|
|
|
HB1971 Engrossed |
|
LRB094 02785 JAM 32786 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 1A-25, 4-8, 5-7, and 6-35 as follows: |
6 |
| (10 ILCS 5/1A-25) |
7 |
| (This Section may contain text from a Public Act with a |
8 |
| delayed effective date ) |
9 |
| Sec. 1A-25. Centralized statewide voter registration list. |
10 |
| The centralized statewide voter registration list required by |
11 |
| Title III, Subtitle A, Section 303 of the Help America Vote Act |
12 |
| of 2002 shall be created and maintained by the State Board of |
13 |
| Elections as provided in this Section. |
14 |
| (1) The centralized statewide voter registration list |
15 |
| shall be compiled from the voter registration data bases of |
16 |
| each election authority in this State.
|
17 |
| (2) All new voter registration forms and applications |
18 |
| to register to vote shall be transmitted to the appropriate |
19 |
| election authority. The election authority shall process |
20 |
| and verify each voter registration form and electronically |
21 |
| enter verified registrations on an expedited basis onto the |
22 |
| statewide voter registration list. All original |
23 |
| registration cards shall remain permanently in the office |
24 |
| of the election authority as required by Sections 4-20, |
25 |
| 5-28, and 6-65.
|
26 |
| (3) The centralized statewide voter registration list |
27 |
| shall:
|
28 |
| (i) Be designed to allow election authorities to |
29 |
| utilize the registration data on the statewide voter |
30 |
| registration list pertinent to voters registered in |
31 |
| their election jurisdiction on locally maintained |
32 |
| software programs that are unique to each |
|
|
|
HB1971 Engrossed |
- 2 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| jurisdiction.
|
2 |
| (ii) Allow each election authority to perform |
3 |
| essential election management functions, including but |
4 |
| not limited to production of voter lists, processing of |
5 |
| absentee voters, production of individual, pre-printed |
6 |
| applications to vote, administration of election |
7 |
| judges, and polling place administration, but shall |
8 |
| not prevent any election authority from using |
9 |
| information from that election authority's own |
10 |
| systems.
|
11 |
| (4) The registration information maintained by each |
12 |
| election authority shall at all times be synchronized with |
13 |
| that authority's information on the statewide list on a |
14 |
| constant, real-time basis.
|
15 |
| To protect the privacy and confidentiality of voter |
16 |
| registration information, the disclosure of any portion of the |
17 |
| centralized statewide voter registration list to any person or |
18 |
| entity other than to a State or local political committee and |
19 |
| other than to a governmental entity for a governmental purpose |
20 |
| is specifically prohibited except as follows: subject to |
21 |
| security measures adopted by the State Board of Elections |
22 |
| which, at a minimum, shall include the keeping of a catalog or |
23 |
| database, available for public view, including the name, |
24 |
| address, and telephone number of the person viewing the list as |
25 |
| well as the time of that viewing, any person may view the list |
26 |
| on a computer screen at the Springfield office of the State |
27 |
| Board of Elections, during normal business hours other than |
28 |
| during the 27 days before an election, but the person viewing |
29 |
| the list under this exception may not print, duplicate, |
30 |
| transmit, or alter the list .
|
31 |
| (Source: P.A. 93-1071, eff. 6-1-05.)
|
32 |
| (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
|
33 |
| Sec. 4-8. The county clerk shall provide a sufficient |
34 |
| number of blank
forms for the registration of electors, which |
35 |
| shall be known as
registration record cards and which shall |
|
|
|
HB1971 Engrossed |
- 3 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| consist of loose leaf sheets
or cards, of suitable size to |
2 |
| contain in plain writing and figures the
data hereinafter |
3 |
| required thereon or shall consist of computer cards of
suitable |
4 |
| nature to contain the data required thereon. The registration |
5 |
| record
cards, which shall include an affidavit of registration |
6 |
| as hereinafter
provided, shall be executed in duplicate.
|
7 |
| The registration record card shall contain the following |
8 |
| and such
other information as the county clerk may think it |
9 |
| proper to require for
the identification of the applicant for |
10 |
| registration:
|
11 |
| Name. The name of the applicant, giving surname and first |
12 |
| or
Christian name in full, and the middle name or the initial |
13 |
| for such
middle name, if any.
|
14 |
| Sex.
|
15 |
| Residence. The name and number of the street, avenue, or |
16 |
| other location of
the dwelling, including the apartment, unit |
17 |
| or room number, if any, and in the
case of a mobile home the lot |
18 |
| number, and such additional clear and definite
description as |
19 |
| may be necessary to determine the exact location of the
|
20 |
| dwelling of the applicant. Where the location cannot be |
21 |
| determined by
street and number, then the section, |
22 |
| congressional township and range
number may be used, or such |
23 |
| other description as may be necessary,
including post-office |
24 |
| mailing address. In the case of a homeless individual,
the |
25 |
| individual's voting residence that is his or her mailing |
26 |
| address shall be
included on his or her registration record |
27 |
| card.
