic data processing
of voter registration information. | 9 |
| Each election authority utilizing
electronic data processing | 10 |
| of voter registration information shall comply
with such | 11 |
| regulations on and after May 15, 1988.
| 12 |
| If the applicant for registration was last registered in | 13 |
| another
county within this State, he shall also sign a | 14 |
| certificate authorizing
cancellation of the former | 15 |
| registration. The certificate shall be in
substantially the | 16 |
| following form:
| 17 |
| To the County Clerk of.... County, Illinois. (or)
| 18 |
| To the Election Commission of the City of ...., Illinois.
| 19 |
| This is to certify that I am registered in your (county) | 20 |
| (city) and
that my residence was ............................
| 21 |
| Having moved out of your (county) (city), I hereby authorize | 22 |
| you to
cancel said registration in your office.
| 23 |
| Dated at ...., Illinois, on (insert date).
| 24 |
| .................................
| 25 |
| (Signature of Voter)
| 26 |
| Attest: ................, County Clerk, .............
| 27 |
| County, Illinois.
| 28 |
| The cancellation certificate shall be mailed immediately | 29 |
| by the
County Clerk to the County Clerk (or election commission | 30 |
| as the case may
be) where the applicant was formerly | 31 |
| registered. Receipt of such
certificate shall be full authority | 32 |
| for cancellation of any previous
registration.
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| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 34 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
| 35 |
| (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| 1 |
| Sec. 5-7. The county clerk shall provide a sufficient | 2 |
| number of
blank forms for the registration of electors which | 3 |
| shall be known as
registration record cards and which shall | 4 |
| consist of loose leaf sheets
or cards, of suitable size to | 5 |
| contain in plain writing and figures the
data hereinafter | 6 |
| required thereon or shall consist of computer cards of
suitable | 7 |
| nature to contain the data required thereon. The registration
| 8 |
| record cards, which shall include an affidavit of registration | 9 |
| as
hereinafter provided, shall be executed in duplicate.
| 10 |
| The registration record card shall contain the following | 11 |
| and such
other information as the county clerk may think it | 12 |
| proper to require for
the identification of the applicant for | 13 |
| registration:
| 14 |
| Name. The name of the applicant, giving surname and first | 15 |
| or
Christian name in full, and the middle name or the initial | 16 |
| for such
middle name, if any.
| 17 |
| Sex.
| 18 |
| Residence. The name and number of the street, avenue, or | 19 |
| other
location of the dwelling, including the apartment, unit | 20 |
| or room number,
if any, and in the case of a mobile home the lot | 21 |
| number, and such additional
clear and definite description as | 22 |
| may be necessary to determine the exact
location of the | 23 |
| dwelling of the applicant, including post-office mailing
| 24 |
| address. In the case of a homeless individual, the individual's | 25 |
| voting
residence that is his or her mailing address shall be | 26 |
| included on his or her
registration record card.
| 27 |
| Term of residence in the State of Illinois and the | 28 |
| precinct. Which
questions may be answered by the applicant | 29 |
| stating, in excess of 30 days
in the State and in excess of 30 | 30 |
| days in the precinct.
| 31 |
| Nativity. The State or country in which the applicant was | 32 |
| born.
| 33 |
| Citizenship. Whether the applicant is native born or | 34 |
| naturalized. If
naturalized, the court, place and date of | 35 |
| naturalization.
| 36 |
| Date of application for registration, i.e., the day, month |
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HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| 1 |
| and year
when applicant presented himself for registration.
| 2 |
| Age. Date of birth, by month, day and year.
| 3 |
| Physical disability of the applicant, if any, at the time | 4 |
| of
registration, which would require assistance in voting.
| 5 |
| The county and state in which the applicant was last | 6 |
| registered.
| 7 |
| Signature of voter. The applicant, after the registration | 8 |
| and in the
presence of a deputy registrar or other officer of | 9 |
| registration shall be
required to sign his or her name in ink | 10 |
| to the affidavit on the original
and duplicate registration | 11 |
| record card.
| 12 |
| Signature of Deputy Registrar.
| 13 |
| In case applicant is unable to sign his name, he may affix | 14 |
| his mark
to the affidavit. In such case the officer empowered | 15 |
| to give the
registration oath shall write a detailed | 16 |
| description of the applicant in
the space provided at the | 17 |
| bottom of the card or sheet; and shall ask the
following | 18 |
| questions and record the answers thereto:
| 19 |
| Father's first name .......................
