Full Text of HB6177 99th General Assembly
HB6177 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6177 Introduced 2/11/2016, by Rep. Ron Sandack SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/29-5 | from Ch. 46, par. 29-5 | 10 ILCS 5/29-10 | from Ch. 46, par. 29-10 |
|
Amends the Election Code. Provides that any person who knowingly files an application to vote, accepts a ballot, or enters a voting machine on more than one occasion on the same election day where the ballot or machine lists any of the same candidates and issues (except to legally give assistance, to replace a spoiled or rejected ballot, or at the direction of a judge of elections), shall be guilty of a Class 3 felony. Provides that any person who knowingly makes a false statement, material to the issue or point in question, in any affidavit, certificate or sworn oral declaration required by any provision of the Code shall be guilty of a Class 3 felony. Provides that an indictment or information for perjury alleging that the offender has knowingly made contradictory statements, material to the issue or point in question, in affidavits, certificates, or sworn oral declarations required by any provision of the Code, need not specify which statement is false. Provides that at the trial, the prosecution need not establish which statement is false. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB6177 | | LRB099 18903 MGM 43290 b |
|
| 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 29-5 and 29-10 as follows:
| 6 | | (10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
| 7 | | Sec. 29-5. Voting more than once. Any person who , having | 8 | | voted once, knowingly files an application to vote, accepts a | 9 | | ballot, or enters a voting machine on more than one occasion on | 10 | | the same election day
where the ballot or machine lists any of | 11 | | the same candidates and issues
listed on the ballot or machine | 12 | | previously used for voting by that person,
(a) files an | 13 | | application to vote in the same or another polling place, or
| 14 | | (b) accepts a ballot or enters a voting machine (except to | 15 | | legally give
assistance , to replace a spoiled or rejected | 16 | | ballot, or at the direction of a judge of elections pursuant to | 17 | | the provisions of this Code), shall be guilty of a
Class 3 | 18 | | felony; however, if a person has delivered a ballot or ballots | 19 | | to
an election authority as a vote by mail voter and due to a | 20 | | change of
circumstances is able to and does vote in the | 21 | | precinct of his residence on
election day, shall not be deemed | 22 | | to be in violation of this Code. A violation of this Section | 23 | | may be prosecuted in any county where an element of the offense |
| | | HB6177 | - 2 - | LRB099 18903 MGM 43290 b |
|
| 1 | | was committed.
| 2 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 3 | | (10 ILCS 5/29-10) (from Ch. 46, par. 29-10)
| 4 | | Sec. 29-10. Perjury. | 5 | | (a)
Any person who knowingly makes a false statement, | 6 | | material to the issue or point
in question, which he does not | 7 | | believe to be true, in any affidavit,
certificate or sworn oral | 8 | | declaration required by any provision of this
Code shall be | 9 | | guilty of a Class 3 felony.
| 10 | | (b) Any person who is convicted of violating this Section | 11 | | shall be ineligible
for public employment for a period of 5 | 12 | | years immediately following the
completion of his sentence. For | 13 | | the purpose of this subsection, "public
employment" shall mean | 14 | | any elected or appointed office created by the Constitution
or | 15 | | laws of this State, or any ordinance of a unit of local | 16 | | government.
"Public employment" shall also include any | 17 | | position as an employee of the
State of Illinois, or a unit of | 18 | | local government or school district.
| 19 | | (c) An indictment or information for perjury under this | 20 | | Section alleging that the offender has knowingly made | 21 | | contradictory statements, material to the issue or point in | 22 | | question, in affidavits, certificates, or sworn oral | 23 | | declarations required by any provision of this Code, need not | 24 | | specify which statement is false. At the trial, the prosecution | 25 | | need not establish which statement is false. |
| | | HB6177 | - 3 - | LRB099 18903 MGM 43290 b |
|
| 1 | | (Source: P.A. 83-1097.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|