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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4694 Introduced 2/18/2020, by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/4-8 | from Ch. 46, par. 4-8 | 10 ILCS 5/5-7 | from Ch. 46, par. 5-7 | 10 ILCS 5/6-35 | from Ch. 46, par. 6-35 |
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Amends the Election Code. Makes changes to the information required a voter registration record card. Provides that electronic voter registration records shall be furnished at a reasonable cost to any person who makes a sworn affidavit that the list will solely be used for bona fide election, scholarly, or journalistic purposes, as determined by the State Board of Elections. Provides that voter registration records shall be furnished without charge or at a reduced charge if the person requesting the records states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. Provides that voter registration records or data shall not be placed for unrestricted access on the Internet. Provides that voter registration records or data shall not be furnished to any person residing outside of the United States and any person who knowingly does so shall be guilty of a Class 4 felony. Makes other changes.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4694 | | LRB101 18555 SMS 68009 b |
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1 | | AN ACT concerning elections.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Election Code is amended by changing |
5 | | Sections 4-8, 5-7, and 6-35 as follows:
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6 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
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7 | | Sec. 4-8. 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
suitable |
13 | | nature to contain the data required thereon. The registration |
14 | | record
cards, which shall include an affidavit of registration |
15 | | as hereinafter
provided, shall be executed in duplicate.
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16 | | The registration record card shall contain the following |
17 | | and such
other information as the county clerk may think it |
18 | | proper to require for
the identification of the applicant for |
19 | | registration:
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20 | | Name. The name of the applicant, given giving surname and |
21 | | first or
Christian name in full, and the middle name or the |
22 | | initial for such
middle name, if any.
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23 | | Sex.
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1 | | Residence. The name and number of the street, avenue, or |
2 | | other location of
the dwelling, including the apartment, unit |
3 | | or room number, if any, and in the
case of a mobile home the lot |
4 | | number, and such additional clear and definite
description as |
5 | | may be necessary to determine the exact location of the
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6 | | dwelling of the applicant. Where the location cannot be |
7 | | determined by
street and number, then the section, |
8 | | congressional township and range
number may be used, or such |
9 | | other description as may be necessary,
including post-office |
10 | | mailing address. In the case of a homeless individual,
the |
11 | | individual's voting residence that is his or her mailing |
12 | | address shall be
included on his or her registration record |
13 | | card.
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14 | | Term of residence in the State of Illinois and precinct. |
15 | | This
information shall be furnished by the applicant stating |
16 | | the place or
places where he resided and the dates during which |
17 | | he resided in such
place or places during the year next |
18 | | preceding the date of the next
ensuing election.
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19 | | Nativity. The state or country in which the applicant was |
20 | | born.
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21 | | Citizenship. Whether the applicant is native born or |
22 | | naturalized. If
naturalized, the court, place, and date of |
23 | | naturalization.
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24 | | Date of application for registration, i.e., the day, month |
25 | | and year
when applicant presented himself for registration.
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26 | | Age. Date of birth, by month, day and year.
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1 | | Physical disability of the applicant, if any, at the time |
2 | | of
registration, which would require assistance in voting.
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3 | | The county and state in which the applicant was last |
4 | | registered.
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5 | | Electronic mail address, if any. |
6 | | Signature of voter. The applicant, after the registration |
7 | | and in the
presence of a deputy registrar or other officer of |
8 | | registration shall be
required to sign his or her name in ink |
9 | | or digitized form to the affidavit on both the
original and |
10 | | duplicate registration record cards.
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11 | | Signature of deputy registrar or officer of registration.
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12 | | In case applicant is unable to sign his name, he may affix |
13 | | his mark
to the affidavit. In such case the officer empowered |
14 | | to give the
registration oath shall write a detailed |
15 | | description of the applicant in
the space provided on the back |
16 | | or at the bottom of the card or sheet;
and shall ask the |
17 | | following questions and record the answers thereto:
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18 | | Father's first name.
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19 | | Mother's first name.
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20 | | From what address did the applicant last register?
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21 | | Reason for inability to sign name.
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22 | | Each applicant for registration shall make an affidavit in
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23 | | substantially the following form:
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24 | | AFFIDAVIT OF REGISTRATION
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25 | | STATE OF ILLINOIS
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26 | | COUNTY OF .......
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| | HB4694 | - 4 - | LRB101 18555 SMS 68009 b |
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1 | | I hereby swear (or affirm) that I am a citizen of the |
2 | | United States;
that on the date of the next election I shall |
3 | | have resided in the State
of Illinois and in the election |
4 | | precinct in which I reside 30 days and
that I intend that this |
5 | | location shall be my residence; that
I am fully qualified to |
6 | | vote, and that the above statements are true.
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7 | | ..............................
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8 | | (His or her signature or mark)
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9 | | Subscribed and sworn to before me on (insert date).
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10 | | ..................................
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11 | | Signature of registration officer.
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12 | | (To be signed in presence of registrant.)
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13 | | Space shall be provided upon the face of each registration |
14 | | record
card for the notation of the voting record of the person |
15 | | registered
thereon.
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16 | | Each registration record card shall be numbered according |
17 | | to
precincts, and may be serially or otherwise marked for |
18 | | identification in
such manner as the county clerk may |
19 | | determine.
