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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0545
Introduced 1/27/2005, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/4-8 |
from Ch. 46, par. 4-8 |
10 ILCS 5/5-7 |
from Ch. 46, par. 5-7 |
10 ILCS 5/6-35 |
from Ch. 46, par. 6-35 |
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Amends the Election Code. Permits an election authority to consider specified factors when determining the residence of a college student applying for voter registration.
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A BILL FOR
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing |
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| Sections 4-8, 5-7, and 6-35 as follows:
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| (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
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| Sec. 4-8. The county clerk shall provide a sufficient |
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| number of blank
forms for the registration of electors, which |
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| shall be known as
registration record cards and which shall |
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| consist of loose leaf sheets
or cards, of suitable size to |
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| contain in plain writing and figures the
data hereinafter |
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| required thereon or shall consist of computer cards of
suitable |
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| nature to contain the data required thereon. The registration |
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| record
cards, which shall include an affidavit of registration |
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| as hereinafter
provided, shall be executed in duplicate.
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| The registration record card shall contain the following |
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| and such
other information as the county clerk may think it |
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| proper to require for
the identification of the applicant for |
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| registration:
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| Name. The name of the applicant, giving surname and first |
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| or
Christian name in full, and the middle name or the initial |
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| for such
middle name, if any.
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| Sex.
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| Residence. The name and number of the street, avenue, or |
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| other location of
the dwelling, including the apartment, unit |
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| or room number, if any, and in the
case of a mobile home the lot |
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| number, and such additional clear and definite
description as |
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| may be necessary to determine the exact location of the
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| dwelling of the applicant. Where the location cannot be |
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| determined by
street and number, then the section, |
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| congressional township and range
number may be used, or such |
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| other description as may be necessary,
including post-office |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| mailing address. In the case of a homeless individual,
the |
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| individual's voting residence that is his or her mailing |
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| address shall be
included on his or her registration record |
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| card. The form may require the applicant to indicate whether he |
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| or she is a college or university student and, if so, must |
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| provide space for the applicant to provide information about |
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| the applicant with respect to the following factors, which the |
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| county clerk may consider in determining whether the student |
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| resides in the election jurisdiction for the purpose of voter |
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| registration: (i) financial independence; (ii) business |
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| pursuits; (iii) employment; (iv) income sources; (v) residence |
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| for State and federal income tax purposes; (vi) marital status; |
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| (vii) residence of parents, spouse, and children, if any; |
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| (viii) the site of the applicant's leaseholds, if any; (ix) the |
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| site of personal or real property owned by the applicant; and |
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| (x) the jurisdiction in which a motor vehicle or other personal |
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| property is registered.
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| Term of residence in the State of Illinois and precinct. |
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| This
information shall be furnished by the applicant stating |
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| the place or
places where he resided and the dates during which |
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| he resided in such
place or places during the year next |
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| preceding the date of the next
ensuing election.
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| Nativity. The state or country in which the applicant was |
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| born.
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| Citizenship. Whether the applicant is native born or |
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| naturalized. If
naturalized, the court, place, and date of |
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| naturalization.
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| Date of application for registration, i.e., the day, month |
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| and year
when applicant presented himself for registration.
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| Age. Date of birth, by month, day and year.
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| Physical disability of the applicant, if any, at the time |
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| of
registration, which would require assistance in voting.
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| The county and state in which the applicant was last |
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| registered.
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| Signature of voter. The applicant, after the registration |
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| and in the
presence of a deputy registrar or other officer of |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| registration shall be
required to sign his or her name in ink |
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| to the affidavit on both the
original and duplicate |
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| registration record cards.
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| Signature of deputy registrar or officer of registration.
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| In case applicant is unable to sign his name, he may affix |
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| his mark
to the affidavit. In such case the officer empowered |
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| to give the
registration oath shall write a detailed |
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| description of the applicant in
the space provided on the back |
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| or at the bottom of the card or sheet;
and shall ask the |
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| following questions and record the answers thereto:
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| Father's first name.
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| Mother's first name.
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| From what address did the applicant last register?
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| Reason for inability to sign name.
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| Each applicant for registration shall make an affidavit in
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| substantially the following form:
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| AFFIDAVIT OF REGISTRATION
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| STATE OF ILLINOIS
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| COUNTY OF .......
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| I hereby swear (or affirm) that I am a citizen of the |
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| United States;
that on the date of the next election I shall |
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| have resided in the State
of Illinois and in the election |
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| precinct in which I reside 30 days and
that I intend that this |
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| location shall be my residence; that
I am fully qualified to |
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| vote, and that the above statements are true.
