Full Text of HB5916 99th General Assembly
HB5916 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5916 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1-3 | from Ch. 46, par. 1-3 | 10 ILCS 5/1-13 new | | 10 ILCS 5/1A-16.5 | | 10 ILCS 5/4-8 | from Ch. 46, par. 4-8 | 10 ILCS 5/4-20 | from Ch. 46, par. 4-20 | 10 ILCS 5/4-33 | | 10 ILCS 5/5-7 | from Ch. 46, par. 5-7 | 10 ILCS 5/5-28 | from Ch. 46, par. 5-28 | 10 ILCS 5/5-43 | | 10 ILCS 5/6-35 | from Ch. 46, par. 6-35 | 10 ILCS 5/6-65 | from Ch. 46, par. 6-65 | 10 ILCS 5/6-79 | | 10 ILCS 5/20-8 | from Ch. 46, par. 20-8 |
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Amends the Election Code. Provides that the making and signing of any form may be by a signature in ink or in digitized form. Provides that all applications submitted on a website maintained by the State Board of Elections shall be deemed timely filed if they are submitted no later than 11:59 p.m. on the 16th day (instead of on the final day for voter registration) prior to an election. Provides that each vote by mail voter's ballot returned to an election authority, by any means authorized by the Code, and received by that election authority may be processed by the election authority beginning on the day it is received by the election authority (instead of the 15th day before election day) in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as otherwise provided. Provides that voter registration master files may be kept in a computer-based file or paper format. Provides that the digital voter registration files shall be searchable and remain current with all registration activity conducted by the county clerk or election authority. Makes various changes concerning digital signatures. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 1-3, 1A-16.5, 4-8, 4-20, 4-33, 5-7, 5-28, 5-43, 6-35, | 6 | | 6-65, 6-79, and 20-8 and by adding Section 1-13 as follows:
| 7 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| 8 | | Sec. 1-3. As used in this Act, unless the context otherwise | 9 | | requires:
| 10 | | 1. "Election" includes the submission of all questions of | 11 | | public
policy, propositions, and all measures submitted to | 12 | | popular vote, and
includes primary elections when so indicated | 13 | | by the context.
| 14 | | 2. "Regular election" means the general, general primary,
| 15 | | consolidated and consolidated primary elections regularly | 16 | | scheduled in Article
2A. The even numbered year municipal | 17 | | primary established in Article 2A is
a regular election only | 18 | | with respect to those municipalities in which a
primary is | 19 | | required to be held on such date.
| 20 | | 3. "Special election" means an election not regularly | 21 | | recurring at fixed
intervals, irrespective of whether it is | 22 | | held at the same time and place and by
the same election | 23 | | officers as a regular election.
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| 1 | | 4. "General election" means the biennial election at which | 2 | | members of
the General Assembly are elected. "General primary | 3 | | election", "consolidated election" and "consolidated primary | 4 | | election" mean
the respective elections or the election dates | 5 | | designated and established
in Article 2A of this Code.
| 6 | | 5. "Municipal election" means an election or primary, | 7 | | either regular
or special, in cities, villages, and | 8 | | incorporated towns; and "municipality"
means any such city, | 9 | | village or incorporated town.
| 10 | | 6. "Political or governmental subdivision" means any unit | 11 | | of local
government, or school district in which elections are | 12 | | or may be held.
"Political or governmental subdivision" also | 13 | | includes, for election purposes,
Regional Boards of School | 14 | | Trustees, and Township Boards of School Trustees.
| 15 | | 7. The word "township" and the word "town" shall apply
| 16 | | interchangeably to the type of governmental organization | 17 | | established in
accordance with the provisions of the Township | 18 | | Code. The term
"incorporated town" shall mean a municipality | 19 | | referred to as an
incorporated town in the Illinois Municipal | 20 | | Code, as now or hereafter
amended.
| 21 | | 8. "Election authority" means a county clerk or a Board of | 22 | | Election
Commissioners.
| 23 | | 9. "Election Jurisdiction" means (a) an entire county, in | 24 | | the case of
a county in which no city board of election | 25 | | commissioners is located or
which is under the jurisdiction of | 26 | | a county board of election commissioners;
(b) the territorial |
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| 1 | | jurisdiction of a city board of election commissioners;
and (c) | 2 | | the territory in a county outside of the jurisdiction of a city
| 3 | | board of election commissioners. In each instance election | 4 | | jurisdiction
shall be determined according to which election | 5 | | authority maintains the
permanent registration records of | 6 | | qualified electors.
| 7 | | 10. "Local election official" means the clerk or secretary | 8 | | of a unit
of local government or school district, as the case | 9 | | may be, the treasurer
of a township board of school trustees, | 10 | | and the regional superintendent
of schools with respect to the | 11 | | various school officer elections and school
referenda for which | 12 | | the regional superintendent is assigned election duties
by The | 13 | | School Code, as now or hereafter amended.
| 14 | | 11. "Judges of election", "primary judges" and similar | 15 | | terms, as
applied to cases where there are 2 sets of judges, | 16 | | when used in
connection with duties at an election during the | 17 | | hours the polls are
open, refer to the team of judges of | 18 | | election on duty during such hours;
and, when used with | 19 | | reference to duties after the closing of the polls,
refer to | 20 | | the team of tally judges designated to count the vote after the
| 21 | | closing of the polls and the holdover judges designated | 22 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | 23 | | after the closing of the
polls, any act is required to be | 24 | | performed by each of the judges of
election, it shall be | 25 | | performed by each of the tally judges and by each
of the | 26 | | holdover judges.
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| 1 | | 12. "Petition" of candidacy as used in Sections 7-10 and | 2 | | 7-10.1
shall consist of a statement of candidacy, candidate's | 3 | | statement
containing oath, and sheets containing signatures of | 4 | | qualified primary
electors bound together.
| 5 | | 13. "Election district" and "precinct", when used with | 6 | | reference to
a 30-day residence requirement, means the smallest | 7 | | constituent territory
in which electors vote as a unit at the | 8 | | same polling place in any
election governed by this Act.
| 9 | | 14. "District" means any area which votes as a unit for the | 10 | | election of
any officer, other than the State or a unit of | 11 | | local government or school
district, and includes, but is not | 12 | | limited to, legislative, congressional
and judicial districts, | 13 | | judicial circuits, county board districts,
municipal and | 14 | | sanitary district wards, school board districts, and | 15 | | precincts.
| 16 | | 15. "Question of public policy" or "public question"
means | 17 | | any question, proposition or measure submitted to the voters at | 18 | | an
election dealing with subject matter other than the | 19 | | nomination or election
of candidates and shall include, but is | 20 | | not limited to, any bond or tax
referendum, and questions | 21 | | relating to the Constitution.
| 22 | | 16. "Ordinance providing the form of government of a | 23 | | municipality
or county pursuant to Article VII of the | 24 | | Constitution" includes ordinances,
resolutions and petitions | 25 | | adopted by referendum which provide for the form
of government, | 26 | | the officers or the manner of selection or terms of office
of |
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| 1 | | officers of such municipality or county, pursuant to the | 2 | | provisions of
Sections 4, 6 or 7 of Article VII of the | 3 | | Constitution.
| 4 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | 5 | | 6-60, and 6-66
shall include a computer tape or computer disc | 6 | | or other electronic data
processing information containing | 7 | | voter information.
| 8 | | 18. "Accessible" means accessible to persons with | 9 | | disabilities and elderly
individuals for the purpose of voting | 10 | | or registration, as determined by
rule of the State Board of | 11 | | Elections.
| 12 | | 19. "Elderly" means 65 years of age or older.
| 13 | | 20. "Person with a disability" means a person having a | 14 | | temporary or permanent physical disability.
| 15 | | 21. "Leading political party" means one of the two | 16 | | political parties
whose candidates for governor at the most | 17 | | recent three gubernatorial
elections received either the | 18 | | highest or second highest average number of
votes. The | 19 | | political party whose candidates for governor received the
| 20 | | highest average number of votes shall be known as the first | 21 | | leading
political party and the political party whose | 22 | | candidates for governor
received the second highest average | 23 | | number of votes shall be known as the
second leading political | 24 | | party.
| 25 | | 22. "Business day" means any day in which the office of an | 26 | | election
authority, local election official or the State Board |
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| 1 | | of Elections is open
to the public for a minimum of 7 hours.
| 2 | | 23. "Homeless individual" means any person who has a | 3 | | nontraditional
residence, including, but not limited to, a | 4 | | shelter, day shelter, park
bench, street corner, or space under | 5 | | a bridge.
