|
|
|
SB1696 Engrossed |
|
LRB094 10905 JAM 41461 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 4-16, 5-23, and 6-54 and by adding Sections 4-105, |
6 |
| 5-105, and 6-105 as follows:
|
7 |
| (10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
|
8 |
| Sec. 4-16. Any registered voter who changes his residence |
9 |
| from one address
to another within the same county wherein this |
10 |
| Article is in effect, may
have his registration transferred to |
11 |
| his new address by making and signing
an application for change |
12 |
| of residence address upon a form to be provided
by the county |
13 |
| clerk. Such application must be made to the office of the
|
14 |
| county clerk and may be made either in person or by mail. In |
15 |
| case the
person is unable to sign his name, the county clerk |
16 |
| shall require him to
execute the application in the presence of |
17 |
| the county clerk or of his
properly authorized representative, |
18 |
| by his mark, and if satisfied of the
identity of the person, |
19 |
| the county clerk shall make the transfer.
|
20 |
| Upon receipt of the application, the county clerk, or one |
21 |
| of his
employees deputized to take registrations shall cause |
22 |
| the signature of the
voter and the data appearing upon the |
23 |
| application to be compared with the
signature and data on the |
24 |
| registration record card, and if it appears that
the applicant |
25 |
| is the same person as the person previously registered under
|
26 |
| that name the transfer shall be made.
|
27 |
| No transfers of registration under the provisions of this |
28 |
| Section shall
be made during the 27 days preceding any election |
29 |
| at which such
voter would
be entitled to vote. When a removal |
30 |
| of a registered voter takes place from
one address to another |
31 |
| within the same precinct within a period during
which a |
32 |
| transfer of registration cannot be made
before any election or |
|
|
|
SB1696 Engrossed |
- 2 - |
LRB094 10905 JAM 41461 b |
|
|
1 |
| primary, he shall be entitled to vote upon
presenting the |
2 |
| judges of election his affidavit substantially in the form
|
3 |
| prescribed in Section 17-10 of this Act of a change of |
4 |
| residence address
within the precinct on a date therein |
5 |
| specified.
|
6 |
| The county clerk may obtain information from utility |
7 |
| companies, city,
village, incorporated town and township |
8 |
| records, the post office, or from
other sources, regarding the |
9 |
| removal of registered voters, and may treat
such information, |
10 |
| and information procured from his death and marriage
records on |
11 |
| file in his office, as an application to erase from the |
12 |
| register
any name concerning which he may so have information |
13 |
| that the voter is no
longer qualified to vote under the name, |
14 |
| or from the address from which
registered, and give notice |
15 |
| thereof in the manner provided by Section 4--12
of this |
16 |
| Article, and notify voters who have changed their address that |
17 |
| a
transfer of registration may be made in the manner provided |
18 |
| in this
Section enclosing a form therefor.
|
19 |
| If any person be registered by error in a precinct other |
20 |
| than that in
which he resides, the county clerk may transfer |
21 |
| his registration to the
proper precinct, and if the error is or |
22 |
| may be on the part of the
registration officials, and is |
23 |
| disclosed too late before an election or
primary to mail the |
24 |
| certificate required by Section 4--15, such certificate
may be |
25 |
| personally delivered to the voter and he may vote thereon as |
26 |
| therein
provided, but such certificates so issued shall be |
27 |
| specially listed with
the reason for the issuance thereof.
|
28 |
| Where a revision or rearrangement of precincts is made by |
29 |
| the county
board, the county clerk shall immediately transfer |
30 |
| to the proper precinct
the registration of any voter affected |
31 |
| by such revision or rearrangement of
the precinct; make the |
32 |
| proper notations on the registration cards of a
voter affected |
33 |
| by the revision or rearrangement and shall issue revised
|
34 |
| certificates to each registrant of such change.
|
35 |
| Any registered voter who changes his or her name by |
36 |
| marriage or
otherwise shall be required to register anew and |
|
|
|
SB1696 Engrossed |
- 3 - |
LRB094 10905 JAM 41461 b |
|
|
1 |
| authorize the cancellation
of the previous registration; but if |
2 |
| the voter still resides in the same
precinct and if the change |
3 |
| of name takes place within a period during
which a transfer of |
4 |
| registration cannot be made, preceding any election
or primary,
|
5 |
| the elector may, if otherwise
qualified, vote upon making an |
6 |
| affidavit at the polling place attesting that the voter is the |
7 |
| same person who is registered to vote under his or her former |
8 |
| name. The affidavit shall be treated by the election authority |
9 |
| as authorization to cancel the registration under the former |
10 |
| name, and the election authority shall register the person |
11 |
| under his or her current name.