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| ..............................
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| (His or her signature or mark)
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| Subscribed and sworn to before me on (insert date).
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| ..................................
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| Signature of registration officer.
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| (To be signed in presence of registrant.)
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| Space shall be provided upon the face of each registration |
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| record
card for the notation of the voting record of the person |
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| registered
thereon.
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| Each registration record card shall be numbered according |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| to
precincts, and may be serially or otherwise marked for |
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| identification in
such manner as the county clerk may |
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| determine.
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| The registration cards shall be deemed public records and |
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| shall be
open to inspection during regular business hours, |
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| except during the 27
days immediately preceding any election. |
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| On written request of any
candidate or objector or any person |
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| intending to object to a petition, the
election authority shall |
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| extend its hours for inspection of registration
cards and other |
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| records of the election authority during the period
beginning |
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| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
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| 28-3 and continuing through the termination of electoral board |
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| hearings on
any objections to petitions containing signatures |
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| of registered voters in
the jurisdiction of the election |
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| authority. The extension shall be for a
period of hours |
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| sufficient to allow adequate opportunity for examination of
the |
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| records but the election authority is not required to extend |
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| its hours
beyond the period beginning at its normal opening for |
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| business and ending
at midnight. If the business hours are so |
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| extended, the election authority
shall post a public notice of |
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| such extended hours. Registration record
cards may also be |
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| inspected, upon approval of the officer in charge of the
cards, |
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| during the 27 days immediately preceding any election.
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| Registration
record cards shall also be open to inspection by |
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| certified judges and poll
watchers and challengers at the |
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| polling place on election day, but only to
the extent necessary |
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| to determine the question of the right of a person to
vote or |
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| to serve as a judge of election. At no time shall poll watchers |
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| or
challengers be allowed to physically handle the registration |
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| record cards.
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| Updated copies of computer tapes or computer discs or other |
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| electronic data
processing information containing voter |
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| registration information shall
be furnished by the county clerk |
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| within 10 days after December 15 and
May
15 each year and |
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| within 10 days after each registration
period is closed to the |
36 |
| State Board of Elections in a form
prescribed by the
Board. For |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| the purposes of this Section, a registration period is closed |
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| 27
days before the date of any regular or special election. |
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| Registration
information shall include, but not be limited to, |
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| the
following information: name, sex, residence, telephone |
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| number, if any,
age, party affiliation, if applicable, |
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| precinct, ward, township,
county, and representative, |
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| legislative and
congressional districts. In the event of |
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| noncompliance, the State
Board of Elections is directed to |
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| obtain compliance forthwith with this
nondiscretionary duty of |
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| the election authority by instituting legal
proceedings in the |
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| circuit court of the county in which the election
authority |
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| maintains the registration information. The costs of |
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| furnishing
updated copies of tapes or discs shall be paid at a |
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| rate of $.00034 per
name of registered voters in the election |
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| jurisdiction, but not less than
$50 per tape or disc and shall |
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| be paid from appropriations made to the
State Board of |
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| Elections for reimbursement to the election authority for
such |
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| purpose. The State Board shall furnish copies of such tapes, |
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| discs, other
electronic data or compilations thereof to state |
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| political committees
registered pursuant to the Illinois |
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| Campaign Finance Act or the Federal
Election Campaign Act and |
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| to governmental entities, at their request and at a reasonable |
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| cost.
To protect the privacy and confidentiality of voter |
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| registration information,
the disclosure
of electronic voter |
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| registration records to any person or entity other than to a
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| State or local political
committee and other than to a |
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| governmental entity for a governmental
purpose is specifically |
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| prohibited. Copies of
the tapes, discs, or other electronic |
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| data shall be furnished by the county
clerk to local political |
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| committees and governmental entities at their request and at a
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| reasonable cost.
Reasonable cost of the tapes, discs, et cetera |
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| for
this purpose would be the cost of duplication plus 15% for
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| administration. The individual representing a political |
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| committee
requesting copies of such tapes shall make a sworn |
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| affidavit that the
information shall be used only for bona fide |
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| political purposes,
including by or for candidates for office |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| or incumbent office holders.