| 6 | | 24. "Signature" means a name signed in ink or in digitized | 7 | | form. | 8 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 9 | | (10 ILCS 5/1-13 new) | 10 | | Sec. 1-13. Forms of signature. The making and signing of | 11 | | any form, including an application to register, a certificate | 12 | | authorizing cancellation of a registration or authorizing a | 13 | | transfer of registration, an application to vote, a provisional | 14 | | ballot, or affidavit, may be by a signature written in ink or | 15 | | in digitized form. | 16 | | (10 ILCS 5/1A-16.5) | 17 | | Sec. 1A-16.5. Online voter registration. | 18 | | (a) The State Board of Elections shall establish and | 19 | | maintain a system for online voter registration that permits a | 20 | | person to apply to register to vote or to update his or her | 21 | | existing voter registration. In accordance with technical | 22 | | specifications provided by the State Board of Elections, each | 23 | | election authority shall maintain a voter registration system | 24 | | capable of receiving and processing voter registration |
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| 1 | | application information, including electronic signatures, from | 2 | | the online voter registration system established by the State | 3 | | Board of Elections. | 4 | | (b) The online voter registration system shall employ | 5 | | security measures to ensure the accuracy and integrity of voter | 6 | | registration applications submitted electronically pursuant to | 7 | | this Section. | 8 | | (c) The Board may receive voter registration information | 9 | | provided by applicants using the State Board of Elections' | 10 | | website, may cross reference that information with data or | 11 | | information contained in the Secretary of State's database in | 12 | | order to match the information submitted by applicants, and may | 13 | | receive from the Secretary of State the applicant's digitized | 14 | | signature upon a successful match of that applicant's | 15 | | information with that contained in the Secretary of State's | 16 | | database. | 17 | | (d) Notwithstanding any other provision of law, a person | 18 | | who is qualified to register to vote and who has an authentic | 19 | | Illinois driver's license or State identification card issued | 20 | | by the Secretary of State may submit an application to register | 21 | | to vote electronically on a website maintained by the State | 22 | | Board of Elections. | 23 | | (e) An online voter registration application shall contain | 24 | | all of the information that is required for a paper application | 25 | | as provided in Section 1A-16 of this Code, except that the | 26 | | applicant shall be required to provide: |
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| 1 | | (1) the applicant's full Illinois driver's license or | 2 | | State identification card number; | 3 | | (2) the last 4 digits of the applicant's social | 4 | | security number; and | 5 | | (3) the date the Illinois driver's license or State | 6 | | identification card was issued. | 7 | | (f) For an applicant's registration or change in | 8 | | registration to be accepted, the applicant shall mark the box | 9 | | associated with the following statement included as part of the | 10 | | online voter registration application: | 11 | | "By clicking on the box below, I swear or affirm all of the | 12 | | following: | 13 | | (1) I am the person whose name and identifying information | 14 | | is provided on this form, and I desire to register to vote in | 15 | | the State of Illinois. | 16 | | (2) All the information I have provided on this form is | 17 | | true and correct as of the date I am submitting this form. | 18 | | (3) I authorize the Secretary of State to transmit to the | 19 | | State Board of Elections my signature that is on file with the | 20 | | Secretary of State and understand that such signature will be | 21 | | used by my local election authority on this online voter | 22 | | registration application for admission as an elector as if I | 23 | | had signed this form personally.". | 24 | | (g) Immediately upon receiving a completed online voter | 25 | | registration application, the online voter registration system | 26 | | shall send, by electronic mail, a confirmation notice that the |
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| 1 | | application has been received. Within 48 hours of receiving | 2 | | such an application, the online voter registration system shall | 3 | | send by electronic mail, a notice informing the applicant of | 4 | | whether the following information has been matched with the | 5 | | Secretary of State database: | 6 | | (1) that the applicant has an authentic Illinois | 7 | | driver's license or State identification card issued by the | 8 | | Secretary of State and that the driver's license or State | 9 | | identification number provided by the applicant matches | 10 | | the driver's license or State identification card number | 11 | | for that person on file with the Secretary of State; | 12 | | (2) that the date of issuance of the Illinois driver's | 13 | | license or State identification card listed on the | 14 | | application matches the date of issuance of that card for | 15 | | that person on file with the Secretary of State; | 16 | | (3) that the date of birth provided by the applicant | 17 | | matches the date of birth for that person on file with the | 18 | | Secretary of State; and | 19 | | (4) that the last 4 digits of the applicant's social | 20 | | security number matches the last 4 digits for that person | 21 | | on file with the Secretary of State. | 22 | | (h) If the information provided by the applicant matches | 23 | | the information on the Secretary of State's databases for any | 24 | | driver's license and State identification card holder and is | 25 | | matched as provided in subsection (g) above, the online voter | 26 | | registration system shall: |
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| 1 | | (1) retrieve from the Secretary of State's database | 2 | | files an electronic copy of the applicant's signature from | 3 | | his or her Illinois driver's license or State | 4 | | identification card and such signature shall be deemed to | 5 | | be the applicant's signature on his or her online voter | 6 | | registration application; | 7 | | (2) within 2 days of receiving the application, forward | 8 | | to the county clerk or board of election commissioners | 9 | | having jurisdiction over the applicant's voter | 10 | | registration: (i) the application, along with the | 11 | | applicant's relevant data that can be directly loaded into | 12 | | the jurisdiction's voter registration system and (ii) a | 13 | | copy of the applicant's electronic signature and a | 14 | | certification from the State Board of Elections that the | 15 | | applicant's driver's license or State identification card | 16 | | number, driver's license or State identification card date | 17 | | of issuance, and date of birth and social security | 18 | | information have been successfully matched. | 19 | | (i) Upon receipt of the online voter registration | 20 | | application, the county clerk or board of election | 21 | | commissioners having jurisdiction over the applicant's voter | 22 | | registration shall promptly search its voter registration | 23 | | database to determine whether the applicant is already | 24 | | registered to vote at the address on the application and | 25 | | whether the new registration would create a duplicate | 26 | | registration. If the applicant is already registered to vote at |
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| 1 | | the address on the application, the clerk or board, as the case | 2 | | may be, shall send the applicant by first class mail, and | 3 | | electronic mail if the applicant has provided an electronic | 4 | | mail address on the original voter registration form for that | 5 | | address, a disposition notice as otherwise required by law | 6 | | informing the applicant that he or she is already registered to | 7 | | vote at such address. If the applicant is not already | 8 | | registered to vote at the address on the application and the | 9 | | applicant is otherwise eligible to register to vote, the clerk | 10 | | or board, as the case may be, shall: | 11 | | (1) enter the name and address of the applicant on the | 12 | | list of registered voters in the jurisdiction; and | 13 | | (2) send by mail, and electronic mail if the applicant | 14 | | has provided an electronic mail address on the voter | 15 | | registration form, a disposition notice to the applicant as | 16 | | otherwise provided by law setting forth the applicant's | 17 | | name and address as it appears on the application and | 18 | | stating that the person is registered to vote. | 19 | | (j) An electronic signature of the person submitting a | 20 | | duplicate registration application or a change of address form | 21 | | that is retrieved and imported from the Secretary of State's | 22 | | driver's license or State identification card database as | 23 | | provided herein may, in the discretion of the clerk or board, | 24 | | be substituted for and replace any existing signature for that | 25 | | individual in the voter registration database of the county | 26 | | clerk or board of election commissioners. |
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| 1 | | (k) Any new registration or change of address submitted | 2 | | electronically as provided in this Section shall become | 3 | | effective as of the date it is received by the county clerk or | 4 | | board of election commissioners having jurisdiction over said | 5 | | registration. Disposition notices prescribed in this Section | 6 | | shall be sent within 5 business days of receipt of the online | 7 | | application or change of address by the county clerk or board | 8 | | of election commissioners. | 9 | | (l) All provisions of this Code governing voter | 10 | | registration and applicable thereto and not inconsistent with | 11 | | this Section shall apply to online voter registration under | 12 | | this Section. All applications submitted on a website | 13 | | maintained by the State Board of Elections shall be deemed | 14 | | timely filed if they are submitted no later than 11:59 p.m. on | 15 | | the 16th day final day for voter registration prior to an | 16 | | election. After the registration period for an upcoming | 17 | | election has ended and until the 2nd day following such | 18 | | election, the web page containing the online voter registration | 19 | | form on the State Board of Elections website shall inform users | 20 | | of the procedure for grace period voting. | 21 | | (m) The State Board of Elections shall maintain a list of | 22 | | the name, street address, e-mail address, and likely precinct, | 23 | | ward, township, and district numbers, as the case may be, of | 24 | | people who apply to vote online through the voter registration | 25 | | system and those names and that information shall be stored in | 26 | | an electronic format on its website, arranged by county and |
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| 1 | | accessible to State and local political committees. | 2 | | (n) The Illinois State Board of Elections shall develop or | 3 | | cause to be developed an online voter registration system able | 4 | | to be accessed by at least the top two most used mobile | 5 | | electronic operating systems by January 1, 2016. | 6 | | (o) (Blank).
| 7 | | (p) Each State department that maintains an Internet | 8 | | website must include a hypertext link to the homepage website | 9 | | maintained and operated pursuant to this Section 1A-16.5. For | 10 | | the purposes of this Section, "State department" means the | 11 | | departments of State Government listed in Section 5-15 of the | 12 | | Civil Administrative Code of Illinois (General Provisions and | 13 | | Departments of State Government). | 14 | | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; | 15 | | 98-1171, eff. 6-1-15 .)
| 16 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| 17 | | Sec. 4-8. The county clerk shall provide a sufficient | 18 | | number of blank
forms for the registration of electors, which | 19 | | shall be known as
registration record cards and which shall | 20 | | consist of loose leaf sheets
or cards, of suitable size to | 21 | | contain in plain writing and figures the
data hereinafter | 22 | | required thereon or shall consist of computer cards of
suitable | 23 | | nature to contain the data required thereon. The registration | 24 | | record
cards, which shall include an affidavit of registration | 25 | | as hereinafter
provided, shall be executed in duplicate.
