HB2854 102ND GENERAL ASSEMBLY

LRB102 12086 SMS 17423 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2854

Introduced 2/19/2021, by Rep. Amy Grant

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1-25 new
10 ILCS 5/4-14.1	from Ch. 46, par. 4-14.1
10 ILCS 5/5-9.1	from Ch. 46, par. 5-9.1

Amends the Election Code. Provides that no voter registration may be canceled without following the procedures as required by the National Voter Registration Act of 1993. Provides that the voter registration application or the voter registration card of an inactive voter who has not voted in 2 consecutive general federal elections shall be canceled. Requires a voter's registration be canceled when an election authority receives certain notices regarding the voter's incarceration status, voter disqualification, or death. Provides that the county clerk of the county where a decedent last resided shall (rather than may) issue certifications of death records from an electronic reporting system for death registrations as provided in the Vital Records Act and shall (rather than may) use that system to cancel the registration of any person who died during the preceding month.

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 4-14.1 and 5-9.1 and by adding Section 1-25 as follows:

(10 ILCS 5/1-25 new)

Sec. 1-25. Canceling voter registrations.

(a) This Section implements Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg-5 and gg-6) and the order of the Circuit Court of Cook County entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246 and 95 CO 248 (Consolidated).

(b) No voter registration may be canceled without following the procedures and providing the notice of suspension or cancellation required by Section 8(a) through (d) of the National Voter Registration Act of 1993. The voter registration application or the voter registration card of an inactive voter who has not voted in 2 consecutive general federal elections shall be canceled at the completion of procedures set forth in Section 8(d) of the National Voter Registration Act of 1993, provided that while such procedures are pending, the voter has taken no action specified in the National Voter Registration Act of 1993 to restore his or her name to active voter status.

(c) An election authority shall cancel the voter registration application or voter registration card of a voter upon receipt of a request in writing from the voter to do so. A written acknowledgment by the voter that he or she has changed residence to a place beyond the jurisdiction of the election authority or an attempt to register in another jurisdiction shall be deemed a request to cancel the voter registration.

(d) A voter's registration shall be canceled upon the election authority's receipt of:

(1) a notice from the State Board of Elections that the voter has been incarcerated in a United States correctional facility by reason of conviction;

(2) a certified notice from a state department of corrections or a sheriff of a county in the United States that the voter has been incarcerated in a state or county correctional facility, as the case may be, if:

(A) the certified notice states on its face that the incarceration is a result of a criminal conviction and the crime of which the voter has been convicted; or

(B) the certified notice is accompanied by a certified judgment of conviction or equivalent document issued by the court in which the conviction was obtained;

(3) a certified copy of a judgment of conviction from a court of record that the voter has been convicted of a crime in which it was found that the voter lacked the requisite qualifications to be a voter in Illinois either at the time of conviction or at the time application was made to become a voter, whether or not the voter was incarcerated as a result of such conviction;

(4) a certified copy of a final judgment order of a court of record or a certified copy of the final determination of an administrative tribunal having jurisdiction in which it was found that the voter lacked the requisite qualifications to be a voter in Illinois either at the time of entry of the judgment or determination, or at the time application was made to become a voter; or

(5) a certified copy of the voter's death certificate or equivalent document issued by a department of vital records, wherever situated.

(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)

Sec. 4-14.1. Cancelation of deceased voter's registration. Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding month. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine, monthly, the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, and to cancel the registration of any person who has died during the preceding month.

(Source: P.A. 96-1484, eff. 1-1-11.)

(10 ILCS 5/5-9.1) (from Ch. 46, par. 5-9.1)

Sec. 5-9.1. Cancelation of deceased voter's registration. Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, shall may issue certifications of death records from that system and shall may use that system to cancel the registration of any person who has died during the preceding month and cause the name of each such deceased person to be erased from the register of the precinct in which the deceased person was registered. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine monthly the records deposited in his or her office pursuant to the Vital Records Act that relate to deaths in the county, to cancel the registration of any person who has died during the preceding month and cause the name of each such deceased person to be erased from the register of the precinct in which the deceased person was registered.

(Source: P.A. 96-1484, eff. 1-1-11.)