Full Text of SB1696 94th General Assembly
SB1696 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1696
Introduced 2/24/2005, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/4-16 |
from Ch. 46, par. 4-16 |
10 ILCS 5/4-105 new |
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10 ILCS 5/5-23 |
from Ch. 46, par. 5-23 |
10 ILCS 5/5-105 new |
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10 ILCS 5/6-54 |
from Ch. 46, par. 6-54 |
10 ILCS 5/6-105 new |
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Amends the Election Code. Requires first time voters who registered by mail to vote in person unless they first provide specified types of documents identifying their name and address. Permits a registered voter whose name has changed but who lives in the same precinct to vote after making an affidavit at the polling place as to his or her identity and registration (now, only if the name change occurred at certain times and only if another voter attests to his or her identity). Requires the election authority to treat the affidavit as a request to register under the new name.
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A BILL FOR
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SB1696 |
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LRB094 10905 JAM 41461 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 4-16, 5-23, and 6-54 and by adding Sections 4-105, | 6 |
| 5-105, and 6-105 as follows:
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| (10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
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| Sec. 4-16. Any registered voter who changes his residence | 9 |
| from one address
to another within the same county wherein this | 10 |
| Article is in effect, may
have his registration transferred to | 11 |
| his new address by making and signing
an application for change | 12 |
| of residence address upon a form to be provided
by the county | 13 |
| clerk. Such application must be made to the office of the
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| county clerk and may be made either in person or by mail. In | 15 |
| case the
person is unable to sign his name, the county clerk | 16 |
| shall require him to
execute the application in the presence of | 17 |
| the county clerk or of his
properly authorized representative, | 18 |
| by his mark, and if satisfied of the
identity of the person, | 19 |
| the county clerk shall make the transfer.
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| Upon receipt of the application, the county clerk, or one | 21 |
| of his
employees deputized to take registrations shall cause | 22 |
| the signature of the
voter and the data appearing upon the | 23 |
| application to be compared with the
signature and data on the | 24 |
| registration record card, and if it appears that
the applicant | 25 |
| is the same person as the person previously registered under
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| that name the transfer shall be made.
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| No transfers of registration under the provisions of this | 28 |
| Section shall
be made during the 27 days preceding any election | 29 |
| at which such
voter would
be entitled to vote. When a removal | 30 |
| of a registered voter takes place from
one address to another | 31 |
| within the same precinct within a period during
which a | 32 |
| transfer of registration cannot be made
before any election or |
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SB1696 |
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LRB094 10905 JAM 41461 b |
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| primary, he shall be entitled to vote upon
presenting the | 2 |
| judges of election his affidavit substantially in the form
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| prescribed in Section 17-10 of this Act of a change of | 4 |
| residence address
within the precinct on a date therein | 5 |
| specified.
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| The county clerk may obtain information from utility | 7 |
| companies, city,
village, incorporated town and township | 8 |
| records, the post office, or from
other sources, regarding the | 9 |
| removal of registered voters, and may treat
such information, | 10 |
| and information procured from his death and marriage
records on | 11 |
| file in his office, as an application to erase from the | 12 |
| register
any name concerning which he may so have information | 13 |
| that the voter is no
longer qualified to vote under the name, | 14 |
| or from the address from which
registered, and give notice | 15 |
| thereof in the manner provided by Section 4--12
of this | 16 |
| Article, and notify voters who have changed their address that | 17 |
| a
transfer of registration may be made in the manner provided | 18 |
| in this
Section enclosing a form therefor.
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| If any person be registered by error in a precinct other | 20 |
| than that in
which he resides, the county clerk may transfer | 21 |
| his registration to the
proper precinct, and if the error is or | 22 |
| may be on the part of the
registration officials, and is | 23 |
| disclosed too late before an election or
primary to mail the | 24 |
| certificate required by Section 4--15, such certificate
may be | 25 |
| personally delivered to the voter and he may vote thereon as | 26 |
| therein
provided, but such certificates so issued shall be | 27 |
| specially listed with
the reason for the issuance thereof.
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| Where a revision or rearrangement of precincts is made by | 29 |
| the county
board, the county clerk shall immediately transfer | 30 |
| to the proper precinct
the registration of any voter affected | 31 |
| by such revision or rearrangement of
the precinct; make the | 32 |
| proper notations on the registration cards of a
voter affected | 33 |
| by the revision or rearrangement and shall issue revised
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| certificates to each registrant of such change.
