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91_SB1922
LRB9113289JMmb
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 5-7, 5-7.03, and 11-7 as follows:
6 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
7 Sec. 5-7. The county clerk shall provide a sufficient
8 number of blank forms for the registration of electors which
9 shall be known as registration record cards and which shall
10 consist of loose leaf sheets or cards, of suitable size to
11 contain in plain writing and figures the data hereinafter
12 required thereon or shall consist of computer cards of
13 suitable nature to contain the data required thereon. The
14 registration record cards, which shall include an affidavit
15 of registration as hereinafter provided, shall be executed in
16 duplicate.
17 The registration record card shall contain the following
18 and such other information as the county clerk may think it
19 proper to require for the identification of the applicant for
20 registration:
21 Name. The name of the applicant, giving surname and
22 first or Christian name in full, and the middle name or the
23 initial for such middle name, if any.
24 Sex.
25 Residence. The name and number of the street, avenue, or
26 other location of the dwelling, including the apartment, unit
27 or room number, if any, and in the case of a mobile home the
28 lot number, and such additional clear and definite
29 description as may be necessary to determine the exact
30 location of the dwelling of the applicant, including
31 post-office mailing address. In the case of a homeless
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1 individual, the individual's voting residence that is his or
2 her mailing address shall be included on his or her
3 registration record card.
4 Term of residence in the State of Illinois and the
5 precinct. Which questions may be answered by the applicant
6 stating, in excess of 30 days in the State and in excess of
7 30 days in the precinct.
8 Nativity. The State or country in which the applicant
9 was born.
10 Citizenship. Whether the applicant is native born or
11 naturalized. If naturalized, the court, place and date of
12 naturalization.
13 Date of application for registration, i.e., the day,
14 month and year when applicant presented himself for
15 registration.
16 Age. Date of birth, by month, day and year.
17 Physical disability of the applicant, if any, at the time
18 of registration, which would require assistance in voting.
19 The county and state in which the applicant was last
20 registered.
21 Signature of voter. The applicant, after the
22 registration and in the presence of a deputy registrar or
23 other officer of registration shall be required to sign his
24 or her name in ink to the affidavit on the original and
25 duplicate registration record card.
26 Signature of Deputy Registrar.
27 In case applicant is unable to sign his name, he may
28 affix his mark to the affidavit. In such case the officer
29 empowered to give the registration oath shall write a
30 detailed description of the applicant in the space provided
31 at the bottom of the card or sheet; and shall ask the
32 following questions and record the answers thereto:
33 Father's first name .......................
34 Mother's first name .......................
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1 From what address did you last register?
2 Reason for inability to sign name.
3 Each applicant for registration shall make an affidavit
4 in substantially the following form:
5 AFFIDAVIT OF REGISTRATION
6 State of Illinois)
7 )ss
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; that I am fully qualified
13 to vote. That I intend that this location shall be my
14 residence 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
22 registration record card for the notation of the voting
23 record of the person registered thereon.
24 Each registration record card shall be numbered according
25 to towns and precincts, wards, cities and villages, as the
26 case may be, and may be serially or otherwise marked for
27 identification in such manner as the county clerk or election
28 authority may determine.
29 The registration cards shall be deemed public records and
30 shall be open to inspection during regular business hours,
31 except during the 28 days immediately preceding any election.
32 On written request of any candidate or objector or any person
33 intending to object to a petition, the election authority
34 shall extend its hours for inspection of registration cards
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1 and other records of the election authority during the period
2 beginning with the filing of petitions under Sections 7-10,
3 8-8, 10-6 or 28-3 and continuing through the termination of
4 electoral board hearings on any objections to petitions
5 containing signatures of registered voters in the
6 jurisdiction of the election authority. The extension shall
7 be for a period of hours sufficient to allow adequate
8 opportunity for examination of the records but the election
9 authority is not required to extend its hours beyond the
10 period beginning at its normal opening for business and
11 ending at midnight. If the business hours are so extended,
12 the election authority shall post a public notice of such
13 extended hours. Registration record cards may also be
14 inspected, upon approval of the officer in charge of the
15 cards, during the 28 days immediately preceding any election.
