State of Illinois
91st General Assembly
Legislation

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91_HB0939enr

 
HB0939 Enrolled                                LRB9101715JMmb

 1        AN ACT to amend the Election Code.

 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 4-8.03, 4-33, 5-7.03, 5-43,  6-35.03,  and  6-79  as
 6    follows:

 7        (10 ILCS 5/4-8.03) (from Ch. 46, par. 4-8.03)
 8        Sec. 4-8.03.  The State Board of Elections shall design a
 9    registration  record card which, except as otherwise provided
10    in this Section, shall be used in triplicate by all  election
11    authorities  in  the State, except those election authorities
12    adopting a computer-based voter registration file  authorized
13    under  Section  4-33 beginning with registrations taken on or
14    after January 1, 1986.  The Board shall  prescribe  the  form
15    and  specifications,  including but not limited to the weight
16    of paper, color and print of such cards.   Such  cards  shall
17    contain  boxes  or  spaces for the information required under
18    Sections 4-8 and 4-21 of this Code; provided, that such cards
19    shall also contain a box or space for the applicant's  social
20    security  number,  which  shall  be  required  to  the extent
21    allowed by law but in no case  shall  the  applicant  provide
22    fewer  than  the  last 4 digits of the social security number
23    driver's license number, or where allowable  the  applicant's
24    social security number, if any, and a box for the applicant's
25    telephone number, if available.
26        Except   for   those   election  authorities  adopting  a
27    computer-based  voter  registration  file  authorized   under
28    Section   4-33,   the  original  and  duplicate  cards  shall
29    respectively constitute the master file and  precinct  binder
30    registration  records  of  the  voter.  A copy The triplicate
31    card shall be given to the applicant upon completion  of  his
 
HB0939 Enrolled             -2-                LRB9101715JMmb
 1    or her registration or completed transfer of registration.
 2        Whenever  a  voter  moves  to another precinct within the
 3    same   election   jurisdiction   or   to   another   election
 4    jurisdiction in the State, such voter may transfer his or her
 5    registration by presenting his or her copy triplicate card to
 6    the election authority or a deputy registrar.  If such  voter
 7    is  not  in  possession  of  or  has  lost  his  or  her copy
 8    triplicate  card,  he  or  she  may  effect  a  transfer   of
 9    registration  by  executing  an  Affidavit of Cancellation of
10    Previous Registration.
11        In the case of  a  transfer  of  registration  to  a  new
12    election  jurisdiction, the election authority shall transmit
13    the voter's copy triplicate card or  such  affidavit  to  the
14    election   authority   of   the   voter's   former   election
15    jurisdiction,  which shall immediately cause the transmission
16    of the voter's previous registration card to the voter's  new
17    election  authority.  No  transfer  of  registration to a new
18    election jurisdiction shall be complete until the voter's old
19    election authority receives notification.
20        Deputy registrars shall return all copies of registration
21    record triplicate cards  or  Affidavits  of  Cancellation  of
22    Previous  Registration  to  the  election  authority within 7
23    working days after the  receipt  thereof,  except  that  such
24    copies  cards  or  Affidavits  of  Cancellation  of  Previous
25    Registration  received  by  the deputy registrars between the
26    35th and  29th  28th  day  preceding  an  election  shall  be
27    returned  by  the deputy registrars to the election authority
28    within 48 hours after receipt. The  deputy  registrars  shall
29    return  the  copies  cards  or  Affidavits of Cancellation of
30    Previous Registration received by them on the 29th  28th  day
31    preceding  an  election  to  the election authority within 24
32    hours after receipt thereof.
33        The date by which an election authority  is  required  to
34    take  registrations  in  compliance  with this Section may be
 
HB0939 Enrolled             -3-                LRB9101715JMmb
 1    extended by the State Board of Elections to a date  no  later
 2    than July 1, 1986, where, prior to January 1, 1986, the Board
 3    has received a written request for such an extension from the
 4    election  authority and such request has shown good cause for
 5    the extension.
 6    (Source: P.A. 86-873.)