Such tapes, discs or other |
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| electronic data shall not be used under any
circumstances by |
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| any political committee or individuals for purposes of
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| commercial solicitation or other business purposes. If such |
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| tapes
contain information on county residents related to the |
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| operations of
county government in addition to registration |
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| information, that
information shall not be used under any |
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| circumstances for commercial
solicitation or other business |
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| purposes. The prohibition in this
Section against using the |
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| computer tapes or computer discs or other
electronic data |
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| processing information containing voter registration
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| information for purposes of commercial solicitation or other |
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| business
purposes shall be prospective only from the effective |
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| date of this
amended Act of 1979. Any person who violates this |
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| provision shall be
guilty of a Class 4 felony.
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| The State Board of Elections shall promulgate, by October |
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| 1, 1987, such
regulations as may be necessary to ensure |
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| uniformity throughout the State
in electronic data processing |
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| of voter registration information. The
regulations shall |
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| include, but need not be limited to, specifications for
uniform |
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| medium, communications protocol and file structure to be |
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| employed
by the election authorities of this State in the |
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| electronic data processing
of voter registration information. |
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| Each election authority utilizing
electronic data processing |
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| of voter registration information shall comply
with such |
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| regulations on and after May 15, 1988.
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| If the applicant for registration was last registered in |
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| another
county within this State, he shall also sign a |
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| certificate authorizing
cancellation of the former |
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| registration. The certificate shall be in
substantially the |
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| following form:
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| To the County Clerk of.... County, Illinois. (or)
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| To the Election Commission of the City of ...., Illinois.
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| This is to certify that I am registered in your (county) |
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| (city) and
that my residence was ............................
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| Having moved out of your (county) (city), I hereby authorize |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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| you to
cancel said registration in your office.
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| Dated at ...., Illinois, on (insert date).
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| .................................
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| (Signature of Voter)
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| Attest: ................, County Clerk, .............
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| County, Illinois.
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| The cancellation certificate shall be mailed immediately |
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| by the
County Clerk to the County Clerk (or election commission |
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| as the case may
be) where the applicant was formerly |
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| registered. Receipt of such
certificate shall be full authority |
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| for cancellation of any previous
registration.
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| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; |
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| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
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| (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
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| Sec. 5-7. The county clerk shall provide a sufficient |
16 |
| number of
blank forms for the registration of electors which |
17 |
| shall be known as
registration record cards and which shall |
18 |
| consist of loose leaf sheets
or cards, of suitable size to |
19 |
| contain in plain writing and figures the
data hereinafter |
20 |
| required thereon or shall consist of computer cards of
suitable |
21 |
| nature to contain the data required thereon. The registration
|
22 |
| record cards, which shall include an affidavit of registration |
23 |
| as
hereinafter provided, shall be executed in duplicate.
|
24 |
| The registration record card shall contain the following |
25 |
| and such
other information as the county clerk may think it |
26 |
| proper to require for
the identification of the applicant for |
27 |
| registration:
|
28 |
| Name. The name of the applicant, giving surname and first |
29 |
| or
Christian name in full, and the middle name or the initial |
30 |
| for such
middle name, if any.
|
31 |
| Sex.
|
32 |
| Residence. The name and number of the street, avenue, or |
33 |
| other
location of the dwelling, including the apartment, unit |
34 |
| or room number,
if any, and in the case of a mobile home the lot |
35 |
| number, and such additional
clear and definite description as |
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|
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HB0545 |
- 8 - |
LRB094 05038 JAM 35073 b |
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|
1 |
| may be necessary to determine the exact
location of the |
2 |
| dwelling of the applicant, including post-office mailing
|
3 |
| address. In the case of a homeless individual, the individual's |
4 |
| voting
residence that is his or her mailing address shall be |
5 |
| included on his or her
registration record card. The form may |
6 |
| require the applicant to indicate whether he or she is a |
7 |
| college or university student and, if so, must provide space |
8 |
| for the applicant to provide information about the applicant |
9 |
| with respect to the following factors, which the county clerk |
10 |
| may consider in determining whether the student resides in the |
11 |
| election jurisdiction for the purpose of voter registration: |
12 |
| (i) financial independence; (ii) business pursuits; (iii) |
13 |
| employment; (iv) income sources; (v) residence for State and |
14 |
| federal income tax purposes; (vi) marital status; (vii) |
15 |
| residence of parents, spouse, and children, if any; (viii) the |
16 |
| site of the applicant's leaseholds, if any; (ix) the site of |
17 |
| personal or real property owned by the applicant; and (x) the |
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| jurisdiction in which a motor vehicle or other personal |
19 |
| property is registered.
