SB1696 94TH GENERAL ASSEMBLY

LRB094 10905 JAM 41461 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1696

Introduced 2/24/2005, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

10 ILCS 5/4-16	from Ch. 46, par. 4-16
10 ILCS 5/4-105 new
10 ILCS 5/5-23	from Ch. 46, par. 5-23
10 ILCS 5/5-105 new
10 ILCS 5/6-54	from Ch. 46, par. 6-54
10 ILCS 5/6-105 new

Amends the Election Code. Requires first time voters who registered by mail to vote in person unless they first provide specified types of documents identifying their name and address. Permits a registered voter whose name has changed but who lives in the same precinct to vote after making an affidavit at the polling place as to his or her identity and registration (now, only if the name change occurred at certain times and only if another voter attests to his or her identity). Requires the election authority to treat the affidavit as a request to register under the new name.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 4-16, 5-23, and 6-54 and by adding Sections 4-105, 5-105, and 6-105 as follows:

(10 ILCS 5/4-16) (from Ch. 46, par. 4-16)

Sec. 4-16. Any registered voter who changes his residence from one address to another within the same county wherein this Article is in effect, may have his registration transferred to his new address by making and signing an application for change of residence address upon a form to be provided by the county clerk. Such application must be made to the office of the county clerk and may be made either in person or by mail. In case the person is unable to sign his name, the county clerk shall require him to execute the application in the presence of the county clerk or of his properly authorized representative, by his mark, and if satisfied of the identity of the person, the county clerk shall make the transfer.

Upon receipt of the application, the county clerk, or one of his employees deputized to take registrations shall cause the signature of the voter and the data appearing upon the application to be compared with the signature and data on the registration record card, and if it appears that the applicant is the same person as the person previously registered under that name the transfer shall be made.

No transfers of registration under the provisions of this Section shall be made during the 27 days preceding any election at which such voter would be entitled to vote. When a removal of a registered voter takes place from one address to another within the same precinct within a period during which a transfer of registration cannot be made before any election or primary, he shall be entitled to vote upon presenting the judges of election his affidavit substantially in the form prescribed in Section 17-10 of this Act of a change of residence address within the precinct on a date therein specified.

The county clerk may obtain information from utility companies, city, village, incorporated town and township records, the post office, or from other sources, regarding the removal of registered voters, and may treat such information, and information procured from his death and marriage records on file in his office, as an application to erase from the register any name concerning which he may so have information that the voter is no longer qualified to vote under the name, or from the address from which registered, and give notice thereof in the manner provided by Section 4--12 of this Article, and notify voters who have changed their address that a transfer of registration may be made in the manner provided in this Section enclosing a form therefor.

If any person be registered by error in a precinct other than that in which he resides, the county clerk may transfer his registration to the proper precinct, and if the error is or may be on the part of the registration officials, and is disclosed too late before an election or primary to mail the certificate required by Section 4--15, such certificate may be personally delivered to the voter and he may vote thereon as therein provided, but such certificates so issued shall be specially listed with the reason for the issuance thereof.

Where a revision or rearrangement of precincts is made by the county board, the county clerk shall immediately transfer to the proper precinct the registration of any voter affected by such revision or rearrangement of the precinct; make the proper notations on the registration cards of a voter affected by the revision or rearrangement and shall issue revised certificates to each registrant of such change.

Any registered voter who changes his or her name by marriage or otherwise shall be required to register anew and authorize the cancellation of the previous registration; but if the voter still resides in the same precinct and if the change of name takes place within a period during which a transfer of registration cannot be made, preceding any election or primary, the elector may, if otherwise qualified, vote upon making an affidavit at the polling place attesting that the voter is the same person who is registered to vote under his or her former name. The affidavit shall be treated by the election authority as authorization to cancel the registration under the former name, and the election authority shall register the person under his or her current name. substantially in the form prescribed in Section 17-10 of this Act.

The precinct election officials shall report to the county clerk the names and addresses of all persons who have changed their addresses and voted, which shall be treated as an application to change address accordingly, and the names and addresses of all persons otherwise voting by affidavit as in this Section provided, which shall be treated as an application to erase under Section 4--12 hereof.

(Source: P.A. 92-816, eff. 8-21-02.)

(10 ILCS 5/4-105 new)

Sec. 4-105. First time voter. A person must vote for the first time in person and not by a mailed absentee ballot if the person registered to vote by mail, unless the person first provides the appropriate election authority with sufficient proof of identity by the person's driver's license number or State identification card number or, if the person does not have either of those, by the last 4 digits of the person's social security number, a copy of a current and valid photo identification, or a copy of a current utility bill, bank statement, paycheck, government check, or other government document that shows the person's name and address.

