103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3079

 

Introduced 2/2/2024, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-8  from Ch. 46, par. 4-8
10 ILCS 5/4-106 new
10 ILCS 5/5-7  from Ch. 46, par. 5-7
10 ILCS 5/5-106 new
10 ILCS 5/6-35  from Ch. 46, par. 6-35
10 ILCS 5/6-106 new

    Amends the Election Code. Provides that, except during the 27 days immediately preceding any election, the State Board of Elections may furnish electronic voter registration records at a reasonable cost to any person who makes a sworn affidavit. Sets forth restrictions on the information that may be disclosed. Provides that voter registration records or data shall be limited to bona fide election purposes and shall not be used for any personal, private, or commercial purpose, including, but not limited to, the intimidation, threat, or deception of any person or the advertising, solicitation, sale, or marketing of products or services. Sets forth penalties for violations of these provisions. Makes conforming changes.


LRB103 37975 SPS 68107 b

 

 

A BILL FOR

 

SB3079LRB103 37975 SPS 68107 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 4-8, 5-7, and 6-35 and by adding Sections 4-106,
65-106, and 6-106 as follows:
 
7    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
8    Sec. 4-8. The county clerk shall provide a sufficient
9number of blank forms for the registration of electors, which
10shall be known as registration record cards and which shall
11consist of loose leaf sheets or cards, of suitable size to
12contain in plain writing and figures the data hereinafter
13required thereon or shall consist of computer cards of
14suitable nature to contain the data required thereon. The
15registration record cards, which shall include an affidavit of
16registration as hereinafter provided, shall be executed in
17duplicate.
18    The registration record card shall contain the following
19and such other information as the county clerk may think it
20proper to require for the identification of the applicant for
21registration:
22    Name. The name of the applicant, giving surname and first
23or Christian name in full, and the middle name or the initial

 

 

SB3079- 2 -LRB103 37975 SPS 68107 b

1for such middle name, if any.
2    Sex.
3    Residence. The name and number of the street, avenue, or
4other location of the dwelling, including the apartment, unit
5or room number, if any, and in the case of a mobile home the
6lot number, and such additional clear and definite description
7as may be necessary to determine the exact location of the
8dwelling of the applicant. Where the location cannot be
9determined by street and number, then the section,
10congressional township and range number may be used, or such
11other description as may be necessary, including post-office
12mailing address. In the case of a homeless individual, the
13individual's voting residence that is his or her mailing
14address shall be included on his or her registration record
15card.
16    Term of residence in the State of Illinois and precinct.
17This information shall be furnished by the applicant stating
18the place or places where he resided and the dates during which
19he resided in such place or places during the year next
20preceding the date of the next ensuing election.
21    Nativity. The state or country in which the applicant was
22born.
23    Citizenship. Whether the applicant is native born or
24naturalized. If naturalized, the court, place, and date of
25naturalization.
26    Date of application for registration, i.e., the day, month

 

 

SB3079- 3 -LRB103 37975 SPS 68107 b

1and year when applicant presented himself for registration.
2    Age. Date of birth, by month, day and year.
3    Physical disability of the applicant, if any, at the time
4of registration, which would require assistance in voting.
5    The county and state in which the applicant was last
6registered.
7    Electronic mail address, if any.
8    Signature of voter. The applicant, after the registration
9and in the presence of a deputy registrar or other officer of
10registration shall be required to sign his or her name in ink
11or digitized form to the affidavit on both the original and
12duplicate registration record cards.
13    Signature of deputy registrar or officer of registration.
14    In case applicant is unable to sign his name, he may affix
15his mark to the affidavit. In such case the officer empowered
16to give the registration oath shall write a detailed
17description of the applicant in the space provided on the back
18or at the bottom of the card or sheet; and shall ask the
19following questions and record the answers thereto:
20    Father's first name.
21    Mother's first name.
22    From what address did the applicant last register?
23    Reason for inability to sign name.
24    Each applicant for registration shall make an affidavit in
25substantially the following form:
26
AFFIDAVIT OF REGISTRATION

 

 

SB3079- 4 -LRB103 37975 SPS 68107 b

1STATE OF ILLINOIS
2COUNTY OF .......
3    I hereby swear (or affirm) that I am a citizen of the
4United States; that on the date of the next election I shall
5have resided in the State of Illinois and in the election
6precinct in which I reside 30 days and that I intend that this
7location shall be my residence; that I am fully qualified to
8vote, and that the above statements are true.
9
..............................
10
(His or her signature or mark)
11    Subscribed and sworn to before me on (insert date).
12..................................
13Signature of registration officer.
14(To be signed in presence of registrant.)
 