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20 | | The registration cards shall be deemed public records and |
21 | | shall be
open to inspection during regular business hours, |
22 | | except during the 27
days immediately preceding any election. |
23 | | On written request of any
candidate or objector or any person |
24 | | intending to object to a petition, the
election authority shall |
25 | | extend its hours for inspection of registration
cards and other |
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1 | | records of the election authority during the period
beginning |
2 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
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3 | | 28-3 and continuing through the termination of electoral board |
4 | | hearings on
any objections to petitions containing signatures |
5 | | of registered voters in
the jurisdiction of the election |
6 | | authority. The extension shall be for a
period of hours |
7 | | sufficient to allow adequate opportunity for examination of
the |
8 | | records but the election authority is not required to extend |
9 | | its hours
beyond the period beginning at its normal opening for |
10 | | business and ending
at midnight. If the business hours are so |
11 | | extended, the election authority
shall post a public notice of |
12 | | such extended hours. Registration record
cards may also be |
13 | | inspected, upon approval of the officer in charge of the
cards, |
14 | | during the 27 days immediately preceding any election.
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15 | | Registration
record cards shall also be open to inspection by |
16 | | certified judges and poll
watchers and challengers at the |
17 | | polling place on election day, but only to
the extent necessary |
18 | | to determine the question of the right of a person to
vote or |
19 | | to serve as a judge of election. At no time shall poll watchers |
20 | | or
challengers be allowed to physically handle the registration |
21 | | record cards.
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22 | | Updated copies of computer tapes or computer discs or other |
23 | | electronic data
processing information containing voter |
24 | | registration information shall
be furnished by the county clerk |
25 | | within 10 days after December 15 and
May
15 each year and |
26 | | within 10 days after each registration
period is closed to the |
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1 | | State Board of Elections in a form
prescribed by the
Board. For |
2 | | the purposes of this Section, a registration period is closed |
3 | | 27
days before the date of any regular or special election. |
4 | | Registration
information shall include, but not be limited to, |
5 | | the
following information: name, sex, residence, telephone |
6 | | number, if any,
age, party affiliation, if applicable, |
7 | | precinct, ward, township,
county, and representative, |
8 | | legislative and
congressional districts. In the event of |
9 | | noncompliance, the State
Board of Elections is directed to |
10 | | obtain compliance forthwith with this
nondiscretionary duty of |
11 | | the election authority by instituting legal
proceedings in the |
12 | | circuit court of the county in which the election
authority |
13 | | maintains the registration information. The costs of |
14 | | furnishing
updated copies of tapes or discs shall be paid at a |
15 | | rate of $.00034 per
name of registered voters in the election |
16 | | jurisdiction, but not less than
$50 per tape or disc and shall |
17 | | be paid from appropriations made to the
State Board of |
18 | | Elections for reimbursement to the election authority for
such |
19 | | purpose. The State Board shall furnish copies of such tapes, |
20 | | discs, other
electronic data or compilations thereof to state |
21 | | political committees
registered pursuant to the Illinois |
22 | | Campaign Finance Act or the Federal
Election Campaign Act and |
23 | | to governmental entities, at their request and at a reasonable |
24 | | cost.
To protect the privacy and confidentiality of voter |
25 | | registration information,
the disclosure
of electronic voter |
26 | | registration records to any person or entity other than to a
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1 | | State or local political
committee and other than to a |
2 | | governmental entity for a governmental
purpose is specifically |
3 | | prohibited except as follows: subject to security measures |
4 | | adopted by the State Board of Elections which, at a minimum, |
5 | | shall include the keeping of a catalog or database, available |
6 | | for public view, including the name, address, and telephone |
7 | | number of the person viewing or receiving the list as well as |
8 | | the date time of that viewing or transmission , (i) any person |
9 | | may view the centralized statewide voter registration list on a |
10 | | computer screen at the Springfield office of the State Board of |
11 | | Elections, during normal business hours other than during the |
12 | | 27 days before an election, and (ii) electronic voter |
13 | | registration records shall be furnished at a reasonable cost to |
14 | | any person who makes a sworn affidavit that the list will |
15 | | solely be used for bona fide election, scholarly, or |
16 | | journalistic purposes, as determined by the State Board of |
17 | | Elections. Electronic voter registration records furnished to |
18 | | members of the public shall not disclose email addresses or |
19 | | birth day or birth month but shall disclose birth year. but the |
20 | | person viewing the list under this exception may not print, |
21 | | duplicate, transmit, or alter the list. Copies of
the tapes, |
22 | | discs, or other electronic data shall be furnished by the |
23 | | county
clerk to local political committees and governmental |
24 | | entities at their request and at a
reasonable cost.