 7        (10 ILCS 5/4-33)
 8        Sec. 4-33.  Computerization of voter records.
 9        (a)  The  State  Board  of  Elections  shall   design   a
10    registration  record  card that, except as otherwise provided
11    in 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
14    shall  prescribe  the  form and specifications, including but
15    not limited to the weight of paper, color, and print  of  the
16    cards.   The  cards  shall  contain  boxes  or spaces for the
17    information required under Sections 4-8  and  4-21;  provided
18    that  the  cards  shall  also  contain a box or space for the
19    applicant's social security number, which shall  be  required
20    to  the  extent  allowed  by  law  but  in  no case shall the
21    applicant provide fewer than the last 4 digits of the  social
22    security  number,  and  a  box  for the applicant's telephone
23    number, if available.
24        (b) (a)  The election authority may develop and implement
25    a system to prepare, use, and maintain a computer-based voter
26    registration file that includes a  computer-stored  image  of
27    the  signature  of  each  voter.   The  computer-based  voter
28    registration  file may be used for all purposes for which the
29    original registration cards are to be used, provided  that  a
30    system  for  the storage of at least one copy of the original
31    registration cards remains in  effect.  The  electronic  file
32    shall be the master file.
33        (c)  (b)  Any  system created, used, and maintained under
 
HB0939 Enrolled             -4-                LRB9101715JMmb
 1    subsection (b) (a) of this Section shall meet  the  following
 2    standards:
 3             (1)  Access to any computer-based voter registration
 4        file  shall be limited to those persons authorized by the
 5        election authority, and each access to the computer-based
 6        voter registration file, other than an access solely  for
 7        inquiry, shall be recorded.
 8             (2)  No  copy,  summary, list, abstract, or index of
 9        any computer-based voter registration file that  includes
10        any   computer-stored  image  of  the  signature  of  any
11        registered voter shall be made available  to  the  public
12        outside of the offices of the election authority.
13             (3)  Any  copy, summary, list, abstract, or index of
14        any computer-based voter registration file that  includes
15        a  computer-stored image of the signature of a registered
16        voter shall be produced in such a manner that  it  cannot
17        be reproduced.
18             (4)  Each  person  desiring  to  vote  shall sign an
19        application for a ballot, and  the  signature  comparison
20        authorized in Articles 17 and 18 of this Code may be made
21        to  a  copy of the computer-stored image of the signature
22        of the registered voter.
23             (5)  Any voter list produced from  a  computer-based
24        voter  registration  file  that  includes computer-stored
25        images of the signatures of registered voters and is used
26        in a polling place during an election shall be  preserved
27        by the election authority in secure storage until the end
28        of  the  second  calendar  year following the election in
29        which it was used.
30        (d) (c)  Before the first election in which the  election
31    authority  elects  to  use  a  voter  list  produced from the
32    computer-stored images of the signatures of registered voters
33    in a computer-based voter  registration  file  for  signature
34    comparison  in  a polling place, the State Board of Elections
 
HB0939 Enrolled             -5-                LRB9101715JMmb
 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
 5    of the list and the adequacy of the computer-stored images of
 6    the signatures of the registered voters.
 7        (e) (d)  With respect to a jurisdiction that  has  copied
 8    all   of   its   voter   signatures   into  a  computer-based
 9    registration file, all references in this Act  or  any  other
10    Act  to  the  use,  other  than storage, of paper-based voter
11    registration records  shall  be  deemed  to  refer  to  their
12    computer-based equivalents.
13    (Source: P.A. 89-40, eff. 6-23-95.)