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| Term of residence in the State of Illinois and the |
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| precinct. Which
questions may be answered by the applicant |
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| stating, in excess of 30 days
in the State and in excess of 30 |
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| days in the precinct.
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| Nativity. The State or country in which the applicant was |
25 |
| born.
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| Citizenship. Whether the applicant is native born or |
27 |
| naturalized. If
naturalized, the court, place and date of |
28 |
| naturalization.
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| Date of application for registration, i.e., the day, month |
30 |
| and year
when applicant presented himself for registration.
|
31 |
| Age. Date of birth, by month, day and year.
|
32 |
| Physical disability of the applicant, if any, at the time |
33 |
| of
registration, which would require assistance in voting.
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34 |
| The county and state in which the applicant was last |
35 |
| registered.
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| Signature of voter. The applicant, after the registration |
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HB0545 |
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LRB094 05038 JAM 35073 b |
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1 |
| and in the
presence of a deputy registrar or other officer of |
2 |
| registration shall be
required to sign his or her name in ink |
3 |
| to the affidavit on the original
and duplicate registration |
4 |
| record card.
|
5 |
| Signature of Deputy Registrar.
|
6 |
| In case applicant is unable to sign his name, he may affix |
7 |
| his mark
to the affidavit. In such case the officer empowered |
8 |
| to give the
registration oath shall write a detailed |
9 |
| description of the applicant in
the space provided at the |
10 |
| bottom of the card or sheet; and shall ask the
following |
11 |
| questions and record the answers thereto:
|
12 |
| Father's first name .......................
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| Mother's first name .......................
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| From what address did you last register?
|
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| Reason for inability to sign name.
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16 |
| Each applicant for registration shall make an affidavit in
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17 |
| substantially the following form:
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| AFFIDAVIT OF REGISTRATION
|
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| State of Illinois)
|
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| )ss
|
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| County of )
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| I hereby swear (or affirm) that I am a citizen of the |
23 |
| United States;
that on the date of the next election I shall |
24 |
| have resided in the State
of Illinois and in the election |
25 |
| precinct in which I reside 30 days; that
I am fully qualified |
26 |
| to vote. That I intend that this location shall be
my residence |
27 |
| and that the above statements are true.
|
28 |
| ..............................
|
29 |
| (His or her signature or mark)
|
30 |
| Subscribed and sworn to before me on (insert date).
|
31 |
| .........................................
|
32 |
| Signature of Registration Officer.
|
33 |
| (To be signed in presence of Registrant.)
|
34 |
| Space shall be provided upon the face of each registration |
35 |
| record
card for the notation of the voting record of the person |
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HB0545 |
- 10 - |
LRB094 05038 JAM 35073 b |
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1 |
| registered
thereon.
|
2 |
| Each registration record card shall be numbered according |
3 |
| to towns
and precincts, wards, cities and villages, as the case |
4 |
| may be, and may
be serially or otherwise marked for |
5 |
| identification in such manner as the
county clerk may |
6 |
| determine.
|
7 |
| The registration cards shall be deemed public records and |
8 |
| shall be
open to inspection during regular business hours, |
9 |
| except during the 27
days immediately preceding any election. |
10 |
| On written request of any
candidate or objector or any person |
11 |
| intending to object to a petition, the
election authority shall |
12 |
| extend its hours for inspection of registration
cards and other |
13 |
| records of the election authority during the period
beginning |
14 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
15 |
| 28-3 and continuing through the termination of electoral board |
16 |
| hearings on
any objections to petitions containing signatures |
17 |
| of registered voters in
the jurisdiction of the election |
18 |
| authority. The extension shall be for a
period of hours |
19 |
| sufficient to allow adequate opportunity for examination of
the |
20 |
| records but the election authority is not required to extend |
21 |
| its hours
beyond the period beginning at its normal opening for |
22 |
| business and ending
at midnight. If the business hours are so |
23 |
| extended, the election authority
shall post a public notice of |
24 |
| such extended hours. Registration record cards
may also be |
25 |
| inspected, upon approval of the officer in charge of the cards,
|
26 |
| during the 27 days immediately preceding any election. |
27 |
| Registration
record
cards shall also be open to inspection by |
28 |
| certified judges and poll watchers
and challengers at the |
29 |
| polling place on election day, but only to the extent
necessary |
30 |
| to determine the question of the right of a person to vote or |
31 |
| to
serve as a judge of election. At no time shall poll watchers |
32 |
| or challengers be
allowed to physically handle the registration |
33 |
| record cards.