Reasonable |
25 | | cost of the tapes, discs, et cetera for
this purpose would be |
26 | | the cost of duplication plus 15% for
administration. The |
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1 | | individual representing a political committee
requesting |
2 | | copies of such records tapes shall make a sworn affidavit that |
3 | | the
information shall be used only for bona fide election |
4 | | political purposes,
including by or for candidates for office |
5 | | or incumbent office holders. Reasonable cost of voter |
6 | | registration records or data for these purposes would be the |
7 | | cost of duplication plus 15% for administration. |
8 | | Voter registration records shall be furnished without |
9 | | charge or at a reduced charge, as determined by the State Board |
10 | | of Elections or the county clerk, if the person requesting the |
11 | | records states the specific purpose for the request and |
12 | | indicates that a waiver or reduction of the fee is in the |
13 | | public interest. Waiver or reduction of the fee is in the |
14 | | public interest if the principal purpose of the request is to |
15 | | access and disseminate information regarding the legal rights |
16 | | of the general public and is not for the principal purpose of |
17 | | personal or commercial benefit. For purposes of this paragraph, |
18 | | "commercial benefit" shall not apply to requests made by news |
19 | | media. In setting the amount of the waiver or reduction, the |
20 | | State Board of Elections or the county clerk may take into |
21 | | consideration the amount of materials requested and the cost of |
22 | | copying them. |
23 | | Voter registration records or
Such tapes, discs or other |
24 | | electronic data shall not be used under any
circumstances for |
25 | | any personal, private, or commercial purpose, including, but |
26 | | not limited to, the intimidation, threat, or deception of any |
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1 | | person or the advertising, solicitation, sale, or marketing of |
2 | | products or services by any political committee or individuals |
3 | | for purposes of
commercial solicitation or other business |
4 | | purposes . If such tapes
contain information on county residents |
5 | | related to the operations of
county government in addition to |
6 | | registration information, that
information shall not be used |
7 | | under any circumstances for commercial
solicitation or other |
8 | | business purposes. Voter registration records or data shall not |
9 | | be placed for unrestricted access on the Internet. |
10 | | Notwithstanding any other law, the Illinois driver's license |
11 | | number, the Illinois identification card number, the social |
12 | | security number, and any other unique identifier used by the |
13 | | State of Illinois for purposes of voter identification or added |
14 | | to voter registration records to comply with the requirements |
15 | | of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. |
16 | | 20901 et seq.), are confidential and shall not be disclosed to |
17 | | any person. Voter registration records or data shall not be |
18 | | furnished to any person residing outside of the United States. |
19 | | The prohibition in this
Section against using the computer |
20 | | tapes or computer discs or other
electronic data processing |
21 | | information containing voter registration
information for |
22 | | purposes of commercial solicitation or other business
purposes |
23 | | shall be prospective only from the effective date of this
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24 | | amended Act of 1979. Any person who knowingly violates this |
25 | | provision shall be
guilty of a Class 4 felony. A governmental |
26 | | entity, or officer or employee thereof, shall not be held |
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1 | | civilly liable as a result of disclosure of the information |
2 | | referred to in this Section, unless by a showing of gross |
3 | | negligence or willfulness.
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4 | | The State Board of Elections shall promulgate, by October |
5 | | 1, 1987, such
regulations as may be necessary to ensure |
6 | | uniformity throughout the State
in electronic data processing |
7 | | of voter registration information. The
regulations shall |
8 | | include, but need not be limited to, specifications for
uniform |
9 | | medium, communications protocol and file structure to be |
10 | | employed
by the election authorities of this State in the |
11 | | electronic data processing
of voter registration information. |
12 | | Each election authority utilizing
electronic data processing |
13 | | of voter registration information shall comply
with such |
14 | | regulations on and after May 15, 1988.
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15 | | If the applicant for registration was last registered in |
16 | | another
county within this State, he shall also sign a |
17 | | certificate authorizing
cancellation of the former |
18 | | registration. The certificate shall be in
substantially the |
19 | | following form:
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20 | | To the County Clerk of.... County, Illinois. (or)
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21 | | To the Election Commission of the City of ...., Illinois.
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22 | | This is to certify that I am registered in your (county) |
23 | | (city) and
that my residence was ............................
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24 | | Having moved out of your (county) (city), I hereby authorize |
25 | | you to
cancel said registration in your office.
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26 | | Dated at ...., Illinois, on (insert date).
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1 | | .................................
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2 | | (Signature of Voter)
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3 | | Attest: ................, County Clerk, .............
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4 | | County, Illinois.
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5 | | The cancellation certificate shall be mailed immediately |
6 | | by the
County Clerk to the County Clerk (or election commission |
7 | | as the case may
be) where the applicant was formerly |
8 | | registered. Receipt of such
certificate shall be full authority |
9 | | for cancellation of any previous
registration.
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10 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
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11 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
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12 | | Sec. 5-7. The county clerk shall provide a sufficient |
13 | | number of
blank forms for the registration of electors which |
14 | | shall be known as
registration record cards and which shall |
15 | | consist of loose leaf sheets
or cards, of suitable size to |
16 | | contain in plain writing and figures the
data hereinafter |
17 | | required thereon or shall consist of computer cards of
suitable |
18 | | nature to contain the data required thereon. The registration
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19 | | record cards, which shall include an affidavit of registration |
20 | | as
hereinafter provided, shall be executed in duplicate.
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21 | | The registration record card shall contain the following |
22 | | and such
other information as the county clerk may think it |
23 | | proper to require for
the identification of the applicant for |
24 | | registration:
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25 | | Name. The name of the applicant, given giving surname and |
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1 | | first or
Christian name in full, and the middle name or the |
2 | | initial for such
middle name, if any.
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3 | | Sex.
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4 | | Residence. The name and number of the street, avenue, or |
5 | | other
location of the dwelling, including the apartment, unit |
6 | | or room number,
if any, and in the case of a mobile home the lot |
7 | | number, and such additional
clear and definite description as |
8 | | may be necessary to determine the exact
location of the |
9 | | dwelling of the applicant, including post-office mailing
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10 | | address. In the case of a homeless individual, the individual's |
11 | | voting
residence that is his or her mailing address shall be |
12 | | included on his or her
registration record card.