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| Any registered voter who changes his or her name by | 36 |
| marriage or
otherwise shall be required to register anew and |
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SB1696 |
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LRB094 10905 JAM 41461 b |
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| authorize the cancellation
of the previous registration; but if | 2 |
| the voter still resides in the same
precinct and if the change | 3 |
| of name takes place within a period during
which a transfer of | 4 |
| registration cannot be made, preceding any election
or primary,
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| the elector may, if otherwise
qualified, vote upon making an | 6 |
| affidavit at the polling place attesting that the voter is the | 7 |
| same person who is registered to vote under his or her former | 8 |
| name. The affidavit shall be treated by the election authority | 9 |
| as authorization to cancel the registration under the former | 10 |
| name, and the election authority shall register the person | 11 |
| under his or her current name.
substantially in the form
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| prescribed in Section 17-10 of this Act.
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| The precinct election officials shall report to the county | 14 |
| clerk the
names and addresses of all persons who have changed | 15 |
| their addresses and
voted, which shall be treated as an | 16 |
| application to change address
accordingly, and the names and | 17 |
| addresses of all persons otherwise voting by
affidavit as in | 18 |
| this Section provided, which shall be treated as an
application | 19 |
| to erase under Section 4--12 hereof.
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| (Source: P.A. 92-816, eff. 8-21-02.)
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| (10 ILCS 5/4-105 new) | 22 |
| Sec. 4-105. First time voter. A person must vote for the | 23 |
| first time in person and not by a mailed absentee ballot if the | 24 |
| person registered to vote by mail, unless the person first | 25 |
| provides the appropriate election authority with sufficient | 26 |
| proof of identity by the person's driver's license number or | 27 |
| State identification card number or, if the person does not | 28 |
| have either of those, by the last 4 digits of the person's | 29 |
| social security number, a copy of a current and valid photo | 30 |
| identification, or a copy of a current utility bill, bank | 31 |
| statement, paycheck, government check, or other government | 32 |
| document that shows the person's name and address.
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| (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
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| Sec. 5-23. Any registered voter who changes his residence |
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LRB094 10905 JAM 41461 b |
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| from one address,
number or place to another within the same | 2 |
| county wherein this article 5
is in effect, may have his | 3 |
| registration transferred to his new address by
making and | 4 |
| signing an application for such change of residence upon a form
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| to be provided by the county clerk. Such application must be | 6 |
| made to the
office of the county clerk. In case the person is | 7 |
| unable to sign his name
the county clerk shall require such | 8 |
| person to execute the request in the
presence of the county | 9 |
| clerk or of his properly authorized representative,
by his | 10 |
| mark, and if satisfied of the identity of the person, the | 11 |
| county
clerk shall make the transfer.
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| Upon receipt of such application, the county clerk, or one | 13 |
| of his employees
deputized to take registrations shall cause | 14 |
| the signature of the voter and
the data appearing upon the | 15 |
| application to be compared with the signature
and data on the | 16 |
| registration record, and if it appears that the applicant
is | 17 |
| the same person as the party previously registered under that | 18 |
| name the
transfer shall be made.
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| Transfer of registration under the provisions of this | 20 |
| section may not be
made within the period when the county | 21 |
| clerk's office is closed to registration
prior to an election | 22 |
| at which such voter would be entitled to vote.
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| Any registered voter who changes his or her name by | 24 |
| marriage or
otherwise, shall be required to register anew and | 25 |
| authorize the
cancellation of the previous registration; | 26 |
| provided, however, that if
the change of name takes place | 27 |
| within a period during which such new
registration cannot be | 28 |
| made, next preceding any election or primary, the
elector may, | 29 |
| if otherwise qualified, vote upon making the following
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| affidavit before the judges of election:
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| I do solemnly swear that I am the same person now | 32 |
| registered in the
.... precinct of the .... ward of the city of | 33 |
| .... or .... District Town
of .... under the name of .... and | 34 |
| that I still reside in said precinct
or district.
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| (Signed) ....
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| If the voter whose name has changed still resides in the |
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LRB094 10905 JAM 41461 b |
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| same precinct, the voter may vote after making the affidavit at | 2 |
| the polling place regardless of when the change of name | 3 |
| occurred. In that event, the affidavit shall not state that the | 4 |
| voter is required to register; the affidavit shall be treated | 5 |
| by the election authority as authorization to cancel the | 6 |
| registration under the former name, and the election authority | 7 |
| shall register the voter under his or her current name.
