HB0288 100TH GENERAL ASSEMBLY

LRB100 05284 MLM 15295 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0288

Introduced , by Rep. David S. Olsen

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

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 29-5 and 29-10 as follows:

(10 ILCS 5/29-5) (from Ch. 46, par. 29-5)

Sec. 29-5. Voting more than once. Any person who, having voted once, knowingly files an application to vote, accepts a ballot, or enters a voting machine on more than one occasion during any election where the ballot or machine lists any of the same candidates and issues listed on the ballot or machine previously used for voting by that person, (a) files an application to vote in the same or another polling place, or (b) accepts a ballot or enters a voting machine (except to legally give assistance, to replace a spoiled or rejected ballot, or at the direction of a judge of elections pursuant to the provisions of this Code), shall be guilty of a Class 3 felony; however, if a person has delivered a ballot or ballots to an election authority as a vote by mail voter and due to a change of circumstances is able to and does vote in the precinct of his residence on election day, shall not be deemed to be in violation of this Code. A violation of this Section may be prosecuted in any county where an element of the offense was committed.

(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)

(10 ILCS 5/29-10) (from Ch. 46, par. 29-10)

Sec. 29-10. Perjury.

(a) Any person who knowingly makes a false statement, material to the issue or point in question, which he does not believe to be true, in any affidavit, certificate or sworn oral declaration required by any provision of this Code shall be guilty of a Class 3 felony.

(b) Any person who is convicted of violating this Section shall be ineligible for public employment for a period of 5 years immediately following the completion of his sentence. For the purpose of this subsection, "public employment" shall mean any elected or appointed office created by the Constitution or laws of this State, or any ordinance of a unit of local government. "Public employment" shall also include any position as an employee of the State of Illinois, or a unit of local government or school district.

(c) An indictment or information for perjury under this Section 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 this Code, need not specify which statement is false. At the trial, the prosecution need not establish which statement is false.

(Source: P.A. 83-1097.)

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