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13 | | Term of residence in the State of Illinois and the |
14 | | precinct. Which
questions may be answered by the applicant |
15 | | stating, in excess of 30 days
in the State and in excess of 30 |
16 | | days in the precinct.
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17 | | Nativity. The State or country in which the applicant was |
18 | | born.
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19 | | Citizenship. Whether the applicant is native born or |
20 | | naturalized. If
naturalized, the court, place and date of |
21 | | naturalization.
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22 | | Date of application for registration, i.e., the day, month |
23 | | and year
when applicant presented himself for registration.
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24 | | Age. Date of birth, by month, day and year.
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25 | | Physical disability of the applicant, if any, at the time |
26 | | of
registration, which would require assistance in voting.
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1 | | The county and state in which the applicant was last |
2 | | registered.
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3 | | Electronic mail address, if any. |
4 | | Signature of voter. The applicant, after the registration |
5 | | and in the
presence of a deputy registrar or other officer of |
6 | | registration shall be
required to sign his or her name in ink |
7 | | or digitized form to the affidavit on the original
and |
8 | | duplicate registration record card.
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9 | | Signature of Deputy Registrar.
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10 | | In case applicant is unable to sign his name, he may affix |
11 | | his mark
to the affidavit. In such case the officer empowered |
12 | | to give the
registration oath shall write a detailed |
13 | | description of the applicant in
the space provided at the |
14 | | bottom of the card or sheet; and shall ask the
following |
15 | | questions and record the answers thereto:
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16 | | Father's first name .......................
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17 | | Mother's first name .......................
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18 | | From what address did you last register?
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19 | | Reason for inability to sign name.
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20 | | Each applicant for registration shall make an affidavit in
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21 | | substantially the following form:
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22 | | AFFIDAVIT OF REGISTRATION
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23 | | State of Illinois)
|
24 | | )ss
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25 | | County of )
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26 | | I hereby swear (or affirm) that I am a citizen of the |
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1 | | United States;
that on the date of the next election I shall |
2 | | have resided in the State
of Illinois and in the election |
3 | | precinct in which I reside 30 days; that
I am fully qualified |
4 | | to vote. That I intend that this location shall be
my residence |
5 | | and that the above statements are true.
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6 | | ..............................
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7 | | (His or her signature or mark)
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8 | | Subscribed and sworn to before me on (insert date).
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9 | | .........................................
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10 | | Signature of Registration Officer.
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11 | | (To be signed in presence of Registrant.)
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12 | | Space shall be provided upon the face of each registration |
13 | | record
card for the notation of the voting record of the person |
14 | | registered
thereon.
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15 | | Each registration record card shall be numbered according |
16 | | to towns
and precincts, wards, cities and villages, as the case |
17 | | may be, and may
be serially or otherwise marked for |
18 | | identification in such manner as the
county clerk may |
19 | | determine.
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20 | | The registration cards shall be deemed public records and |
21 | | shall be
open to inspection during regular business hours, |
22 | | except during the 27
days immediately preceding any election. |
23 | | On written request of any
candidate or objector or any person |
24 | | intending to object to a petition, the
election authority shall |
25 | | extend its hours for inspection of registration
cards and other |
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| | HB4694 | - 15 - | LRB101 18555 SMS 68009 b |
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1 | | records of the election authority during the period
beginning |
2 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
3 | | 28-3 and continuing through the termination of electoral board |
4 | | hearings on
any objections to petitions containing signatures |
5 | | of registered voters in
the jurisdiction of the election |
6 | | authority. The extension shall be for a
period of hours |
7 | | sufficient to allow adequate opportunity for examination of
the |
8 | | records but the election authority is not required to extend |
9 | | its hours
beyond the period beginning at its normal opening for |
10 | | business and ending
at midnight. If the business hours are so |
11 | | extended, the election authority
shall post a public notice of |
12 | | such extended hours. Registration record cards
may also be |
13 | | inspected, upon approval of the officer in charge of the cards,
|
14 | | during the 27 days immediately preceding any election. |
15 | | Registration
record
cards shall also be open to inspection by |
16 | | certified judges and poll watchers
and challengers at the |
17 | | polling place on election day, but only to the extent
necessary |
18 | | to determine the question of the right of a person to vote or |
19 | | to
serve as a judge of election. At no time shall poll watchers |
20 | | or challengers be
allowed to physically handle the registration |
21 | | record cards.