16 Registration record cards shall also be open to inspection by
17 certified judges and poll watchers and challengers at the
18 polling place on election day, but only to the extent
19 necessary to determine the question of the right of a person
20 to vote or to serve as a judge of election. At no time shall
21 poll watchers or challengers be allowed to physically handle
22 the registration record cards.
23 Updated copies of computer tapes or computer discs or
24 other electronic data processing information containing voter
25 registration information shall be furnished by the county
26 clerk within 10 days after December 15 and May 15 each year
27 to the State Board of Elections in a form prescribed by the
28 Board. Registration information shall include, but not be
29 limited to, the following information: name, sex, residence,
30 telephone number, if any, age, party affiliation, if
31 applicable, precinct, ward, township, county, and
32 representative, legislative and congressional districts. In
33 the event of noncompliance, the State Board of Elections is
34 directed to obtain compliance forthwith with this
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1 nondiscretionary duty of the election authority by
2 instituting legal proceedings in the circuit court of the
3 county in which the election authority maintains the
4 registration information. The costs of furnishing updated
5 copies of tapes or discs shall be paid at a rate of $.00034
6 per name of registered voters in the election jurisdiction,
7 but not less than $50 per tape or disc and shall be paid from
8 appropriations made to the State Board of Elections for
9 reimbursement to the election authority for such purpose. The
10 Board shall furnish copies of such tapes, discs, other
11 electronic data or compilations thereof to state political
12 committees registered pursuant to the Illinois Campaign
13 Finance Act or the Federal Election Campaign Act at their
14 request and at a reasonable cost. Copies of the tapes, discs
15 or other electronic data shall be furnished by the county
16 clerk to local political committees at their request and at a
17 reasonable cost. Reasonable cost of the tapes, discs, et
18 cetera for this purpose would be the cost of duplication plus
19 15% for administration. The individual representing a
20 political committee requesting copies of such tapes shall
21 make a sworn affidavit that the information shall be used
22 only for bona fide political purposes, including by or for
23 candidates for office or incumbent office holders. Such
24 tapes, discs or other electronic data shall not be used under
25 any circumstances by any political committee or individuals
26 for purposes of commercial solicitation or other business
27 purposes. If such tapes contain information on county
28 residents related to the operations of county government in
29 addition to registration information, that information shall
30 not be used under any circumstances for commercial
31 solicitation or other business purposes. The prohibition in
32 this Section against using the computer tapes or computer
33 discs or other electronic data processing information
34 containing voter registration information for purposes of
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1 commercial solicitation or other business purposes shall be
2 prospective only from the effective date of this amended Act
3 of 1979. Any person who violates this provision shall be
4 guilty of a Class 4 felony.
5 The State Board of Elections shall promulgate, by October
6 1, 1987, such regulations as may be necessary to ensure
7 uniformity throughout the State in electronic data processing
8 of voter registration information. The regulations shall
9 include, but need not be limited to, specifications for
10 uniform medium, communications protocol and file structure to
11 be employed by the election authorities of this State in the
12 electronic data processing of voter registration information.
13 Each election authority utilizing electronic data processing
14 of voter registration information shall comply with such
15 regulations on and after May 15, 1988.
16 If the applicant for registration was last registered in
17 another county within this State, he shall also sign a
18 certificate authorizing cancellation of the former
19 registration. The certificate shall be in substantially the
20 following form:
21 To the County Clerk of .... County, Illinois. To the Election
22 Commission of the City of ...., Illinois.
23 This is to certify that I am registered in your (county)
24 (city) and that my residence was .....
25 Having moved out of your (county) (city), I hereby
26 authorize you to cancel said registration in your office.
27 Dated at .... Illinois, on (insert date).
28 ....................
29 (Signature of Voter)
30 Attest ......, County Clerk, ........ County, Illinois.
31 The cancellation certificate shall be mailed immediately
32 by the county clerk to the county clerk (or election
33 commission as the case may be) where the applicant was
34 formerly registered. Receipt of such certificate shall be
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1 full authority for cancellation of any previous registration.
2 (Source: P.A. 91-357, eff. 7-29-99.)