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| 1 | | The registration record card shall contain the following | 2 | | and such
other information as the county clerk may think it | 3 | | proper to require for
the identification of the applicant for | 4 | | registration:
| 5 | | Name. The name of the applicant, giving surname and first | 6 | | or
Christian name in full, and the middle name or the initial | 7 | | for such
middle name, if any.
| 8 | | Sex.
| 9 | | Residence. The name and number of the street, avenue, or | 10 | | other location of
the dwelling, including the apartment, unit | 11 | | or room number, if any, and in the
case of a mobile home the lot | 12 | | number, and such additional clear and definite
description as | 13 | | may be necessary to determine the exact location of the
| 14 | | dwelling of the applicant. Where the location cannot be | 15 | | determined by
street and number, then the section, | 16 | | congressional township and range
number may be used, or such | 17 | | other description as may be necessary,
including post-office | 18 | | mailing address. In the case of a homeless individual,
the | 19 | | individual's voting residence that is his or her mailing | 20 | | address shall be
included on his or her registration record | 21 | | card.
| 22 | | Term of residence in the State of Illinois and precinct. | 23 | | This
information shall be furnished by the applicant stating | 24 | | the place or
places where he resided and the dates during which | 25 | | he resided in such
place or places during the year next | 26 | | preceding the date of the next
ensuing election.
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| 1 | | Nativity. The state or country in which the applicant was | 2 | | born.
| 3 | | Citizenship. Whether the applicant is native born or | 4 | | naturalized. If
naturalized, the court, place, and date of | 5 | | naturalization.
| 6 | | Date of application for registration, i.e., the day, month | 7 | | and year
when applicant presented himself for registration.
| 8 | | Age. Date of birth, by month, day and year.
| 9 | | Physical disability of the applicant, if any, at the time | 10 | | of
registration, which would require assistance in voting.
| 11 | | The county and state in which the applicant was last | 12 | | registered.
| 13 | | Electronic mail address, if any. | 14 | | Signature of voter. The applicant, after the registration | 15 | | and in the
presence of a deputy registrar or other officer of | 16 | | registration shall be
required to sign his or her name in ink | 17 | | or digitized form to the affidavit on both the
original and | 18 | | duplicate registration record cards.
| 19 | | Signature of deputy registrar or officer of registration.
| 20 | | In case applicant is unable to sign his name, he may affix | 21 | | his mark
to the affidavit. In such case the officer empowered | 22 | | to give the
registration oath shall write a detailed | 23 | | description of the applicant in
the space provided on the back | 24 | | or at the bottom of the card or sheet;
and shall ask the | 25 | | following questions and record the answers thereto:
| 26 | | Father's first name.
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| 1 | | Mother's first name.
| 2 | | From what address did the applicant last register?
| 3 | | Reason for inability to sign name.
| 4 | | Each applicant for registration shall make an affidavit in
| 5 | | substantially the following form:
| 6 | | AFFIDAVIT OF REGISTRATION
| 7 | | STATE OF ILLINOIS
| 8 | | COUNTY OF .......
| 9 | | I hereby swear (or affirm) that I am a citizen of the | 10 | | United States;
that on the date of the next election I shall | 11 | | have resided in the State
of Illinois and in the election | 12 | | precinct in which I reside 30 days and
that I intend that this | 13 | | location shall be my residence; that
I am fully qualified to | 14 | | vote, and that the above statements are true.
| 15 | | ..............................
| 16 | | (His or her signature or mark)
| 17 | | Subscribed and sworn to before me on (insert date).
| 18 | | ..................................
| 19 | | Signature of registration officer.
| 20 | | (To be signed in presence of registrant.)
| 21 | | Space shall be provided upon the face of each registration | 22 | | record
card for the notation of the voting record of the person | 23 | | registered
thereon.
| 24 | | Each registration record card shall be numbered according | 25 | | to
precincts, and may be serially or otherwise marked for |
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| 1 | | identification in
such manner as the county clerk may | 2 | | determine.
| 3 | | The registration cards shall be deemed public records and | 4 | | shall be
open to inspection during regular business hours, | 5 | | except during the 27
days immediately preceding any election. | 6 | | On written request of any
candidate or objector or any person | 7 | | intending to object to a petition, the
election authority shall | 8 | | extend its hours for inspection of registration
cards and other | 9 | | records of the election authority during the period
beginning | 10 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 11 | | 28-3 and continuing through the termination of electoral board | 12 | | hearings on
any objections to petitions containing signatures | 13 | | of registered voters in
the jurisdiction of the election | 14 | | authority. The extension shall be for a
period of hours | 15 | | sufficient to allow adequate opportunity for examination of
the | 16 | | records but the election authority is not required to extend | 17 | | its hours
beyond the period beginning at its normal opening for | 18 | | business and ending
at midnight. If the business hours are so | 19 | | extended, the election authority
shall post a public notice of | 20 | | such extended hours. Registration record
cards may also be | 21 | | inspected, upon approval of the officer in charge of the
cards, | 22 | | during the 27 days immediately preceding any election.
| 23 | | Registration
record cards shall also be open to inspection by | 24 | | certified judges and poll
watchers and challengers at the | 25 | | polling place on election day, but only to
the extent necessary | 26 | | to determine the question of the right of a person to
vote or |
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| 1 | | to serve as a judge of election. At no time shall poll watchers | 2 | | or
challengers be allowed to physically handle the registration | 3 | | record cards.
| 4 | | Updated copies of computer tapes or computer discs or other | 5 | | electronic data
processing information containing voter | 6 | | registration information shall
be furnished by the county clerk | 7 | | within 10 days after December 15 and
May
15 each year and | 8 | | within 10 days after each registration
period is closed to the | 9 | | State Board of Elections in a form
prescribed by the
Board. For | 10 | | the purposes of this Section, a registration period is closed | 11 | | 27
days before the date of any regular or special election. | 12 | | Registration
information shall include, but not be limited to, | 13 | | the
following information: name, sex, residence, telephone | 14 | | number, if any,
age, party affiliation, if applicable, | 15 | | precinct, ward, township,
county, and representative, | 16 | | legislative and
congressional districts. In the event of | 17 | | noncompliance, the State
Board of Elections is directed to | 18 | | obtain compliance forthwith with this
nondiscretionary duty of | 19 | | the election authority by instituting legal
proceedings in the | 20 | | circuit court of the county in which the election
authority | 21 | | maintains the registration information. The costs of | 22 | | furnishing
updated copies of tapes or discs shall be paid at a | 23 | | rate of $.00034 per
name of registered voters in the election | 24 | | jurisdiction, but not less than
$50 per tape or disc and shall | 25 | | be paid from appropriations made to the
State Board of | 26 | | Elections for reimbursement to the election authority for
such |
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| 1 | | purpose. The State Board shall furnish copies of such tapes, | 2 | | discs, other
electronic data or compilations thereof to state | 3 | | political committees
registered pursuant to the Illinois | 4 | | Campaign Finance Act or the Federal
Election Campaign Act and | 5 | | to governmental entities, at their request and at a reasonable | 6 | | cost.
To protect the privacy and confidentiality of voter | 7 | | registration information,
the disclosure
of electronic voter | 8 | | registration records to any person or entity other than to a
| 9 | | State or local political
committee and other than to a | 10 | | governmental entity for a governmental
purpose is specifically | 11 | | prohibited except as follows: subject to security measures | 12 | | adopted by the State Board of Elections which, at a minimum, | 13 | | shall include the keeping of a catalog or database, available | 14 | | for public view, including the name, address, and telephone | 15 | | number of the person viewing the list as well as the time of | 16 | | that viewing, any person may view the centralized statewide | 17 | | voter registration list on a computer screen at the Springfield | 18 | | office of the State Board of Elections, during normal business | 19 | | hours other than during the 27 days before an election, but the | 20 | | person viewing the list under this exception may not print, | 21 | | duplicate, transmit, or alter the list. Copies of
the tapes, | 22 | | discs, or other electronic data shall be furnished by the | 23 | | county
clerk to local political committees and governmental | 24 | | entities at their request and at a
reasonable cost.
Reasonable | 25 | | cost of the tapes, discs, et cetera for
this purpose would be | 26 | | the cost of duplication plus 15% for
administration. The |
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| 1 | | individual representing a political committee
requesting | 2 | | copies of such tapes shall make a sworn affidavit that the
| 3 | | information shall be used only for bona fide political | 4 | | purposes,
including by or for candidates for office or | 5 | | incumbent office holders.
Such tapes, discs or other electronic | 6 | | data shall not be used under any
circumstances by any political | 7 | | committee or individuals for purposes of
commercial | 8 | | solicitation or other business purposes. If such tapes
contain | 9 | | information on county residents related to the operations of
| 10 | | county government in addition to registration information, | 11 | | that
information shall not be used under any circumstances for | 12 | | commercial
solicitation or other business purposes. The | 13 | | prohibition in this
Section against using the computer tapes or | 14 | | computer discs or other
electronic data processing information | 15 | | containing voter registration
information for purposes of | 16 | | commercial solicitation or other business
purposes shall be | 17 | | prospective only from the effective date of this
amended Act of | 18 | | 1979. Any person who violates this provision shall be
guilty of | 19 | | a Class 4 felony.
| 20 | | The State Board of Elections shall promulgate, by October | 21 | | 1, 1987, such
regulations as may be necessary to ensure | 22 | | uniformity throughout the State
in electronic data processing | 23 | | of voter registration information. The
regulations shall | 24 | | include, but need not be limited to, specifications for
uniform | 25 | | medium, communications protocol and file structure to be | 26 | | employed
by the election authorities of this State in the |
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| 1 | | electronic data processing
of voter registration information. | 2 | | Each election authority utilizing
electronic data processing | 3 | | of voter registration information shall comply
with such | 4 | | regulations on and after May 15, 1988.
| 5 | | If the applicant for registration was last registered in | 6 | | another
county within this State, he shall also sign a | 7 | | certificate authorizing
cancellation of the former | 8 | | registration. The certificate shall be in
substantially the | 9 | | following form:
| 10 | | To the County Clerk of.... County, Illinois. (or)
| 11 | | To the Election Commission of the City of ...., Illinois.
| 12 | | This is to certify that I am registered in your (county) | 13 | | (city) and
that my residence was ............................
| 14 | | Having moved out of your (county) (city), I hereby authorize | 15 | | you to
cancel said registration in your office.
| 16 | | Dated at ...., Illinois, on (insert date).
| 17 | | .................................
| 18 | | (Signature of Voter)
| 19 | | Attest: ................, County Clerk, .............
| 20 | | County, Illinois.
| 21 | | The cancellation certificate shall be mailed immediately | 22 | | by the
County Clerk to the County Clerk (or election commission | 23 | | as the case may
be) where the applicant was formerly | 24 | | registered. Receipt of such
certificate shall be full authority | 25 | | for cancellation of any previous
registration.
| 26 | | (Source: P.A. 98-115, eff. 10-1-13.)
|
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| 1 | | (10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
| 2 | | Sec. 4-20.
