94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0545

 

Introduced 1/27/2005, by Rep. William B. Black

 

SYNOPSIS AS INTRODUCED:
 
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

    Amends the Election Code. Permits an election authority to consider specified factors when determining the residence of a college student applying for voter registration.


LRB094 05038 JAM 35073 b

 

 

A BILL FOR

 

HB0545 LRB094 05038 JAM 35073 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 4-8, 5-7, and 6-35 as follows:
 
6     (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
7     Sec. 4-8. The county clerk shall provide a sufficient
8 number of blank forms for the registration of electors, which
9 shall be known as registration record cards and which shall
10 consist of loose leaf sheets or cards, of suitable size to
11 contain in plain writing and figures the data hereinafter
12 required thereon or shall consist of computer cards of suitable
13 nature to contain the data required thereon. The registration
14 record cards, which shall include an affidavit of registration
15 as hereinafter provided, shall be executed in duplicate.
16     The registration record card shall contain the following
17 and such other information as the county clerk may think it
18 proper to require for the identification of the applicant for
19 registration:
20     Name. The name of the applicant, giving surname and first
21 or Christian name in full, and the middle name or the initial
22 for such middle name, if any.
23     Sex.
24     Residence. The name and number of the street, avenue, or
25 other location of the dwelling, including the apartment, unit
26 or room number, if any, and in the case of a mobile home the lot
27 number, and such additional clear and definite description as
28 may be necessary to determine the exact location of the
29 dwelling of the applicant. Where the location cannot be
30 determined by street and number, then the section,
31 congressional township and range number may be used, or such
32 other description as may be necessary, including post-office

 

 

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1 mailing address. In the case of a homeless individual, the
2 individual's voting residence that is his or her mailing
3 address shall be included on his or her registration record
4 card. The form may require the applicant to indicate whether he
5 or she is a college or university student and, if so, must
6 provide space for the applicant to provide information about
7 the applicant with respect to the following factors, which the
8 county clerk may consider in determining whether the student
9 resides in the election jurisdiction for the purpose of voter
10 registration: (i) financial independence; (ii) business
11 pursuits; (iii) employment; (iv) income sources; (v) residence
12 for State and federal income tax purposes; (vi) marital status;
13 (vii) residence of parents, spouse, and children, if any;
14 (viii) the site of the applicant's leaseholds, if any; (ix) the
15 site of personal or real property owned by the applicant; and
16 (x) the jurisdiction in which a motor vehicle or other personal
17 property is registered.
18     Term of residence in the State of Illinois and precinct.
19 This information shall be furnished by the applicant stating
20 the place or places where he resided and the dates during which
21 he resided in such place or places during the year next
22 preceding the date of the next ensuing election.
23     Nativity. The state or country in which the applicant was
24 born.
25     Citizenship. Whether the applicant is native born or
26 naturalized. If naturalized, the court, place, and date of
27 naturalization.
28     Date of application for registration, i.e., the day, month
29 and year when applicant presented himself for registration.
30     Age. Date of birth, by month, day and year.
31     Physical disability of the applicant, if any, at the time
32 of registration, which would require assistance in voting.
33     The county and state in which the applicant was last
34 registered.
35     Signature of voter. The applicant, after the registration
36 and in the presence of a deputy registrar or other officer of

 

 

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1 registration shall be required to sign his or her name in ink
2 to the affidavit on both the original and duplicate
3 registration record cards.
4     Signature of deputy registrar or officer of registration.
5     In case applicant is unable to sign his name, he may affix
6 his mark to the affidavit. In such case the officer empowered
7 to give the registration oath shall write a detailed
8 description of the applicant in the space provided on the back
9 or at the bottom of the card or sheet; and shall ask the
10 following questions and record the answers thereto:
11     Father's first name.
12     Mother's first name.
13     From what address did the applicant last register?
14     Reason for inability to sign name.
15     Each applicant for registration shall make an affidavit in
16 substantially the following form:
17
AFFIDAVIT OF REGISTRATION
18 STATE OF ILLINOIS
19 COUNTY OF .......
20     I hereby swear (or affirm) that I am a citizen of the
21 United States; that on the date of the next election I shall
22 have resided in the State of Illinois and in the election
23 precinct in which I reside 30 days and that I intend that this
24 location shall be my residence; that I am fully qualified to
25 vote, and that the above statements are true.
26
..............................
27
(His or her signature or mark)
28     Subscribed and sworn to before me on (insert date).
29 ..................................
30 Signature of registration officer.
31 (To be signed in presence of registrant.)
 
32     Space shall be provided upon the face of each registration
33 record card for the notation of the voting record of the person
34 registered thereon.
35     Each registration record card shall be numbered according

 

 