|
34 |
| Updated copies of computer tapes or computer discs or other |
35 |
| electronic data
processing information containing voter |
36 |
| registration information shall
be furnished by the county clerk |
|
|
|
HB0545 |
- 11 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| within 10 days after December 15 and
May
15 each year and |
2 |
| within 10 days after each registration
period is closed to the |
3 |
| State Board of Elections in a form
prescribed by the
Board. For |
4 |
| the purposes of this Section, a registration period is closed |
5 |
| 27
days before the date of any regular or special election. |
6 |
| Registration
information
shall include, but not be limited to, |
7 |
| the
following information: name, sex, residence, telephone |
8 |
| number, if any, age,
party affiliation, if applicable, |
9 |
| precinct, ward, township, county, and
representative, |
10 |
| legislative and congressional districts. In the event of
|
11 |
| noncompliance, the State Board of Elections is directed to |
12 |
| obtain compliance
forthwith with this nondiscretionary duty of |
13 |
| the election authority by
instituting legal proceedings in the |
14 |
| circuit court of the county in which the
election authority |
15 |
| maintains the registration information. The costs of
|
16 |
| furnishing updated copies of tapes or discs shall be paid at a |
17 |
| rate of $.00034
per name of registered voters in the election |
18 |
| jurisdiction, but not less than
$50 per tape or disc and shall |
19 |
| be paid from appropriations made to the State
Board of |
20 |
| Elections for reimbursement to the election authority for such
|
21 |
| purpose. The State Board shall furnish copies of such tapes, |
22 |
| discs, other electronic
data or compilations thereof to state |
23 |
| political committees registered pursuant
to the Illinois |
24 |
| Campaign Finance Act or the Federal Election Campaign Act and |
25 |
| to governmental entities, at
their request and at a reasonable |
26 |
| cost.
To protect the privacy and confidentiality of voter |
27 |
| registration information,
the disclosure
of electronic voter |
28 |
| registration records to any person or entity other than to a
|
29 |
| State or local political
committee and other than to a |
30 |
| governmental entity for a governmental
purpose
is specifically |
31 |
| prohibited.
Copies of the tapes, discs or other
electronic data |
32 |
| shall be furnished by the county clerk to local political
|
33 |
| committees and governmental entities at their request and at a |
34 |
| reasonable cost. Reasonable cost of the
tapes, discs, et cetera |
35 |
| for this purpose would be the cost of duplication plus
15% for |
36 |
| administration. The individual representing a political |
|
|
|
HB0545 |
- 12 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| committee
requesting copies of such tapes shall make a sworn |
2 |
| affidavit that the
information shall be used only for bona fide |
3 |
| political purposes,
including by or for candidates for office |
4 |
| or incumbent office holders.
Such tapes, discs or other |
5 |
| electronic data shall not be used under any
circumstances by |
6 |
| any political committee or individuals for purposes of
|
7 |
| commercial solicitation or other business purposes. If such |
8 |
| tapes
contain information on county residents related to the |
9 |
| operations of
county government in addition to registration |
10 |
| information, that
information shall not be used under any |
11 |
| circumstances for commercial
solicitation or other business |
12 |
| purposes. The prohibition in this
Section against using the |
13 |
| computer tapes or computer discs or other
electronic data |
14 |
| processing information containing voter registration
|
15 |
| information for purposes of commercial solicitation or other |
16 |
| business
purposes shall be prospective only from the effective |
17 |
| date of this
amended Act of 1979. Any person who violates this |
18 |
| provision shall be
guilty of a Class 4 felony.
|
19 |
| The State Board of Elections shall promulgate, by October |
20 |
| 1, 1987, such
regulations as may be necessary to ensure |
21 |
| uniformity throughout the State
in electronic data processing |
22 |
| of voter registration information. The
regulations shall |
23 |
| include, but need not be limited to, specifications for
uniform |
24 |
| medium, communications protocol and file structure to be |
25 |
| employed
by the election authorities of this State in the |
26 |
| electronic data processing
of voter registration information. |
27 |
| Each election authority utilizing
electronic data processing |
28 |
| of voter registration information shall comply
with such |
29 |
| regulations on and after May 15, 1988.
|
30 |
| If the applicant for registration was last registered in |
31 |
| another
county within this State, he shall also sign a |
32 |
| certificate authorizing
cancellation of the former |
33 |
| registration. The certificate shall be in
substantially the |
34 |
| following form:
|
35 |
| To the County Clerk of .... County, Illinois. To the Election
|
36 |
| Commission of the City of ...., Illinois.