The original registration cards shall remain | 3 | | permanently
in the office of the county clerk or election | 4 | | authority except as destroyed as provided in
Section 4-5.01; | 5 | | shall be filed alphabetically without regard to
precincts; and | 6 | | shall be known as the master file. The master file may be kept | 7 | | in a computer-based voter registration file or paper format, | 8 | | provided a secondary digital back-up is kept off site. The | 9 | | digital file shall be searchable and remain current with all | 10 | | registration activity conducted by the County Clerk or election | 11 | | authority. The duplicate
registration cards shall constitute | 12 | | the official registry of voters for
all elections subject to | 13 | | the provisions of this Article 4, shall be
filed by precincts | 14 | | alphabetically or geographically so as to correspond
with the | 15 | | arrangement of the list for such precincts respectively,
| 16 | | compiled pursuant to Section 4-11 of this Article, and shall be | 17 | | known as
the precinct file. The duplicate cards for use in | 18 | | conducting elections
shall be delivered to the judges of | 19 | | election by the county clerk in a
suitable binder or other | 20 | | device, which shall be locked and sealed in
accordance with the | 21 | | directions to be given by the county clerk and shall
also be | 22 | | suitably indexed for convenient use by the precinct officers. | 23 | | The
duplicate cards
shall be delivered to the judges of
| 24 | | election for use at the polls for elections at the same time as | 25 | | the
official ballots are delivered to them, and shall be |
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| 1 | | returned to the
county clerk by the judges of election within | 2 | | the time provided for the
return of the official ballots. The | 3 | | county clerk shall determine the
manner of delivery and return | 4 | | of such duplicate cards,
and shall at all other times retain | 5 | | them at his office except for such
use of them as may be made | 6 | | under this Article with respect to
registration not at the | 7 | | office of the county clerk.
| 8 | | (Source: P.A. 80-1469.)
| 9 | | (10 ILCS 5/4-33)
| 10 | | Sec. 4-33. Computerization of voter records.
| 11 | | (a) The State Board of Elections shall design a | 12 | | registration record card
that, except as otherwise provided in | 13 | | this Section, shall be used in duplicate
by all election | 14 | | authorities in the State adopting a computer-based voter
| 15 | | registration file as provided in this Section. The Board shall | 16 | | prescribe the
form
and specifications, including but not | 17 | | limited to the weight of paper, color,
and print of the cards. | 18 | | The cards shall contain boxes or spaces for the
information | 19 | | required under Sections 4-8 and 4-21; provided that
the cards | 20 | | shall also contain: (i) A space for a person to fill in his or | 21 | | her
Illinois driver's license number if the person has a | 22 | | driver's license; (ii) A
space for a person without a driver's | 23 | | license to fill in the last four digits
of his or her social | 24 | | security number if the person has a social security
number.
| 25 | | (b) The election authority may develop and implement a |
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| 1 | | system
to prepare,
use, and maintain a computer-based voter | 2 | | registration file that includes a
computer-stored image of the | 3 | | signature of each voter. The computer-based voter
registration | 4 | | file may be used for all purposes for which the original
| 5 | | registration cards are to be used , provided that a system for | 6 | | the storage of at
least one copy of the original registration | 7 | | cards remains in effect .
In the case of voter registration | 8 | | forms received via an online voter registration system, the | 9 | | original registration cards will include the signature | 10 | | received from the Secretary of State database. The electronic | 11 | | file shall be the master file.
| 12 | | (b-2) The election authority may develop and implement a | 13 | | system to maintain registration cards in digital form using | 14 | | digitized signatures, which may be stored in a computer-based | 15 | | voter registration file under subsection (b) of this Section. | 16 | | The making and signing of any form, including an application to | 17 | | register and a certificate authorizing cancellation of a | 18 | | registration or authorizing a transfer of registration may be | 19 | | by a signature written in ink or by a digitized signature. | 20 | | (c) Any system created, used, and maintained under | 21 | | subsection
(b) of this
Section shall meet the following | 22 | | standards:
| 23 | | (1) Access to any computer-based voter registration | 24 | | file shall be limited
to those persons authorized by the | 25 | | election authority, and each access to the
computer-based | 26 | | voter registration file, other than an access solely for
|
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| 1 | | inquiry, shall be recorded.
| 2 | | (2) No copy, summary, list, abstract, or index of any | 3 | | computer-based voter
registration file that includes any | 4 | | computer-stored image of the signature of
any registered | 5 | | voter shall be made available to the public outside of the
| 6 | | offices of the election authority.
| 7 | | (3) Any copy, summary, list, abstract, or index of any | 8 | | computer-based
voter
registration file that includes a | 9 | | computer-stored image of the signature of a
registered | 10 | | voter shall be produced in such a manner that it cannot be
| 11 | | reproduced.
| 12 | | (4) Each person desiring to vote shall sign an | 13 | | application for a ballot,
and the signature comparison | 14 | | authorized in Articles 17 and 18 of this Code may
be made | 15 | | to a copy of the computer-stored image of the signature of | 16 | | the
registered voter.
| 17 | | (5) Any voter list produced from a computer-based voter | 18 | | registration file
that includes computer-stored images of | 19 | | the signatures of registered voters and
is used in a | 20 | | polling place during an election shall be preserved by the
| 21 | | election authority in secure storage until the end of the | 22 | | second calendar year
following the election in which it was | 23 | | used.
| 24 | | (d) Before the first election in which the election | 25 | | authority
elects to use
a voter list produced from the | 26 | | computer-stored images of the signatures of
registered voters |
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| 1 | | in a computer-based voter registration file for signature
| 2 | | comparison in a polling place, the State Board of Elections | 3 | | shall certify that
the system used by the election authority | 4 | | complies with the standards set forth
in this Section. The | 5 | | State Board of Elections may request a sample poll list
| 6 | | intended to be used in a polling place to test the accuracy of | 7 | | the list and the
adequacy of the computer-stored images of the | 8 | | signatures of the registered
voters.
| 9 | | (e) With respect to a jurisdiction that has copied all of | 10 | | its
voter
signatures into a computer-based registration file, | 11 | | all references in this Act
or any other Act to the use, other | 12 | | than storage, of paper-based voter
registration records shall | 13 | | be deemed to refer to their computer-based
equivalents.
| 14 | | (f) Nothing in this Section prevents an election authority | 15 | | from
submitting to the State Board of Elections a duplicate | 16 | | copy of some, as the
State Board of Elections shall determine, | 17 | | or all of the data contained in each
voter registration record | 18 | | that is part of the electronic master file. The
duplicate copy | 19 | | of the registration record shall be maintained by the State
| 20 | | Board of Elections under the same terms and limitations | 21 | | applicable to the
election authority and shall be of equal | 22 | | legal dignity with the original
registration record maintained | 23 | | by the election authority as proof of any fact
contained in the | 24 | | voter registration record.
| 25 | | (Source: P.A. 98-115, eff. 7-29-13.)
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| 1 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| 2 | | Sec. 5-7. The county clerk shall provide a sufficient | 3 | | number of
blank forms for the registration of electors which | 4 | | shall be known as
registration record cards and which shall | 5 | | consist of loose leaf sheets
or cards, of suitable size to | 6 | | contain in plain writing and figures the
data hereinafter | 7 | | required thereon or shall consist of computer cards of
suitable | 8 | | nature to contain the data required thereon. The registration
| 9 | | record cards, which shall include an affidavit of registration | 10 | | as
hereinafter provided, shall be executed in duplicate.
| 11 | | The registration record card shall contain the following | 12 | | and such
other information as the county clerk may think it | 13 | | proper to require for
the identification of the applicant for | 14 | | registration:
| 15 | | Name. The name of the applicant, giving surname and first | 16 | | or
Christian name in full, and the middle name or the initial | 17 | | for such
middle name, if any.
| 18 | | Sex.
| 19 | | Residence. The name and number of the street, avenue, or | 20 | | other
location of the dwelling, including the apartment, unit | 21 | | or room number,
if any, and in the case of a mobile home the lot | 22 | | number, and such additional
clear and definite description as | 23 | | may be necessary to determine the exact
location of the | 24 | | dwelling of the applicant, including post-office mailing
| 25 | | address. In the case of a homeless individual, the individual's | 26 | | voting
residence that is his or her mailing address shall be |
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| 1 | | included on his or her
registration record card.
| 2 | | Term of residence in the State of Illinois and the | 3 | | precinct. Which
questions may be answered by the applicant | 4 | | stating, in excess of 30 days
in the State and in excess of 30 | 5 | | days in the precinct.
| 6 | | Nativity. The State or country in which the applicant was | 7 | | born.
| 8 | | Citizenship. Whether the applicant is native born or | 9 | | naturalized. If
naturalized, the court, place and date of | 10 | | naturalization.
| 11 | | Date of application for registration, i.e., the day, month | 12 | | and year
when applicant presented himself for registration.
