Public Act 90-0664 of the 90th General Assembly

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Public Act 90-0664

HB3181 Enrolled                                LRB9009891JMcd

    AN ACT in relation to address changes resulting from  the
implementation of 9-1-1 systems, amending named Acts.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Election  Code  is  amended  by  changing
Sections 3-1, 3-1.2, and 17-10 as follows:

    (10 ILCS 5/3-1) (from Ch. 46, par. 3-1)
    Sec.  3-1.   Every  person  (i) who has having resided in
this  State  and  in  the  election  district  30  days  next
preceding any election therein, or (ii) who  has  resided  in
and  is registered to vote from the election district 30 days
next preceding any election therein and has moved to  another
election  district  in this State within said 30 days and has
made and subscribed to the affidavit  provided  in  paragraph
(b) of Section 17-10 of this Act, or (iii) who has resided in
and  is registered to vote from the election district 30 days
next preceding any election therein  and  has  not  moved  to
another  residence  but whose address has changed as a result
of implementation of a 9-1-1 emergency telephone  system  and
has   made  and  subscribed  to  the  affidavit  provided  in
subsection (a) of Section 17-10, and who is a citizen of  the
United  States, of the age of 18 or more years is entitled to
vote  at  such  election  for  all   offices   and   on   all
propositions.    Any   military   establishment   within  the
boundaries of Illinois is "in this  State"  even  though  the
government   of   the   United   States  may  have  exclusive
jurisdiction over such establishment.
(Source: P.A. 81-1060.)

    (10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
    Sec. 3-1.2.  For the purpose of  determining  eligibility
to  sign  a  nominating  petition  or  a petition proposing a
public  question  the  terms  "voter",  "registered   voter",
"qualified   voter",  "legal  voter",  "elector",  "qualified
elector", "primary elector" and "qualified  primary  elector"
as  used  in  this  Code  or  in another Statute shall mean a
person who  is  registered  to  vote  at  the  address  shown
opposite  his  signature on the petition or was registered to
vote at such address when he signed the petition. Any person,
otherwise qualified under this Section, who has not moved  to
another  residence  but whose address has changed as a result
of implementation of a 9-1-1 emergency telephone system shall
be  considered  a  "voter",  "registered  voter",  "qualified
voter",  "legal  voter",  "elector",   "qualified   elector",
"primary elector", and "qualified primary elector".
(Source: P.A. 83-999.)