|
22 | | Updated copies of computer tapes or computer discs or other |
23 | | electronic data
processing information containing voter |
24 | | registration information shall
be furnished by the county clerk |
25 | | within 10 days after December 15 and
May
15 each year and |
26 | | within 10 days after each registration
period is closed to the |
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| | HB4694 | - 16 - | LRB101 18555 SMS 68009 b |
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1 | | State Board of Elections in a form
prescribed by the
Board. For |
2 | | the purposes of this Section, a registration period is closed |
3 | | 27
days before the date of any regular or special election. |
4 | | Registration
information
shall include, but not be limited to, |
5 | | the
following information: name, sex, residence, telephone |
6 | | number, if any, age,
party affiliation, if applicable, |
7 | | precinct, ward, township, county, and
representative, |
8 | | legislative and congressional districts. In the event of
|
9 | | noncompliance, the State Board of Elections is directed to |
10 | | obtain compliance
forthwith with this nondiscretionary duty of |
11 | | the election authority by
instituting legal proceedings in the |
12 | | circuit court of the county in which the
election authority |
13 | | maintains the registration information. The costs of
|
14 | | furnishing updated copies of tapes or discs shall be paid at a |
15 | | rate of $.00034
per name of registered voters in the election |
16 | | jurisdiction, but not less than
$50 per tape or disc and shall |
17 | | be paid from appropriations made to the State
Board of |
18 | | Elections for reimbursement to the election authority for such
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19 | | purpose. The State Board shall furnish copies of such tapes, |
20 | | discs, other electronic
data or compilations thereof to state |
21 | | political committees registered pursuant
to the Illinois |
22 | | Campaign Finance Act or the Federal Election Campaign Act and |
23 | | to governmental entities, at
their request and at a reasonable |
24 | | cost.
To protect the privacy and confidentiality of voter |
25 | | registration information,
the disclosure
of electronic voter |
26 | | registration records to any person or entity other than to a
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| | HB4694 | - 17 - | LRB101 18555 SMS 68009 b |
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1 | | State or local political
committee and other than to a |
2 | | governmental entity for a governmental
purpose
is specifically |
3 | | prohibited except as follows: subject to security measures |
4 | | adopted by the State Board of Elections which, at a minimum, |
5 | | shall include the keeping of a catalog or database, available |
6 | | for public view, including the name, address, and telephone |
7 | | number of the person viewing the list as well as the date time |
8 | | of that viewing or transmission , (i) any person may view the |
9 | | centralized statewide voter registration list on a computer |
10 | | screen at the Springfield office of the State Board of |
11 | | Elections, during normal business hours other than during the |
12 | | 27 days before an election, and (ii) electronic voter |
13 | | registration records shall be furnished at a reasonable cost to |
14 | | any person who makes a sworn affidavit that the list will |
15 | | solely be used for bona fide election, scholarly, or |
16 | | journalistic purposes, as determined by the State Board of |
17 | | Elections. Electronic voter registration records furnished to |
18 | | members of the public shall not disclose email addresses or |
19 | | birth day or birth month but shall disclose birth year. but the |
20 | | person viewing the list under this exception may not print, |
21 | | duplicate, transmit, or alter the list.
Copies of the tapes, |
22 | | discs or other
electronic data shall be furnished by the county |
23 | | clerk to local political
committees and governmental entities |
24 | | at their request and at a reasonable cost. Reasonable cost of |
25 | | the
tapes, discs, et cetera for this purpose would be the cost |
26 | | of duplication plus
15% for administration. The individual |
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| | HB4694 | - 18 - | LRB101 18555 SMS 68009 b |
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1 | | representing a political committee
requesting copies of such |
2 | | records tapes shall make a sworn affidavit that the
information |
3 | | shall be used only for bona fide election political purposes,
|
4 | | including by or for candidates for office or incumbent office |
5 | | holders. Reasonable cost of voter registration records or data |
6 | | for these purposes would be the cost of duplication plus 15% |
7 | | for administration. |
8 | | Voter registration records shall be furnished without |
9 | | charge or at a reduced charge, as determined by the State Board |
10 | | of Elections or the county clerk, if the person requesting the |
11 | | records states the specific purpose for the request and |
12 | | indicates that a waiver or reduction of the fee is in the |
13 | | public interest. Waiver or reduction of the fee is in the |
14 | | public interest if the principal purpose of the request is to |
15 | | access and disseminate information regarding the legal rights |
16 | | of the general public and is not for the principal purpose of |
17 | | personal or commercial benefit. For purposes of this paragraph, |
18 | | "commercial benefit" shall not apply to requests made by news |
19 | | media. In setting the amount of the waiver or reduction, the |
20 | | State Board of Elections or the county clerk may take into |
21 | | consideration the amount of materials requested and the cost of |
22 | | copying them.
|
23 | | Voter registration records or Such tapes, discs or other |
24 | | electronic data shall not be used under any
circumstances for |
25 | | any personal, private, or commercial purpose, including, but |
26 | | not limited to, the intimidation, threat, or deception of any |
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| | HB4694 | - 19 - | LRB101 18555 SMS 68009 b |
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1 | | person or the advertising, solicitation, sale, or marketing of |
2 | | products or services by any political committee or individuals |
3 | | for purposes of
commercial solicitation or other business |
4 | | purposes . If such records tapes
contain information on county |
5 | | residents related to the operations of
county government in |
6 | | addition to registration information, that
information shall |
7 | | not be used under any circumstances for commercial
solicitation |
8 | | or other business purposes. Voter registration records or data |
9 | | shall not be placed for unrestricted access on the Internet. |
10 | | Notwithstanding any other law, the Illinois driver's license |
11 | | number, the Illinois identification card number, the social |
12 | | security number, and any other unique identifier used by the |
13 | | State of Illinois for purposes of voter identification or added |
14 | | to voter registration records to comply with the requirements |
15 | | of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. |
16 | | 20901 et seq.), are confidential and shall not be disclosed to |
17 | | any person. Voter registration records or data shall not be |
18 | | furnished to any person residing outside of the United States. |
19 | | Any person who knowingly violates this provision shall be |
20 | | guilty of a Class 4 felony. A governmental entity, or officer |
21 | | or employee thereof, shall not be held civilly liable as a |
22 | | result of disclosure of the information referred to in this |
23 | | Section, unless by a showing of gross negligence or |
24 | | willfulness. The prohibition in this
Section against using the |
25 | | computer tapes or computer discs or other
electronic data |
26 | | processing information containing voter registration
|
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| | HB4694 | - 20 - | LRB101 18555 SMS 68009 b |
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1 | | information for purposes of commercial solicitation or other |
2 | | business
purposes shall be prospective only from the effective |
3 | | date of this
amended Act of 1979. Any person who violates this |
4 | | provision shall be
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
uniform |
10 | | medium, communications protocol and file structure to be |
11 | | 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.