|
28 |
| Term of residence in the State of Illinois and precinct. |
29 |
| This
information shall be furnished by the applicant stating |
30 |
| the place or
places where he resided and the dates during which |
31 |
| he resided in such
place or places during the year next |
32 |
| preceding the date of the next
ensuing election.
|
33 |
| Nativity. The state or country in which the applicant was |
34 |
| born.
|
35 |
| Citizenship. Whether the applicant is native born or |
36 |
| naturalized. If
naturalized, the court, place, and date of |
|
|
|
HB1971 Engrossed |
- 4 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| naturalization.
|
2 |
| Date of application for registration, i.e., the day, month |
3 |
| and year
when applicant presented himself for registration.
|
4 |
| Age. Date of birth, by month, day and year.
|
5 |
| Physical disability of the applicant, if any, at the time |
6 |
| of
registration, which would require assistance in voting.
|
7 |
| The county and state in which the applicant was last |
8 |
| registered.
|
9 |
| Signature of voter. The applicant, after the registration |
10 |
| and in the
presence of a deputy registrar or other officer of |
11 |
| registration shall be
required to sign his or her name in ink |
12 |
| to the affidavit on both the
original and duplicate |
13 |
| registration record cards.
|
14 |
| Signature of deputy registrar or officer of registration.
|
15 |
| In case applicant is unable to sign his name, he may affix |
16 |
| his mark
to the affidavit. In such case the officer empowered |
17 |
| to give the
registration oath shall write a detailed |
18 |
| description of the applicant in
the space provided on the back |
19 |
| or at the bottom of the card or sheet;
and shall ask the |
20 |
| following questions and record the answers thereto:
|
21 |
| Father's first name.
|
22 |
| Mother's first name.
|
23 |
| From what address did the applicant last register?
|
24 |
| Reason for inability to sign name.
|
25 |
| Each applicant for registration shall make an affidavit in
|
26 |
| substantially the following form:
|
27 |
| AFFIDAVIT OF REGISTRATION
|
28 |
| STATE OF ILLINOIS
|
29 |
| COUNTY OF .......
|
30 |
| I hereby swear (or affirm) that I am a citizen of the |
31 |
| United States;
that on the date of the next election I shall |
32 |
| have resided in the State
of Illinois and in the election |
33 |
| precinct in which I reside 30 days and
that I intend that this |
34 |
| location shall be my residence; that
I am fully qualified to |
35 |
| vote, and that the above statements are true.
|
36 |
| ..............................
|
|
|
|
HB1971 Engrossed |
- 5 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| (His or her signature or mark)
|
2 |
| Subscribed and sworn to before me on (insert date).
|
3 |
| ..................................
|
4 |
| Signature of registration officer.
|
5 |
| (To be signed in presence of registrant.)
|
6 |
| Space shall be provided upon the face of each registration |
7 |
| record
card for the notation of the voting record of the person |
8 |
| registered
thereon.
|
9 |
| Each registration record card shall be numbered according |
10 |
| to
precincts, and may be serially or otherwise marked for |
11 |
| identification in
such manner as the county clerk may |
12 |
| determine.
|
13 |
| The registration cards shall be deemed public records and |
14 |
| shall be
open to inspection during regular business hours, |
15 |
| except during the 27
days immediately preceding any election. |
16 |
| On written request of any
candidate or objector or any person |
17 |
| intending to object to a petition, the
election authority shall |
18 |
| extend its hours for inspection of registration
cards and other |
19 |
| records of the election authority during the period
beginning |
20 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
21 |
| 28-3 and continuing through the termination of electoral board |
22 |
| hearings on
any objections to petitions containing signatures |
23 |
| of registered voters in
the jurisdiction of the election |
24 |
| authority. The extension shall be for a
period of hours |
25 |
| sufficient to allow adequate opportunity for examination of
the |
26 |
| records but the election authority is not required to extend |
27 |
| its hours
beyond the period beginning at its normal opening for |
28 |
| business and ending
at midnight. If the business hours are so |
29 |
| extended, the election authority
shall post a public notice of |
30 |
| such extended hours. Registration record
cards may also be |
31 |
| inspected, upon approval of the officer in charge of the
cards, |
32 |
| during the 27 days immediately preceding any election.
|
33 |
| Registration
record cards shall also be open to inspection by |
34 |
| certified judges and poll
watchers and challengers at the |
35 |
| polling place on election day, but only to
the extent necessary |
|
|
|
HB1971 Engrossed |
- 6 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| to determine the question of the right of a person to
vote or |
2 |
| to serve as a judge of election. At no time shall poll watchers |
3 |
| or
challengers be allowed to physically handle the registration |
4 |
| record cards.