| 20 |
| Mother's first name .......................
| 21 |
| From what address did you last register?
| 22 |
| Reason for inability to sign name.
| 23 |
| Each applicant for registration shall make an affidavit in
| 24 |
| substantially the following form:
| 25 |
| AFFIDAVIT OF REGISTRATION
| 26 |
| State of Illinois)
| 27 |
| )ss
| 28 |
| County of )
| 29 |
| I hereby swear (or affirm) that I am a citizen of the | 30 |
| United States;
that on the date of the next election I shall | 31 |
| have resided in the State
of Illinois and in the election | 32 |
| precinct in which I reside 30 days; that
I am fully qualified | 33 |
| to vote. That I intend that this location shall be
my residence | 34 |
| and that the above statements are true.
| 35 |
| ..............................
| 36 |
| (His or her signature or mark)
|
|
|
|
HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
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| 1 |
| Subscribed and sworn to before me on (insert date).
| 2 |
| .........................................
| 3 |
| Signature of Registration Officer.
| 4 |
| (To be signed in presence of Registrant.)
| 5 |
| Space shall be provided upon the face of each registration | 6 |
| record
card for the notation of the voting record of the person | 7 |
| registered
thereon.
| 8 |
| Each registration record card shall be numbered according | 9 |
| to towns
and precincts, wards, cities and villages, as the case | 10 |
| may be, and may
be serially or otherwise marked for | 11 |
| identification in such manner as the
county clerk may | 12 |
| determine.
| 13 |
| The registration cards shall be deemed public records and | 14 |
| shall be
open to inspection during regular business hours, | 15 |
| except during the 27
days immediately preceding any election. | 16 |
| On written request of any
candidate or objector or any person | 17 |
| intending to object to a petition, the
election authority shall | 18 |
| extend its hours for inspection of registration
cards and other | 19 |
| records of the election authority during the period
beginning | 20 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 21 |
| 28-3 and continuing through the termination of electoral board | 22 |
| hearings on
any objections to petitions containing signatures | 23 |
| of registered voters in
the jurisdiction of the election | 24 |
| authority. The extension shall be for a
period of hours | 25 |
| sufficient to allow adequate opportunity for examination of
the | 26 |
| records but the election authority is not required to extend | 27 |
| its hours
beyond the period beginning at its normal opening for | 28 |
| business and ending
at midnight. If the business hours are so | 29 |
| extended, the election authority
shall post a public notice of | 30 |
| such extended hours. Registration record cards
may also be | 31 |
| inspected, upon approval of the officer in charge of the cards,
| 32 |
| during the 27 days immediately preceding any election. | 33 |
| Registration
record
cards shall also be open to inspection by | 34 |
| certified judges and poll watchers
and challengers at the | 35 |
| polling place on election day, but only to the extent
necessary |
|
|
|
HB1971 Engrossed |
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LRB094 02785 JAM 32786 b |
|
| 1 |
| to determine the question of the right of a person to vote or | 2 |
| to
serve as a judge of election. At no time shall poll watchers | 3 |
| or challengers be
allowed to physically handle the registration | 4 |
| record cards.
| 5 |
| Updated copies of computer tapes or computer discs or other | 6 |
| electronic data
processing information containing voter | 7 |
| registration information shall
be furnished by the county clerk | 8 |
| within 10 days after December 15 and
May
15 each year and | 9 |
| within 10 days after each registration
period is closed to the | 10 |
| State Board of Elections in a form
prescribed by the
Board. For | 11 |
| the purposes of this Section, a registration period is closed | 12 |
| 27
days before the date of any regular or special election. | 13 |
| Registration
information
shall include, but not be limited to, | 14 |
| the
following information: name, sex, residence, telephone | 15 |
| number, if any, age,
party affiliation, if applicable, | 16 |
| precinct, ward, township, county, and
representative, | 17 |
| legislative and congressional districts. In the event of
| 18 |
| noncompliance, the State Board of Elections is directed to | 19 |
| obtain compliance
forthwith with this nondiscretionary duty of | 20 |
| the election authority by
instituting legal proceedings in the | 21 |
| circuit court of the county in which the
election authority | 22 |
| maintains the registration information. The costs of
| 23 |
| furnishing updated copies of tapes or discs shall be paid at a | 24 |
| rate of $.00034
per name of registered voters in the election | 25 |
| jurisdiction, but not less than
$50 per tape or disc and shall | 26 |
| be paid from appropriations made to the State
Board of | 27 |
| Elections for reimbursement to the election authority for such
| 28 |
| purpose. The State Board shall furnish copies of such tapes, | 29 |
| discs, other electronic
data or compilations thereof to state | 30 |
| political committees registered pursuant
to the Illinois | 31 |
| Campaign Finance Act or the Federal Election Campaign Act and | 32 |
| to governmental entities, at
their request and at a reasonable | 33 |
| cost.