(10 ILCS 5/5-23) (from Ch. 46, par. 5-23)

Sec. 5-23. Any registered voter who changes his residence from one address, number or place to another within the same county wherein this article 5 is in effect, may have his registration transferred to his new address by making and signing an application for such change of residence upon a form to be provided by the county clerk. Such application must be made to the office of the county clerk. In case the person is unable to sign his name the county clerk shall require such person to execute the request in the presence of the county clerk or of his properly authorized representative, by his mark, and if satisfied of the identity of the person, the county clerk shall make the transfer.

Upon receipt of such application, the county clerk, or one of his employees deputized to take registrations shall cause the signature of the voter and the data appearing upon the application to be compared with the signature and data on the registration record, and if it appears that the applicant is the same person as the party previously registered under that name the transfer shall be made.

Transfer of registration under the provisions of this section may not be made within the period when the county clerk's office is closed to registration prior to an election at which such voter would be entitled to vote.

Any registered voter who changes his or her name by marriage or otherwise, shall be required to register anew and authorize the cancellation of the previous registration; provided, however, that if the change of name takes place within a period during which such new registration cannot be made, next preceding any election or primary, the elector may, if otherwise qualified, vote upon making the following affidavit before the judges of election:

I do solemnly swear that I am the same person now registered in the .... precinct of the .... ward of the city of .... or .... District Town of .... under the name of .... and that I still reside in said precinct or district.

(Signed) ....

If the voter whose name has changed still resides in the same precinct, the voter may vote after making the affidavit at the polling place regardless of when the change of name occurred. In that event, the affidavit shall not state that the voter is required to register; the affidavit shall be treated by the election authority as authorization to cancel the registration under the former name, and the election authority shall register the voter under his or her current name.

When a removal of a registered voter takes place from one address to another within the same precinct within a period during which such transfer of registration cannot be made, before any election or primary, he shall be entitled to vote upon presenting to the judges of election an affidavit of a change and having said affidavit supported by the affidavit of a qualified voter of the same precinct.

Suitable forms for this purpose shall be provided by the county clerk. The form in all cases shall be similar to the form furnished by the county clerk for county and state elections.

The precinct election officials shall report to the county clerk the names and addresses of all such persons who have changed their addresses and voted. The city, village, town and incorporated town clerks shall within five days after every election report to the county clerk the names and addresses of the persons reported to them as having voted by affidavit as in this section provided.

The county clerk may obtain information from utility companies, city, village, town and incorporated town records, the post office or from other sources regarding the removal of registered voters and notify such voters that a transfer of registration may be made in the manner provided by this section.

If any person be registered by error in a precinct other than that in which he resides the county clerk shall be empowered to transfer his registration to the proper precinct.

Where a revision or rearrangement of precincts is made by the board of county commissioners, the county clerk shall immediately transfer to the proper precinct the registration of any voter affected by such revision or rearrangement of the precincts; make the proper notations on the registration cards of a voter affected by the revision of registration and shall notify the registrant of such change.

(Source: P.A. 80-1469.)

(10 ILCS 5/5-105 new)

Sec. 5-105. First time voter. A person must vote for the first time in person and not by a mailed absentee ballot if the person registered to vote by mail, unless the person first provides the appropriate election authority with sufficient proof of identity by the person's driver's license number or State identification card number or, if the person does not have either of those, by the last 4 digits of the person's social security number, a copy of a current and valid photo identification, or a copy of a current utility bill, bank statement, paycheck, government check, or other government document that shows the person's name and address.

(10 ILCS 5/6-54) (from Ch. 46, par. 6-54)

Sec. 6-54. Any registered voter who changes his or her name by marriage or otherwise, shall be required to register anew and authorize the cancellation of the previous registration; provided, however, that if the change of name takes place within a period during which such new registration cannot be made, next preceding any election or primary, the elector may, if otherwise qualified, vote upon making the following affidavit before the judges of election:

"I do solemnly swear that I am the same person now registered in the .... precinct of the .... ward, under the name of .... and that I still reside in said precinct.

(Signed)...."

If the voter whose name has changed still resides in the same precinct, the voter may vote after making the affidavit at the polling place regardless of when the change of name occurred. In that event, the affidavit shall not state that the voter is required to register; the affidavit shall be treated by the election authority as authorization to cancel the registration under the former name, and the election authority shall register the voter under his or her current name.

(Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/6-105 new)

Sec. 6-105. First time voter. A person must vote for the first time in person and not by a mailed absentee ballot if the person registered to vote by mail, unless the person first provides the appropriate election authority with sufficient proof of identity by the person's driver's license number or State identification card number or, if the person does not have either of those, by the last 4 digits of the person's social security number, a copy of a current and valid photo identification, or a copy of a current utility bill, bank statement, paycheck, government check, or other government document that shows the person's name and address.