|
5 |
| Updated copies of computer tapes or computer discs or other |
6 |
| electronic data
processing information containing voter |
7 |
| registration information shall
be furnished by the county clerk |
8 |
| within 10 days after December 15 and
May
15 each year and |
9 |
| within 10 days after each registration
period is closed to the |
10 |
| State Board of Elections in a form
prescribed by the
Board. For |
11 |
| the purposes of this Section, a registration period is closed |
12 |
| 27
days before the date of any regular or special election. |
13 |
| Registration
information shall include, but not be limited to, |
14 |
| the
following information: name, sex, residence, telephone |
15 |
| number, if any,
age, party affiliation, if applicable, |
16 |
| precinct, ward, township,
county, and representative, |
17 |
| legislative and
congressional districts. In the event of |
18 |
| noncompliance, the State
Board of Elections is directed to |
19 |
| obtain compliance forthwith with this
nondiscretionary duty of |
20 |
| the election authority by instituting legal
proceedings in the |
21 |
| circuit court of the county in which the election
authority |
22 |
| maintains the registration information. The costs of |
23 |
| furnishing
updated copies of tapes or discs shall be paid at a |
24 |
| rate of $.00034 per
name of registered voters in the election |
25 |
| jurisdiction, but not less than
$50 per tape or disc and shall |
26 |
| be paid from appropriations made to the
State Board of |
27 |
| Elections for reimbursement to the election authority for
such |
28 |
| purpose. The State Board shall furnish copies of such tapes, |
29 |
| discs, other
electronic data or compilations thereof to state |
30 |
| political committees
registered pursuant to the Illinois |
31 |
| Campaign Finance Act or the Federal
Election Campaign Act and |
32 |
| to governmental entities, at their request and at a reasonable |
33 |
| cost.
To protect the privacy and confidentiality of voter |
34 |
| registration information,
the disclosure
of electronic voter |
35 |
| registration records to any person or entity other than to a
|
36 |
| State or local political
committee and other than to a |
|
|
|
HB1971 Engrossed |
- 7 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| governmental entity for a governmental
purpose is specifically |
2 |
| prohibited except as follows: subject to security measures |
3 |
| adopted by the State Board of Elections which, at a minimum, |
4 |
| shall include the keeping of a catalog or database, available |
5 |
| for public view, including the name, address, and telephone |
6 |
| number of the person viewing the list as well as the time of |
7 |
| that viewing, any person may view the centralized statewide |
8 |
| voter registration list on a computer screen at the Springfield |
9 |
| office of the State Board of Elections, during normal business |
10 |
| hours other than during the 27 days before an election, but the |
11 |
| person viewing the list under this exception may not print, |
12 |
| duplicate, transmit, or alter the list . Copies of
the tapes, |
13 |
| discs, or other electronic data shall be furnished by the |
14 |
| county
clerk to local political committees and governmental |
15 |
| entities at their request and at a
reasonable cost.
Reasonable |
16 |
| cost of the tapes, discs, et cetera for
this purpose would be |
17 |
| the cost of duplication plus 15% for
administration. The |
18 |
| individual representing a political committee
requesting |
19 |
| copies of such tapes shall make a sworn affidavit that the
|
20 |
| information shall be used only for bona fide political |
21 |
| purposes,
including by or for candidates for office or |
22 |
| incumbent office holders.
Such tapes, discs or other electronic |
23 |
| data shall not be used under any
circumstances by any political |
24 |
| committee or individuals for purposes of
commercial |
25 |
| solicitation or other business purposes. If such tapes
contain |
26 |
| information on county residents related to the operations of
|
27 |
| county government in addition to registration information, |
28 |
| that
information shall not be used under any circumstances for |
29 |
| commercial
solicitation or other business purposes. The |
30 |
| prohibition in this
Section against using the computer tapes or |
31 |
| computer discs or other
electronic data processing information |
32 |
| containing voter registration
information for purposes of |
33 |
| commercial solicitation or other business
purposes shall be |
34 |
| prospective only from the effective date of this
amended Act of |
35 |
| 1979. Any person who violates this provision shall be
guilty of |
36 |
| a Class 4 felony.
|
|
|
|
HB1971 Engrossed |
- 8 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| The State Board of Elections shall promulgate, by October |
2 |
| 1, 1987, such
regulations as may be necessary to ensure |
3 |
| uniformity throughout the State
in electronic data processing |
4 |
| of voter registration information. The
regulations shall |
5 |
| include, but need not be limited to, specifications for
uniform |
6 |
| medium, communications protocol and file structure to be |
7 |
| employed
by the election authorities of this State in the |
8 |
| electronic data processing
of voter registration information. |
9 |
| Each election authority utilizing
electronic data processing |
10 |
| of voter registration information shall comply
with such |
11 |
| regulations on and after May 15, 1988.
|
12 |
| If the applicant for registration was last registered in |
13 |
| another
county within this State, he shall also sign a |
14 |
| certificate authorizing
cancellation of the former |
15 |
| registration. The certificate shall be in
substantially the |
16 |
| following form:
|
17 |
| To the County Clerk of.... County, Illinois. (or)
|
18 |
| To the Election Commission of the City of ...., Illinois.
|
19 |
| This is to certify that I am registered in your (county) |
20 |
| (city) and
that my residence was ............................
|
21 |
| Having moved out of your (county) (city), I hereby authorize |
22 |
| you to
cancel said registration in your office.
|
23 |
| Dated at ...., Illinois, on (insert date).
|
24 |
| .................................