substantially in the form
|
12 |
| prescribed in Section 17-10 of this Act.
|
13 |
| The precinct election officials shall report to the county |
14 |
| clerk the
names and addresses of all persons who have changed |
15 |
| their addresses and
voted, which shall be treated as an |
16 |
| application to change address
accordingly, and the names and |
17 |
| addresses of all persons otherwise voting by
affidavit as in |
18 |
| this Section provided, which shall be treated as an
application |
19 |
| to erase under Section 4--12 hereof.
|
20 |
| (Source: P.A. 92-816, eff. 8-21-02.)
|
21 |
| (10 ILCS 5/4-105 new) |
22 |
| Sec. 4-105. First time voter. A person must vote for the |
23 |
| first time in person and not by a mailed absentee ballot if the |
24 |
| person registered to vote by mail, unless the person first |
25 |
| provides the appropriate election authority with sufficient |
26 |
| proof of identity by the person's driver's license number or |
27 |
| State identification card number or, if the person does not |
28 |
| have either of those, by the last 4 digits of the person's |
29 |
| social security number, a copy of a current and valid photo |
30 |
| identification, or a copy of a current utility bill, bank |
31 |
| statement, paycheck, government check, or other government |
32 |
| document that shows the person's name and address.
|
33 |
| (10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
|
34 |
| Sec. 5-23. Any registered voter who changes his residence |
|
|
|
SB1696 Engrossed |
- 4 - |
LRB094 10905 JAM 41461 b |
|
|
1 |
| from one address,
number or place to another within the same |
2 |
| county wherein this article 5
is in effect, may have his |
3 |
| registration transferred to his new address by
making and |
4 |
| signing an application for such change of residence upon a form
|
5 |
| to be provided by the county clerk. Such application must be |
6 |
| made to the
office of the county clerk. In case the person is |
7 |
| unable to sign his name
the county clerk shall require such |
8 |
| person to execute the request in the
presence of the county |
9 |
| clerk or of his properly authorized representative,
by his |
10 |
| mark, and if satisfied of the identity of the person, the |
11 |
| county
clerk shall make the transfer.
|
12 |
| Upon receipt of such application, the county clerk, or one |
13 |
| of his employees
deputized to take registrations shall cause |
14 |
| the signature of the voter and
the data appearing upon the |
15 |
| application to be compared with the signature
and data on the |
16 |
| registration record, and if it appears that the applicant
is |
17 |
| the same person as the party previously registered under that |
18 |
| name the
transfer shall be made.
|
19 |
| Transfer of registration under the provisions of this |
20 |
| section may not be
made within the period when the county |
21 |
| clerk's office is closed to registration
prior to an election |
22 |
| at which such voter would be entitled to vote.
|
23 |
| Any registered voter who changes his or her name by |
24 |
| marriage or
otherwise, shall be required to register anew and |
25 |
| authorize the
cancellation of the previous registration; |
26 |
| provided, however, that if
the change of name takes place |
27 |
| within a period during which such new
registration cannot be |
28 |
| made, next preceding any election or primary, the
elector may, |
29 |
| if otherwise qualified, vote upon making the following
|
30 |
| affidavit before the judges of election:
|
31 |
| I do solemnly swear that I am the same person now |
32 |
| registered in the
.... precinct of the .... ward of the city of |
33 |
| .... or .... District Town
of .... under the name of .... and |
34 |
| that I still reside in said precinct
or district.
|
35 |
| (Signed) ....
|
36 |
| If the voter whose name has changed still resides in the |
|
|
|
SB1696 Engrossed |
- 5 - |
LRB094 10905 JAM 41461 b |
|
|
1 |
| same precinct, the voter may vote after making the affidavit at |
2 |
| the polling place regardless of when the change of name |
3 |
| occurred. In that event, the affidavit shall not state that the |
4 |
| voter is required to register; the affidavit shall be treated |
5 |
| by the election authority as authorization to cancel the |
6 |
| registration under the former name, and the election authority |
7 |
| shall register the voter under his or her current name.
|
8 |
| When a removal of a registered voter takes place from one |
9 |
| address to
another within the same precinct within a period |
10 |
| during which such
transfer of registration cannot be made, |
11 |
| before any election or primary,
he shall be entitled to vote |
12 |
| upon presenting to the judges of election
an affidavit of a |
13 |
| change and having said affidavit supported by the
affidavit of |
14 |
| a qualified voter of the same precinct.
|
15 |
| Suitable forms for this purpose shall be provided by the |
16 |
| county clerk. The form
in all cases shall be similar to the |
17 |
| form furnished by the county clerk
for county and state |
18 |
| elections.
|
19 |
| The precinct election officials shall report to the county |
20 |
| clerk the names
and addresses of all such persons who have |
21 |
| changed their addresses and voted.