15    Space shall be provided upon the face of each registration
16record card for the notation of the voting record of the person
17registered thereon.
18    Each registration record card shall be numbered according
19to precincts, and may be serially or otherwise marked for
20identification in such manner as the county clerk may
21determine.
22    The registration cards shall be deemed public records and
23shall be open to inspection during regular business hours,
24except during the 27 days immediately preceding any election.
25On written request of any candidate or objector or any person

 

 

SB3079- 5 -LRB103 37975 SPS 68107 b

1intending to object to a petition, the election authority
2shall extend its hours for inspection of registration cards
3and other records of the election authority during the period
4beginning with the filing of petitions under Sections 7-10,
58-8, 10-6 or 28-3 and continuing through the termination of
6electoral board hearings on any objections to petitions
7containing signatures of registered voters in the jurisdiction
8of the election authority. The extension shall be for a period
9of hours sufficient to allow adequate opportunity for
10examination of the records but the election authority is not
11required to extend its hours beyond the period beginning at
12its normal opening for business and ending at midnight. If the
13business hours are so extended, the election authority shall
14post a public notice of such extended hours. Registration
15record cards may also be inspected, upon approval of the
16officer in charge of the cards, during the 27 days immediately
17preceding any election. Registration record cards shall also
18be open to inspection by certified judges and poll watchers
19and challengers at the polling place on election day, but only
20to the extent necessary to determine the question of the right
21of a person to vote or to serve as a judge of election. At no
22time shall poll watchers or challengers be allowed to
23physically handle the registration record cards.
24    Updated copies of computer tapes or computer discs or
25other electronic data processing information containing voter
26registration information shall be furnished by the county

 

 

SB3079- 6 -LRB103 37975 SPS 68107 b

1clerk within 10 days after December 15 and May 15 each year and
2within 10 days after each registration period is closed to the
3State Board of Elections in a form prescribed by the Board. For
4the purposes of this Section, a registration period is closed
527 days before the date of any regular or special election.
6Registration information shall include, but not be limited to,
7the following information: name, sex, residence, telephone
8number, if any, age, party affiliation, if applicable,
9precinct, ward, township, county, and representative,
10legislative and congressional districts. In the event of
11noncompliance, the State Board of Elections is directed to
12obtain compliance forthwith with this nondiscretionary duty of
13the election authority by instituting legal proceedings in the
14circuit court of the county in which the election authority
15maintains the registration information. The costs of
16furnishing updated copies of tapes or discs shall be paid at a
17rate of $.00034 per name of registered voters in the election
18jurisdiction, but not less than $50 per tape or disc and shall
19be paid from appropriations made to the State Board of
20Elections for reimbursement to the election authority for such
21purpose. The State Board shall furnish copies of such tapes,
22discs, other electronic data or compilations thereof to state
23political committees registered pursuant to the Illinois
24Campaign Finance Act or the Federal Election Campaign Act and
25to governmental entities, at their request and at a reasonable
26cost. To protect the privacy and confidentiality of voter

 

 

SB3079- 7 -LRB103 37975 SPS 68107 b

1registration information, the disclosure of electronic voter
2registration records to any person or entity other than to a
3State or local political committee and other than to a
4governmental entity for a governmental purpose is specifically
5prohibited except as described in Section 4-106 or as follows:
6subject to security measures adopted by the State Board of
7Elections which, at a minimum, shall include the keeping of a
8catalog or database, available for public view, including the
9name, address, and telephone number of the person viewing the
10list as well as the time of that viewing, any person may view
11the centralized statewide voter registration list on a
12computer screen at the Springfield office of the State Board
13of Elections, during normal business hours other than during
14the 27 days before an election, but the person viewing the list
15under this exception may not print, duplicate, transmit, or
16alter the list. Copies of the tapes, discs, or other
17electronic data shall be furnished by the county clerk to
18local political committees and governmental entities at their
19request and at a reasonable cost. Reasonable cost of the
20tapes, discs, et cetera for this purpose would be the cost of
21duplication plus 15% for administration. The individual
22representing a political committee requesting copies of such
23tapes shall make a sworn affidavit that the information shall
24be used only for bona fide political purposes, including by or
25for candidates for office or incumbent office holders. Such
26tapes, discs or other electronic data shall not be used under

 

 

SB3079- 8 -LRB103 37975 SPS 68107 b

1any circumstances by any political committee or individuals
2for purposes of commercial solicitation or other business
3purposes. If such tapes contain information on county
4residents related to the operations of county government in
5addition to registration information, that information shall
6not be used under any circumstances for commercial
7solicitation or other business purposes. The prohibition in
8this Section against using the computer tapes or computer
9discs or other electronic data processing information
10containing voter registration information for purposes of
11commercial solicitation or other business purposes shall be
12prospective only from the effective date of this amended Act
13of 1979. Any person who violates this provision shall be
14guilty of a Class 4 felony.
15    The State Board of Elections shall promulgate, by October
161, 1987, such regulations as may be necessary to ensure
17uniformity throughout the State in electronic data processing
18of voter registration information. The regulations shall
19include, but need not be limited to, specifications for
20uniform medium, communications protocol and file structure to
21be employed by the election authorities of this State in the
22electronic data processing of voter registration information.
23Each election authority utilizing electronic data processing
24of voter registration information shall comply with such
25regulations on and after May 15, 1988.
26    If the applicant for registration was last registered in