|
25 |
| (Signature of Voter)
|
26 |
| Attest: ................, County Clerk, .............
|
27 |
| County, Illinois.
|
28 |
| The cancellation certificate shall be mailed immediately |
29 |
| by the
County Clerk to the County Clerk (or election commission |
30 |
| as the case may
be) where the applicant was formerly |
31 |
| registered. Receipt of such
certificate shall be full authority |
32 |
| for cancellation of any previous
registration.
|
33 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; |
34 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
|
35 |
| (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
|
|
|
|
HB1971 Engrossed |
- 9 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| Sec. 5-7. The county clerk shall provide a sufficient |
2 |
| number of
blank forms for the registration of electors which |
3 |
| shall be known as
registration record cards and which shall |
4 |
| consist of loose leaf sheets
or cards, of suitable size to |
5 |
| contain in plain writing and figures the
data hereinafter |
6 |
| required thereon or shall consist of computer cards of
suitable |
7 |
| nature to contain the data required thereon. The registration
|
8 |
| record cards, which shall include an affidavit of registration |
9 |
| as
hereinafter provided, shall be executed in duplicate.
|
10 |
| The registration record card shall contain the following |
11 |
| and such
other information as the county clerk may think it |
12 |
| proper to require for
the identification of the applicant for |
13 |
| registration:
|
14 |
| Name. The name of the applicant, giving surname and first |
15 |
| or
Christian name in full, and the middle name or the initial |
16 |
| for such
middle name, if any.
|
17 |
| Sex.
|
18 |
| Residence. The name and number of the street, avenue, or |
19 |
| other
location of the dwelling, including the apartment, unit |
20 |
| or room number,
if any, and in the case of a mobile home the lot |
21 |
| number, and such additional
clear and definite description as |
22 |
| may be necessary to determine the exact
location of the |
23 |
| dwelling of the applicant, including post-office mailing
|
24 |
| address. In the case of a homeless individual, the individual's |
25 |
| voting
residence that is his or her mailing address shall be |
26 |
| included on his or her
registration record card.
|
27 |
| Term of residence in the State of Illinois and the |
28 |
| precinct. Which
questions may be answered by the applicant |
29 |
| stating, in excess of 30 days
in the State and in excess of 30 |
30 |
| days in the precinct.
|
31 |
| Nativity. The State or country in which the applicant was |
32 |
| born.
|
33 |
| Citizenship. Whether the applicant is native born or |
34 |
| naturalized. If
naturalized, the court, place and date of |
35 |
| naturalization.
|
36 |
| Date of application for registration, i.e., the day, month |
|
|
|
HB1971 Engrossed |
- 10 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| and year
when applicant presented himself for registration.
|
2 |
| Age. Date of birth, by month, day and year.
|
3 |
| Physical disability of the applicant, if any, at the time |
4 |
| of
registration, which would require assistance in voting.
|
5 |
| The county and state in which the applicant was last |
6 |
| registered.
|
7 |
| Signature of voter. The applicant, after the registration |
8 |
| and in the
presence of a deputy registrar or other officer of |
9 |
| registration shall be
required to sign his or her name in ink |
10 |
| to the affidavit on the original
and duplicate registration |
11 |
| record card.
|
12 |
| Signature of Deputy Registrar.
|
13 |
| In case applicant is unable to sign his name, he may affix |
14 |
| his mark
to the affidavit. In such case the officer empowered |
15 |
| to give the
registration oath shall write a detailed |
16 |
| description of the applicant in
the space provided at the |
17 |
| bottom of the card or sheet; and shall ask the
following |
18 |
| questions and record the answers thereto:
|
19 |
| Father's first name .......................
|
20 |
| Mother's first name .......................
|
21 |
| From what address did you last register?
|
22 |
| Reason for inability to sign name.
|
23 |
| Each applicant for registration shall make an affidavit in
|
24 |
| substantially the following form:
|
25 |
| AFFIDAVIT OF REGISTRATION
|
26 |
| State of Illinois)
|
27 |
| )ss
|
28 |
| County of )
|
29 |
| I hereby swear (or affirm) that I am a citizen of the |
30 |
| United States;
that on the date of the next election I shall |
31 |
| have resided in the State
of Illinois and in the election |
32 |
| precinct in which I reside 30 days; that
I am fully qualified |
33 |
| to vote. That I intend that this location shall be
my residence |
34 |
| and that the above statements are true.
|
35 |
| ..............................
|
36 |
| (His or her signature or mark)
|
|
|
|
HB1971 Engrossed |
- 11 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| Subscribed and sworn to before me on (insert date).
|
2 |
| .........................................
|
3 |
| Signature of Registration Officer.
|
4 |
| (To be signed in presence of Registrant.)
|
5 |
| Space shall be provided upon the face of each registration |
6 |
| record
card for the notation of the voting record of the person |
7 |
| registered
thereon.
|
8 |
| Each registration record card shall be numbered according |
9 |
| to towns
and precincts, wards, cities and villages, as the case |
10 |
| may be, and may
be serially or otherwise marked for |
11 |
| identification in such manner as the
county clerk may |
12 |
| determine.