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| When a removal of a registered voter takes place from one | 9 |
| address to
another within the same precinct within a period | 10 |
| during which such
transfer of registration cannot be made, | 11 |
| before any election or primary,
he shall be entitled to vote | 12 |
| upon presenting to the judges of election
an affidavit of a | 13 |
| change and having said affidavit supported by the
affidavit of | 14 |
| a qualified voter of the same precinct.
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| Suitable forms for this purpose shall be provided by the | 16 |
| county clerk. The form
in all cases shall be similar to the | 17 |
| form furnished by the county clerk
for county and state | 18 |
| elections.
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| The precinct election officials shall report to the county | 20 |
| clerk the names
and addresses of all such persons who have | 21 |
| changed their addresses and voted.
The city, village, town and | 22 |
| incorporated town clerks shall within five days
after every | 23 |
| election report to the county clerk the names and addresses
of | 24 |
| the persons reported to them as having voted by affidavit as in | 25 |
| this
section provided.
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| The county clerk may obtain information from utility | 27 |
| companies, city,
village, town and incorporated town records, | 28 |
| the post office or from
other sources regarding the removal of | 29 |
| registered voters and notify such
voters that a transfer of | 30 |
| registration may be made in the manner
provided by this | 31 |
| section.
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| If any person be registered by error in a precinct other | 33 |
| than that in
which he resides the county clerk shall be | 34 |
| empowered to transfer his
registration to the proper precinct.
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| Where a revision or rearrangement of precincts is made by | 36 |
| the board
of county commissioners, the county clerk shall |
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SB1696 |
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LRB094 10905 JAM 41461 b |
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| immediately transfer to
the proper precinct the registration of | 2 |
| any voter affected by such
revision or rearrangement of the | 3 |
| precincts; make the proper notations on
the registration cards | 4 |
| of a voter affected by the revision of
registration and shall | 5 |
| notify the registrant of such change.
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| (Source: P.A. 80-1469.)
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| (10 ILCS 5/5-105 new) | 8 |
| Sec. 5-105. First time voter. A person must vote for the | 9 |
| first time in person and not by a mailed absentee ballot if the | 10 |
| person registered to vote by mail, unless the person first | 11 |
| provides the appropriate election authority with sufficient | 12 |
| proof of identity by the person's driver's license number or | 13 |
| State identification card number or, if the person does not | 14 |
| have either of those, by the last 4 digits of the person's | 15 |
| social security number, a copy of a current and valid photo | 16 |
| identification, or a copy of a current utility bill, bank | 17 |
| statement, paycheck, government check, or other government | 18 |
| document that shows the person's name and address.
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| (10 ILCS 5/6-54) (from Ch. 46, par. 6-54)
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| Sec. 6-54. Any registered voter who changes his or her name | 21 |
| by marriage or
otherwise, shall be required to register anew | 22 |
| and authorize the
cancellation of the previous registration; | 23 |
| provided, however, that if the
change of name takes place | 24 |
| within a period during which such new
registration cannot be | 25 |
| made, next preceding any election or primary, the
elector may, | 26 |
| if otherwise qualified, vote upon making the following
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| affidavit before the judges of election:
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| "I do solemnly swear that I am the same person now | 29 |
| registered in the
.... precinct of the .... ward, under the | 30 |
| name of .... and that I still
reside in said precinct.
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| (Signed)...."
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| If the voter whose name has changed still resides in the | 33 |
| same precinct, the voter may vote after making the affidavit at | 34 |
| the polling place regardless of when the change of name |
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SB1696 |
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LRB094 10905 JAM 41461 b |
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| occurred. In that event, the affidavit shall not state that the | 2 |
| voter is required to register; the affidavit shall be treated | 3 |
| by the election authority as authorization to cancel the | 4 |
| registration under the former name, and the election authority | 5 |
| shall register the voter under his or her current name.
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| (Source: Laws 1943, vol. 2, p. 1.)
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| (10 ILCS 5/6-105 new) | 8 |
| Sec. 6-105. First time voter. A person must vote for the | 9 |
| first time in person and not by a mailed absentee ballot if the | 10 |
| person registered to vote by mail, unless the person first | 11 |
| provides the appropriate election authority with sufficient | 12 |
| proof of identity by the person's driver's license number or | 13 |
| State identification card number or, if the person does not | 14 |
| have either of those, by the last 4 digits of the person's | 15 |
| social security number, a copy of a current and valid photo | 16 |
| identification, or a copy of a current utility bill, bank | 17 |
| statement, paycheck, government check, or other government | 18 |
| document that shows the person's name and address.
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