 

 

SB3079- 9 -LRB103 37975 SPS 68107 b

1another county within this State, he shall also sign a
2certificate authorizing cancellation of the former
3registration. The certificate shall be in substantially the
4following form:
5To the County Clerk of.... County, Illinois. (or)
6To the Election Commission of the City of ...., Illinois.
7    This is to certify that I am registered in your (county)
8(city) and that my residence was .
9Having moved out of your (county) (city), I hereby authorize
10you to cancel said registration in your office.
11Dated at ...., Illinois, on (insert date).
12
.................................
13
(Signature of Voter)
14Attest: ................,  County Clerk, .............
15County, Illinois.
16    The cancellation certificate shall be mailed immediately
17by the County Clerk to the County Clerk (or election
18commission as the case may be) where the applicant was
19formerly registered. Receipt of such certificate shall be full
20authority for cancellation of any previous registration.
21(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
22    (10 ILCS 5/4-106 new)
23    Sec. 4-106. Voter registration records for the general
24public. Except during the 27 days immediately preceding any
25election, the State Board of Elections in accordance with this

 

 

SB3079- 10 -LRB103 37975 SPS 68107 b

1Section may furnish in accordance with this Section electronic
2voter registration records at a reasonable cost to any person
3who makes a sworn affidavit that the list will be used solely
4for bona fide election purposes and shall not be used for
5commercial purposes. Electronic voter registration records
6furnished to members of the public shall not disclose the
7email address, birth day, birth month, Illinois driver's
8license number, Illinois identification card number, street
9number, or social security number of any voter, but shall
10disclose birth year. The reasonable cost of voter registration
11records furnished under this Section shall be the cost of
12duplication plus a 15% fee for administration. No sooner than
1314 days after a request for voter registration records is made
14under this Section, the State Board of Elections shall
15publicly disclose the request on a publicly accessible website
16regardless of whether the request was approved or denied.
17    Voter registration records shall be furnished without
18charge or at a reduced charge, as determined by the State Board
19of Elections, if the person requesting the records makes the
20request on behalf of an entity that is exempt from income
21taxation under Section 501(c)(3) of the Internal Revenue Code
22of 1986, states the specific purpose for the request, and
23indicates that a waiver or reduction of the fee is in the
24public interest. A waiver or reduction of the fee is in the
25public interest if the principle purpose of the request is to
26access and disseminate information regarding the legal voting

 

 

SB3079- 11 -LRB103 37975 SPS 68107 b

1rights of the general public. In setting the amount of waiver
2or reduction of the fee, the State Board of Elections may take
3into consideration the amount of materials requested and the
4cost of copying them.
5    Voter registration records or data shall be limited to
6bona fide election purposes and shall not be used for any
7personal, private, or commercial purpose, including, but not
8limited to, the intimidation, threat, or deception of any
9person or the advertising, solicitation, sale, or marketing of
10products or services.
11    A recipient of voter registration records or data shall
12not place the records or data on the Internet with
13unrestricted access. Voter registration records or data shall
14not be furnished to any person residing outside of the United
15States. Any person who knowingly violates this Section shall
16be guilty of a Class 4 felony. A governmental entity, or
17officer or employee thereof, shall not be held civilly liable
18as a result of disclosure of the information referred to in
19this Section, unless by a showing of gross negligence or
20willfulness. The State Board of Elections shall deny a request
21made under this Section to any person or entity that has
22violated this Section.
 
23    (10 ILCS 5/5-7)  (from Ch. 46, par. 5-7)
24    Sec. 5-7. The county clerk shall provide a sufficient
25number of blank forms for the registration of electors which

 

 

SB3079- 12 -LRB103 37975 SPS 68107 b

1shall be known as registration record cards and which shall
2consist of loose leaf sheets or cards, of suitable size to
3contain in plain writing and figures the data hereinafter
4required thereon or shall consist of computer cards of
5suitable nature to contain the data required thereon. The
6registration record cards, which shall include an affidavit of
7registration as hereinafter provided, shall be executed in
8duplicate.
9    The registration record card shall contain the following
10and such other information as the county clerk may think it
11proper to require for the identification of the applicant for
12registration:
13    Name. The name of the applicant, giving surname and first
14or Christian name in full, and the middle name or the initial
15for such middle name, if any.
16    Sex.
17    Residence. The name and number of the street, avenue, or
18other location of the dwelling, including the apartment, unit
19or room number, if any, and in the case of a mobile home the
20lot number, and such additional clear and definite description
21as may be necessary to determine the exact location of the
22dwelling of the applicant, including post-office mailing
23address. In the case of a homeless individual, the
24individual's voting residence that is his or her mailing
25address shall be included on his or her registration record
26card.