14        (10 ILCS 5/5-7.03) (from Ch. 46, par. 5-7.03)
15        Sec. 5-7.03.  The State Board of Elections shall design a
16    registration  record card which, except as otherwise provided
17    in this Section, shall be used in triplicate by all  election
18    authorities  in  the State, except those election authorities
19    adopting a computer-based voter registration file  authorized
20    under  Section  5-43 beginning with registrations taken on or
21    after January 1, 1986.  The Board shall  prescribe  the  form
22    and  specifications,  including but not limited to the weight
23    of paper, color and print of such cards.   Such  cards  shall
24    contain  boxes  or  spaces for the information required under
25    Sections 5-7 and 5-28.1 of this  Code;  provided,  that  such
26    cards  shall  also contain a box or space for the applicant's
27    social security number, which shall be required to the extent
28    allowed by law but in no case  shall  the  applicant  provide
29    fewer  than  the  last 4 digits of the social security number
30    driver's license number, or where allowable  the  applicant's
31    social security number, if any, and a box for the applicant's
32    telephone number, if available.
33        Except   for   those   election  authorities  adopting  a
 
HB0939 Enrolled             -6-                LRB9101715JMmb
 1    computer-based  voter  registration  file  authorized   under
 2    Section   5-43,   the  original  and  duplicate  cards  shall
 3    respectively constitute the master file and  precinct  binder
 4    registration  records  of  the  voter.  A copy The triplicate
 5    card shall be given to the applicant upon completion  of  his
 6    or her registration or completed transfer of registration.
 7        Whenever  a  voter  moves  to another precinct within the
 8    same   election   jurisdiction   or   to   another   election
 9    jurisdiction in the State, such voter may transfer his or her
10    registration by presenting his or her copy triplicate card to
11    the election authority or a deputy registrar.  If such  voter
12    is  not  in  possession  of  or  has  lost  his  or  her copy
13    triplicate  card,  he  or  she  may  effect  a  transfer   of
14    registration  by  executing  an  Affidavit of Cancellation of
15    Previous  Registration.  In  the  case  of  a   transfer   of
16    registration  to  a  new  election jurisdiction, the election
17    authority shall transmit the voter's copy triplicate card  or
18    such  affidavit  to  the  election  authority  of the voter's
19    former election jurisdiction, which shall  immediately  cause
20    the transmission of the voter's previous registration card to
21    the   voter's   new   election  authority.   No  transfer  of
22    registration to a new election jurisdiction shall be complete
23    until   the   voter's   old   election   authority   receives
24    notification.
25        Deputy registrars shall return all copies of registration
26    record triplicate cards  or  Affidavits  of  Cancellation  of
27    Previous  Registration  to  the  election  authority within 7
28    working days after the  receipt  thereof,  except  that  such
29    copies  cards  or  Affidavits  of  Cancellation  of  Previous
30    Registration  received  by  the deputy registrars between the
31    35th and  29th  28th  day  preceding  an  election  shall  be
32    returned  by  the deputy registrars to the election authority
33    within 48 hours after receipt.  The deputy  registrars  shall
34    return  the  copies  cards  or  Affidavits of Cancellation of
 
HB0939 Enrolled             -7-                LRB9101715JMmb
 1    Previous Registration received by them on the 29th  28th  day
 2    preceding  an  election  to  the election authority within 24
 3    hours after receipt thereof.
 4        The date by which an election authority  is  required  to
 5    take  registrations  in  compliance  with this Section may be
 6    extended by the State Board of Elections to a date  no  later
 7    than July 1, 1986, where, prior to January 1, 1986, the Board
 8    has received a written request for such an extension from the
 9    election  authority and such request has shown good cause for
10    the extension.
11    (Source: P.A. 86-873.)

12        (10 ILCS 5/5-43)
13        Sec. 5-43.  Computerization of voter records.
14        (a)  The  State  Board  of  Elections  shall   design   a
15    registration  record  card that, except as otherwise provided
16    in this Section, shall be used in duplicate by  all  election
17    authorities  in  the  State  adopting  a computer-based voter
18    registration file as provided in  this  Section.   The  Board
19    shall  prescribe  the  form and specifications, including but
20    not limited to the weight of paper, color, and print  of  the
21    cards.   The  cards  shall  contain  boxes  or spaces for the
22    information required under Sections 5-7 and 5-28.1;  provided
23    that  the  cards  shall  also  contain a box or space for the
24    applicant's social security number, which shall  be  required
25    to  the  extent  allowed  by  law  but  in  no case shall the
26    applicant provide fewer than the last 4 digits of the  social
27    security  number,  and  a  box  for the applicant's telephone
28    number, if available.
29        (b) (a)  The election authority may develop and implement
30    a system to prepare, use, and maintain a computer-based voter
31    registration file that includes a  computer-stored  image  of
32    the  signature  of  each  voter.   The  computer-based  voter
33    registration  file may be used for all purposes for which the
 