|
|
|
|
HB0545 |
- 13 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| This is to certify that I am registered in your (county) |
2 |
| (city) and
that my residence was .....
|
3 |
| Having moved out of your (county) (city), I hereby |
4 |
| authorize you to
cancel said registration in your office.
|
5 |
| Dated at .... Illinois, on (insert date).
|
6 |
| ....................
|
7 |
| (Signature of Voter)
|
8 |
| Attest ......, County Clerk, ........ County, Illinois.
|
9 |
| The cancellation certificate shall be mailed immediately |
10 |
| by the
county clerk to the county clerk (or election commission |
11 |
| as the case may
be) where the applicant was formerly |
12 |
| registered. Receipt of such
certificate shall be full authority |
13 |
| for cancellation of any previous
registration.
|
14 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; |
15 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
|
16 |
| (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
17 |
| Sec. 6-35. The Boards of Election Commissioners shall |
18 |
| provide a
sufficient number of blank forms for the registration |
19 |
| of electors which
shall be known as registration record cards |
20 |
| and which shall consist of
loose leaf sheets or cards, of |
21 |
| suitable size to contain in plain writing
and figures the data |
22 |
| hereinafter required thereon or shall consist of computer
cards |
23 |
| of suitable nature to contain the data required thereon. The |
24 |
| registration
record cards, which shall include an affidavit of |
25 |
| registration as
hereinafter provided, shall be executed in |
26 |
| duplicate. The duplicate of
which may be a carbon copy of the |
27 |
| original or a copy of the original
made by the use of other |
28 |
| method or material used for making simultaneous
true copies or |
29 |
| duplications.
|
30 |
| The registration record card shall contain the following |
31 |
| and such
other information as the Board of Election |
32 |
| Commissioners may think it
proper to require for the |
33 |
| identification of the applicant for
registration:
|
34 |
| Name. The name of the applicant, giving surname and first |
35 |
| or
Christian name in full, and the middle name or the initial |
|
|
|
HB0545 |
- 14 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| for such
middle name, if any.
|
2 |
| Sex.
|
3 |
| Residence. The name and number of the street, avenue, or |
4 |
| other
location of the dwelling, including the apartment, unit |
5 |
| or room number,
if any, and in the case of a mobile home the lot |
6 |
| number, and such additional
clear and definite description as |
7 |
| may be necessary to determine the exact
location of the |
8 |
| dwelling of the applicant, including post-office mailing
|
9 |
| address. In the case of a homeless individual, the individual's |
10 |
| voting
residence that is his or her mailing address shall be |
11 |
| included on his or her
registration record card. The form may |
12 |
| require the applicant to indicate whether he or she is a |
13 |
| college or university student and, if so, must provide space |
14 |
| for the applicant to provide information about the applicant |
15 |
| with respect to the following factors, which the board of |
16 |
| election commissioners may consider in determining whether the |
17 |
| student resides in the election jurisdiction for the purpose of |
18 |
| voter registration: (i) financial independence; (ii) business |
19 |
| pursuits; (iii) employment; (iv) income sources; (v) residence |
20 |
| for State and federal income tax purposes; (vi) marital status; |
21 |
| (vii) residence of parents, spouse, and children, if any; |
22 |
| (viii) the site of the applicant's leaseholds, if any; (ix) the |
23 |
| site of personal or real property owned by the applicant; and |
24 |
| (x) the jurisdiction in which a motor vehicle or other personal |
25 |
| property is registered.
|
26 |
| Term of residence in the State of Illinois and the |
27 |
| precinct.
|
28 |
| Nativity. The state or country in which the applicant was |
29 |
| born.
|
30 |
| Citizenship. Whether the applicant is native born or |
31 |
| naturalized. If
naturalized, the court, place, and date of |
32 |
| naturalization.
|
33 |
| Date of application for registration, i.e., the day, month |
34 |
| and year
when the applicant presented himself for registration.
|
35 |
| Age. Date of birth, by month, day and year.
|
36 |
| Physical disability of the applicant, if any, at the time |
|
|
|
HB0545 |
- 15 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| of
registration, which would require assistance in voting.
|
2 |
| The county and state in which the applicant was last |
3 |
| registered.
|
4 |
| Signature of voter. The applicant, after registration and |
5 |
| in the
presence of a deputy registrar or other officer of |
6 |
| registration shall be
required to sign his or her name in ink |
7 |
| to the affidavit on both the
original and the duplicate |
8 |
| registration record card.