 

 

SB3079- 13 -LRB103 37975 SPS 68107 b

1    Term of residence in the State of Illinois and the
2precinct. Which questions may be answered by the applicant
3stating, in excess of 30 days in the State and in excess of 30
4days in the precinct.
5    Nativity. The State or country in which the applicant was
6born.
7    Citizenship. Whether the applicant is native born or
8naturalized. If naturalized, the court, place and date of
9naturalization.
10    Date of application for registration, i.e., the day, month
11and year when applicant presented himself for registration.
12    Age. Date of birth, by month, day and year.
13    Physical disability of the applicant, if any, at the time
14of registration, which would require assistance in voting.
15    The county and state in which the applicant was last
16registered.
17    Electronic mail address, if any.
18    Signature of voter. The applicant, after the registration
19and in the presence of a deputy registrar or other officer of
20registration shall be required to sign his or her name in ink
21or digitized form to the affidavit on the original and
22duplicate registration record card.
23    Signature of Deputy Registrar.
24    In case applicant is unable to sign his name, he may affix
25his mark to the affidavit. In such case the officer empowered
26to give the registration oath shall write a detailed

 

 

SB3079- 14 -LRB103 37975 SPS 68107 b

1description of the applicant in the space provided at the
2bottom of the card or sheet; and shall ask the following
3questions and record the answers thereto:
4    Father's first name .......................
5    Mother's first name .......................
6    From what address did you last register?
7    Reason for inability to sign name.
8    Each applicant for registration shall make an affidavit in
9substantially the following form:
10
AFFIDAVIT OF REGISTRATION
11State of Illinois)
12                 )ss
13County of        )
14    I hereby swear (or affirm) that I am a citizen of the
15United States; that on the date of the next election I shall
16have resided in the State of Illinois and in the election
17precinct in which I reside 30 days; that I am fully qualified
18to vote. That I intend that this location shall be my residence
19and that the above statements are true.
20
..............................
21
(His or her signature or mark)
22    Subscribed and sworn to before me on (insert date).
23.........................................
24    Signature of Registration Officer.
25(To be signed in presence of Registrant.)
 

 

 

SB3079- 15 -LRB103 37975 SPS 68107 b

1    Space shall be provided upon the face of each registration
2record card for the notation of the voting record of the person
3registered thereon.
4    Each registration record card shall be numbered according
5to towns and precincts, wards, cities and villages, as the
6case may be, and may be serially or otherwise marked for
7identification in such manner as the county clerk may
8determine.
9    The registration cards shall be deemed public records and
10shall be open to inspection during regular business hours,
11except during the 27 days immediately preceding any election.
12On written request of any candidate or objector or any person
13intending to object to a petition, the election authority
14shall extend its hours for inspection of registration cards
15and other records of the election authority during the period
16beginning with the filing of petitions under Sections 7-10,
178-8, 10-6 or 28-3 and continuing through the termination of
18electoral board hearings on any objections to petitions
19containing signatures of registered voters in the jurisdiction
20of the election authority. The extension shall be for a period
21of hours sufficient to allow adequate opportunity for
22examination of the records but the election authority is not
23required to extend its hours beyond the period beginning at
24its normal opening for business and ending at midnight. If the
25business hours are so extended, the election authority shall
26post a public notice of such extended hours. Registration

 

 

SB3079- 16 -LRB103 37975 SPS 68107 b

1record cards may also be inspected, upon approval of the
2officer in charge of the cards, during the 27 days immediately
3preceding any election. Registration record cards shall also
4be open to inspection by certified judges and poll watchers
5and challengers at the polling place on election day, but only
6to the extent necessary to determine the question of the right
7of a person to vote or to serve as a judge of election. At no
8time shall poll watchers or challengers be allowed to
9physically handle the registration record cards.
10    Updated copies of computer tapes or computer discs or
11other electronic data processing information containing voter
12registration information shall be furnished by the county
13clerk within 10 days after December 15 and May 15 each year and
14within 10 days after each registration period is closed to the
15State Board of Elections in a form prescribed by the Board. For
16the purposes of this Section, a registration period is closed
1727 days before the date of any regular or special election.
18Registration information shall include, but not be limited to,
19the following information: name, sex, residence, telephone
20number, if any, age, party affiliation, if applicable,
21precinct, ward, township, county, and representative,
22legislative and congressional districts. In the event of
23noncompliance, the State Board of Elections is directed to
24obtain compliance forthwith with this nondiscretionary duty of
25the election authority by instituting legal proceedings in the
26circuit court of the county in which the election authority