HB0939 Enrolled             -8-                LRB9101715JMmb
 1    original registration cards are to be used, provided  that  a
 2    system  for  the storage of at least one copy of the original
 3    registration cards remains in effect.   The  electronic  file
 4    shall be the master file.
 5        (c)  (b)  Any  system created, used, and maintained under
 6    subsection (b) (a) of this Section shall meet  the  following
 7    standards:
 8             (1)  Access to any computer-based voter registration
 9        file  shall be limited to those persons authorized by the
10        election authority, and each access to the computer-based
11        voter registration file, other than an access solely  for
12        inquiry, shall be recorded.
13             (2)  No  copy,  summary, list, abstract, or index of
14        any computer-based voter registration file that  includes
15        any   computer-stored  image  of  the  signature  of  any
16        registered voter shall be made available  to  the  public
17        outside of the offices of the election authority.
18             (3)  Any  copy, summary, list, abstract, or index of
19        any computer-based voter registration file that  includes
20        a  computer-stored image of the signature of a registered
21        voter shall be produced in such a manner that  it  cannot
22        be reproduced.
23             (4)  Each  person  desiring  to  vote  shall sign an
24        application for a ballot, and  the  signature  comparison
25        authorized in Articles 17 and 18 of this Code may be made
26        to  a  copy of the computer-stored image of the signature
27        of the registered voter.
28             (5)  Any voter list produced from  a  computer-based
29        voter  registration  file  that  includes computer-stored
30        images of the signatures of registered voters and is used
31        in a polling place during an election shall be  preserved
32        by the election authority in secure storage until the end
33        of  the  second  calendar  year following the election in
34        which it was used.
 
HB0939 Enrolled             -9-                LRB9101715JMmb
 1        (d) (c)  Before the first election in which the  election
 2    authority  elects  to  use  a  voter  list  produced from the
 3    computer-stored images of the signatures of registered voters
 4    in a computer-based voter  registration  file  for  signature
 5    comparison  in  a polling place, the State Board of Elections
 6    shall certify that the system used by the election  authority
 7    complies  with  the standards set forth in this Section.  The
 8    State Board of Elections  may  request  a  sample  poll  list
 9    intended  to  be used in a polling place to test the accuracy
10    of the list and the adequacy of the computer-stored images of
11    the signatures of the registered voters.
12        (e) (d)  With respect to a jurisdiction that  has  copied
13    all   of   its   voter   signatures   into  a  computer-based
14    registration file, all references in this Act  or  any  other
15    Act  to  the  use,  other  than storage, of paper-based voter
16    registration records  shall  be  deemed  to  refer  to  their
17    computer-based equivalents.
18    (Source: P.A. 89-40, eff. 6-23-95.)

19        (10 ILCS 5/6-35.03) (from Ch. 46, par. 6-35.03)
20        Sec.  6-35.03.  The State Board of Elections shall design
21    a  registration  record  card  which,  except  as   otherwise
22    provided  in this Section, shall be used in triplicate by all
23    election authorities in  the  State,  except  those  election
24    authorities adopting a computer-based voter registration file
25    authorized  under  Section  6-79 beginning with registrations
26    taken on or after January 1, 1986.  The Board shall prescribe
27    the form and specifications, including but not limited to the
28    weight of paper, color and print of such cards.   Such  cards
29    shall  contain  boxes  or spaces for the information required
30    under Sections 6-31.1 and 6-35 of this Code;  provided,  that
31    such  cards  shall  also  contain  a  box  or  space  for the
32    applicant's social security number, which shall  be  required
33    to  the  extent  allowed  by  law  but  in  no case shall the
 
