HB4068 102ND GENERAL ASSEMBLY

LRB102 18095 SMS 25245 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4068

Introduced 4/23/2021, by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

See Index

Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification or prerequisite to voting or standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote based on race or color or membership in a language minority group. Provides that a county, city, or town that has more than 5% of its eligible voters or 10,000 eligible voters that are members of a single language minority and are unable to speak or understand English adequately to participate in the electoral process shall provide shall also provide election materials in the language of that minority group. Requires notice of certain changes in the election process and allow for a public comment period. Alternatively, allows the election authority to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General to commence a civil action in response to a violation of the provisions. Makes other and conforming changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.

FISCAL 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 1. This Act may be referred to as the Illinois Voting Protection Act.

Section 5. The Election Code is amended by adding Article 3A and Sections 29-21, 29-22, and 29-23 and by changing Sections 17-14, 19A-25, and 29-4 as follows:

(10 ILCS 5/Art. 3A heading new)

ARTICLE 3A. RIGHTS OF VOTERS

(10 ILCS 5/3A-1 new)

Sec. 3A-1. Definitions. As used in this Article, "protected class" means a group of citizens protected from discrimination based on race or color or membership in a language minority.

(10 ILCS 5/3A-5 new)

Sec. 3A-5. Vote denial or dilution.

(a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by the State or any locality in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote based on race or color or membership in a language minority group.

(b) A violation of subsection (a) is established if, on the basis of the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or a locality are not equally open to participation by members of a protected class in that its members have less opportunity than other members of the electorate to participate in the political processes or to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or locality is one circumstance that may be considered.

(c) Nothing in this Section shall be construed to establish a right to have members of a protected class elected in numbers equal to their proportion in the population.

(10 ILCS 5/3A-10 new)

Sec. 3A-10. Impairment of voting rights of registered voters. Nothing in this Article shall be construed to deny, impair, or otherwise adversely affect the right to vote of any registered voter.

(10 ILCS 5/3A-15 new)

Sec. 3A-15. Minority language accessibility.

(a) The State Board of Elections shall designate a county, city, or town as a covered locality if it determines, in consultation with the Census Bureau of the United States Department of Commerce, on the basis of the 2010 American Community Survey census data and subsequent American Community Survey data in 5-year increments, or comparable census data, that (i) more than 5% of the citizens of voting age of the county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; or (ii) more than 10,000 of the citizens of voting age of the county, city, or town are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process.

(b) Whenever a covered locality provides any voting or election materials, it shall provide the materials in the language of the applicable minority group as well as in the English language. For purposes of this requirement, "voting or election materials" means registration or voting notices, forms, instructions, assistance, voter information pamphlets, ballots, sample ballots, candidate qualification information, and notices regarding changes to local election districts, precincts, or polling places. For purposes of this requirement, "registration notices" means any notice of voter registration approval, denial, or cancellation required by this Code. A covered locality may distribute the materials in the preferred language identified by the voter.

(c) The Attorney General, or any qualified voter who is a member of a language minority group for whom a covered locality is required to provide voting or election materials in that language, may institute a cause of action in the circuit court of the covered locality to compel the provision of the voting or election materials in the language of the applicable minority group. In the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney's fee as part of the costs, if the plaintiff is the prevailing party.

(10 ILCS 5/3A-20 new)

Sec. 3A-20. Covered practices; actions required before enactment or administration.

(a) As used in this Section:

"Certification of no objection" means a certification issued by the Attorney General that there is no objection to the enactment or administration of a covered practice by a locality because the covered practice neither has the purpose or effect of denying or abridging the right to vote based on race or color or membership in a language minority group nor will result in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise.

"Covered practice" means:

(1) Any change to the method of election of members of a governing body or an elected school board by adding seats elected at large or by converting one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district;

(2) Any change, or series of changes within a 12-month period, to the boundaries of the locality that reduces by more than 5 percentage points the proportion of the locality's voting age population that is composed of members of a single racial or language minority group, as determined by the most recent American Community Survey data;

(3) Any change to the boundaries of election districts or wards in the locality, including changes made pursuant to a decennial redistricting measure;

(4) Any change that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials in any language other than English; or

(5) Any change that reduces the number of or consolidates or relocates polling places in the locality, except where permitted by law in the event of an emergency.