|
13 |
| The registration cards shall be deemed public records and |
14 |
| shall be
open to inspection during regular business hours, |
15 |
| except during the 27
days immediately preceding any election. |
16 |
| On written request of any
candidate or objector or any person |
17 |
| intending to object to a petition, the
election authority shall |
18 |
| extend its hours for inspection of registration
cards and other |
19 |
| records of the election authority during the period
beginning |
20 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
21 |
| 28-3 and continuing through the termination of electoral board |
22 |
| hearings on
any objections to petitions containing signatures |
23 |
| of registered voters in
the jurisdiction of the election |
24 |
| authority. The extension shall be for a
period of hours |
25 |
| sufficient to allow adequate opportunity for examination of
the |
26 |
| records but the election authority is not required to extend |
27 |
| its hours
beyond the period beginning at its normal opening for |
28 |
| business and ending
at midnight. If the business hours are so |
29 |
| extended, the election authority
shall post a public notice of |
30 |
| such extended hours. Registration record cards
may also be |
31 |
| inspected, upon approval of the officer in charge of the cards,
|
32 |
| during the 27 days immediately preceding any election. |
33 |
| Registration
record
cards shall also be open to inspection by |
34 |
| certified judges and poll watchers
and challengers at the |
35 |
| polling place on election day, but only to the extent
necessary |
|
|
|
HB1971 Engrossed |
- 12 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| to determine the question of the right of a person to vote or |
2 |
| to
serve as a judge of election. At no time shall poll watchers |
3 |
| or challengers be
allowed to physically handle the registration |
4 |
| record cards.
|
5 |
| Updated copies of computer tapes or computer discs or other |
6 |
| electronic data
processing information containing voter |
7 |
| registration information shall
be furnished by the county clerk |
8 |
| within 10 days after December 15 and
May
15 each year and |
9 |
| within 10 days after each registration
period is closed to the |
10 |
| State Board of Elections in a form
prescribed by the
Board. For |
11 |
| the purposes of this Section, a registration period is closed |
12 |
| 27
days before the date of any regular or special election. |
13 |
| Registration
information
shall include, but not be limited to, |
14 |
| the
following information: name, sex, residence, telephone |
15 |
| number, if any, age,
party affiliation, if applicable, |
16 |
| precinct, ward, township, county, and
representative, |
17 |
| legislative and congressional districts. In the event of
|
18 |
| noncompliance, the State Board of Elections is directed to |
19 |
| obtain compliance
forthwith with this nondiscretionary duty of |
20 |
| the election authority by
instituting legal proceedings in the |
21 |
| circuit court of the county in which the
election authority |
22 |
| maintains the registration information. The costs of
|
23 |
| furnishing updated copies of tapes or discs shall be paid at a |
24 |
| rate of $.00034
per name of registered voters in the election |
25 |
| jurisdiction, but not less than
$50 per tape or disc and shall |
26 |
| be paid from appropriations made to the State
Board of |
27 |
| Elections for reimbursement to the election authority for such
|
28 |
| purpose. The State Board shall furnish copies of such tapes, |
29 |
| discs, other electronic
data or compilations thereof to state |
30 |
| political committees registered pursuant
to the Illinois |
31 |
| Campaign Finance Act or the Federal Election Campaign Act and |
32 |
| to governmental entities, at
their request and at a reasonable |
33 |
| cost.
To protect the privacy and confidentiality of voter |
34 |
| registration information,
the disclosure
of electronic voter |
35 |
| registration records to any person or entity other than to a
|
36 |
| State or local political
committee and other than to a |
|
|
|
HB1971 Engrossed |
- 13 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| governmental entity for a governmental
purpose
is specifically |
2 |
| prohibited except as follows: subject to security measures |
3 |
| adopted by the State Board of Elections which, at a minimum, |
4 |
| shall include the keeping of a catalog or database, available |
5 |
| for public view, including the name, address, and telephone |
6 |
| number of the person viewing the list as well as the time of |
7 |
| that viewing, any person may view the centralized statewide |
8 |
| voter registration list on a computer screen at the Springfield |
9 |
| office of the State Board of Elections, during normal business |
10 |
| hours other than during the 27 days before an election, but the |
11 |
| person viewing the list under this exception may not print, |
12 |
| duplicate, transmit, or alter the list .
Copies of the tapes, |
13 |
| discs or other
electronic data shall be furnished by the county |
14 |
| clerk to local political
committees and governmental entities |
15 |
| at their request and at a reasonable cost. Reasonable cost of |
16 |
| the
tapes, discs, et cetera for this purpose would be the cost |
17 |
| of duplication plus
15% for administration. The individual |
18 |
| representing a political committee
requesting copies of such |
19 |
| tapes shall make a sworn affidavit that the
information shall |
20 |
| be used only for bona fide political purposes,
including by or |
21 |
| for candidates for office or incumbent office holders.