    (10 ILCS 5/17-10) (from Ch. 46, par. 17-10)
    Sec.  17-10.   (a)  Whenever,  at  any  election,  in any
precinct, any person offering to vote is not personally known
to the judges of election to have the qualifications required
in this Act, if his vote is challenged by a  legal  voter  at
such  election,  he  or  she  shall  make  and  subscribe  an
affidavit,  in the following form, which shall be retained by
the judges of election, and returned by them affixed  to  the
poll books or with the official poll record:
State of Illinois)
                 )ss.
County of .......)
    I,...., do solemnly swear (or affirm) that I am a citizen
of the United States; that I am 18 years of age or over; that
I have resided in this State and in this election district 30
days  next  preceding this election; that I have not voted at
this election; that I am a  duly  qualified  voter  in  every
respect; that I now reside at (here give the particular house
or  place of residence, and, if in a town or city, the street
and  number),  in  this  election  district;  *1.    that   I
registered  to vote from said address; *2.  that I changed my
residence to the above address from ...., both of  which  are
in  this  election  district; *3. that I changed my name from
.... to that which I have signed below; *4.  that I have  not
changed  my  residence but my address has changed as a result
of implementation of a 9-1-1 emergency telephone system.
    So help me God, (or "This I  do  solemnly  and  sincerely
affirm", as the case may be).
                                    .........................
    Subscribed and sworn to before me this ....  day of ....,
19...
                                    .........................
    *1.  If registration is not required, draw a line through
1 above.
    *2.  Fill  in  the  blank ONLY if you have moved within 2
years.
    *3.  Fill in the blank ONLY if you have changed your name
within 2 years.
    *4.  Fill in the blank ONLY if you have not changed  your
residence  but  your  address  has  changed  as  a  result of
implementation of a 9-1-1 emergency telephone system.
    In  addition  to  such  an  affidavit,  the   person   so
challenged  shall  provide to the judges of election proof of
residence by producing two forms  of  identification  showing
the  person's  current  residence address, provided that such
identification may include not more than one  piece  of  mail
addressed  to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of  the
election,  or  the  person shall procure a witness personally
known to the judges of election, and resident in the precinct
(or district), or who shall be proved by some legal voter  of
such  precinct  or  district, known to the judges to be such,
who shall take the oath following, viz:
    I do solemnly swear (or affirm) that I am a  resident  of
this election precinct (or district), and entitled to vote at
this  election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct  (or  district),  and  has
resided  herein  30  days,  and  as I verily believe, in this
State, 30 days next preceding this election.
    The oath in each case may be administered  by  either  of
the  judges  of  election, or by any officer, resident in the
precinct or district, authorized by law to administer oaths.
    (b)  Whenever, at any regular or special election, in any
precinct, district, city, village, incorporated town, town or
ward, any person offering to vote has moved therefrom  within
30  days  prior to said regular or special election, he shall
make and subscribe an affidavit, in the following form, which
shall be supported by providing to  the  judges  of  election
proof  of  residence by producing two forms of identification
showing the person's current residence address, provided that
such identification may include not more than  one  piece  of
mail addressed to the person at his current residence address
and  postmarked not earlier than 30 days prior to the date of
the election, or by  1 affidavit of a registered voter in the
precinct, as provided herein, both of which shall be retained
by the judges of election, and returned by  them  affixed  to
the poll books or with the official poll record:
State of Illinois)
                 )ss.
County of .......)
    I,  .........,  do solemnly swear (or affirm) that I am a
citizen of the  United States; that I am  18  years  of  age;
that I have not voted at this election; that prior to 30 days
preceding this election I was a duly qualified and registered
voter in every respect in this election district; that I have
recently  moved from (here give the particular house or place
of residence, and, if in a  town  or  city,  the  street  and
number),  in  this  election  district;  that I now reside at
(here give the particular house or place of  residence,  and,
if  in  a  town  or  city, the street and number), in another
election district in the State.
    So help me God, (or "This I  do  solemnly  and  sincerely
affirm", as the case may be).
                                       ......................
    Subscribed  and sworn to before me this ............. day
of ........, 19......
                                       ......................
State of Illinois)
                 )ss.
County of .......)
                             ......... Precinct ........ Ward
    I, ........, do solemnly swear (or affirm), that I  am  a
resident  of  this  precinct  and  entitled  to  vote at this
election; that  I  am  acquainted  with  ....  (name  of  the
applicant);  that I verily believe him to have been an actual
bona fide resident and registered voter of this precinct  and
that  he  maintained  a legal residence therein, 30 days next
preceding this election.
                                         ....................
    Subscribed and sworn to before me this ....  day  of....,
19...
                                         ....................
                                           Judge of Election.
    The  oath  may be administered by either of the judges of
election, or by any officer,  resident  in  the  precinct  or
district, authorized by law to administer oaths.
(Source: P.A. 86-867.)
    Section   10.  The  Emergency  Telephone  System  Act  is
amended by adding Section 10.3 as follows:

    (50 ILCS 750/10.3 new)
    Sec. 10.3.  Notice  of  address  change.   The  Emergency
Telephone  System  Board  in  any county implementing a 9-1-1
system that changes any person's  address  (when  the  person
whose  address  has changed has not moved to a new residence)
shall notify the person (i) of the person's new  address  and
(ii)  that  the  person  should  contact  the  local election
authority to determine if the person  should  re-register  to
vote.

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

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