To protect the privacy and confidentiality of voter | 34 |
| registration information,
the disclosure
of electronic voter | 35 |
| registration records to any person or entity other than to a
| 36 |
| State or local political
committee and other than to a |
|
|
|
HB1971 Engrossed |
- 13 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| governmental entity for a governmental
purpose
is specifically | 2 |
| prohibited except as follows: subject to security measures | 3 |
| adopted by the State Board of Elections which, at a minimum, | 4 |
| shall include the keeping of a catalog or database, available | 5 |
| for public view, including the name, address, and telephone | 6 |
| number of the person viewing the list as well as the time of | 7 |
| that viewing, any person may view the centralized statewide | 8 |
| voter registration list on a computer screen at the Springfield | 9 |
| office of the State Board of Elections, during normal business | 10 |
| hours other than during the 27 days before an election, but the | 11 |
| person viewing the list under this exception may not print, | 12 |
| duplicate, transmit, or alter the list .
Copies of the tapes, | 13 |
| discs or other
electronic data shall be furnished by the county | 14 |
| clerk to local political
committees and governmental entities | 15 |
| at their request and at a reasonable cost. Reasonable cost of | 16 |
| the
tapes, discs, et cetera for this purpose would be the cost | 17 |
| of duplication plus
15% for administration. The individual | 18 |
| representing a political committee
requesting copies of such | 19 |
| tapes shall make a sworn affidavit that the
information shall | 20 |
| be used only for bona fide political purposes,
including by or | 21 |
| for candidates for office or incumbent office holders.
Such | 22 |
| tapes, discs or other electronic data shall not be used under | 23 |
| any
circumstances by any political committee or individuals for | 24 |
| purposes of
commercial solicitation or other business | 25 |
| purposes. If such tapes
contain information on county residents | 26 |
| related to the operations of
county government in addition to | 27 |
| registration information, that
information shall not be used | 28 |
| under any circumstances for commercial
solicitation or other | 29 |
| business purposes. The prohibition in this
Section against | 30 |
| using the computer tapes or computer discs or other
electronic | 31 |
| data processing information containing voter registration
| 32 |
| information for purposes of commercial solicitation or other | 33 |
| business
purposes shall be prospective only from the effective | 34 |
| date of this
amended Act of 1979. Any person who violates this | 35 |
| provision shall be
guilty of a Class 4 felony.
| 36 |
| The State Board of Elections shall promulgate, by October |
|
|
|
HB1971 Engrossed |
- 14 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| 1, 1987, such
regulations as may be necessary to ensure | 2 |
| uniformity throughout the State
in electronic data processing | 3 |
| of voter registration information. The
regulations shall | 4 |
| include, but need not be limited to, specifications for
uniform | 5 |
| medium, communications protocol and file structure to be | 6 |
| employed
by the election authorities of this State in the | 7 |
| electronic data processing
of voter registration information. | 8 |
| Each election authority utilizing
electronic data processing | 9 |
| of voter registration information shall comply
with such | 10 |
| regulations on and after May 15, 1988.
| 11 |
| If the applicant for registration was last registered in | 12 |
| another
county within this State, he shall also sign a | 13 |
| certificate authorizing
cancellation of the former | 14 |
| registration. The certificate shall be in
substantially the | 15 |
| following form:
| 16 |
| To the County Clerk of .... County, Illinois. To the Election
| 17 |
| Commission of the City of ...., Illinois.
| 18 |
| This is to certify that I am registered in your (county) | 19 |
| (city) and
that my residence was .....
| 20 |
| Having moved out of your (county) (city), I hereby | 21 |
| authorize you to
cancel said registration in your office.
| 22 |
| Dated at .... Illinois, on (insert date).
| 23 |
| ....................
| 24 |
| (Signature of Voter)
| 25 |
| Attest ......, County Clerk, ........ County, Illinois.