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1 to precincts, and may be serially or otherwise marked for
2 identification in such manner as the county clerk may
3 determine.
4     The registration cards shall be deemed public records and
5 shall be open to inspection during regular business hours,
6 except during the 27 days immediately preceding any election.
7 On written request of any candidate or objector or any person
8 intending to object to a petition, the election authority shall
9 extend its hours for inspection of registration cards and other
10 records of the election authority during the period beginning
11 with the filing of petitions under Sections 7-10, 8-8, 10-6 or
12 28-3 and continuing through the termination of electoral board
13 hearings on any objections to petitions containing signatures
14 of registered voters in the jurisdiction of the election
15 authority. The extension shall be for a period of hours
16 sufficient to allow adequate opportunity for examination of the
17 records but the election authority is not required to extend
18 its hours beyond the period beginning at its normal opening for
19 business and ending at midnight. If the business hours are so
20 extended, the election authority shall post a public notice of
21 such extended hours. Registration record cards may also be
22 inspected, upon approval of the officer in charge of the cards,
23 during the 27 days immediately preceding any election.
24 Registration record cards shall also be open to inspection by
25 certified judges and poll watchers and challengers at the
26 polling place on election day, but only to the extent necessary
27 to determine the question of the right of a person to vote or
28 to serve as a judge of election. At no time shall poll watchers
29 or challengers be allowed to physically handle the registration
30 record cards.
31     Updated copies of computer tapes or computer discs or other
32 electronic data processing information containing voter
33 registration information shall be furnished by the county clerk
34 within 10 days after December 15 and May 15 each year and
35 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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1 the purposes of this Section, a registration period is closed
2 27 days before the date of any regular or special election.
3 Registration information shall include, but not be limited to,
4 the following information: name, sex, residence, telephone
5 number, if any, age, party affiliation, if applicable,
6 precinct, ward, township, county, and representative,
7 legislative and congressional districts. In the event of
8 noncompliance, the State Board of Elections is directed to
9 obtain compliance forthwith with this nondiscretionary duty of
10 the election authority by instituting legal proceedings in the
11 circuit court of the county in which the election authority
12 maintains the registration information. The costs of
13 furnishing updated copies of tapes or discs shall be paid at a
14 rate of $.00034 per name of registered voters in the election
15 jurisdiction, but not less than $50 per tape or disc and shall
16 be paid from appropriations made to the State Board of
17 Elections for reimbursement to the election authority for such
18 purpose. The State Board shall furnish copies of such tapes,
19 discs, other electronic data or compilations thereof to state
20 political committees registered pursuant to the Illinois
21 Campaign Finance Act or the Federal Election Campaign Act and
22 to governmental entities, at their request and at a reasonable
23 cost. To protect the privacy and confidentiality of voter
24 registration information, the disclosure of electronic voter
25 registration records to any person or entity other than to a
26 State or local political committee and other than to a
27 governmental entity for a governmental purpose is specifically
28 prohibited. Copies of the tapes, discs, or other electronic
29 data shall be furnished by the county clerk to local political
30 committees and governmental entities at their request and at a
31 reasonable cost. Reasonable cost of the tapes, discs, et cetera
32 for this purpose would be the cost of duplication plus 15% for
33 administration. The individual representing a political
34 committee requesting copies of such tapes shall make a sworn
35 affidavit that the information shall be used only for bona fide
36 political purposes, including by or for candidates for office

 

 

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1 or incumbent office holders. Such tapes, discs or other
2 electronic data shall not be used under any circumstances by
3 any political committee or individuals for purposes of
4 commercial solicitation or other business purposes. If such
5 tapes contain information on county residents related to the
6 operations of county government in addition to registration
7 information, that information shall not be used under any
8 circumstances for commercial solicitation or other business
9 purposes. The prohibition in this Section against using the
10 computer tapes or computer discs or other electronic data
11 processing information containing voter registration
12 information for purposes of commercial solicitation or other
13 business purposes shall be prospective only from the effective
14 date of this amended Act of 1979. Any person who violates this
15 provision shall be guilty of a Class 4 felony.
16     The State Board of Elections shall promulgate, by October
17 1, 1987, such regulations as may be necessary to ensure
18 uniformity throughout the State in electronic data processing
19 of voter registration information. The regulations shall
20 include, but need not be limited to, specifications for uniform
21 medium, communications protocol and file structure to be
22 employed by the election authorities of this State in the
23 electronic data processing of voter registration information.
24 Each election authority utilizing electronic data processing
25 of voter registration information shall comply with such
26 regulations on and after May 15, 1988.
27     If the applicant for registration was last registered in
28 another county within this State, he shall also sign a
29 certificate authorizing cancellation of the former
30 registration. The certificate shall be in substantially the
31 following form:
32 To the County Clerk of.... County, Illinois. (or)
33 To the Election Commission of the City of ...., Illinois.
34     This is to certify that I am registered in your (county)
35 (city) and that my residence was ............................
36 Having moved out of your (county) (city), I hereby authorize

 

 

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1 you to cancel said registration in your office.
2 Dated at ...., Illinois, on (insert date).
3
.................................
4
(Signature of Voter)
5 Attest: ................,  County Clerk, .............
6 County, Illinois.
7     The cancellation certificate shall be mailed immediately
8 by the County Clerk to the County Clerk (or election commission
9 as the case may be) where the applicant was formerly
10 registered. Receipt of such certificate shall be full authority
11 for cancellation of any previous registration.
12 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
13 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
 
14     (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
15     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

 

 

HB0545 - 8 - LRB094 05038 JAM 35073 b

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
18 jurisdiction in which a motor vehicle or other personal
19 property is registered.
20     Term of residence in the State of Illinois and the
21 precinct. Which questions may be answered by the applicant
22 stating, in excess of 30 days in the State and in excess of 30
23 days in the precinct.
24     Nativity. The State or country in which the applicant was
25 born.
26     Citizenship. Whether the applicant is native born or
27 naturalized. If naturalized, the court, place and date of
28 naturalization.
29     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.
34     The county and state in which the applicant was last
35 registered.
36     Signature of voter. The applicant, after the registration

 

 

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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 .......................
13     Mother's first name .......................
14     From what address did you last register?
15     Reason for inability to sign name.
16     Each applicant for registration shall make an affidavit in
17 substantially the following form:
18
AFFIDAVIT OF REGISTRATION
19 State of Illinois)
20                  )ss
21 County of        )
22     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

 

 

HB0545 - 10 - LRB094 05038 JAM 35073 b

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

 

 

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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,

 

 

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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:

 

 

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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.)