 

 

SB3079- 17 -LRB103 37975 SPS 68107 b

1maintains the registration information. The costs of
2furnishing updated copies of tapes or discs shall be paid at a
3rate of $.00034 per name of registered voters in the election
4jurisdiction, but not less than $50 per tape or disc and shall
5be paid from appropriations made to the State Board of
6Elections for reimbursement to the election authority for such
7purpose. The State Board shall furnish copies of such tapes,
8discs, other electronic data or compilations thereof to state
9political committees registered pursuant to the Illinois
10Campaign Finance Act or the Federal Election Campaign Act and
11to governmental entities, at their request and at a reasonable
12cost. To protect the privacy and confidentiality of voter
13registration information, the disclosure of electronic voter
14registration records to any person or entity other than to a
15State or local political committee and other than to a
16governmental entity for a governmental purpose is specifically
17prohibited except as described in Section 5-106 or as follows:
18subject to security measures adopted by the State Board of
19Elections which, at a minimum, shall include the keeping of a
20catalog or database, available for public view, including the
21name, address, and telephone number of the person viewing the
22list as well as the time of that viewing, any person may view
23the centralized statewide voter registration list on a
24computer screen at the Springfield office of the State Board
25of Elections, during normal business hours other than during
26the 27 days before an election, but the person viewing the list

 

 

SB3079- 18 -LRB103 37975 SPS 68107 b

1under this exception may not print, duplicate, transmit, or
2alter the list. Copies of the tapes, discs or other electronic
3data shall be furnished by the county clerk to local political
4committees and governmental entities at their request and at a
5reasonable cost. Reasonable cost of the tapes, discs, et
6cetera for this purpose would be the cost of duplication plus
715% for administration. The individual representing a
8political committee requesting copies of such tapes shall make
9a sworn affidavit that the information shall be used only for
10bona fide political purposes, including by or for candidates
11for office or incumbent office holders. Such tapes, discs or
12other electronic data shall not be used under any
13circumstances by any political committee or individuals for
14purposes of commercial solicitation or other business
15purposes. If such tapes contain information on county
16residents related to the operations of county government in
17addition to registration information, that information shall
18not be used under any circumstances for commercial
19solicitation or other business purposes. The prohibition in
20this Section against using the computer tapes or computer
21discs or other electronic data processing information
22containing voter registration information for purposes of
23commercial solicitation or other business purposes shall be
24prospective only from the effective date of this amended Act
25of 1979. Any person who violates this provision shall be
26guilty of a Class 4 felony.

 

 

SB3079- 19 -LRB103 37975 SPS 68107 b

1    The State Board of Elections shall promulgate, by October
21, 1987, such regulations as may be necessary to ensure
3uniformity throughout the State in electronic data processing
4of voter registration information. The regulations shall
5include, but need not be limited to, specifications for
6uniform medium, communications protocol and file structure to
7be employed by the election authorities of this State in the
8electronic data processing of voter registration information.
9Each election authority utilizing electronic data processing
10of voter registration information shall comply with such
11regulations on and after May 15, 1988.
12    If the applicant for registration was last registered in
13another county within this State, he shall also sign a
14certificate authorizing cancellation of the former
15registration. The certificate shall be in substantially the
16following form:
17To the County Clerk of .... County, Illinois. To the Election
18Commission of the City of ...., Illinois.
19    This is to certify that I am registered in your (county)
20(city) and that my residence was .....
21    Having moved out of your (county) (city), I hereby
22authorize you to cancel said registration in your office.
23Dated at .... Illinois, on (insert date).
24
....................
25
(Signature of Voter)
26
Attest ......, County Clerk, ........ County, Illinois.

 

 

SB3079- 20 -LRB103 37975 SPS 68107 b

1    The cancellation certificate shall be mailed immediately
2by the county clerk to the county clerk (or election
3commission as the case may be) where the applicant was
4formerly registered. Receipt of such certificate shall be full
5authority for cancellation of any previous registration.
6(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
7    (10 ILCS 5/5-106 new)
8    Sec. 5-106. Voter registration records for the general
9public. Except during the 27 days immediately preceding any
10election, the State Board of Elections may furnish in
11accordance with this Section electronic voter registration
12records at a reasonable cost to any person who makes a sworn
13affidavit that the list will solely be used for bona fide
14election purposes and shall not be used for commercial
15purposes. Electronic voter registration records furnished to
16members of the public shall not disclose the email address,
17birth day, birth month, Illinois driver's license number,
18Illinois identification card number, street number, or social
19security number of any voter, but shall disclose birth year.
20The reasonable cost of voter registration records furnished
21under this Section shall be the cost of duplication plus a 15%
22fee for administration. No sooner than 14 days after a request
23for voter registration records is made under this Section, the
24State Board of Elections shall publicly disclose the request
25on a publicly accessible website regardless of whether the