"Voting age population" means the resident population of persons who are 18 years of age or older, as determined by the most recent American Community Survey data available at the time any change to a covered practice is published pursuant to subsection (b).

(b) Before enacting or seeking to administer any voting qualification or prerequisite to voting, or any standard, practice, or procedure with respect to voting, that is a covered practice, the election authority shall publish on the official website for the locality the proposed covered practice and general notice of opportunity for public comment on the proposed covered practice. The election authority shall also publicize the notice through press releases and other media as will best serve the purpose and subject involved. The notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.

Public comments shall be accepted for a period of no fewer than 30 days. During this period, the election authority shall afford interested persons an opportunity to submit data, views, and arguments in writing by mail, fax, or email or through an online public comment forum on the official website for the locality if one has been established. The election authority shall conduct at least one public hearing during this period to receive public comments on the proposed covered practice.

The election authority may make changes to the proposed covered practice in response to public comments received. If doing so, the revised covered practice shall be published and public comments shall be accepted in accordance with this subsection, except the public comment period shall be no fewer than 15 days.

(c) Following the public comment period or periods prescribed in subsection (b), the election authority shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance giving effect to the practice, maps of proposed boundary changes, or other relevant materials, and notice that the covered practice will take effect in 30 days. During this 30-day waiting period, any person who will be subject to or affected by the covered practice may challenge in the circuit court of the locality where the covered practice is to be implemented the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. In the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney's fee as part of the costs, if the plaintiff is the prevailing party.

(d) The election authority of a locality seeking to administer or implement a covered practice, in lieu of following the provisions of subsections (b) and (c), may submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection. The covered practice shall not be given effect until the Attorney General has issued the certification of no objection. A certification of no objection shall be deemed to have been issued if the Attorney General does not interpose an objection within 60 days after the election authority's submission or if, upon good cause shown and to facilitate an expedited approval within 60 days after the election authority's submission, the Attorney General has affirmatively indicated that no such objection will be made. An affirmative indication by the Attorney General that no objection will be made or the absence of an objection to the covered practice by the Attorney General shall not bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure.

(10 ILCS 5/3A-25 new)

Sec. 3A-25. At-large method of election; limitations; violations; remedies.

(a) An at-large method of election, including one that combines at-large elections with district-based or ward-based elections, shall not be imposed or applied by the election authority of any locality in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class.

(b) A violation of subsection (a) is established if it is shown that racially polarized voting occurs in local elections and that this, in combination with the method of election, dilutes the voting strength of members of a protected class. For purposes of this subsection, "racially polarized voting" refers to the extent to which the candidate preferences of members of the protected class and other voters in the jurisdiction have differed in recent elections for the office at issue and other offices in which the voters have been presented with a choice between candidates who are members of the protected class and candidates who are not members of the protected class. A finding of racially polarized voting or a violation of subsection (a) shall not be precluded by the fact that members of a protected class are not geographically compact or concentrated in a locality. Proof of an intent on the part of voters or elected officials to discriminate against members of a protected class shall not be required to prove a violation of subsection (a).

(c) Any voter who is a member of a protected class and who resides in a locality where a violation of this Section is alleged shall be entitled to initiate a cause of action in the circuit court of the county or city in which the locality is located. In the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney's fee as part of the costs, if the plaintiff is the prevailing party.

(d) Upon a finding of a violation of this Section, the court shall order appropriate remedies that are tailored to remedy the violation, and may monitor the ongoing implementation of remedies so ordered.

(10 ILCS 5/3A-30 new)

Sec. 3A-30. Voter Education and Outreach Fund. There is hereby created in the State treasury a special fund to be known as the Voter Outreach and Education Fund. All penalties and charges directed to the Fund by Section 3A-35 and all other funds from any public or private source directed to the Fund shall be paid into the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Moneys in the Fund shall be used solely for the purposes of educating voters and persons qualified to be voters on the rights ensured to them pursuant to federal and State constitutional and statutory law and remedies.