| 13 | | Age. Date of birth, by month, day and year.
| 14 | | Physical disability of the applicant, if any, at the time | 15 | | of
registration, which would require assistance in voting.
| 16 | | The county and state in which the applicant was last | 17 | | registered.
| 18 | | Electronic mail address, if any. | 19 | | Signature of voter. The applicant, after the registration | 20 | | and in the
presence of a deputy registrar or other officer of | 21 | | registration shall be
required to sign his or her name in ink | 22 | | or digitized form to the affidavit on the original
and | 23 | | duplicate registration record card.
| 24 | | Signature of Deputy Registrar.
| 25 | | In case applicant is unable to sign his name, he may affix | 26 | | his mark
to the affidavit. In such case the officer empowered |
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| 1 | | to give the
registration oath shall write a detailed | 2 | | description of the applicant in
the space provided at the | 3 | | bottom of the card or sheet; and shall ask the
following | 4 | | questions and record the answers thereto:
| 5 | | Father's first name .......................
| 6 | | Mother's first name .......................
| 7 | | From what address did you last register?
| 8 | | Reason for inability to sign name.
| 9 | | Each applicant for registration shall make an affidavit in
| 10 | | substantially the following form:
| 11 | | AFFIDAVIT OF REGISTRATION
| 12 | | State of Illinois)
| 13 | | )ss
| 14 | | County of )
| 15 | | I hereby swear (or affirm) that I am a citizen of the | 16 | | United States;
that on the date of the next election I shall | 17 | | have resided in the State
of Illinois and in the election | 18 | | precinct in which I reside 30 days; that
I am fully qualified | 19 | | to vote. That I intend that this location shall be
my residence | 20 | | and that the above statements are true.
| 21 | | ..............................
| 22 | | (His or her signature or mark)
| 23 | | Subscribed and sworn to before me on (insert date).
| 24 | | .........................................
| 25 | | Signature of Registration Officer.
| 26 | | (To be signed in presence of Registrant.)
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| 1 | | Space shall be provided upon the face of each registration | 2 | | record
card for the notation of the voting record of the person | 3 | | registered
thereon.
| 4 | | Each registration record card shall be numbered according | 5 | | to towns
and precincts, wards, cities and villages, as the case | 6 | | may be, and may
be serially or otherwise marked for | 7 | | identification in such manner as the
county clerk may | 8 | | determine.
| 9 | | The registration cards shall be deemed public records and | 10 | | shall be
open to inspection during regular business hours, | 11 | | except during the 27
days immediately preceding any election. | 12 | | On written request of any
candidate or objector or any person | 13 | | intending to object to a petition, the
election authority shall | 14 | | extend its hours for inspection of registration
cards and other | 15 | | records of the election authority during the period
beginning | 16 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 17 | | 28-3 and continuing through the termination of electoral board | 18 | | hearings on
any objections to petitions containing signatures | 19 | | of registered voters in
the jurisdiction of the election | 20 | | authority. The extension shall be for a
period of hours | 21 | | sufficient to allow adequate opportunity for examination of
the | 22 | | records but the election authority is not required to extend | 23 | | its hours
beyond the period beginning at its normal opening for | 24 | | business and ending
at midnight. If the business hours are so | 25 | | extended, the election authority
shall post a public notice of |
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| 1 | | such extended hours. Registration record cards
may also be | 2 | | inspected, upon approval of the officer in charge of the cards,
| 3 | | during the 27 days immediately preceding any election. | 4 | | Registration
record
cards shall also be open to inspection by | 5 | | certified judges and poll watchers
and challengers at the | 6 | | polling place on election day, but only to the extent
necessary | 7 | | to determine the question of the right of a person to vote or | 8 | | to
serve as a judge of election. At no time shall poll watchers | 9 | | or challengers be
allowed to physically handle the registration | 10 | | record cards.
| 11 | | Updated copies of computer tapes or computer discs or other | 12 | | electronic data
processing information containing voter | 13 | | registration information shall
be furnished by the county clerk | 14 | | within 10 days after December 15 and
May
15 each year and | 15 | | within 10 days after each registration
period is closed to the | 16 | | State Board of Elections in a form
prescribed by the
Board. For | 17 | | the purposes of this Section, a registration period is closed | 18 | | 27
days before the date of any regular or special election. | 19 | | Registration
information
shall include, but not be limited to, | 20 | | the
following information: name, sex, residence, telephone | 21 | | number, if any, age,
party affiliation, if applicable, | 22 | | precinct, ward, township, county, and
representative, | 23 | | legislative and congressional districts. In the event of
| 24 | | noncompliance, the State Board of Elections is directed to | 25 | | obtain compliance
forthwith with this nondiscretionary duty of | 26 | | the election authority by
instituting legal proceedings in the |
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| 1 | | circuit court of the county in which the
election authority | 2 | | maintains the registration information. The costs of
| 3 | | furnishing updated copies of tapes or discs shall be paid at a | 4 | | rate of $.00034
per name of registered voters in the election | 5 | | jurisdiction, but not less than
$50 per tape or disc and shall | 6 | | be paid from appropriations made to the State
Board of | 7 | | Elections for reimbursement to the election authority for such
| 8 | | purpose. The State Board shall furnish copies of such tapes, | 9 | | discs, other electronic
data or compilations thereof to state | 10 | | political committees registered pursuant
to the Illinois | 11 | | Campaign Finance Act or the Federal Election Campaign Act and | 12 | | to governmental entities, at
their request and at a reasonable | 13 | | cost.
To protect the privacy and confidentiality of voter | 14 | | registration information,
the disclosure
of electronic voter | 15 | | registration records to any person or entity other than to a
| 16 | | State or local political
committee and other than to a | 17 | | governmental entity for a governmental
purpose
is specifically | 18 | | prohibited except as follows: subject to security measures | 19 | | adopted by the State Board of Elections which, at a minimum, | 20 | | shall include the keeping of a catalog or database, available | 21 | | for public view, including the name, address, and telephone | 22 | | number of the person viewing the list as well as the time of | 23 | | that viewing, any person may view the centralized statewide | 24 | | voter registration list on a computer screen at the Springfield | 25 | | office of the State Board of Elections, during normal business | 26 | | hours other than during the 27 days before an election, but the |
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| 1 | | person viewing the list under this exception may not print, | 2 | | duplicate, transmit, or alter the list.
Copies of the tapes, | 3 | | discs or other
electronic data shall be furnished by the county | 4 | | clerk to local political
committees and governmental entities | 5 | | at their request and at a reasonable cost. Reasonable cost of | 6 | | the
tapes, discs, et cetera for this purpose would be the cost | 7 | | of duplication plus
15% for administration. The individual | 8 | | representing a political committee
requesting copies of such | 9 | | tapes shall make a sworn affidavit that the
information shall | 10 | | be used only for bona fide political purposes,
including by or | 11 | | for candidates for office or incumbent office holders.
Such | 12 | | tapes, discs or other electronic data shall not be used under | 13 | | any
circumstances by any political committee or individuals for | 14 | | purposes of
commercial solicitation or other business | 15 | | purposes. If such tapes
contain information on county residents | 16 | | related to the operations of
county government in addition to | 17 | | registration information, that
information shall not be used | 18 | | under any circumstances for commercial
solicitation or other | 19 | | business purposes. The prohibition in this
Section against | 20 | | using the computer tapes or computer discs or other
electronic | 21 | | data processing information containing voter registration
| 22 | | information for purposes of commercial solicitation or other | 23 | | business
purposes shall be prospective only from the effective | 24 | | date of this
amended Act of 1979. Any person who violates this | 25 | | provision shall be
guilty of a Class 4 felony.
| 26 | | The State Board of Elections shall promulgate, by October |
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| 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 |
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| 1 | | by the
county clerk to the county clerk (or election commission | 2 | | as the case may
be) where the applicant was formerly | 3 | | registered. Receipt of such
certificate shall be full authority | 4 | | for cancellation of any previous
registration.
| 5 | | (Source: P.A. 98-115, eff. 10-1-13.)
| 6 | | (10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
| 7 | | Sec. 5-28.
The original registration record cards shall | 8 | | remain permanently in
the office of the county clerk or | 9 | | election authority except as destroyed as provided in
Section | 10 | | 5-6; shall be filed alphabetically without regard to precincts;
| 11 | | and shall be known as the master file. The master file may be | 12 | | kept in a computer-based voter registration file or paper | 13 | | format, provided a secondary digital back-up is kept off site. | 14 | | The digital file shall be searchable and remain current with | 15 | | all registration activity conducted by the County Clerk or | 16 | | election authority. The duplicate registration record
cards | 17 | | shall constitute the official registry of voters for all | 18 | | elections
and shall be filed by precincts and
townships. The | 19 | | duplicate cards for use in conducting
elections shall be | 20 | | delivered to the judges of election by the county
clerk in a | 21 | | suitable binder or other device, which shall be locked and
| 22 | | sealed in accordance with the directions to be given by the | 23 | | county clerk
and shall also be suitably indexed for convenient | 24 | | use by the precinct
officers. The precinct files shall be | 25 | | delivered to the judges of
election for use at the polls for |
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| 1 | | elections at the same
time as the official ballots are | 2 | | delivered to them, and shall be
returned to the county clerk by | 3 | | the judges of election within the time
provided for the return | 4 | | of the official ballots. The county clerk shall
determine the | 5 | | manner of return and delivery of such file.
| 6 | | (Source: P.A. 80-1469 .)
| 7 | | (10 ILCS 5/5-43)
| 8 | | Sec. 5-43. Computerization of voter records.