 

 

SB3079- 21 -LRB103 37975 SPS 68107 b

1request was approved or denied.
2    Voter registration records shall be furnished without
3charge or at a reduced charge, as determined by the State Board
4of Elections, if the person requesting the records makes the
5request on behalf of an entity that is exempt from income
6taxation under Section 501(c)(3) of the Internal Revenue Code
7of 1986, states the specific purpose for the request, and
8indicates that a waiver or reduction of the fee is in the
9public interest. A waiver or reduction of the fee is in the
10public interest if the principle purpose of the request is to
11access and disseminate information regarding the legal voting
12rights of the general public. In setting the amount of waiver
13or reduction of the fee, the State Board of Elections may take
14into consideration the amount of materials requested and the
15cost of copying them.
16    Voter registration records or data shall be limited to
17bona fide election purposes and shall not be used for any
18personal, private, or commercial purpose, including, but not
19limited to, the intimidation, threat, or deception of any
20person or the advertising, solicitation, sale, or marketing of
21products or services.
22    A recipient of voter registration records or data shall
23not place the records or data on the Internet with
24unrestricted access. Voter registration records or data shall
25not be furnished to any person residing outside of the United
26States. Any person who knowingly violates this Section shall

 

 

SB3079- 22 -LRB103 37975 SPS 68107 b

1be guilty of a Class 4 felony. A governmental entity, or
2officer or employee thereof, shall not be held civilly liable
3as a result of disclosure of the information referred to in
4this Section, unless by a showing of gross negligence or
5willfulness. The State Board of Elections shall deny a request
6made under this Section to any person or entity that has
7violated this Section.
 
8    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
9    Sec. 6-35. The Boards of Election Commissioners shall
10provide a sufficient number of blank forms for the
11registration of electors which shall be known as registration
12record cards and which shall consist of loose leaf sheets or
13cards, of suitable size to contain in plain writing and
14figures the data hereinafter required thereon or shall consist
15of computer cards of suitable nature to contain the data
16required thereon. The registration record cards, which shall
17include an affidavit of registration as hereinafter provided,
18shall be executed in duplicate. The duplicate of which may be a
19carbon copy of the original or a copy of the original made by
20the use of other method or material used for making
21simultaneous true copies or duplications.
22    The registration record card shall contain the following
23and such other information as the Board of Election
24Commissioners may think it proper to require for the
25identification of the applicant for registration:

 

 

SB3079- 23 -LRB103 37975 SPS 68107 b

1    Name. The name of the applicant, giving surname and first
2or Christian name in full, and the middle name or the initial
3for such middle name, if any.
4    Sex.
5    Residence. The name and number of the street, avenue, or
6other location of the dwelling, including the apartment, unit
7or room number, if any, and in the case of a mobile home the
8lot number, and such additional clear and definite description
9as may be necessary to determine the exact location of the
10dwelling of the applicant, including post-office mailing
11address. In the case of a homeless individual, the
12individual's voting residence that is his or her mailing
13address shall be included on his or her registration record
14card.
15    Term of residence in the State of Illinois and the
16precinct.
17    Nativity. The state or country in which the applicant was
18born.
19    Citizenship. Whether the applicant is native born or
20naturalized. If naturalized, the court, place, and date of
21naturalization.
22    Date of application for registration, i.e., the day, month
23and year when the applicant presented himself for
24registration.
25    Age. Date of birth, by month, day and year.
26    Physical disability of the applicant, if any, at the time

 

 

SB3079- 24 -LRB103 37975 SPS 68107 b

1of registration, which would require assistance in voting.
2    The county and state in which the applicant was last
3registered.
4    Electronic mail address, if any.
5    Signature of voter. The applicant, after registration and
6in the presence of a deputy registrar or other officer of
7registration shall be required to sign his or her name in ink
8or digitized form to the affidavit on both the original and the
9duplicate registration record card.
10    Signature of deputy registrar.
11    In case applicant is unable to sign his name, he may affix
12his mark to the affidavit. In such case the registration
13officer shall write a detailed description of the applicant in
14the space provided at the bottom of the card or sheet; and
15shall ask the following questions and record the answers
16thereto:
17    Father's first name .........................
18    Mother's first name .........................
19    From what address did you last register? ....
20    Reason for inability to sign name ...........
21    Each applicant for registration shall make an affidavit in
22substantially the following form:
23
AFFIDAVIT OF REGISTRATION
24State of Illinois  )
25                   )ss
26County of .......  )