| 26 |
| The cancellation certificate shall be mailed immediately | 27 |
| by the
county clerk to the county clerk (or election commission | 28 |
| as the case may
be) where the applicant was formerly | 29 |
| registered. Receipt of such
certificate shall be full authority | 30 |
| for cancellation of any previous
registration.
| 31 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 32 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
| 33 |
| (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| 34 |
| Sec. 6-35. The Boards of Election Commissioners shall | 35 |
| provide a
sufficient number of blank forms for the registration |
|
|
|
HB1971 Engrossed |
- 15 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| of electors which
shall be known as registration record cards | 2 |
| and which shall consist of
loose leaf sheets or cards, of | 3 |
| suitable size to contain in plain writing
and figures the data | 4 |
| hereinafter required thereon or shall consist of computer
cards | 5 |
| of suitable nature to contain the data required thereon. The | 6 |
| registration
record cards, which shall include an affidavit of | 7 |
| registration as
hereinafter provided, shall be executed in | 8 |
| duplicate. The duplicate of
which may be a carbon copy of the | 9 |
| original or a copy of the original
made by the use of other | 10 |
| method or material used for making simultaneous
true copies or | 11 |
| duplications.
| 12 |
| The registration record card shall contain the following | 13 |
| and such
other information as the Board of Election | 14 |
| Commissioners may think it
proper to require for the | 15 |
| identification of the applicant for
registration:
| 16 |
| Name. The name of the applicant, giving surname and first | 17 |
| or
Christian name in full, and the middle name or the initial | 18 |
| for such
middle name, if any.
| 19 |
| Sex.
| 20 |
| Residence. The name and number of the street, avenue, or | 21 |
| other
location of the dwelling, including the apartment, unit | 22 |
| or room number,
if any, and in the case of a mobile home the lot | 23 |
| number, and such additional
clear and definite description as | 24 |
| may be necessary to determine the exact
location of the | 25 |
| dwelling of the applicant, including post-office mailing
| 26 |
| address. In the case of a homeless individual, the individual's | 27 |
| voting
residence that is his or her mailing address shall be | 28 |
| included on his or her
registration record card.
| 29 |
| Term of residence in the State of Illinois and the | 30 |
| precinct.
| 31 |
| Nativity. The state or country in which the applicant was | 32 |
| born.
| 33 |
| Citizenship. Whether the applicant is native born or | 34 |
| naturalized. If
naturalized, the court, place, and date of | 35 |
| naturalization.
| 36 |
| Date of application for registration, i.e., the day, month |
|
|
|
HB1971 Engrossed |
- 16 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| and year
when the applicant presented himself for registration.
| 2 |
| Age. Date of birth, by month, day and year.
| 3 |
| Physical disability of the applicant, if any, at the time | 4 |
| of
registration, which would require assistance in voting.
| 5 |
| The county and state in which the applicant was last | 6 |
| registered.
| 7 |
| Signature of voter. The applicant, after registration and | 8 |
| in the
presence of a deputy registrar or other officer of | 9 |
| registration shall be
required to sign his or her name in ink | 10 |
| to the affidavit on both the
original and the duplicate | 11 |
| registration record card.
| 12 |
| Signature of deputy registrar.
| 13 |
| In case applicant is unable to sign his name, he may affix | 14 |
| his mark
to the affidavit. In such case the registration | 15 |
| officer shall write a
detailed description of the applicant in | 16 |
| the space provided at the
bottom of the card or sheet; and | 17 |
| shall ask the following questions and
record the answers | 18 |
| thereto:
| 19 |
| Father's first name .........................
| 20 |
| Mother's first name .........................
| 21 |
| From what address did you last register? ....
| 22 |
| Reason for inability to sign name ...........
| 23 |
| Each applicant for registration shall make an affidavit in
| 24 |
| substantially the following form:
| 25 |
| AFFIDAVIT OF REGISTRATION
| 26 |
| State of Illinois )
| 27 |
| )ss
| 28 |
| County of ....... )
| 29 |
| I hereby swear (or affirm) that I am a citizen of the | 30 |
| United States,
that on the day of the next election I shall | 31 |
| have resided in the State
of Illinois and in the election | 32 |
| precinct 30 days and that I intend that
this location is my | 33 |
| residence; that I am fully qualified to
vote, and that the | 34 |
| above statements are true.
| 35 |
| ..............................
