HB5474 101ST GENERAL ASSEMBLY

LRB101 18148 AWJ 67589 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5474

Introduced , by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

65 ILCS 5/1-1-2	from Ch. 24, par. 1-1-2
65 ILCS 5/1-9-10 new
65 ILCS 5/7-1-1.1	from Ch. 24, par. 7-1-1.1
105 ILCS 5/9-2	from Ch. 122, par. 9-2
105 ILCS 5/9-3 new

Amends the Illinois Municipal Code and School Code. Requires the State Board of Elections to create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in municipal and school board elections. Provides that the elections conducted under the provisions are considered non-State elections and not subject to the citizenship requirement in the Illinois Constitution. Provides what the individual shall attest to in the voter registration affidavit. Provides that the voter registration affidavit shall be valid for one municipal or school board election. Provides the notice that shall appear in the voter registration affidavit.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Sections 1-1-2 and 7-1-1.1 and adding Section 1-9-10 as follows:

(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)

Sec. 1-1-2. Definitions. In this Code:

(1) "Municipal" or "municipality" means a city, village, or incorporated town in the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town that has superseded a civil township, county, school district, park district, sanitary district, or any other similar governmental district. If "municipal" or "municipality" is given a different definition in any particular Division or Section of this Act, that definition shall control in that division or Section only.

(2) "Corporate authorities" means (a) the mayor and aldermen or similar body when the reference is to cities, (b) the president and trustees or similar body when the reference is to villages or incorporated towns, and (c) the council when the reference is to municipalities under the commission form of municipal government.

(3) "Electors" means persons qualified to vote for elective officers at municipal elections or a person qualified to vote under Section 1-9-10.

(4) "Person" means any individual, partnership, corporation, joint stock association, or the State of Illinois or any subdivision of the State; and includes any trustee, receiver, assignee, or personal representative of any of those entities.

(5) Except as otherwise provided by ordinance, "fiscal year" in all municipalities with fewer than 500,000 inhabitants, and "municipal year" in all municipalities, means the period elapsing (a) between general municipal elections in succeeding calendar years, or (b) if general municipal elections are held biennially, then between a general municipal election and the same day of the same month of the following calendar year, and between that day and the next succeeding general municipal election, or (c) if general municipal elections are held quadrennially, then between a general municipal election and the same day of the same month of the following calendar year, and between that day and the same day of the same month of the next following calendar year, and between the last mentioned day and the same day of the same month of the next following calendar year, and between the last mentioned day and the next succeeding general municipal election. The fiscal year of each municipality with 500,000 or more inhabitants shall commence on January 1.

(6) Where reference is made to a county within which a municipality, district, area, or territory is situated, the reference is to the county within which is situated the major part of the area of that municipality, district, area, or territory, in case the municipality, district, area, or territory is situated in 2 or more counties.

(7) Where reference is made for any purpose to any other Act, either specifically or generally, the reference shall be to that Act and to all amendments to that Act now in force or that may be hereafter enacted.

(8) Wherever the words "city council", "aldermen", "commissioners", or "mayor" occur, the provisions containing these words shall apply to the board of trustees, trustees, and president, respectively, of villages and incorporated towns and councilmen in cities, so far as those provisions are applicable to them.

(9) The terms "special charter" and "special Act" are synonymous.

(10) "General municipal election" means the biennial regularly scheduled election for the election of officers of cities, villages, and incorporated towns, as prescribed by the general election law; in the case of municipalities that elect officers annually, "general municipal election" means each regularly scheduled election for the election of officers of cities, villages, and incorporated towns.

(Source: P.A. 87-1119.)

(65 ILCS 5/1-9-10 new)

Sec. 1-9-10. Noncitizen registration for municipal elections.

(a) The State Board of Elections shall create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in municipal elections. Registration affidavits shall be filed with a municipality's clerk.

Elections conducted under this Section, for the purpose of Section 1 of Article III of the Illinois Constitution, are considered non-State elections and are not subject to the citizenship requirement of that Section.

Upon request, a voter may obtain a ballot listing only offices to be elected under this Section.

(b) The voter registration affidavit shall, in addition to any other information required by the State Board of Elections, require the individual to attest under penalty of perjury that:

(1) the individual is not a United States citizen;

(2) the individual is a resident within the boundaries of a municipality and intends to remain a resident within those boundaries until the next municipal election;

(3) at the time of the next municipal election, the individual will be at least 18 years old; and

(4) the individual is not otherwise disqualified from voting under Section 2 of Article III of the Illinois Constitution.