|
9 |
| Signature of deputy registrar.
|
10 |
| In case applicant is unable to sign his name, he may affix |
11 |
| his mark
to the affidavit. In such case the registration |
12 |
| officer shall write a
detailed description of the applicant in |
13 |
| the space provided at the
bottom of the card or sheet; and |
14 |
| shall ask the following questions and
record the answers |
15 |
| thereto:
|
16 |
| Father's first name .........................
|
17 |
| Mother's first name .........................
|
18 |
| From what address did you last register? ....
|
19 |
| Reason for inability to sign name ...........
|
20 |
| Each applicant for registration shall make an affidavit in
|
21 |
| substantially the following form:
|
22 |
| AFFIDAVIT OF REGISTRATION
|
23 |
| State of Illinois )
|
24 |
| )ss
|
25 |
| County of ....... )
|
26 |
| I hereby swear (or affirm) that I am a citizen of the |
27 |
| United States,
that on the day of the next election I shall |
28 |
| have resided in the State
of Illinois and in the election |
29 |
| precinct 30 days and that I intend that
this location is my |
30 |
| residence; that I am fully qualified to
vote, and that the |
31 |
| above statements are true.
|
32 |
| ..............................
|
33 |
| (His or her signature or mark)
|
34 |
| Subscribed and sworn to before me on (insert date).
|
35 |
| ......................................
|
36 |
| Signature of registration officer
|
|
|
|
HB0545 |
- 16 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| (to be signed in presence of registrant).
|
2 |
| Space shall be provided upon the face of each registration |
3 |
| record
card for the notation of the voting record of the person |
4 |
| registered
thereon.
|
5 |
| Each registration record card shall be numbered according |
6 |
| to wards or
precincts, as the case may be, and may be serially |
7 |
| or otherwise marked
for identification in such manner as the |
8 |
| Board of Election Commissioners
may determine.
|
9 |
| The registration cards shall be deemed public records and |
10 |
| shall be
open to inspection during regular business hours, |
11 |
| except during the 27
days immediately preceding any election. |
12 |
| On written request of any
candidate or objector or any person |
13 |
| intending to object to a petition, the
election authority shall |
14 |
| extend its hours for inspection of registration
cards and other |
15 |
| records of the election authority during the period
beginning |
16 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
17 |
| 28-3 and continuing through the termination of electoral board |
18 |
| hearings on
any objections to petitions containing signatures |
19 |
| of registered voters in
the jurisdiction of the election |
20 |
| authority. The extension shall be for a
period of hours |
21 |
| sufficient to allow adequate opportunity for examination of
the |
22 |
| records but the election authority is not required to extend |
23 |
| its hours
beyond the period beginning at its normal opening for |
24 |
| business and ending
at midnight. If the business hours are so |
25 |
| extended, the election authority
shall post a public notice of |
26 |
| such extended hours. Registration record cards
may also be |
27 |
| inspected, upon approval of the officer in charge of the cards,
|
28 |
| during the 27 days immediately preceding any election. |
29 |
| Registration
record
cards shall also be open to inspection by |
30 |
| certified judges and poll watchers
and challengers at the |
31 |
| polling place on election day, but only to the extent
necessary |
32 |
| to determine the question of the right of a person to vote or |
33 |
| to
serve as a judge of election. At no time shall poll watchers |
34 |
| or challengers be
allowed to physically handle the registration |
35 |
| record cards.
|
36 |
| Updated copies of computer tapes or computer discs or other |
|
|
|
HB0545 |
- 17 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| electronic data
processing information containing voter |
2 |
| registration information shall
be furnished by the Board of |
3 |
| Election Commissioners within 10 days after
December 15 and May |
4 |
| 15 each year and within 10
days after each registration period |
5 |
| is closed to the State Board
of Elections in a
form prescribed |
6 |
| by the State Board. For the purposes of this Section, a
|
7 |
| registration period is closed 27 days before the date of any |
8 |
| regular
or special
election. Registration information shall
|
9 |
| include, but not be limited to, the following information: |
10 |
| name, sex,
residence, telephone number, if any, age, party |
11 |
| affiliation, if
applicable, precinct, ward, township, county, |
12 |
| and representative,
legislative and congressional districts. |
13 |
| In the event of noncompliance,
the State Board of Elections is |
14 |
| directed to obtain compliance forthwith
with this |
15 |
| nondiscretionary duty of the election authority by instituting
|
16 |
| legal proceedings in the circuit court of the county in which |
17 |
| the election
authority maintains the registration information. |
18 |
| The costs of furnishing
updated copies of tapes or discs shall |
19 |
| be paid at a rate of $.00034
per name of registered voters in |
20 |
| the election jurisdiction, but not less
than $50 per tape or |
21 |
| disc and shall be paid from appropriations made to the
State |
22 |
| Board of Elections for reimbursement to the election authority |
23 |
| for
such purpose. The State Board shall furnish copies of such |
24 |
| tapes, discs,
other electronic data or compilations thereof to |
25 |
| state political committees
registered pursuant to the Illinois |
26 |
| Campaign Finance Act or the Federal
Election Campaign Act and |
27 |
| to governmental entities, at their request and at a reasonable |
28 |
| cost.