| 36 |
| (His or her signature or mark)
|
|
|
|
HB1971 Engrossed |
- 17 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| Subscribed and sworn to before me on (insert date).
| 2 |
| ......................................
| 3 |
| Signature of registration officer
| 4 |
| (to be signed in presence of registrant).
| 5 |
| Space shall be provided upon the face of each registration | 6 |
| record
card for the notation of the voting record of the person | 7 |
| registered
thereon.
| 8 |
| Each registration record card shall be numbered according | 9 |
| to wards or
precincts, as the case may be, and may be serially | 10 |
| or otherwise marked
for identification in such manner as the | 11 |
| Board of Election Commissioners
may determine.
| 12 |
| The registration cards shall be deemed public records and | 13 |
| shall be
open to inspection during regular business hours, | 14 |
| except during the 27
days immediately preceding any election. | 15 |
| On written request of any
candidate or objector or any person | 16 |
| intending to object to a petition, the
election authority shall | 17 |
| extend its hours for inspection of registration
cards and other | 18 |
| records of the election authority during the period
beginning | 19 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 20 |
| 28-3 and continuing through the termination of electoral board | 21 |
| hearings on
any objections to petitions containing signatures | 22 |
| of registered voters in
the jurisdiction of the election | 23 |
| authority. The extension shall be for a
period of hours | 24 |
| sufficient to allow adequate opportunity for examination of
the | 25 |
| records but the election authority is not required to extend | 26 |
| its hours
beyond the period beginning at its normal opening for | 27 |
| business and ending
at midnight. If the business hours are so | 28 |
| extended, the election authority
shall post a public notice of | 29 |
| such extended hours. Registration record cards
may also be | 30 |
| inspected, upon approval of the officer in charge of the cards,
| 31 |
| during the 27 days immediately preceding any election. | 32 |
| Registration
record
cards shall also be open to inspection by | 33 |
| certified judges and poll watchers
and challengers at the | 34 |
| polling place on election day, but only to the extent
necessary | 35 |
| to determine the question of the right of a person to vote or | 36 |
| to
serve as a judge of election. At no time shall poll watchers |
|
|
|
HB1971 Engrossed |
- 18 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| or challengers be
allowed to physically handle the registration | 2 |
| record cards.
| 3 |
| Updated copies of computer tapes or computer discs or other | 4 |
| electronic data
processing information containing voter | 5 |
| registration information shall
be furnished by the Board of | 6 |
| Election Commissioners within 10 days after
December 15 and May | 7 |
| 15 each year and within 10
days after each registration period | 8 |
| is closed to the State Board
of Elections in a
form prescribed | 9 |
| by the State Board. For the purposes of this Section, a
| 10 |
| registration period is closed 27 days before the date of any | 11 |
| regular
or special
election. Registration information shall
| 12 |
| include, but not be limited to, the following information: | 13 |
| name, sex,
residence, telephone number, if any, age, party | 14 |
| affiliation, if
applicable, precinct, ward, township, county, | 15 |
| and representative,
legislative and congressional districts. | 16 |
| In the event of noncompliance,
the State Board of Elections is | 17 |
| directed to obtain compliance forthwith
with this | 18 |
| nondiscretionary duty of the election authority by instituting
| 19 |
| legal proceedings in the circuit court of the county in which | 20 |
| the election
authority maintains the registration information. | 21 |
| The costs of furnishing
updated copies of tapes or discs shall | 22 |
| be paid at a rate of $.00034
per name of registered voters in | 23 |
| the election jurisdiction, but not less
than $50 per tape or | 24 |
| disc and shall be paid from appropriations made to the
State | 25 |
| Board of Elections for reimbursement to the election authority | 26 |
| for
such purpose. The State Board shall furnish copies of such | 27 |
| tapes, discs,
other electronic data or compilations thereof to | 28 |
| state political committees
registered pursuant to the Illinois | 29 |
| Campaign Finance Act or the Federal
Election Campaign Act and | 30 |
| to governmental entities, at their request and at a reasonable | 31 |
| cost.