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1 | | Dated at .... Illinois, on (insert date).
|
2 | | ....................
|
3 | | (Signature of Voter)
|
4 | | Attest ......, County Clerk, ........ County, Illinois.
|
5 | | The cancellation certificate shall be mailed immediately |
6 | | by the
county clerk to the county clerk (or election commission |
7 | | as the case may
be) where the applicant was formerly |
8 | | registered. Receipt of such
certificate shall be full authority |
9 | | for cancellation of any previous
registration.
|
10 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|
11 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
12 | | Sec. 6-35. The Boards of Election Commissioners shall |
13 | | provide a
sufficient number of blank forms for the registration |
14 | | of electors which
shall be known as registration record cards |
15 | | and which shall consist of
loose leaf sheets or cards, of |
16 | | suitable size to contain in plain writing
and figures the data |
17 | | hereinafter required thereon or shall consist of computer
cards |
18 | | of suitable nature to contain the data required thereon. The |
19 | | registration
record cards, which shall include an affidavit of |
20 | | registration as
hereinafter provided, shall be executed in |
21 | | duplicate. The duplicate of
which may be a carbon copy of the |
22 | | original or a copy of the original
made by the use of other |
23 | | method or material used for making simultaneous
true copies or |
24 | | duplications.
|
25 | | The registration record card shall contain the following |
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1 | | and such
other information as the Board of Election |
2 | | Commissioners may think it
proper to require for the |
3 | | identification of the applicant for
registration:
|
4 | | Name. The name of the applicant, given giving surname and |
5 | | first or
Christian name in full, and the middle name or the |
6 | | initial for such
middle name, if any.
|
7 | | Sex.
|
8 | | Residence. The name and number of the street, avenue, or |
9 | | other
location of the dwelling, including the apartment, unit |
10 | | or room number,
if any, and in the case of a mobile home the lot |
11 | | number, and such additional
clear and definite description as |
12 | | may be necessary to determine the exact
location of the |
13 | | dwelling of the applicant, including post-office mailing
|
14 | | address. In the case of a homeless individual, the individual's |
15 | | voting
residence that is his or her mailing address shall be |
16 | | included on his or her
registration record card.
|
17 | | Term of residence in the State of Illinois and the |
18 | | precinct.
|
19 | | Nativity. The state or country in which the applicant was |
20 | | born.
|
21 | | Citizenship. Whether the applicant is native born or |
22 | | naturalized. If
naturalized, the court, place, and date of |
23 | | naturalization.
|
24 | | Date of application for registration, i.e., the day, month |
25 | | and year
when the applicant presented himself for registration.
|
26 | | Age. Date of birth, by month, day and year.
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1 | | Physical disability of the applicant, if any, at the time |
2 | | of
registration, which would require assistance in voting.
|
3 | | The county and state in which the applicant was last |
4 | | registered.
|
5 | | Electronic mail address, if any. |
6 | | Signature of voter. The applicant, after registration and |
7 | | in the
presence of a deputy registrar or other officer of |
8 | | registration shall be
required to sign his or her name in ink |
9 | | or digitized form to the affidavit on both the
original and the |
10 | | duplicate registration record card.
|
11 | | Signature of deputy registrar.
|
12 | | In case applicant is unable to sign his name, he may affix |
13 | | his mark
to the affidavit. In such case the registration |
14 | | officer shall write a
detailed description of the applicant in |
15 | | the space provided at the
bottom of the card or sheet; and |
16 | | shall ask the following questions and
record the answers |
17 | | thereto:
|
18 | | Father's first name .........................
|
19 | | Mother's first name .........................
|
20 | | From what address did you last register? ....
|
21 | | Reason for inability to sign name ...........
|
22 | | Each applicant for registration shall make an affidavit in
|
23 | | substantially the following form:
|
24 | | AFFIDAVIT OF REGISTRATION
|
25 | | State of Illinois )
|
26 | | )ss
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| | HB4694 | - 24 - | LRB101 18555 SMS 68009 b |
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1 | | County of ....... )
|
2 | | I hereby swear (or affirm) that I am a citizen of the |
3 | | United States,
that on the day of the next election I shall |
4 | | have resided in the State
of Illinois and in the election |
5 | | precinct 30 days and that I intend that
this location is my |
6 | | residence; that I am fully qualified to
vote, and that the |
7 | | above statements are true.
|
8 | | ..............................
|
9 | | (His or her signature or mark)
|
10 | | Subscribed and sworn to before me on (insert date).