| 9 | | (a) The State Board of Elections shall design a | 10 | | registration record card
that, except as otherwise provided in | 11 | | this Section, shall be used in duplicate
by all election | 12 | | authorities in the State adopting a computer-based voter
| 13 | | registration file as provided in this Section. The Board shall | 14 | | prescribe the
form
and specifications, including but not | 15 | | limited to the weight of paper, color,
and print of the cards. | 16 | | The cards shall contain boxes or spaces for the
information | 17 | | required under Sections 5-7 and 5-28.1; provided that
the cards | 18 | | shall also contain: (i) A space for the person to fill in his | 19 | | or
her Illinois driver's license number if the person has a | 20 | | driver's license; (ii)
A space for a person without a driver's | 21 | | license to fill in the last four digits
of his or her social | 22 | | security number if the person has a social security
number.
| 23 | | (b) The election authority may develop and implement a | 24 | | system to
prepare,
use, and maintain a computer-based voter | 25 | | registration file that includes a
computer-stored image of the |
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|
| 1 | | signature of each voter. The computer-based voter
registration | 2 | | file may be used for all purposes for which the original
| 3 | | registration cards are to be used , provided that a system for | 4 | | the storage of at
least one copy of the original registration | 5 | | cards remains in effect . In the case of voter registration | 6 | | forms received via an online voter registration system, the | 7 | | original registration cards will include the signature | 8 | | received from the Secretary of State database. The
electronic | 9 | | file shall be the master file.
| 10 | | (b-2) The election authority may develop and implement a | 11 | | system to maintain registration cards in digital form using | 12 | | digitized signatures, which may be stored in a computer-based | 13 | | voter registration file under subsection (b) of this Section. | 14 | | The making and signing of any form, including an application to | 15 | | register and a certificate authorizing cancellation of a | 16 | | registration or authorizing a transfer of registration may be | 17 | | by a signature written in ink or by a digitized signature. | 18 | | (c) Any system created, used, and maintained under | 19 | | subsection
(b) of this
Section shall meet the following | 20 | | standards:
| 21 | | (1) Access to any computer-based voter registration | 22 | | file shall be limited
to those persons authorized by the | 23 | | election authority, and each access to the
computer-based | 24 | | voter registration file, other than an access solely for
| 25 | | inquiry, shall be recorded.
| 26 | | (2) No copy, summary, list, abstract, or index of any |
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| 1 | | computer-based voter
registration file that includes any | 2 | | computer-stored image of the signature of
any registered | 3 | | voter shall be made available to the public outside of the
| 4 | | offices of the election authority.
| 5 | | (3) Any copy, summary, list, abstract, or index of any | 6 | | computer-based
voter
registration file that includes a | 7 | | computer-stored image of the signature of a
registered | 8 | | voter shall be produced in such a manner that it cannot be
| 9 | | reproduced.
| 10 | | (4) Each person desiring to vote shall sign an | 11 | | application for a ballot,
and the signature comparison | 12 | | authorized in Articles 17 and 18 of this Code may
be made | 13 | | to a copy of the computer-stored image of the signature of | 14 | | the
registered voter.
| 15 | | (5) Any voter list produced from a computer-based voter | 16 | | registration file
that includes computer-stored images of | 17 | | the signatures of registered voters and
is used in a | 18 | | polling place during an election shall be preserved by the
| 19 | | election authority in secure storage until the end of the | 20 | | second calendar year
following the election in which it was | 21 | | used.
| 22 | | (d) Before the first election in which the election | 23 | | authority
elects to use
a voter list produced from the | 24 | | computer-stored images of the signatures of
registered voters | 25 | | in a computer-based voter registration file for signature
| 26 | | comparison in a polling place, the State Board of Elections |
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| 1 | | shall certify that
the system used by the election authority | 2 | | complies with the standards set forth
in this Section. The | 3 | | State Board of Elections may request a sample poll list
| 4 | | intended to be used in a polling place to test the accuracy of | 5 | | the list and the
adequacy of the computer-stored images of the | 6 | | signatures of the registered
voters.
| 7 | | (e) With respect to a jurisdiction that has copied all of | 8 | | its
voter
signatures into a computer-based registration file, | 9 | | all references in this Act
or any other Act to the use, other | 10 | | than storage, of paper-based voter
registration records shall | 11 | | be deemed to refer to their computer-based
equivalents.
| 12 | | (f) Nothing in this Section prevents an election authority | 13 | | from
submitting to the State Board of Elections a duplicate | 14 | | copy of some, as the
State Board of Elections shall determine, | 15 | | or all of the data contained in each
voter registration record | 16 | | that is part of the electronic master file. The
duplicate copy | 17 | | of the registration record shall be maintained by the State
| 18 | | Board of Elections under the same terms and limitations | 19 | | applicable to the
election authority and shall be of equal | 20 | | legal dignity with the original
registration record maintained | 21 | | by the election authority as proof of any fact
contained in the | 22 | | voter registration record.
| 23 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 24 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| 25 | | Sec. 6-35. The Boards of Election Commissioners shall |
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| 1 | | provide a
sufficient number of blank forms for the registration | 2 | | of electors which
shall be known as registration record cards | 3 | | and which shall consist of
loose leaf sheets or cards, of | 4 | | suitable size to contain in plain writing
and figures the data | 5 | | hereinafter required thereon or shall consist of computer
cards | 6 | | of suitable nature to contain the data required thereon. The | 7 | | registration
record cards, which shall include an affidavit of | 8 | | registration as
hereinafter provided, shall be executed in | 9 | | duplicate. The duplicate of
which may be a carbon copy of the | 10 | | original or a copy of the original
made by the use of other | 11 | | method or material used for making simultaneous
true copies or | 12 | | duplications.
| 13 | | The registration record card shall contain the following | 14 | | and such
other information as the Board of Election | 15 | | Commissioners may think it
proper to require for the | 16 | | identification of the applicant for
registration:
| 17 | | Name. The name of the applicant, giving surname and first | 18 | | or
Christian name in full, and the middle name or the initial | 19 | | for such
middle name, if any.
| 20 | | Sex.
| 21 | | Residence. The name and number of the street, avenue, or | 22 | | other
location of the dwelling, including the apartment, unit | 23 | | or room number,
if any, and in the case of a mobile home the lot | 24 | | number, and such additional
clear and definite description as | 25 | | may be necessary to determine the exact
location of the | 26 | | dwelling of the applicant, including post-office mailing
|
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| 1 | | address. In the case of a homeless individual, the individual's | 2 | | voting
residence that is his or her mailing address shall be | 3 | | included on his or her
registration record card.
| 4 | | Term of residence in the State of Illinois and the | 5 | | precinct.
| 6 | | Nativity. The state or country in which the applicant was | 7 | | born.
| 8 | | Citizenship. Whether the applicant is native born or | 9 | | naturalized. If
naturalized, the court, place, and date of | 10 | | naturalization.
| 11 | | Date of application for registration, i.e., the day, month | 12 | | and year
when the applicant presented himself for registration.
| 13 | | Age. Date of birth, by month, day and year.
| 14 | | Physical disability of the applicant, if any, at the time | 15 | | of
registration, which would require assistance in voting.
| 16 | | The county and state in which the applicant was last | 17 | | registered.
| 18 | | Electronic mail address, if any. | 19 | | Signature of voter. The applicant, after registration and | 20 | | in the
presence of a deputy registrar or other officer of | 21 | | registration shall be
required to sign his or her name in ink | 22 | | or digitized form to the affidavit on both the
original and the | 23 | | duplicate registration record card.
| 24 | | Signature of deputy registrar.
| 25 | | In case applicant is unable to sign his name, he may affix | 26 | | his mark
to the affidavit. In such case the registration |
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| 1 | | officer shall write a
detailed description of the applicant in | 2 | | the space provided at the
bottom of the card or sheet; and | 3 | | shall ask the following questions and
record the answers | 4 | | thereto:
| 5 | | Father's first name .........................
| 6 | | Mother's first name .........................
| 7 | | From what address did you last register? ....
| 8 | | Reason for inability to sign name ...........
| 9 | | Each applicant for registration shall make an affidavit in
| 10 | | substantially the following form:
| 11 | | AFFIDAVIT OF REGISTRATION
| 12 | | State of Illinois )
| 13 | | )ss
| 14 | | County of ....... )
| 15 | | I hereby swear (or affirm) that I am a citizen of the | 16 | | United States,
that on the day of the next election I shall | 17 | | have resided in the State
of Illinois and in the election | 18 | | precinct 30 days and that I intend that
this location is my | 19 | | residence; that I am fully qualified to
vote, and that the | 20 | | above statements are true.
| 21 | | ..............................
| 22 | | (His or her signature or mark)
| 23 | | Subscribed and sworn to before me on (insert date).
| 24 | | ......................................
| 25 | | Signature of registration officer
| 26 | | (to be signed in presence of registrant).