(10 ILCS 5/3A-35 new)

Sec. 3A-35. Civil actions by Attorney General.

(a) Whenever the Attorney General has reasonable cause to believe that a violation of this Code has occurred and that the rights of any voter or group of voters have been affected by the violation, the Attorney General may commence a civil action in the appropriate circuit court for appropriate relief.

(b) In the civil action, the court may:

(1) Award such preventive relief, including a permanent or temporary injunction, restraining order, and other order against the person responsible for a violation of this Code, as is necessary to assure the full enjoyment of the rights granted by this Code.

(2) Assess a civil penalty against the respondent (i) in an amount not exceeding $50,000 for a first violation and (ii) in an amount not exceeding $100,000 for any subsequent violation. The civil penalties are payable to the Voter Education and Outreach Fund established pursuant to Section 3A-30.

(3) Award a prevailing plaintiff reasonable attorney's fees and costs.

(c) The court or jury may award such other relief to the aggrieved person as the court deems appropriate, including compensatory damages and punitive damages.

(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)

Sec. 17-14. Any voter who declares upon oath, properly witnessed and with his or her signature or mark affixed, that he or she requires assistance to vote by reason of blindness, physical disability or inability to read, write or speak the English language shall, upon request, be assisted in marking his or her ballot, by 2 judges of election of different political parties, to be selected by all judges of election of each precinct at the opening of the polls or by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union. A voter who presents an Illinois Person with a Disability Identification Card, issued to that person under the provisions of the Illinois Identification Card Act, indicating that such voter has a Class 1A or Class 2 disability under the provisions of Section 4A of the Illinois Identification Card Act, or a voter who declares upon oath, properly witnessed, that by reason of any physical disability he is unable to mark his ballot shall, upon request, be assisted in marking his ballot by 2 of the election officers of different parties as provided above in this Section or by a person of the voter's choice other than the voter's employer or agent of that employer or officer or agent of the voter's union. Such voter shall state specifically the reason why he cannot vote without assistance and, in the case of a voter with a physical disability, what his physical disability is. Prior to entering the voting booth, the person providing the assistance, if other than 2 judges of election, shall be presented with written instructions on how assistance shall be provided. This instruction shall be prescribed by the State Board of Elections and shall include the penalties for attempting to influence the voter's choice of candidates, party, or votes in relation to any question on the ballot and for not marking the ballot as directed by the voter. Additionally, the person providing the assistance shall sign an oath, swearing not to influence the voter's choice of candidates, party, or votes in relation to any question on the ballot and to cast the ballot as directed by the voter. The oath shall be prescribed by the State Board of Elections and shall include the penalty for violating this Section. In the voting booth, such person shall mark the ballot as directed by the voter, and shall thereafter give no information regarding the same. The judges of election shall enter upon the poll lists or official poll record after the name of any elector who received such assistance in marking his ballot a memorandum of the fact and if the disability is permanent. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be entitled to assistance in marking his ballot.

In addition, if the voter requires assistance in a language other than English and has not designated a person to assist him, an election officer may assist as an interpreter but shall first inquire of those authorized to be present whether they have a volunteer available who can interpret for the voter. One representative for each party or candidate, insofar as available, shall be permitted to observe the election officer communicate with the voter. In any locality designated as a covered locality pursuant to Section 3A-15, the local election authority shall ensure that interpretation services in the language of the applicable minority group are available and easily accessible to voters needing assistance pursuant to this subsection.

No person shall secure or attempt to secure assistance in voting who is not blind, a person with a physical disability, or illiterate as herein provided, nor shall any person knowingly assist a voter in voting contrary to the provisions of this Section.

(Source: P.A. 99-143, eff. 7-27-15.)

(10 ILCS 5/19A-25)

Sec. 19A-25. Schedule of locations and times for early voting.

(a) The election authority shall publish during the week before the period for early voting and at least once each week during the period for early voting in a newspaper of general circulation in the election authority's jurisdiction a schedule stating:

(1) the location of each permanent and temporary polling place for early voting and the precincts served by each location; and

(2) the dates and hours that early voting will be conducted at each location.