|
11 | | ......................................
|
12 | | Signature of registration officer
|
13 | | (to be signed in presence of registrant).
|
14 | | Space shall be provided upon the face of each registration |
15 | | record
card for the notation of the voting record of the person |
16 | | registered
thereon.
|
17 | | Each registration record card shall be numbered according |
18 | | to wards or
precincts, as the case may be, and may be serially |
19 | | or otherwise marked
for identification in such manner as the |
20 | | Board of Election Commissioners
may determine.
|
21 | | The registration cards shall be deemed public records and |
22 | | shall be
open to inspection during regular business hours, |
23 | | except during the 27
days immediately preceding any election. |
24 | | On written request of any
candidate or objector or any person |
25 | | intending to object to a petition, the
election authority shall |
26 | | extend its hours for inspection of registration
cards and other |
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1 | | records of the election authority during the period
beginning |
2 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
3 | | 28-3 and continuing through the termination of electoral board |
4 | | hearings on
any objections to petitions containing signatures |
5 | | of registered voters in
the jurisdiction of the election |
6 | | authority. The extension shall be for a
period of hours |
7 | | sufficient to allow adequate opportunity for examination of
the |
8 | | records but the election authority is not required to extend |
9 | | its hours
beyond the period beginning at its normal opening for |
10 | | business and ending
at midnight. If the business hours are so |
11 | | extended, the election authority
shall post a public notice of |
12 | | such extended hours. Registration record cards
may also be |
13 | | inspected, upon approval of the officer in charge of the cards,
|
14 | | during the 27 days immediately preceding any election. |
15 | | Registration
record
cards shall also be open to inspection by |
16 | | certified judges and poll watchers
and challengers at the |
17 | | polling place on election day, but only to the extent
necessary |
18 | | to determine the question of the right of a person to vote or |
19 | | to
serve as a judge of election. At no time shall poll watchers |
20 | | or challengers be
allowed to physically handle the registration |
21 | | record cards.
|
22 | | Updated copies of computer tapes or computer discs or other |
23 | | electronic data
processing information containing voter |
24 | | registration information shall
be furnished by the Board of |
25 | | Election Commissioners within 10 days after
December 15 and May |
26 | | 15 each year and within 10
days after each registration period |
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| | HB4694 | - 26 - | LRB101 18555 SMS 68009 b |
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1 | | is closed to the State Board
of Elections in a
form prescribed |
2 | | by the State Board. For the purposes of this Section, a
|
3 | | registration period is closed 27 days before the date of any |
4 | | regular
or special
election. Registration information shall
|
5 | | include, but not be limited to, the following information: |
6 | | name, sex,
residence, telephone number, if any, age, party |
7 | | affiliation, if
applicable, precinct, ward, township, county, |
8 | | and representative,
legislative and congressional districts. |
9 | | In the event of noncompliance,
the State Board of Elections is |
10 | | directed to obtain compliance forthwith
with this |
11 | | nondiscretionary duty of the election authority by instituting
|
12 | | legal proceedings in the circuit court of the county in which |
13 | | the election
authority maintains the registration information. |
14 | | The costs of furnishing
updated copies of tapes or discs shall |
15 | | be paid at a rate of $.00034
per name of registered voters in |
16 | | the election jurisdiction, but not less
than $50 per tape or |
17 | | disc and shall be paid from appropriations made to the
State |
18 | | Board of Elections for reimbursement to the election authority |
19 | | for
such purpose. The State Board shall furnish copies of such |
20 | | tapes, discs,
other electronic data or compilations thereof to |
21 | | state political committees
registered pursuant to the Illinois |
22 | | Campaign Finance Act or the Federal
Election Campaign Act and |
23 | | to governmental entities, at their request and at a reasonable |
24 | | cost.
To protect the privacy and confidentiality of voter |
25 | | registration information,
the disclosure
of electronic voter |
26 | | registration records to any person or entity other than to a
|
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| | HB4694 | - 27 - | LRB101 18555 SMS 68009 b |
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1 | | State or local political
committee and other than to a |
2 | | governmental entity for a governmental
purpose is specifically |
3 | | prohibited except as follows: subject to security measures |
4 | | adopted by the State Board of Elections which, at a minimum, |
5 | | shall include the keeping of a catalog or database, available |
6 | | for public view, including the name, address, and telephone |
7 | | number of the person viewing or receiving the list as well as |
8 | | the date time of that viewing or transmission , (i) any person |
9 | | may view the centralized statewide voter registration list on a |
10 | | computer screen at the Springfield office of the State Board of |
11 | | Elections, during normal business hours other than during the |
12 | | 27 days before an election, and (ii) electronic voter |
13 | | registration records shall be furnished at a reasonable cost to |
14 | | any person who makes a sworn affidavit that the list will |
15 | | solely be used for bona fide election, scholarly, or |
16 | | journalistic purposes, as determined by the State Board of |
17 | | Elections. Electronic voter registration records furnished to |
18 | | members of the public shall not disclose email addresses or |
19 | | birth day or birth month but shall disclose birth year. but the |
20 | | person viewing the list under this exception may not print, |
21 | | duplicate, transmit, or alter the list.