HB0939 Enrolled             -10-               LRB9101715JMmb
 1    applicant provide fewer than the last 4 digits of the  social
 2    security  number  driver's license number, or where allowable
 3    the applicant's social security number, if any, and a box for
 4    the applicant's telephone number, if available.
 5        Except  for  those  election   authorities   adopting   a
 6    computer-based   voter  registration  file  authorized  under
 7    Section  6-79,  the  original  and  duplicate   cards   shall
 8    respectively  constitute  the master file and precinct binder
 9    registration records of the voter.   A  copy  The  triplicate
10    card  shall  be given to the applicant upon completion of his
11    or her registration or completed transfer of registration.
12        Whenever a voter moves to  another  precinct  within  the
13    same   election   jurisdiction   or   to   another   election
14    jurisdiction in the State, such voter may transfer his or her
15    registration by presenting his or her copy triplicate card to
16    the  election authority or a deputy registrar.  If such voter
17    is not  in  possession  of  or  has  lost  his  or  her  copy
18    triplicate   card,  he  or  she  may  effect  a  transfer  of
19    registration by executing an  Affidavit  of  Cancellation  of
20    Previous Registration.
21        In  the  case  of  a  transfer  of  registration to a new
22    election jurisdiction, the election authority shall  transmit
23    the  voter's  copy  triplicate  card or such affidavit to the
24    election   authority   of   the   voter's   former   election
25    jurisdiction, which shall immediately cause the  transmission
26    of  the voter's previous registration card to the voter's new
27    election authority. No transfer  of  registration  to  a  new
28    election jurisdiction shall be complete until the voter's old
29    election authority receives notification.
30        Deputy registrars shall return all copies of registration
31    record  triplicate  cards  or  Affidavits  of Cancellation of
32    Previous Registration to  the  election  authority  within  7
33    working  days after the receipt thereof. Such copies cards or
34    Affidavits of Cancellation of Previous Registration  received
 
HB0939 Enrolled             -11-               LRB9101715JMmb
 1    by  the  deputy registrars between the 35th and 29th 28th day
 2    preceding  an  election  shall  be  returned  by  the  deputy
 3    registrars within  48  hours  after  receipt  thereof.   Such
 4    copies  cards  or  Affidavits  of  Cancellation  of  Previous
 5    Registration  received  by  the deputy registrars on the 29th
 6    28th day preceding an  election  shall  be  returned  by  the
 7    deputy  registrars  to the election authority within 24 hours
 8    after receipt thereof.
 9        The date by which an election authority  is  required  to
10    take  registrations  in  compliance  with this Section may be
11    extended by the State Board of Elections to a date  no  later
12    than July 1, 1986, where, prior to January 1, 1986, the Board
13    has received a written request for such an extension from the
14    election  authority and such request has shown good cause for
15    the extension.
16        In the case of  a  transfer  of  registration  to  a  new
17    election  jurisdiction, the election authority shall transmit
18    the voter's triplicate card or such affidavit to the election
19    authority of the voter's former election jurisdiction,  which
20    shall  immediately  cause  the  transmission  of  the voter's
21    previous  registration  card  to  the  voter's  new  election
22    authority. No transfer of  registration  to  a  new  election
23    jurisdiction shall be complete until the voter's old election
24    authority receives notification.
25        Deputy  registrars  shall  return all triplicate cards or
26    Affidavits of Cancellation of Previous  Registration  to  the
27    election  authority  within  7 working days after the receipt
28    thereof, except that the deputy registrars shall  return  the
29    cards  or Affidavits of Cancellation of Previous Registration
30    received by them between the 35th and 28th day  preceding  an
31    election  to the election authority within 48 hours after the
32    receipt thereof.
33        Such cards or  Affidavits  of  Cancellation  of  Previous
34    Registration  received  during  the  28th  day  preceding  an
 
HB0939 Enrolled             -12-               LRB9101715JMmb
 1    election  shall  be  returned by the deputy registrars to the
 2    election authority within 24 hours after receipt thereof.
 3    (Source: P.A. 86-873; revised 1-28-99.)