To protect the privacy and confidentiality of voter |
29 |
| registration information,
the disclosure
of electronic voter |
30 |
| registration records to any person or entity other than to a
|
31 |
| State or local political
committee and other than to a |
32 |
| governmental entity for a governmental
purpose is specifically |
33 |
| prohibited.
Copies of the
tapes, discs or other electronic data |
34 |
| shall be furnished by the Board of
Election Commissioners to |
35 |
| local political committees and governmental entities at their |
36 |
| request and at a
reasonable cost. Reasonable cost of the tapes, |
|
|
|
HB0545 |
- 18 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| discs, et cetera for
this purpose would be the cost of |
2 |
| duplication plus 15% for
administration. The individual |
3 |
| representing a political committee
requesting copies of such |
4 |
| tapes shall make a sworn affidavit that the
information shall |
5 |
| be used only for bona fide political purposes,
including by or |
6 |
| for candidates for office or incumbent office holders.
Such |
7 |
| tapes, discs or other electronic data shall not be used under |
8 |
| any
circumstances by any political committee or individuals for |
9 |
| purposes of
commercial solicitation or other business |
10 |
| purposes. If such tapes
contain information on county residents |
11 |
| related to the operations of
county government in addition to |
12 |
| registration information, that
information shall not be used |
13 |
| under any circumstances for commercial
solicitation or other |
14 |
| business purposes. The prohibition in this
Section against |
15 |
| using the computer tapes or computer discs or other
electronic |
16 |
| data processing information containing voter registration
|
17 |
| information for purposes of commercial solicitation or other |
18 |
| business
purposes shall be prospective only from the effective |
19 |
| date of this
amended Act of 1979. Any person who violates this |
20 |
| provision shall be
guilty of a Class 4 felony.
|
21 |
| The State Board of Elections shall promulgate, by October |
22 |
| 1, 1987, such
regulations as may be necessary to ensure |
23 |
| uniformity throughout the State
in electronic data processing |
24 |
| of voter registration information. The
regulations shall |
25 |
| include, but need not be limited to, specifications for
uniform |
26 |
| medium, communications protocol and file structure to be |
27 |
| employed
by the election authorities of this State in the |
28 |
| electronic data processing
of voter registration information. |
29 |
| Each election authority utilizing
electronic data processing |
30 |
| of voter registration information shall comply
with such |
31 |
| regulations on and after May 15, 1988.
|
32 |
| If the applicant for registration was last registered in |
33 |
| another
county within this State, he shall also sign a |
34 |
| certificate authorizing
cancellation of the former |
35 |
| registration. The certificate shall be in
substantially the |
36 |
| following form:
|
|
|
|
HB0545 |
- 19 - |
LRB094 05038 JAM 35073 b |
|
|
1 |
| To the County Clerk of .... County, Illinois.
|
2 |
| To the Election Commission of the City of ...., Illinois.
|
3 |
| This is to certify that I am registered in your (county) |
4 |
| (city) and
that my residence was ..... Having moved out of your |
5 |
| (county), (city), I
hereby authorize you to cancel that |
6 |
| registration in your office.
|
7 |
| Dated at ...., Illinois, on (insert date).
|
8 |
| ....................
|
9 |
| (Signature of Voter)
|
10 |
| Attest ...., Clerk, Election Commission of the City of....,
|
11 |
| Illinois.
|
12 |
| The cancellation certificate shall be mailed immediately |
13 |
| by the clerk
of the Election Commission to the county clerk, |
14 |
| (or Election Commission
as the case may be) where the applicant |
15 |
| was formerly registered. Receipt
of such certificate shall be |
16 |
| full authority for cancellation of any
previous registration.
|
17 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; |
18 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
|