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| 1 | | Space shall be provided upon the face of each registration | 2 | | record
card for the notation of the voting record of the person | 3 | | registered
thereon.
| 4 | | Each registration record card shall be numbered according | 5 | | to wards or
precincts, as the case may be, and may be serially | 6 | | or otherwise marked
for identification in such manner as the | 7 | | Board of Election Commissioners
may determine.
| 8 | | The registration cards shall be deemed public records and | 9 | | shall be
open to inspection during regular business hours, | 10 | | except during the 27
days immediately preceding any election. | 11 | | On written request of any
candidate or objector or any person | 12 | | intending to object to a petition, the
election authority shall | 13 | | extend its hours for inspection of registration
cards and other | 14 | | records of the election authority during the period
beginning | 15 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| 16 | | 28-3 and continuing through the termination of electoral board | 17 | | hearings on
any objections to petitions containing signatures | 18 | | of registered voters in
the jurisdiction of the election | 19 | | authority. The extension shall be for a
period of hours | 20 | | sufficient to allow adequate opportunity for examination of
the | 21 | | records but the election authority is not required to extend | 22 | | its hours
beyond the period beginning at its normal opening for | 23 | | business and ending
at midnight. If the business hours are so | 24 | | extended, the election authority
shall post a public notice of | 25 | | such extended hours. Registration record cards
may also be | 26 | | inspected, upon approval of the officer in charge of the cards,
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| 1 | | during the 27 days immediately preceding any election. | 2 | | Registration
record
cards shall also be open to inspection by | 3 | | certified judges and poll watchers
and challengers at the | 4 | | polling place on election day, but only to the extent
necessary | 5 | | to determine the question of the right of a person to vote or | 6 | | to
serve as a judge of election. At no time shall poll watchers | 7 | | or challengers be
allowed to physically handle the registration | 8 | | record cards.
| 9 | | Updated copies of computer tapes or computer discs or other | 10 | | electronic data
processing information containing voter | 11 | | registration information shall
be furnished by the Board of | 12 | | Election Commissioners within 10 days after
December 15 and May | 13 | | 15 each year and within 10
days after each registration period | 14 | | is closed to the State Board
of Elections in a
form prescribed | 15 | | by the State Board. For the purposes of this Section, a
| 16 | | registration period is closed 27 days before the date of any | 17 | | regular
or special
election. Registration information shall
| 18 | | include, but not be limited to, the following information: | 19 | | name, sex,
residence, telephone number, if any, age, party | 20 | | affiliation, if
applicable, precinct, ward, township, county, | 21 | | and representative,
legislative and congressional districts. | 22 | | In the event of noncompliance,
the State Board of Elections is | 23 | | directed to obtain compliance forthwith
with this | 24 | | nondiscretionary duty of the election authority by instituting
| 25 | | legal proceedings in the circuit court of the county in which | 26 | | the election
authority maintains the registration information. |
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| 1 | | The costs of furnishing
updated copies of tapes or discs shall | 2 | | be paid at a rate of $.00034
per name of registered voters in | 3 | | the election jurisdiction, but not less
than $50 per tape or | 4 | | disc and shall be paid from appropriations made to the
State | 5 | | Board of Elections for reimbursement to the election authority | 6 | | for
such purpose. The State Board shall furnish copies of such | 7 | | tapes, discs,
other electronic data or compilations thereof to | 8 | | state political committees
registered pursuant to the Illinois | 9 | | Campaign Finance Act or the Federal
Election Campaign Act and | 10 | | to governmental entities, at their request and at a reasonable | 11 | | cost.
To protect the privacy and confidentiality of voter | 12 | | registration information,
the disclosure
of electronic voter | 13 | | registration records to any person or entity other than to a
| 14 | | State or local political
committee and other than to a | 15 | | governmental entity for a governmental
purpose is specifically | 16 | | prohibited except as follows: subject to security measures | 17 | | adopted by the State Board of Elections which, at a minimum, | 18 | | shall include the keeping of a catalog or database, available | 19 | | for public view, including the name, address, and telephone | 20 | | number of the person viewing the list as well as the time of | 21 | | that viewing, any person may view the centralized statewide | 22 | | voter registration list on a computer screen at the Springfield | 23 | | office of the State Board of Elections, during normal business | 24 | | hours other than during the 27 days before an election, but the | 25 | | person viewing the list under this exception may not print, | 26 | | duplicate, transmit, or alter the list.
Copies of the
tapes, |
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| 1 | | discs or other electronic data shall be furnished by the Board | 2 | | of
Election Commissioners to local political committees and | 3 | | governmental entities at their request and at a
reasonable | 4 | | cost. Reasonable cost of the tapes, discs, et cetera for
this | 5 | | purpose would be the cost of duplication plus 15% for
| 6 | | administration. The individual representing a political | 7 | | committee
requesting copies of such tapes shall make a sworn | 8 | | affidavit that the
information shall be used only for bona fide | 9 | | political purposes,
including by or for candidates for office | 10 | | or incumbent office holders.
Such tapes, discs or other | 11 | | electronic data shall not be used under any
circumstances by | 12 | | any political committee or individuals for purposes of
| 13 | | commercial solicitation or other business purposes. If such | 14 | | tapes
contain information on county residents related to the | 15 | | operations of
county government in addition to registration | 16 | | information, that
information shall not be used under any | 17 | | circumstances for commercial
solicitation or other business | 18 | | purposes. The prohibition in this
Section against using the | 19 | | computer tapes or computer discs or other
electronic data | 20 | | processing information containing voter registration
| 21 | | information for purposes of commercial solicitation or other | 22 | | business
purposes shall be prospective only from the effective | 23 | | date of this
amended Act of 1979. Any person who violates this | 24 | | provision shall be
guilty of a Class 4 felony.
| 25 | | The State Board of Elections shall promulgate, by October | 26 | | 1, 1987, such
regulations as may be necessary to ensure |
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| 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 |
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| 1 | | by the clerk
of the Election Commission to the county clerk, | 2 | | (or Election Commission
as the case may be) where the applicant | 3 | | was formerly registered. Receipt
of such certificate shall be | 4 | | full authority for cancellation of any
previous registration.
| 5 | | (Source: P.A. 98-115, eff. 10-1-13.)
| 6 | | (10 ILCS 5/6-65) (from Ch. 46, par. 6-65)
| 7 | | Sec. 6-65.
| 8 | | The duplicate registration record cards shall remain | 9 | | permanently in the
office of the Board of Election | 10 | | Commissioners; shall be filed
alphabetically without regard to | 11 | | wards or precincts; and shall be known as
the master file. The | 12 | | master file may be kept in a computer-based voter registration | 13 | | file or paper format, provided a secondary digital back-up is | 14 | | kept off site. The digital file shall be searchable and remain | 15 | | current with all registration activity conducted by the Board | 16 | | of Election Commissioners. The original registration record | 17 | | cards shall constitute
the official precinct registry of | 18 | | voters; shall be filed by wards and
precincts; and shall be | 19 | | known as the precinct file. The original cards
shall be | 20 | | delivered to the judges of election by the Board of Election
| 21 | | Commissioners in a suitable binder or other device, which shall | 22 | | be locked
and sealed in accordance with directions to be given | 23 | | by the Board of
Election Commissioners and shall also be | 24 | | suitably indexed for convenient
use by the precinct officers. | 25 | | The precinct files shall be delivered to the
precinct officers |
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| 1 | | for use at the polls, on the day of election and shall be
| 2 | | returned to the Board of Election Commissioners immediately | 3 | | after the close
of the polls. The board shall determine by | 4 | | rules the manner of delivery and
return to such file. At all | 5 | | other times the precinct file shall be retained
at the office | 6 | | of the Board of Election Commissioners except for such use of
| 7 | | it as may be made under this Article with respect to | 8 | | registration not at
the office of the Board of Election | 9 | | Commissioners.
| 10 | | (Source: P.A. 78-934.)
| 11 | | (10 ILCS 5/6-79)
| 12 | | Sec. 6-79. Computerization of voter records.
| 13 | | (a) The State Board of Elections shall design a | 14 | | registration record card
that, except as otherwise provided in | 15 | | this Section, shall be used in duplicate
by all election | 16 | | authorities in the State adopting a computer-based voter
| 17 | | registration file as provided in this Section. The Board shall | 18 | | prescribe the
form
and specifications, including but not | 19 | | limited to the weight of paper, color,
and print of the cards. | 20 | | The cards shall contain boxes or spaces for the
information | 21 | | required under Sections 6-31.1 and 6-35; provided
that
the | 22 | | cards shall also contain: (i) A space for the person to fill in | 23 | | his or
her Illinois driver's license number if the person has a | 24 | | driver's license; (ii)
A space for a person without a driver's | 25 | | license to fill in the last four digits
of his or her social |
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| 1 | | security number if the person has a social security
number.
| 2 | | (b) The election authority may develop and implement a | 3 | | system to
prepare,
use, and maintain a computer-based voter | 4 | | registration file that includes a
computer-stored image of the | 5 | | signature of each voter. The computer-based voter
registration | 6 | | file may be used for all purposes for which the original
| 7 | | registration cards are to be used , provided that a system for | 8 | | the storage of at
least one copy of the original registration | 9 | | cards remains in effect .
