State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ House Amendment 002 ]

90_HB3181

      10 ILCS 5/3-1             from Ch. 46, par. 3-1
      10 ILCS 5/3-1.2           from Ch. 46, par. 3-1.2
      10 ILCS 5/17-10           from Ch. 46, par. 17-10
          Amends  the  Election  Code.    Entitles   an   otherwise
      qualified person to vote and sign petitions who has not moved
      but  whose  address  has  changed  since  his  or  her  voter
      registration  due  to  implementation  of  a  9-1-1 emergency
      telephone system.
                                                     LRB9009891JMcd
                                               LRB9009891JMcd
 1        AN ACT to amend the Election Code  by  changing  Sections
 2    3-1, 3-1.2, and 17-10.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Sections 3-1, 3-1.2, and 17-10 as follows:
 7        (10 ILCS 5/3-1) (from Ch. 46, par. 3-1)
 8        Sec.  3-1.   Every  person  (i) who has having resided in
 9    this  State  and  in  the  election  district  30  days  next
10    preceding any election therein, or (ii) who  has  resided  in
11    and  is registered to vote from the election district 30 days
12    next preceding any election therein and has moved to  another
13    election  district  in this State within said 30 days and has
14    made and subscribed to the affidavit  provided  in  paragraph
15    (b) of Section 17-10 of this Act, or (iii) who has resided in
16    and  is registered to vote from the election district 30 days
17    next preceding any election therein  and  has  not  moved  to
18    another  residence  but whose address has changed as a result
19    of implementation of a 9-1-1 emergency telephone  system  and
20    has   made  and  subscribed  to  the  affidavit  provided  in
21    subsection (a) of Section 17-10, and who is a citizen of  the
22    United  States, of the age of 18 or more years is entitled to
23    vote  at  such  election  for  all   offices   and   on   all
24    propositions.    Any   military   establishment   within  the
25    boundaries of Illinois is "in this  State"  even  though  the
26    government   of   the   United   States  may  have  exclusive
27    jurisdiction over such establishment.
28    (Source: P.A. 81-1060.)
29        (10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
30        Sec. 3-1.2.  For the purpose of  determining  eligibility
                            -2-                LRB9009891JMcd
 1    to  sign  a  nominating  petition  or  a petition proposing a
 2    public  question  the  terms  "voter",  "registered   voter",
 3    "qualified   voter",  "legal  voter",  "elector",  "qualified
 4    elector", "primary elector" and "qualified  primary  elector"
 5    as  used  in  this  Code  or  in another Statute shall mean a
 6    person who  is  registered  to  vote  at  the  address  shown
 7    opposite  his  signature on the petition or was registered to
 8    vote at such address when he signed the petition. Any person,
 9    otherwise qualified under this Section, who has not moved  to
10    another  residence  but whose address has changed as a result
11    of implementation of a 9-1-1 emergency telephone system shall
12    be  considered  a  "voter",  "registered  voter",  "qualified
13    voter",  "legal  voter",  "elector",   "qualified   elector",
14    "primary elector", and "qualified primary elector".
15    (Source: P.A. 83-999.)
16        (10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
17        Sec.  17-10.   (a)  Whenever,  at  any  election,  in any
18    precinct, any person offering to vote is not personally known
19    to the judges of election to have the qualifications required
20    in this Act, if his vote is challenged by a  legal  voter  at
21    such  election,  he  or  she  shall  make  and  subscribe  an
22    affidavit,  in the following form, which shall be retained by
23    the judges of election, and returned by them affixed  to  the
24    poll books or with the official poll record:
25    State of Illinois)
26                     )ss.
27    County of .......)
28        I,...., do solemnly swear (or affirm) that I am a citizen
29    of the United States; that I am 18 years of age or over; that
30    I have resided in this State and in this election district 30
31    days  next  preceding this election; that I have not voted at
32    this election; that I am a  duly  qualified  voter  in  every
33    respect; that I now reside at (here give the particular house
                            -3-                LRB9009891JMcd
 1    or  place of residence, and, if in a town or city, the street
 2    and  number),  in  this  election  district;  *1.    that   I
 3    registered  to vote from said address; *2.  that I changed my
 4    residence to the above address from ...., both of  which  are
 5    in  this  election  district; *3. that I changed my name from
 6    .... to that which I have signed below; *4.  that I have  not
 7    changed  my  residence but my address has changed as a result
 8    of implementation of a 9-1-1 emergency telephone system.
 9        So help me God, (or "This I  do  solemnly  and  sincerely
10    affirm", as the case may be).
11                                        .........................
12        Subscribed and sworn to before me this ....  day of ....,
13    19...