 4        (10 ILCS 5/6-79)
 5        Sec. 6-79.  Computerization of voter records.
 6        (a)  The  State  Board  of  Elections  shall   design   a
 7    registration  record  card that, except as otherwise provided
 8    in this Section, shall be used in duplicate by  all  election
 9    authorities  in  the  State  adopting  a computer-based voter
10    registration file as provided in  this  Section.   The  Board
11    shall  prescribe  the  form and specifications, including but
12    not limited to the weight of paper, color, and print  of  the
13    cards.   The  cards  shall  contain  boxes  or spaces for the
14    information required under Sections 6-31.1 and 6-35; provided
15    that the cards shall also contain a  box  or  space  for  the
16    applicant's  social  security number, which shall be required
17    to the extent allowed  by  law  but  in  no  case  shall  the
18    applicant  provide fewer than the last 4 digits of the social
19    security number, and a  box  for  the  applicant's  telephone
20    number, if available.
21        (b) (a)  The election authority may develop and implement
22    a system to prepare, use, and maintain a computer-based voter
23    registration  file  that  includes a computer-stored image of
24    the  signature  of  each  voter.   The  computer-based  voter
25    registration file may be used for all purposes for which  the
26    original  registration  cards are to be used, provided that a
27    system for the storage of at least one copy of  the  original
28    registration  cards  remains  in  effect. The electronic file
29    shall be the master file.
30        (c) (b)  Any system created, used, and  maintained  under
31    subsection  (b)  (a) of this Section shall meet the following
32    standards:
33             (1)  Access to any computer-based voter registration
 
HB0939 Enrolled             -13-               LRB9101715JMmb
 1        file shall be limited to those persons authorized by  the
 2        election authority, and each access to the computer-based
 3        voter  registration file, other than an access solely for
 4        inquiry, shall be recorded.
 5             (2)  No copy, summary, list, abstract, or  index  of
 6        any  computer-based voter registration file that includes
 7        any  computer-stored  image  of  the  signature  of   any
 8        registered  voter  shall  be made available to the public
 9        outside of the offices of the election authority.
10             (3)  Any copy, summary, list, abstract, or index  of
11        any  computer-based voter registration file that includes
12        a computer-stored image of the signature of a  registered
13        voter  shall  be produced in such a manner that it cannot
14        be reproduced.
15             (4)  Each person desiring  to  vote  shall  sign  an
16        application  for  a  ballot, and the signature comparison
17        authorized in Articles 17 and 18 of this Code may be made
18        to a copy of the computer-stored image of  the  signature
19        of the registered voter.
20             (5)  Any  voter  list produced from a computer-based
21        voter registration  file  that  includes  computer-stored
22        images of the signatures of registered voters and is used
23        in  a polling place during an election shall be preserved
24        by the election authority in secure storage until the end
25        of the second calendar year  following  the  election  in
26        which it was used.
27        (d)  (c)  Before the first election in which the election
28    authority elects to  use  a  voter  list  produced  from  the
29    computer-stored images of the signatures of registered voters
30    in  a  computer-based  voter  registration file for signature
31    comparison in a polling place, the State Board  of  Elections
32    shall  certify that the system used by the election authority
33    complies with the standards set forth in this  Section.   The
34    State  Board  of  Elections  may  request  a sample poll list
 
HB0939 Enrolled             -14-               LRB9101715JMmb
 1    intended to be used in a polling place to test  the  accuracy
 2    of the list and the adequacy of the computer-stored images of
 3    the signatures of the registered voters.
 4        (e)  (d)  With  respect to a jurisdiction that has copied
 5    all  of  its   voter   signatures   into   a   computer-based
 6    registration  file,  all  references in this Act or any other
 7    Act to the use, other  than  storage,  of  paper-based  voter
 8    registration  records  shall  be  deemed  to  refer  to their
 9    computer-based equivalents.
10    (Source: P.A. 89-40, eff. 6-23-95.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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