Copies of the
tapes, |
22 | | discs or other electronic data shall be furnished by the Board |
23 | | of
Election Commissioners to local political committees and |
24 | | governmental entities at their request and at a
reasonable |
25 | | cost. Reasonable cost of the tapes, discs, et cetera for
this |
26 | | purpose would be the cost of duplication plus 15% for
|
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| | HB4694 | - 28 - | LRB101 18555 SMS 68009 b |
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1 | | administration. The individual representing a political |
2 | | committee
requesting copies of such tapes shall make a sworn |
3 | | affidavit that the
information shall be used only for bona fide |
4 | | political purposes,
including by or for candidates for office |
5 | | or incumbent office holders. Reasonable cost of voter |
6 | | registration records or data for these purposes would be the |
7 | | cost of duplication plus 15% for administration. |
8 | | Voter registration records shall be furnished without |
9 | | charge or at a reduced charge, as determined by the State Board |
10 | | of Elections or the county clerk, if the person requesting the |
11 | | records states the specific purpose for the request and |
12 | | indicates that a waiver or reduction of the fee is in the |
13 | | public interest. Waiver or reduction of the fee is in the |
14 | | public interest if the principal purpose of the request is to |
15 | | access and disseminate information regarding the legal rights |
16 | | of the general public and is not for the principal purpose of |
17 | | personal or commercial benefit. For purposes of this paragraph, |
18 | | "commercial benefit" shall not apply to requests made by news |
19 | | media. In setting the amount of the waiver or reduction, the |
20 | | State Board of Elections or the county clerk may take into |
21 | | consideration the amount of materials requested and the cost of |
22 | | copying them. |
23 | | Voter registration records or
Such tapes, discs or other |
24 | | electronic data shall not be used under any
circumstances for |
25 | | any personal, private, or commercial purpose, including, but |
26 | | not limited to, the intimidation, threat, or deception of any |
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| | HB4694 | - 29 - | LRB101 18555 SMS 68009 b |
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1 | | person or the advertising, solicitation, sale, or marketing of |
2 | | products or services by any political committee or individuals |
3 | | for purposes of
commercial solicitation or other business |
4 | | purposes . If such records tapes
contain information on county |
5 | | residents related to the operations of
county government in |
6 | | addition to registration information, that
information shall |
7 | | not be used under any circumstances for commercial
solicitation |
8 | | or other business purposes. Voter registration records or data |
9 | | shall not be placed for unrestricted access on the Internet. |
10 | | Notwithstanding any other law, the Illinois driver's license |
11 | | number, the Illinois identification card number, the social |
12 | | security number, and any other unique identifier used by the |
13 | | State of Illinois for purposes of voter identification or added |
14 | | to voter registration records to comply with the requirements |
15 | | of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. |
16 | | 20901 et seq.), are confidential and shall not be disclosed to |
17 | | any person. Voter registration records or data shall not be |
18 | | furnished to any person residing outside of the United States. |
19 | | The prohibition in this
Section against using the computer |
20 | | tapes or computer discs or other
electronic data processing |
21 | | information containing voter registration
information for |
22 | | purposes of commercial solicitation or other business
purposes |
23 | | shall be prospective only from the effective date of this
|
24 | | amended Act of 1979. Any person who knowingly violates this |
25 | | provision shall be
guilty of a Class 4 felony. A governmental |
26 | | entity, or officer or employee thereof, shall not be held |
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| | HB4694 | - 30 - | LRB101 18555 SMS 68009 b |
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1 | | civilly liable as a result of disclosure of the information |
2 | | referred to in this Section, unless by a showing of gross |
3 | | negligence or willfulness.
|
4 | | The State Board of Elections shall promulgate, by October |
5 | | 1, 1987, such
regulations as may be necessary to ensure |
6 | | uniformity throughout the State
in electronic data processing |
7 | | of voter registration information. The
regulations shall |
8 | | include, but need not be limited to, specifications for
uniform |
9 | | medium, communications protocol and file structure to be |
10 | | employed
by the election authorities of this State in the |
11 | | electronic data processing
of voter registration information. |
12 | | Each election authority utilizing
electronic data processing |
13 | | of voter registration information shall comply
with such |
14 | | regulations on and after May 15, 1988.
|
15 | | If the applicant for registration was last registered in |
16 | | another
county within this State, he shall also sign a |
17 | | certificate authorizing
cancellation of the former |
18 | | registration. The certificate shall be in
substantially the |
19 | | following form:
|
20 | | To the County Clerk of .... County, Illinois.
|
21 | | To the Election Commission of the City of ...., Illinois.
|
22 | | This is to certify that I am registered in your (county) |
23 | | (city) and
that my residence was ..... Having moved out of your |
24 | | (county), (city), I
hereby authorize you to cancel that |
25 | | registration in your office.
|
26 | | Dated at ...., Illinois, on (insert date).
|
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| | HB4694 | - 31 - | LRB101 18555 SMS 68009 b |
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1 | | ....................
|
2 | | (Signature of Voter)
|
3 | | Attest ...., Clerk, Election Commission of the City of....,
|
4 | | Illinois.
|
5 | | The cancellation certificate shall be mailed immediately |
6 | | by the clerk
of the Election Commission to the county clerk, |
7 | | (or Election Commission
as the case may be) where the applicant |
8 | | was formerly registered. Receipt
of such certificate shall be |
9 | | full authority for cancellation of any
previous registration.
|
10 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|