14                                        .........................
15        *1.  If registration is not required, draw a line through
16    1 above.
17        *2.  Fill  in  the  blank ONLY if you have moved within 2
18    years.
19        *3.  Fill in the blank ONLY if you have changed your name
20    within 2 years.
21        *4.  Fill in the blank ONLY if you have not changed  your
22    residence  but  your  address  has  changed  as  a  result of
23    implementation of a 9-1-1 emergency telephone system.
24        In  addition  to  such  an  affidavit,  the   person   so
25    challenged  shall  provide to the judges of election proof of
26    residence by producing two forms  of  identification  showing
27    the  person's  current  residence address, provided that such
28    identification may include not more than one  piece  of  mail
29    addressed  to the person at his current residence address and
30    postmarked not earlier than 30 days prior to the date of  the
31    election,  or  the  person shall procure a witness personally
32    known to the judges of election, and resident in the precinct
33    (or district), or who shall be proved by some legal voter  of
34    such  precinct  or  district, known to the judges to be such,
                            -4-                LRB9009891JMcd
 1    who shall take the oath following, viz:
 2        I do solemnly swear (or affirm) that I am a  resident  of
 3    this election precinct (or district), and entitled to vote at
 4    this  election, and that I have been a resident of this State
 5    for 30 days last past, and am well acquainted with the person
 6    whose vote is now offered; that he is an actual and bona fide
 7    resident of this election precinct  (or  district),  and  has
 8    resided  herein  30  days,  and  as I verily believe, in this
 9    State, 30 days next preceding this election.
10        The oath in each case may be administered  by  either  of
11    the  judges  of  election, or by any officer, resident in the
12    precinct or district, authorized by law to administer oaths.
13        (b)  Whenever, at any regular or special election, in any
14    precinct, district, city, village, incorporated town, town or
15    ward, any person offering to vote has moved therefrom  within
16    30  days  prior to said regular or special election, he shall
17    make and subscribe an affidavit, in the following form, which
18    shall be supported by providing to  the  judges  of  election
19    proof  of  residence by producing two forms of identification
20    showing the person's current residence address, provided that
21    such identification may include not more than  one  piece  of
22    mail addressed to the person at his current residence address
23    and  postmarked not earlier than 30 days prior to the date of
24    the election, or by  1 affidavit of a registered voter in the
25    precinct, as provided herein, both of which shall be retained
26    by the judges of election, and returned by  them  affixed  to
27    the poll books or with the official poll record:
28    State of Illinois)
29                     )ss.
30    County of .......)
31        I,  .........,  do solemnly swear (or affirm) that I am a
32    citizen of the  United States; that I am  18  years  of  age;
33    that I have not voted at this election; that prior to 30 days
34    preceding this election I was a duly qualified and registered
                            -5-                LRB9009891JMcd
 1    voter in every respect in this election district; that I have
 2    recently  moved from (here give the particular house or place
 3    of residence, and, if in a  town  or  city,  the  street  and
 4    number),  in  this  election  district;  that I now reside at
 5    (here give the particular house or place of  residence,  and,
 6    if  in  a  town  or  city, the street and number), in another
 7    election district in the State.
 8        So help me God, (or "This I  do  solemnly  and  sincerely
 9    affirm", as the case may be).
10                                           ......................
11        Subscribed  and sworn to before me this ............. day
12    of ........, 19......
13                                           ......................
14    State of Illinois)
15                     )ss.
16    County of .......)
17                                 ......... Precinct ........ Ward
18        I, ........, do solemnly swear (or affirm), that I  am  a
19    resident  of  this  precinct  and  entitled  to  vote at this
20    election; that  I  am  acquainted  with  ....  (name  of  the
21    applicant);  that I verily believe him to have been an actual
22    bona fide resident and registered voter of this precinct  and
23    that  he  maintained  a legal residence therein, 30 days next
24    preceding this election.
25                                             ....................
26        Subscribed and sworn to before me this ....  day  of....,
27    19...
28                                             ....................
29                                               Judge of Election.
30        The  oath  may be administered by either of the judges of
31    election, or by any officer,  resident  in  the  precinct  or
32    district, authorized by law to administer oaths.
33    (Source: P.A. 86-867.)

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