 

 

SB3079- 25 -LRB103 37975 SPS 68107 b

1    I hereby swear (or affirm) that I am a citizen of the
2United States, that on the day of the next election I shall
3have resided in the State of Illinois and in the election
4precinct 30 days and that I intend that this location is my
5residence; that I am fully qualified to vote, and that the
6above statements are true.
7
..............................
8
(His or her signature or mark)
9    Subscribed and sworn to before me on (insert date).
10......................................
11    Signature of registration officer
12(to be signed in presence of registrant).
13    Space shall be provided upon the face of each registration
14record card for the notation of the voting record of the person
15registered thereon.
16    Each registration record card shall be numbered according
17to wards or precincts, as the case may be, and may be serially
18or otherwise marked for identification in such manner as the
19Board of Election Commissioners may determine.
20    The registration cards shall be deemed public records and
21shall be open to inspection during regular business hours,
22except during the 27 days immediately preceding any election.
23On written request of any candidate or objector or any person
24intending to object to a petition, the election authority
25shall extend its hours for inspection of registration cards
26and other records of the election authority during the period

 

 

SB3079- 26 -LRB103 37975 SPS 68107 b

1beginning with the filing of petitions under Sections 7-10,
28-8, 10-6 or 28-3 and continuing through the termination of
3electoral board hearings on any objections to petitions
4containing signatures of registered voters in the jurisdiction
5of the election authority. The extension shall be for a period
6of hours sufficient to allow adequate opportunity for
7examination of the records but the election authority is not
8required to extend its hours beyond the period beginning at
9its normal opening for business and ending at midnight. If the
10business hours are so extended, the election authority shall
11post a public notice of such extended hours. Registration
12record cards may also be inspected, upon approval of the
13officer in charge of the cards, during the 27 days immediately
14preceding any election. Registration record cards shall also
15be open to inspection by certified judges and poll watchers
16and challengers at the polling place on election day, but only
17to the extent necessary to determine the question of the right
18of a person to vote or to serve as a judge of election. At no
19time shall poll watchers or challengers be allowed to
20physically handle the registration record cards.
21    Updated copies of computer tapes or computer discs or
22other electronic data processing information containing voter
23registration information shall be furnished by the Board of
24Election Commissioners within 10 days after December 15 and
25May 15 each year and within 10 days after each registration
26period is closed to the State Board of Elections in a form

 

 

SB3079- 27 -LRB103 37975 SPS 68107 b

1prescribed by the State Board. For the purposes of this
2Section, a registration period is closed 27 days before the
3date of any regular or special election. Registration
4information shall include, but not be limited to, the
5following information: name, sex, residence, telephone number,
6if any, age, party affiliation, if applicable, precinct, ward,
7township, county, and representative, legislative and
8congressional districts. In the event of noncompliance, the
9State Board of Elections is directed to obtain compliance
10forthwith with this nondiscretionary duty of the election
11authority by instituting legal proceedings in the circuit
12court of the county in which the election authority maintains
13the registration information. The costs of furnishing updated
14copies of tapes or discs shall be paid at a rate of $.00034 per
15name of registered voters in the election jurisdiction, but
16not less than $50 per tape or disc and shall be paid from
17appropriations made to the State Board of Elections for
18reimbursement to the election authority for such purpose. The
19State Board shall furnish copies of such tapes, discs, other
20electronic data or compilations thereof to state political
21committees registered pursuant to the Illinois Campaign
22Finance Act or the Federal Election Campaign Act and to
23governmental entities, at their request and at a reasonable
24cost. To protect the privacy and confidentiality of voter
25registration information, the disclosure of electronic voter
26registration records to any person or entity other than to a

 

 

SB3079- 28 -LRB103 37975 SPS 68107 b

1State or local political committee and other than to a
2governmental entity for a governmental purpose is specifically
3prohibited except as described in Section 6-106 or as follows:
4subject to security measures adopted by the State Board of
5Elections which, at a minimum, shall include the keeping of a
6catalog or database, available for public view, including the
7name, address, and telephone number of the person viewing the
8list as well as the time of that viewing, any person may view
9the centralized statewide voter registration list on a
10computer screen at the Springfield office of the State Board
11of Elections, during normal business hours other than during
12the 27 days before an election, but the person viewing the list
13under this exception may not print, duplicate, transmit, or
14alter the list. Copies of the tapes, discs or other electronic
15data shall be furnished by the Board of Election Commissioners
16to local political committees and governmental entities at
17their request and at a reasonable cost. Reasonable cost of the
18tapes, discs, et cetera for this purpose would be the cost of
19duplication plus 15% for administration. The individual
20representing a political committee requesting copies of such
21tapes shall make a sworn affidavit that the information shall
22be used only for bona fide political purposes, including by or
23for candidates for office or incumbent office holders. Such
24tapes, discs or other electronic data shall not be used under
25any circumstances by any political committee or individuals
26for purposes of commercial solicitation or other business