To protect the privacy and confidentiality of voter | 32 |
| registration information,
the disclosure
of electronic voter | 33 |
| registration records to any person or entity other than to a
| 34 |
| State or local political
committee and other than to a | 35 |
| governmental entity for a governmental
purpose is specifically | 36 |
| prohibited except as follows: subject to security measures |
|
|
|
HB1971 Engrossed |
- 19 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| adopted by the State Board of Elections which, at a minimum, | 2 |
| shall include the keeping of a catalog or database, available | 3 |
| for public view, including the name, address, and telephone | 4 |
| number of the person viewing the list as well as the time of | 5 |
| that viewing, any person may view the centralized statewide | 6 |
| voter registration list on a computer screen at the Springfield | 7 |
| office of the State Board of Elections, during normal business | 8 |
| hours other than during the 27 days before an election, but the | 9 |
| person viewing the list under this exception may not print, | 10 |
| duplicate, transmit, or alter the list .
Copies of the
tapes, | 11 |
| discs or other electronic data shall be furnished by the Board | 12 |
| of
Election Commissioners to local political committees and | 13 |
| governmental entities at their request and at a
reasonable | 14 |
| cost. Reasonable cost of the tapes, discs, et cetera for
this | 15 |
| purpose would be the cost of duplication plus 15% for
| 16 |
| administration. The individual representing a political | 17 |
| committee
requesting copies of such tapes shall make a sworn | 18 |
| affidavit that the
information shall be used only for bona fide | 19 |
| political purposes,
including by or for candidates for office | 20 |
| or incumbent office holders.
Such tapes, discs or other | 21 |
| electronic data shall not be used under any
circumstances by | 22 |
| any political committee or individuals for purposes of
| 23 |
| commercial solicitation or other business purposes. If such | 24 |
| tapes
contain information on county residents related to the | 25 |
| operations of
county government in addition to registration | 26 |
| information, that
information shall not be used under any | 27 |
| circumstances for commercial
solicitation or other business | 28 |
| purposes. The prohibition in this
Section against using the | 29 |
| computer tapes or computer discs or other
electronic data | 30 |
| processing information containing voter registration
| 31 |
| information for purposes of commercial solicitation or other | 32 |
| business
purposes shall be prospective only from the effective | 33 |
| date of this
amended Act of 1979. Any person who violates this | 34 |
| provision shall be
guilty of a Class 4 felony.
| 35 |
| The State Board of Elections shall promulgate, by October | 36 |
| 1, 1987, such
regulations as may be necessary to ensure |
|
|
|
HB1971 Engrossed |
- 20 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| uniformity throughout the State
in electronic data processing | 2 |
| of voter registration information. The
regulations shall | 3 |
| include, but need not be limited to, specifications for
uniform | 4 |
| medium, communications protocol and file structure to be | 5 |
| employed
by the election authorities of this State in the | 6 |
| electronic data processing
of voter registration information. | 7 |
| Each election authority utilizing
electronic data processing | 8 |
| of voter registration information shall comply
with such | 9 |
| regulations on and after May 15, 1988.
| 10 |
| If the applicant for registration was last registered in | 11 |
| another
county within this State, he shall also sign a | 12 |
| certificate authorizing
cancellation of the former | 13 |
| registration. The certificate shall be in
substantially the | 14 |
| following form:
| 15 |
| To the County Clerk of .... County, Illinois.
| 16 |
| To the Election Commission of the City of ...., Illinois.
| 17 |
| This is to certify that I am registered in your (county) | 18 |
| (city) and
that my residence was ..... Having moved out of your | 19 |
| (county), (city), I
hereby authorize you to cancel that | 20 |
| registration in your office.
| 21 |
| Dated at ...., Illinois, on (insert date).
| 22 |
| ....................
| 23 |
| (Signature of Voter)
| 24 |
| Attest ...., Clerk, Election Commission of the City of....,
| 25 |
| Illinois.
| 26 |
| The cancellation certificate shall be mailed immediately | 27 |
| by the clerk
of the Election Commission to the county clerk, | 28 |
| (or Election Commission
as the case may be) where the applicant | 29 |
| was formerly registered. Receipt
of such certificate shall be | 30 |
| full authority for cancellation of any
previous registration.
| 31 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; | 32 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
| 33 |
| Section 95. No acceleration or delay. Where this Act makes | 34 |
| changes in a
statute that is represented in this Act by text | 35 |
| that is not yet or no longer in
effect (for example, a Section |
|
|
|
HB1971 Engrossed |
- 21 - |
LRB094 02785 JAM 32786 b |
|
| 1 |
| represented by multiple versions), the use of
that text does | 2 |
| not accelerate or delay the taking effect of (i) the changes
| 3 |
| made by this Act or (ii) provisions derived from any other | 4 |
| Public Act.
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|