In the case of voter registration | 10 | | forms received via an online voter registration system, the | 11 | | original registration cards will include the signature | 12 | | received from the Secretary of State database. The electronic | 13 | | file shall be the master file.
| 14 | | (b-2) The election authority may develop and implement a | 15 | | system to maintain registration cards in digital form using | 16 | | digitized signatures, which may be stored in a computer-based | 17 | | voter registration file under subsection (b) of this Section. | 18 | | The making and signing of any form, including an application to | 19 | | register and a certificate authorizing cancellation of a | 20 | | registration or authorizing a transfer of registration may be | 21 | | by a signature written in ink or by a digitized signature. | 22 | | (c) Any system created, used, and maintained under | 23 | | subsection
(b) of this
Section shall meet the following | 24 | | standards:
| 25 | | (1) Access to any computer-based voter registration | 26 | | file shall be limited
to those persons authorized by the |
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| 1 | | election authority, and each access to the
computer-based | 2 | | voter registration file, other than an access solely for
| 3 | | inquiry, shall be recorded.
| 4 | | (2) No copy, summary, list, abstract, or index of any | 5 | | computer-based voter
registration file that includes any | 6 | | computer-stored image of the signature of
any registered | 7 | | voter shall be made available to the public outside of the
| 8 | | offices of the election authority.
| 9 | | (3) Any copy, summary, list, abstract, or index of any | 10 | | computer-based
voter
registration file that includes a | 11 | | computer-stored image of the signature of a
registered | 12 | | voter shall be produced in such a manner that it cannot be
| 13 | | reproduced.
| 14 | | (4) Each person desiring to vote shall sign an | 15 | | application for a ballot,
and the signature comparison | 16 | | authorized in Articles 17 and 18 of this Code may
be made | 17 | | to a copy of the computer-stored image of the signature of | 18 | | the
registered voter.
| 19 | | (5) Any voter list produced from a computer-based voter | 20 | | registration file
that includes computer-stored images of | 21 | | the signatures of registered voters and
is used in a | 22 | | polling place during an election shall be preserved by the
| 23 | | election authority in secure storage until the end of the | 24 | | second calendar year
following the election in which it was | 25 | | used.
| 26 | | (d) Before the first election in which the election |
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| 1 | | authority
elects to use
a voter list produced from the | 2 | | computer-stored images of the signatures of
registered voters | 3 | | in a computer-based voter registration file for signature
| 4 | | comparison in a polling place, the State Board of Elections | 5 | | shall certify that
the system used by the election authority | 6 | | complies with the standards set forth
in this Section. The | 7 | | State Board of Elections may request a sample poll list
| 8 | | intended to be used in a polling place to test the accuracy of | 9 | | the list and the
adequacy of the computer-stored images of the | 10 | | signatures of the registered
voters.
| 11 | | (e) With respect to a jurisdiction that has copied all of | 12 | | its
voter
signatures into a computer-based registration file, | 13 | | all references in this Act
or any other Act to the use, other | 14 | | than storage, of paper-based voter
registration records shall | 15 | | be deemed to refer to their computer-based
equivalents.
| 16 | | (f) Nothing in this Section prevents an election authority | 17 | | from
submitting to the State Board of Elections a duplicate | 18 | | copy of some, as the
State Board of Elections shall determine, | 19 | | or all of the data contained in each
voter registration record | 20 | | that is part of the electronic master file. The
duplicate copy | 21 | | of the registration record shall be maintained by the State
| 22 | | Board of Elections under the same terms and limitations | 23 | | applicable to the
election authority and shall be of equal | 24 | | legal dignity with the original
registration record maintained | 25 | | by the election authority as proof of any fact
contained in the | 26 | | voter registration record.
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| 1 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 2 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 3 | | Sec. 20-8. Time and place of counting ballots. | 4 | | (a) (Blank.) | 5 | | (b) Each vote by mail voter's ballot returned to an | 6 | | election authority, by any means authorized by this Article, | 7 | | and received by that election authority may be processed by the | 8 | | election authority beginning on the 15th day before election | 9 | | day it is received by the election authority in the central | 10 | | ballot counting location of the election authority, but the | 11 | | results of the processing may not be counted until the day of | 12 | | the election after 7:00 p.m., except as provided in subsections | 13 | | (g) and (g-5).
| 14 | | (c) Each vote by mail voter's ballot that is mailed to an | 15 | | election authority and postmarked no later than election day, | 16 | | but that is received by the election authority after the polls | 17 | | close on election day and before the close of the period for | 18 | | counting provisional ballots cast at that election, shall be | 19 | | endorsed by the receiving authority with the day and hour of | 20 | | receipt and shall be counted at the central ballot counting | 21 | | location of the election authority during the period for | 22 | | counting provisional ballots. | 23 | | Each vote by mail voter's ballot that is mailed to an | 24 | | election authority absent a postmark, but that is received by | 25 | | the election authority after the polls close on election day |
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| 1 | | and before the close of the period for counting provisional | 2 | | ballots cast at that election, shall be endorsed by the | 3 | | receiving authority with the day and hour of receipt, opened to | 4 | | inspect the date inserted on the certification, and, if the | 5 | | certification date is a date preceding the election day and the | 6 | | ballot is otherwise found to be valid under the requirements of | 7 | | this Section, counted at the central ballot counting location | 8 | | of the election authority during the period for counting | 9 | | provisional ballots. Absent a date on the certification, the | 10 | | ballot shall not be counted.
| 11 | | (d) Special write-in vote by mail voter's blank ballots | 12 | | returned to an election authority, by any means authorized by | 13 | | this Article, and received by the election authority at any | 14 | | time before the closing of the polls on election day shall be | 15 | | endorsed by the receiving election authority with the day and | 16 | | hour of receipt and shall be counted at the central ballot | 17 | | counting location of the election authority during the same | 18 | | period provided for counting vote by mail voters' ballots under | 19 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 20 | | voter's blank ballot that are mailed to an election authority | 21 | | and postmarked by midnight preceding the opening of the polls | 22 | | on election day, but that are received by the election | 23 | | authority after the polls close on election day and before the | 24 | | closing of the period for counting provisional ballots cast at | 25 | | that election, shall be endorsed by the receiving authority | 26 | | with the day and hour of receipt and shall be counted at the |
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| 1 | | central ballot counting location of the election authority | 2 | | during the same periods provided for counting vote by mail | 3 | | voters' ballots under subsection (c).
| 4 | | (e) Except as otherwise provided in this Section, vote by | 5 | | mail voters' ballots and special write-in vote by mail voter's | 6 | | blank ballots received by the election authority after the | 7 | | closing of the polls on the day of election shall be
endorsed | 8 | | by the person receiving the ballots with the day and hour of
| 9 | | receipt and shall be safely kept unopened by the election | 10 | | authority for
the period of time required for the preservation | 11 | | of ballots used at the
election, and shall then, without being | 12 | | opened, be destroyed in like
manner as the used ballots of that | 13 | | election.
| 14 | | (f) Counting required under this Section to begin on | 15 | | election day after the closing of the polls shall commence no | 16 | | later than 8:00 p.m. and shall be conducted
by a panel or | 17 | | panels of election judges appointed in the manner provided
by | 18 | | law. The counting shall continue until all vote by mail voters' | 19 | | ballots and special write-in vote by mail voter's blank ballots | 20 | | required to be counted on election day have been counted.
| 21 | | (g) The procedures set forth in Articles 17 and
18 of this | 22 | | Code shall apply to all ballots counted under
this Section. In | 23 | | addition, within 2 days after a ballot subject to this Article | 24 | | is received, but in all cases before the close of the period | 25 | | for counting provisional ballots, the election judge or | 26 | | official shall compare the voter's signature on the |
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| 1 | | certification envelope of that ballot with the signature of the | 2 | | voter on file in the office of the election authority. If the | 3 | | election judge or official determines that the 2 signatures | 4 | | match, and that the voter is otherwise qualified to cast a | 5 | | ballot under this Article, the election authority shall cast | 6 | | and count the ballot on election day or the day the ballot is | 7 | | determined to be valid, whichever is later, adding the results | 8 | | to the precinct in which the voter is registered. If the | 9 | | election judge or official determines that the signatures do | 10 | | not match, or that the voter is not qualified to cast a ballot | 11 | | under this Article, then without opening the certification | 12 | | envelope, the judge or official shall mark across the face of | 13 | | the certification envelope the word "Rejected" and shall not | 14 | | cast or count the ballot. | 15 | | In addition to the voter's signatures not matching, a | 16 | | ballot subject to this Article may be rejected by the election | 17 | | judge or official: | 18 | | (1) if the ballot envelope is open or has been opened | 19 | | and resealed; | 20 | | (2) if the voter has already cast an early or grace | 21 | | period ballot; | 22 | | (3) if the voter voted in person on election day or the | 23 | | voter is not a duly registered voter in the precinct; or | 24 | | (4) on any other basis set forth in this Code. | 25 | | If the election judge or official determines that any of | 26 | | these reasons apply, the judge or official shall mark across |
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| 1 | | the face of the certification envelope the word "Rejected" and | 2 | | shall not cast or count the ballot. | 3 | | (g-5) If a ballot subject to this Article is rejected by | 4 | | the election judge or official for any reason, the election | 5 | | authority shall, within 2 days after the rejection but in all | 6 | | cases before the close of the period for counting provisional | 7 | | ballots, notify the voter that his or her ballot was rejected. | 8 | | The notice shall inform the voter of the reason or reasons the | 9 | | ballot was rejected and shall state that the voter may appear | 10 | | before the election authority, on or before the 14th day after | 11 | | the election, to show cause as to why the ballot should not be | 12 | | rejected. The voter may present evidence to the election | 13 | | authority supporting his or her contention that the ballot | 14 | | should be counted. The election authority shall appoint a panel | 15 | | of 3 election judges to review the contested ballot, | 16 | | application, and certification envelope, as well as any | 17 | | evidence submitted by the vote by mail voter. No more than 2 | 18 | | election judges on the reviewing panel shall be of the same | 19 | | political party. The reviewing panel of election judges shall | 20 | | make a final determination as to the validity of the contested | 21 | | ballot. The judges' determination shall not be reviewable | 22 | | either administratively or judicially. | 23 | | A ballot subject to this subsection that is determined to | 24 | | be valid shall be counted before the close of the period for | 25 | | counting provisional ballots. | 26 | | (g-10) All ballots determined to be valid shall be added to |
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| 1 | | the vote totals for the precincts for which they were cast in | 2 | | the order in which the ballots were opened.
| 3 | | (h) Each political party,
candidate, and qualified civic | 4 | | organization shall be entitled to have
present one pollwatcher | 5 | | for each panel of election judges therein assigned.
| 6 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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