3 (10 ILCS 5/5-7.03) (from Ch. 46, par. 5-7.03)
4 Sec. 5-7.03. The State Board of Elections shall design a
5 registration record card which, except as otherwise provided
6 in this Section, shall be used in triplicate by all election
7 authorities in the State, except those election authorities
8 adopting a computer-based voter registration file authorized
9 under Section 5-43. The Board shall prescribe the form and
10 specifications, including but not limited to the weight of
11 paper, color and print of such cards. Such cards shall
12 contain boxes or spaces for the information required under
13 Sections 5-7 and 5-28.1 of this Code; provided, that such
14 cards shall also contain a box or space for the applicant's
15 social security number, which shall be required to the extent
16 allowed by law but in no case shall the applicant provide
17 fewer than the last 4 digits of the social security number,
18 and a box for the applicant's telephone number, if available.
19 Except for those election authorities adopting a
20 computer-based voter registration file authorized under
21 Section 5-43, the original and duplicate cards shall
22 respectively constitute the master file and precinct binder
23 registration records of the voter. A copy shall be given to
24 the applicant upon completion of his or her registration or
25 completed transfer of registration.
26 Whenever a voter moves to another precinct within the
27 same election jurisdiction or to another election
28 jurisdiction in the State, such voter may transfer his or her
29 registration by presenting his or her copy to the election
30 authority or a deputy registrar. Whenever a voter moves to
31 another election jurisdiction in the State, he or she must
32 register anew with the local election authority or deputy
33 registrar and execute an Affidavit of Cancellation of
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1 Previous Registration. The election authority shall transmit
2 the voter's affidavit to the election authority of the
3 voter's former election jurisdiction. If such voter is not
4 in possession of or has lost his or her copy, he or she may
5 effect a transfer of registration by executing an Affidavit
6 of Cancellation of Previous Registration. In the case of a
7 transfer of registration to a new election jurisdiction, the
8 election authority shall transmit the voter's copy or such
9 affidavit to the election authority of the voter's former
10 election jurisdiction, which shall immediately cause the
11 transmission of the voter's previous registration card to the
12 voter's new election authority. No transfer of registration
13 to a new election jurisdiction shall be complete until the
14 voter's old election authority receives notification.
15 Deputy registrars shall return all copies of registration
16 record cards or Affidavits of Cancellation of Previous
17 Registration to the election authority within 7 working days
18 after the receipt thereof, except that such copies or
19 Affidavits of Cancellation of Previous Registration received
20 by the deputy registrars between the 35th and 29th day
21 preceding an election shall be returned by the deputy
22 registrars to the election authority within 48 hours after
23 receipt. The deputy registrars shall return the copies or
24 Affidavits of Cancellation of Previous Registration received
25 by them on the 29th day preceding an election to the election
26 authority within 24 hours after receipt thereof.
27 (Source: P.A. 91-73, eff. 7-9-99.)
28 (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
29 Sec. 11-7. For the purpose of the conduct of any
30 consolidated election, consolidated primary election, special
31 municipal primary election or emergency referendum, an
32 election authority may cluster up to four contiguous
33 precincts as provided in this Section, which shall constitute
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1 a clustered voting zone. The common polling place for the
2 clustered voting zone shall be located within the territory
3 comprising the clustered precincts. Unless the election
4 authority specifies a larger number, only one election judge
5 shall be appointed for each of the precincts in each
6 clustered voting zone.
7 The judges so appointed may not all be affiliated with
8 the same political party.
9 The conduct of an election in a clustered voting zone
10 shall be under the general supervision of all the judges of
11 election designated to serve in the clustered voting zone.
12 The designated judges may perform the duties of election
13 judges for the entire clustered voting zone. However, the
14 requirements of Section 17-14 shall apply to voter
15 assistance, the requirements of Section 24-10 shall apply to
16 voter instruction, the requirement of Section 24A-10 shall
17 apply to examination of absentee ballots, and any disputes as
18 to entitlement to vote, challenges, counting of ballots or
19 other matters pertaining directly to voting shall be decided
20 by those designated judges appointed for the precinct in
21 which the affected voter resides or the disputed vote is to
22 be counted.
23 This Section does not apply to any elections in
24 municipalities with more than 1,000,000 inhabitants.
25 (Source: P.A. 90-358, eff. 1-1-98.)
26 Section 99. Effective date. This Act takes effect
27 January 1, 2002.