Such |
22 |
| tapes, discs or other electronic data shall not be used under |
23 |
| any
circumstances by any political committee or individuals for |
24 |
| purposes of
commercial solicitation or other business |
25 |
| purposes. If such tapes
contain information on county residents |
26 |
| related to the operations of
county government in addition to |
27 |
| registration information, that
information shall not be used |
28 |
| under any circumstances for commercial
solicitation or other |
29 |
| business purposes. The prohibition in this
Section against |
30 |
| using the computer tapes or computer discs or other
electronic |
31 |
| data processing information containing voter registration
|
32 |
| information for purposes of commercial solicitation or other |
33 |
| business
purposes shall be prospective only from the effective |
34 |
| date of this
amended Act of 1979. Any person who violates this |
35 |
| provision shall be
guilty of a Class 4 felony.
|
36 |
| The State Board of Elections shall promulgate, by October |
|
|
|
HB1971 Engrossed |
- 14 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| 1, 1987, such
regulations as may be necessary to ensure |
2 |
| uniformity throughout the State
in electronic data processing |
3 |
| of voter registration information. The
regulations shall |
4 |
| include, but need not be limited to, specifications for
uniform |
5 |
| medium, communications protocol and file structure to be |
6 |
| employed
by the election authorities of this State in the |
7 |
| electronic data processing
of voter registration information. |
8 |
| Each election authority utilizing
electronic data processing |
9 |
| of voter registration information shall comply
with such |
10 |
| regulations on and after May 15, 1988.
|
11 |
| If the applicant for registration was last registered in |
12 |
| another
county within this State, he shall also sign a |
13 |
| certificate authorizing
cancellation of the former |
14 |
| registration. The certificate shall be in
substantially the |
15 |
| following form:
|
16 |
| To the County Clerk of .... County, Illinois. To the Election
|
17 |
| Commission of the City of ...., Illinois.
|
18 |
| This is to certify that I am registered in your (county) |
19 |
| (city) and
that my residence was .....
|
20 |
| Having moved out of your (county) (city), I hereby |
21 |
| authorize you to
cancel said registration in your office.
|
22 |
| Dated at .... Illinois, on (insert date).
|
23 |
| ....................
|
24 |
| (Signature of Voter)
|
25 |
| Attest ......, County Clerk, ........ County, Illinois.
|
26 |
| The cancellation certificate shall be mailed immediately |
27 |
| by the
county clerk to the county clerk (or election commission |
28 |
| as the case may
be) where the applicant was formerly |
29 |
| registered. Receipt of such
certificate shall be full authority |
30 |
| for cancellation of any previous
registration.
|
31 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; |
32 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
|
33 |
| (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
34 |
| Sec. 6-35. The Boards of Election Commissioners shall |
35 |
| provide a
sufficient number of blank forms for the registration |
|
|
|
HB1971 Engrossed |
- 15 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| of electors which
shall be known as registration record cards |
2 |
| and which shall consist of
loose leaf sheets or cards, of |
3 |
| suitable size to contain in plain writing
and figures the data |
4 |
| hereinafter required thereon or shall consist of computer
cards |
5 |
| of suitable nature to contain the data required thereon. The |
6 |
| registration
record cards, which shall include an affidavit of |
7 |
| registration as
hereinafter provided, shall be executed in |
8 |
| duplicate. The duplicate of
which may be a carbon copy of the |
9 |
| original or a copy of the original
made by the use of other |
10 |
| method or material used for making simultaneous
true copies or |
11 |
| duplications.
|
12 |
| The registration record card shall contain the following |
13 |
| and such
other information as the Board of Election |
14 |
| Commissioners may think it
proper to require for the |
15 |
| identification of the applicant for
registration:
|
16 |
| Name. The name of the applicant, giving surname and first |
17 |
| or
Christian name in full, and the middle name or the initial |
18 |
| for such
middle name, if any.
|
19 |
| Sex.
|
20 |
| Residence. The name and number of the street, avenue, or |
21 |
| other
location of the dwelling, including the apartment, unit |
22 |
| or room number,
if any, and in the case of a mobile home the lot |
23 |
| number, and such additional
clear and definite description as |
24 |
| may be necessary to determine the exact
location of the |
25 |
| dwelling of the applicant, including post-office mailing
|
26 |
| address. In the case of a homeless individual, the individual's |
27 |
| voting
residence that is his or her mailing address shall be |
28 |
| included on his or her
registration record card.
|
29 |
| Term of residence in the State of Illinois and the |
30 |
| precinct.
|
31 |
| Nativity. The state or country in which the applicant was |
32 |
| born.
|
33 |
| Citizenship. Whether the applicant is native born or |
34 |
| naturalized. If
naturalized, the court, place, and date of |
35 |
| naturalization.
|
36 |
| Date of application for registration, i.e., the day, month |
|
|
|
HB1971 Engrossed |
- 16 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| and year
when the applicant presented himself for registration.
|
2 |
| Age. Date of birth, by month, day and year.
|
3 |
| Physical disability of the applicant, if any, at the time |
4 |
| of
registration, which would require assistance in voting.
|
5 |
| The county and state in which the applicant was last |
6 |
| registered.