(b) The election authority shall post a copy of the schedule at any office or other location that is to be used as a polling place for early voting. The schedule must be posted continuously for a period beginning not later than the 10th day before the first day of the period for early voting by personal appearance and ending on the last day of that period.

(c) The election authority must make copies of the schedule available to the public in reasonable quantities without charge during the period of posting.

(d) If the election authority maintains a website, it shall make the schedule available on its website.

(e) No additional permanent polling places for early voting may be established after the schedule is published under this Section. Additional temporary locations may be established after the schedule is published, provided that the location is open to all eligible voters. The location, dates, and hours shall be reported to the State Board of Elections and posted on the election authority's website.

(f) At least 10 days before the period for early voting begins, each election authority shall provide the State Board of Elections with a list of all early voting sites and the hours each site will be open.

(g) The election authority shall publish notice of covered practices pursuant to Section 3A-20.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/29-4) (from Ch. 46, par. 29-4)

Sec. 29-4. Prevention of voting or candidate support.

(a) Any person who, by force, intimidation, threat, deception or forgery, knowingly prevents any other person from (a) registering to vote, or (b) lawfully voting, supporting or opposing the nomination or election of any person for public office or any public question voted upon at any election, shall be guilty of a Class 4 felony.

(b) In addition to the criminal penalty provided in subsection (a), such actions shall also create a cause of action. A voter who is intimidated, threatened, or coerced by another person in violation of subsection (a) shall be entitled to institute an action for preventative relief, including an application for a permanent or temporary injunction, restraining order, and other order, against the person. The action shall be instituted in the circuit court of the locality where the violation occurred. In any the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney's fee as part of the costs, if the plaintiff is the prevailing party.

(c) This Section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

(Source: P.A. 78-887.)

(10 ILCS 5/29-21 new)

Sec. 29-21. Intimidation of election officers. Any person who, by bribery, intimidation, threats, coercion, or other means in violation of this Code, willfully hinders or prevents, or attempts to hinder or prevent, the election officers at any polling place, including an early voting polling place and any or other location being used by a locality for voting purposes, from holding an election is guilty of a Class 4 felony.

(10 ILCS 5/29-22 new)

Sec. 29-22. Communication of false information to registered voter.

(a) It shall be unlawful for any person to communicate to a registered voter, by any means, false information, knowing the information to be false, intended to impede the voter in the exercise of his right to vote. The provisions of this Section shall apply to information only about the date, time, and place of the election or the voter's precinct, polling place, or voter registration status or the location of early voting polling places.

(b) Any person who violates the provisions of this Section is guilty of a Class A misdemeanor. The violation may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction in which the communication was received.

(c) In addition to the criminal penalty provided in subsection (b), a violation of the provisions of this Section shall also create a cause of action. A registered voter to whom the false information is communicated shall be entitled to institute an action for preventative relief, including an application for a permanent or temporary injunction, restraining order, and other order, against the person communicating the false information. The action shall be instituted in the circuit court of either the jurisdiction from which the communication was made or the jurisdiction in which the communication was received. In any the action, the court may, in its discretion, allow a private plaintiff a reasonable attorney's fee as part of the costs, if the plaintiff is the prevailing party.

(10 ILCS 5/29-23 new)

Sec. 29-23. Interference with voting.

(a) Any person acting under the color of law who, contrary to an official policy or procedure, fails to permit, or refuses to permit, a qualified voter to vote, or who willfully fails or refuses to tabulate, count, or report the vote of a qualified voter, is subject to a civil penalty in an amount not exceeding $1,000 for each affected voter. The civil penalties shall be payable to the Voter Education and Outreach Fund established pursuant to Section 3A-30.

(b) Any person who furnishes a ballot to a person who he knows cannot understand the language in which the ballot is printed and misinforms him as to the content of the ballot with an intent to deceive him and induce him to vote contrary to his desire is guilty of a Class A misdemeanor. Any person who changes a ballot of a person to prevent the person from voting as he desires is guilty of a Class A misdemeanor. This subsection (b) applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

Section 10. The State Finance Act is amended by adding Section 5.938 as follows:

(30 ILCS 105/5.938 new)

Sec. 5.938. The Voter Education and Outreach Fund.