The voter registration affidavit shall also state that it does not entitle an individual to vote for candidates in any other election other than municipal elections, except if registered for school board elections under Section 9-3 of the School Code.

(c) An individual's voter registration affidavit shall be valid for one municipal election. An individual must submit a new voter registration affidavit prior to voting in each municipal election.

(d) The voter registration affidavit shall include the following notice:

"IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES. Any information you provide to the municipality, including your name and address, may be obtained by Immigration and Customs Enforcement (ICE) and other agencies, organizations, and individuals. In addition, if you apply for naturalization, you will be asked whether you have ever registered or voted in a federal, state, or local election in the United States. You may wish to consult with an immigration attorney, an organization that protects immigrant rights, or other knowledgeable source before registering to vote in a local municipal election.".

(e) The notice in subsection (d) shall appear in conspicuous type in contrast by typography, layout, or color with all other words on each document or website where the notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES" shall appear in capital letters. The notice shall be included on both the State Board of Elections' and the municipality's websites.

(65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)

Sec. 7-1-1.1. Elector. For the purposes of this Division 1, "elector" means anyone registered to vote or a person qualified to vote under Section 1-9-10.

(Source: P.A. 90-14, eff. 7-1-97.)

Section 10. The School Code is amended by changing Section 9-2 and by adding Section 9-3 as follows:

(105 ILCS 5/9-2) (from Ch. 122, par. 9-2)

Sec. 9-2. Election Definitions. As used in this Act in connection with elections of school officials and referenda:

(a) "Voter" or "Legal voter" or "elector" means a person qualified to vote under the general election law or a person qualified to vote under Section 9-3.

(b) "Certify" and "certification", when used in connection with elections of officers or referenda, refers to the certification in accordance with the general election law of offices, candidates or propositions to county clerks and boards of election commissioners for inclusion on the ballot at an election.

(c) "Submit" and "submission" when used in connection with a referendum on a proposition or question refers to the submission to the voters in accordance with the general election law of the proposition or question by county clerks and boards of election commissioners.

(d) "Local election official" means the secretary of a board of education, the secretary or clerk of a board of school directors, the treasurer of a township board of school trustees, the secretary of township land commissioners and the regional superintendent of schools with respect to the various school officer elections and school referenda for which the regional superintendent is assigned election duties pursuant to this Code.

(Source: P.A. 84-1338.)

(105 ILCS 5/9-3 new)

Sec. 9-3. Noncitizen registration for school board elections.

(a) The State Board of Elections shall create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in school board elections. Registration affidavits shall be filed with a local board of education.

Elections conducted under this Section, for the purpose of Section 1 of Article III of the Illinois Constitution, are considered non-State elections and are not subject to the citizenship requirement of that Section.

Upon request, a voter may obtain a ballot listing only offices to be elected under this Section.

(b) The voter registration affidavit shall, in addition to any other information required by the State Board of Education, require the individual to attest under penalty of perjury that:

(1) the individual is not a United States citizen;

(2) the individual is a resident within the boundaries of a school district and intends to remain a resident within those boundaries until the next school board election;

(3) the individual is a parent, legal guardian, or caregiver of a child who, at the time of the next school board election, will be under age 19 and resides within the boundaries of a school district;

(4) at the time of the next school board election, the individual will be at least 18 years old; and

(5) the individual is not otherwise disqualified from voting under Section 2 of Article III of the Illinois Constitution.

The voter registration affidavit shall also state that it does not entitle an individual to vote for candidates in any other election other than school board elections, except if registered for municipal elections under Section 1-9-10 of the Illinois Municipal Code.

(c) An individual's voter registration affidavit shall be valid for one school board election. An individual must submit a new voter registration affidavit prior to voting in each school board election.

(d) The voter registration affidavit shall include the following notice:

"IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES. Any information you provide to the local board of education, including your name and address, may be obtained by Immigration and Customs Enforcement (ICE) and other agencies, organizations, and individuals. In addition, if you apply for naturalization, you will be asked whether you have ever registered or voted in a federal, state, or local election in the United States. You may wish to consult with an immigration attorney, an organization that protects immigrant rights, or other knowledgeable source before registering to vote in a local school board election.".

(e) The notice in subsection (d) shall appear in conspicuous type in contrast by typography, layout, or color with all other words on each document or website where the notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES" shall appear in capital letters. The notice shall be included on both the State Board of Elections' and a local school board's websites.