|
7 |
| Signature of voter. The applicant, after registration and |
8 |
| in the
presence of a deputy registrar or other officer of |
9 |
| registration shall be
required to sign his or her name in ink |
10 |
| to the affidavit on both the
original and the duplicate |
11 |
| registration record card.
|
12 |
| Signature of deputy registrar.
|
13 |
| In case applicant is unable to sign his name, he may affix |
14 |
| his mark
to the affidavit. In such case the registration |
15 |
| officer shall write a
detailed description of the applicant in |
16 |
| the space provided at the
bottom of the card or sheet; and |
17 |
| shall ask the following questions and
record the answers |
18 |
| thereto:
|
19 |
| Father's first name .........................
|
20 |
| Mother's first name .........................
|
21 |
| From what address did you last register? ....
|
22 |
| Reason for inability to sign name ...........
|
23 |
| Each applicant for registration shall make an affidavit in
|
24 |
| substantially the following form:
|
25 |
| AFFIDAVIT OF REGISTRATION
|
26 |
| State of Illinois )
|
27 |
| )ss
|
28 |
| County of ....... )
|
29 |
| I hereby swear (or affirm) that I am a citizen of the |
30 |
| United States,
that on the day of the next election I shall |
31 |
| have resided in the State
of Illinois and in the election |
32 |
| precinct 30 days and that I intend that
this location is my |
33 |
| residence; that I am fully qualified to
vote, and that the |
34 |
| above statements are true.
|
35 |
| ..............................
|
36 |
| (His or her signature or mark)
|
|
|
|
HB1971 Engrossed |
- 17 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| Subscribed and sworn to before me on (insert date).
|
2 |
| ......................................
|
3 |
| Signature of registration officer
|
4 |
| (to be signed in presence of registrant).
|
5 |
| Space shall be provided upon the face of each registration |
6 |
| record
card for the notation of the voting record of the person |
7 |
| registered
thereon.
|
8 |
| Each registration record card shall be numbered according |
9 |
| to wards or
precincts, as the case may be, and may be serially |
10 |
| or otherwise marked
for identification in such manner as the |
11 |
| Board of Election Commissioners
may determine.
|
12 |
| The registration cards shall be deemed public records and |
13 |
| shall be
open to inspection during regular business hours, |
14 |
| except during the 27
days immediately preceding any election. |
15 |
| On written request of any
candidate or objector or any person |
16 |
| intending to object to a petition, the
election authority shall |
17 |
| extend its hours for inspection of registration
cards and other |
18 |
| records of the election authority during the period
beginning |
19 |
| with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
20 |
| 28-3 and continuing through the termination of electoral board |
21 |
| hearings on
any objections to petitions containing signatures |
22 |
| of registered voters in
the jurisdiction of the election |
23 |
| authority. The extension shall be for a
period of hours |
24 |
| sufficient to allow adequate opportunity for examination of
the |
25 |
| records but the election authority is not required to extend |
26 |
| its hours
beyond the period beginning at its normal opening for |
27 |
| business and ending
at midnight. If the business hours are so |
28 |
| extended, the election authority
shall post a public notice of |
29 |
| such extended hours. Registration record cards
may also be |
30 |
| inspected, upon approval of the officer in charge of the cards,
|
31 |
| during the 27 days immediately preceding any election. |
32 |
| Registration
record
cards shall also be open to inspection by |
33 |
| certified judges and poll watchers
and challengers at the |
34 |
| polling place on election day, but only to the extent
necessary |
35 |
| to determine the question of the right of a person to vote or |
36 |
| to
serve as a judge of election. At no time shall poll watchers |
|
|
|
HB1971 Engrossed |
- 18 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| or challengers be
allowed to physically handle the registration |
2 |
| record cards.
|
3 |
| Updated copies of computer tapes or computer discs or other |
4 |
| electronic data
processing information containing voter |
5 |
| registration information shall
be furnished by the Board of |
6 |
| Election Commissioners within 10 days after
December 15 and May |
7 |
| 15 each year and within 10
days after each registration period |
8 |
| is closed to the State Board
of Elections in a
form prescribed |
9 |
| by the State Board. For the purposes of this Section, a
|
10 |
| registration period is closed 27 days before the date of any |
11 |
| regular
or special
election. Registration information shall
|
12 |
| include, but not be limited to, the following information: |
13 |
| name, sex,
residence, telephone number, if any, age, party |
14 |
| affiliation, if
applicable, precinct, ward, township, county, |
15 |
| and representative,
legislative and congressional districts. |
16 |
| In the event of noncompliance,
the State Board of Elections is |
17 |
| directed to obtain compliance forthwith
with this |
18 |
| nondiscretionary duty of the election authority by instituting
|
19 |
| legal proceedings in the circuit court of the county in which |
20 |
| the election
authority maintains the registration information. |
21 |
| The costs of furnishing
updated copies of tapes or discs shall |
22 |
| be paid at a rate of $.00034
per name of registered voters in |
23 |
| the election jurisdiction, but not less
than $50 per tape or |
24 |
| disc and shall be paid from appropriations made to the
State |
25 |
| Board of Elections for reimbursement to the election authority |
26 |
| for
such purpose. The State Board shall furnish copies of such |
27 |
| tapes, discs,
other electronic data or compilations thereof to |
28 |
| state political committees
registered pursuant to the Illinois |
29 |
| Campaign Finance Act or the Federal
Election Campaign Act and |
30 |
| to governmental entities, at their request and at a reasonable |
31 |
| cost.