 

 

SB3079- 29 -LRB103 37975 SPS 68107 b

1purposes. If such tapes contain information on county
2residents related to the operations of county government in
3addition to registration information, that information shall
4not be used under any circumstances for commercial
5solicitation or other business purposes. The prohibition in
6this Section against using the computer tapes or computer
7discs or other electronic data processing information
8containing voter registration information for purposes of
9commercial solicitation or other business purposes shall be
10prospective only from the effective date of this amended Act
11of 1979. Any person who violates this provision shall be
12guilty of a Class 4 felony.
13    The State Board of Elections shall promulgate, by October
141, 1987, such regulations as may be necessary to ensure
15uniformity throughout the State in electronic data processing
16of voter registration information. The regulations shall
17include, but need not be limited to, specifications for
18uniform medium, communications protocol and file structure to
19be employed by the election authorities of this State in the
20electronic data processing of voter registration information.
21Each election authority utilizing electronic data processing
22of voter registration information shall comply with such
23regulations on and after May 15, 1988.
24    If the applicant for registration was last registered in
25another county within this State, he shall also sign a
26certificate authorizing cancellation of the former

 

 

SB3079- 30 -LRB103 37975 SPS 68107 b

1registration. The certificate shall be in substantially the
2following form:
3To the County Clerk of .... County, Illinois.
4To the Election Commission of the City of ...., Illinois.
5    This is to certify that I am registered in your (county)
6(city) and that my residence was ..... Having moved out of your
7(county), (city), I hereby authorize you to cancel that
8registration in your office.
9    Dated at ...., Illinois, on (insert date).
10
....................
11
(Signature of Voter)
12    Attest ...., Clerk, Election Commission of the City
13of...., Illinois.
14    The cancellation certificate shall be mailed immediately
15by the clerk of the Election Commission to the county clerk,
16(or Election Commission as the case may be) where the
17applicant was formerly registered. Receipt of such certificate
18shall be full authority for cancellation of any previous
19registration.
20(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
21    (10 ILCS 5/6-106 new)
22    Sec. 6-106. Voter registration records for the general
23public. Except during the 27 days immediately preceding any
24election, the State Board of Elections may furnish in
25accordance with this Section electronic voter registration

 

 

SB3079- 31 -LRB103 37975 SPS 68107 b

1records at a reasonable cost to any person who makes a sworn
2affidavit that the list will solely be used for bona fide
3election purposes and shall not be used for commercial
4purposes. Electronic voter registration records furnished to
5members of the public shall not disclose the email address,
6birth day, birth month, Illinois driver's license number,
7Illinois identification card number, street number, or social
8security number of any voter, but shall disclose birth year.
9The reasonable cost of voter registration records furnished
10under this Section shall be the cost of duplication plus a 15%
11fee for administration. No sooner than 14 days after a request
12for voter registration records is made under this Section, the
13State Board of Elections shall publicly disclose the request
14on a publicly accessible website regardless of whether the
15request was approved or denied.
16    Voter registration records shall be furnished without
17charge or at a reduced charge, as determined by the State Board
18of Elections, if the person requesting the records makes the
19request on behalf of an entity that is exempt from income
20taxation under Section 501(c)(3) of the Internal Revenue Code
21of 1986, states the specific purpose for the request, and
22indicates that a waiver or reduction of the fee is in the
23public interest. A waiver or reduction of the fee is in the
24public interest if the principle purpose of the request is to
25access and disseminate information regarding the legal voting
26rights of the general public. In setting the amount of waiver

 

 

SB3079- 32 -LRB103 37975 SPS 68107 b

1or reduction of the fee, the State Board of Elections may take
2into consideration the amount of materials requested and the
3cost of copying them.
4    Voter registration records or data shall be limited to
5bona fide election purposes and shall not be used for any
6personal, private, or commercial purpose, including, but not
7limited to, the intimidation, threat, or deception of any
8person or the advertising, solicitation, sale, or marketing of
9products or services.
10    A recipient of voter registration records or data shall
11not place the records or data on the Internet with
12unrestricted access. Voter registration records or data shall
13not be furnished to any person residing outside of the United
14States. Any person who knowingly violates this Section shall
15be guilty of a Class 4 felony. A governmental entity, or
16officer or employee thereof, shall not be held civilly liable
17as a result of disclosure of the information referred to in
18this Section, unless by a showing of gross negligence or
19willfulness. The State Board of Elections shall deny a request
20made under this Section to any person or entity that has
21violated this Section.