The city, village, town and |
22 |
| incorporated town clerks shall within five days
after every |
23 |
| election report to the county clerk the names and addresses
of |
24 |
| the persons reported to them as having voted by affidavit as in |
25 |
| this
section provided.
|
26 |
| The county clerk may obtain information from utility |
27 |
| companies, city,
village, town and incorporated town records, |
28 |
| the post office or from
other sources regarding the removal of |
29 |
| registered voters and notify such
voters that a transfer of |
30 |
| registration may be made in the manner
provided by this |
31 |
| section.
|
32 |
| If any person be registered by error in a precinct other |
33 |
| than that in
which he resides the county clerk shall be |
34 |
| empowered to transfer his
registration to the proper precinct.
|
35 |
| Where a revision or rearrangement of precincts is made by |
36 |
| the board
of county commissioners, the county clerk shall |
|
|
|
SB1696 Engrossed |
- 6 - |
LRB094 10905 JAM 41461 b |
|
|
1 |
| immediately transfer to
the proper precinct the registration of |
2 |
| any voter affected by such
revision or rearrangement of the |
3 |
| precincts; make the proper notations on
the registration cards |
4 |
| of a voter affected by the revision of
registration and shall |
5 |
| notify the registrant of such change.
|
6 |
| (Source: P.A. 80-1469.)
|
7 |
| (10 ILCS 5/5-105 new) |
8 |
| Sec. 5-105. First time voter. A person must vote for the |
9 |
| first time in person and not by a mailed absentee ballot if the |
10 |
| person registered to vote by mail, unless the person first |
11 |
| provides the appropriate election authority with sufficient |
12 |
| proof of identity by the person's driver's license number or |
13 |
| State identification card number or, if the person does not |
14 |
| have either of those, by the last 4 digits of the person's |
15 |
| social security number, a copy of a current and valid photo |
16 |
| identification, or a copy of a current utility bill, bank |
17 |
| statement, paycheck, government check, or other government |
18 |
| document that shows the person's name and address.
|
19 |
| (10 ILCS 5/6-54) (from Ch. 46, par. 6-54)
|
20 |
| Sec. 6-54. Any registered voter who changes his or her name |
21 |
| by marriage or
otherwise, shall be required to register anew |
22 |
| and authorize the
cancellation of the previous registration; |
23 |
| provided, however, that if the
change of name takes place |
24 |
| within a period during which such new
registration cannot be |
25 |
| made, next preceding any election or primary, the
elector may, |
26 |
| if otherwise qualified, vote upon making the following
|
27 |
| affidavit before the judges of election:
|
28 |
| "I do solemnly swear that I am the same person now |
29 |
| registered in the
.... precinct of the .... ward, under the |
30 |
| name of .... and that I still
reside in said precinct.
|
31 |
| (Signed)...."
|
32 |
| If the voter whose name has changed still resides in the |
33 |
| same precinct, the voter may vote after making the affidavit at |
34 |
| the polling place regardless of when the change of name |
|
|
|
SB1696 Engrossed |
- 7 - |
LRB094 10905 JAM 41461 b |
|
|
1 |
| occurred. In that event, the affidavit shall not state that the |
2 |
| voter is required to register; the affidavit shall be treated |
3 |
| by the election authority as authorization to cancel the |
4 |
| registration under the former name, and the election authority |
5 |
| shall register the voter under his or her current name.
|
6 |
| (Source: Laws 1943, vol. 2, p. 1.)
|
7 |
| (10 ILCS 5/6-105 new) |
8 |
| Sec. 6-105. First time voter. A person must vote for the |
9 |
| first time in person and not by a mailed absentee ballot if the |
10 |
| person registered to vote by mail, unless the person first |
11 |
| provides the appropriate election authority with sufficient |
12 |
| proof of identity by the person's driver's license number or |
13 |
| State identification card number or, if the person does not |
14 |
| have either of those, by the last 4 digits of the person's |
15 |
| social security number, a copy of a current and valid photo |
16 |
| identification, or a copy of a current utility bill, bank |
17 |
| statement, paycheck, government check, or other government |
18 |
| document that shows the person's name and address.
|