To protect the privacy and confidentiality of voter |
32 |
| registration information,
the disclosure
of electronic voter |
33 |
| registration records to any person or entity other than to a
|
34 |
| State or local political
committee and other than to a |
35 |
| governmental entity for a governmental
purpose is specifically |
36 |
| prohibited except as follows: subject to security measures |
|
|
|
HB1971 Engrossed |
- 19 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| adopted by the State Board of Elections which, at a minimum, |
2 |
| shall include the keeping of a catalog or database, available |
3 |
| for public view, including the name, address, and telephone |
4 |
| number of the person viewing the list as well as the time of |
5 |
| that viewing, any person may view the centralized statewide |
6 |
| voter registration list on a computer screen at the Springfield |
7 |
| office of the State Board of Elections, during normal business |
8 |
| hours other than during the 27 days before an election, but the |
9 |
| person viewing the list under this exception may not print, |
10 |
| duplicate, transmit, or alter the list .
Copies of the
tapes, |
11 |
| discs or other electronic data shall be furnished by the Board |
12 |
| of
Election Commissioners to local political committees and |
13 |
| governmental entities at their request and at a
reasonable |
14 |
| cost. Reasonable cost of the tapes, discs, et cetera for
this |
15 |
| purpose would be the cost of duplication plus 15% for
|
16 |
| administration. The individual representing a political |
17 |
| committee
requesting copies of such tapes shall make a sworn |
18 |
| affidavit that the
information shall be used only for bona fide |
19 |
| political purposes,
including by or for candidates for office |
20 |
| or incumbent office holders.
Such tapes, discs or other |
21 |
| electronic data shall not be used under any
circumstances by |
22 |
| any political committee or individuals for purposes of
|
23 |
| commercial solicitation or other business purposes. If such |
24 |
| tapes
contain information on county residents related to the |
25 |
| operations of
county government in addition to registration |
26 |
| information, that
information shall not be used under any |
27 |
| circumstances for commercial
solicitation or other business |
28 |
| purposes. The prohibition in this
Section against using the |
29 |
| computer tapes or computer discs or other
electronic data |
30 |
| processing information containing voter registration
|
31 |
| information for purposes of commercial solicitation or other |
32 |
| business
purposes shall be prospective only from the effective |
33 |
| date of this
amended Act of 1979. Any person who violates this |
34 |
| provision shall be
guilty of a Class 4 felony.
|
35 |
| The State Board of Elections shall promulgate, by October |
36 |
| 1, 1987, such
regulations as may be necessary to ensure |
|
|
|
HB1971 Engrossed |
- 20 - |
LRB094 02785 JAM 32786 b |
|
|
1 |
| uniformity throughout the State
in electronic data processing |
2 |
| of voter registration information. The
regulations shall |
3 |
| include, but need not be limited to, specifications for
uniform |
4 |
| medium, communications protocol and file structure to be |
5 |
| employed
by the election authorities of this State in the |
6 |
| electronic data processing
of voter registration information. |
7 |
| Each election authority utilizing
electronic data processing |
8 |
| of voter registration information shall comply
with such |
9 |
| regulations on and after May 15, 1988.
|
10 |
| If the applicant for registration was last registered in |
11 |
| another
county within this State, he shall also sign a |
12 |
| certificate authorizing
cancellation of the former |
13 |
| registration. The certificate shall be in
substantially the |
14 |
| following form:
|
15 |
| To the County Clerk of .... County, Illinois.
|
16 |
| To the Election Commission of the City of ...., Illinois.
|
17 |
| This is to certify that I am registered in your (county) |
18 |
| (city) and
that my residence was ..... Having moved out of your |
19 |
| (county), (city), I
hereby authorize you to cancel that |
20 |
| registration in your office.
|
21 |
| Dated at ...., Illinois, on (insert date).
|
22 |
| ....................
|
23 |
| (Signature of Voter)
|
24 |
| Attest ...., Clerk, Election Commission of the City of....,
|
25 |
| Illinois.
|
26 |
| The cancellation certificate shall be mailed immediately |
27 |
| by the clerk
of the Election Commission to the county clerk, |
28 |
| (or Election Commission
as the case may be) where the applicant |
29 |
| was formerly registered. Receipt
of such certificate shall be |
30 |
| full authority for cancellation of any
previous registration.
|
31 |
| (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02; |
32 |
| 93-574, eff. 8-21-03; 93-847, eff. 7-30-04.)
|
33 |
| Section 95. No acceleration or delay. Where this Act makes |
34 |
| changes in a
statute that is represented in this Act by text |
35 |
| that is not yet or no longer in
effect (for example, a Section |