102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4068

 

Introduced 4/23/2021, by Rep. Kambium Buckner

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification or prerequisite to voting or standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgement of the right of any citizen of the United States to vote based on race or color or membership in a language minority group. Provides that a county, city, or town that has more than 5% of its eligible voters or 10,000 eligible voters that are members of a single language minority and are unable to speak or understand English adequately to participate in the electoral process shall provide shall also provide election materials in the language of that minority group. Requires notice of certain changes in the election process and allow for a public comment period. Alternatively, allows the election authority to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General to commence a civil action in response to a violation of the provisions. Makes other and conforming changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4068LRB102 18095 SMS 25245 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as the Illinois
5Voting Protection Act.
 
6    Section 5. The Election Code is amended by adding Article
73A and Sections 29-21, 29-22, and 29-23 and by changing
8Sections 17-14, 19A-25, and 29-4 as follows:
 
9    (10 ILCS 5/Art. 3A heading new)
10
ARTICLE 3A. RIGHTS OF VOTERS

 
11    (10 ILCS 5/3A-1 new)
12    Sec. 3A-1. Definitions. As used in this Article,
13"protected class" means a group of citizens protected from
14discrimination based on race or color or membership in a
15language minority.
 
16    (10 ILCS 5/3A-5 new)
17    Sec. 3A-5. Vote denial or dilution.
18    (a) No voting qualification or prerequisite to voting or
19standard, practice, or procedure shall be imposed or applied
20by the State or any locality in a manner that results in a

 

 

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1denial or abridgement of the right of any citizen of the United
2States to vote based on race or color or membership in a
3language minority group.
4    (b) A violation of subsection (a) is established if, on
5the basis of the totality of circumstances, it is shown that
6the political processes leading to nomination or election in
7the State or a locality are not equally open to participation
8by members of a protected class in that its members have less
9opportunity than other members of the electorate to
10participate in the political processes or to elect
11representatives of their choice. The extent to which members
12of a protected class have been elected to office in the State
13or locality is one circumstance that may be considered.
14    (c) Nothing in this Section shall be construed to
15establish a right to have members of a protected class elected
16in numbers equal to their proportion in the population.
 
17    (10 ILCS 5/3A-10 new)
18    Sec. 3A-10. Impairment of voting rights of registered
19voters. Nothing in this Article shall be construed to deny,
20impair, or otherwise adversely affect the right to vote of any
21registered voter.
 
22    (10 ILCS 5/3A-15 new)
23    Sec. 3A-15. Minority language accessibility.
24    (a) The State Board of Elections shall designate a county,

 

 

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1city, or town as a covered locality if it determines, in
2consultation with the Census Bureau of the United States
3Department of Commerce, on the basis of the 2010 American
4Community Survey census data and subsequent American Community
5Survey data in 5-year increments, or comparable census data,
6that (i) more than 5% of the citizens of voting age of the
7county, city, or town are members of a single language
8minority and are unable to speak or understand English
9adequately enough to participate in the electoral process; or
10(ii) more than 10,000 of the citizens of voting age of the
11county, city, or town are members of a single language
12minority and are unable to speak or understand English
13adequately enough to participate in the electoral process.
14    (b) Whenever a covered locality provides any voting or
15election materials, it shall provide the materials in the
16language of the applicable minority group as well as in the
17English language. For purposes of this requirement, "voting or
18election materials" means registration or voting notices,
19forms, instructions, assistance, voter information pamphlets,
20ballots, sample ballots, candidate qualification information,
21and notices regarding changes to local election districts,
22precincts, or polling places. For purposes of this
23requirement, "registration notices" means any notice of voter
24registration approval, denial, or cancellation required by
25this Code. A covered locality may distribute the materials in
26the preferred language identified by the voter.

 

 

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1    (c) The Attorney General, or any qualified voter who is a
2member of a language minority group for whom a covered
3locality is required to provide voting or election materials
4in that language, may institute a cause of action in the
5circuit court of the covered locality to compel the provision
6of the voting or election materials in the language of the
7applicable minority group. In the action, the court may, in
8its discretion, allow a private plaintiff a reasonable
9attorney's fee as part of the costs, if the plaintiff is the
10prevailing party.
 
11    (10 ILCS 5/3A-20 new)
12    Sec. 3A-20. Covered practices; actions required before
13enactment or administration.
14    (a) As used in this Section:
15    "Certification of no objection" means a certification
16issued by the Attorney General that there is no objection to
17the enactment or administration of a covered practice by a
18locality because the covered practice neither has the purpose
19or effect of denying or abridging the right to vote based on
20race or color or membership in a language minority group nor
21will result in the retrogression in the position of members of
22a racial or ethnic group with respect to their effective
23exercise of the electoral franchise.
24    "Covered practice" means:
25        (1) Any change to the method of election of members of

 

 

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1    a governing body or an elected school board by adding
2    seats elected at large or by converting one or more seats
3    elected from a single-member district to one or more
4    at-large seats or seats from a multi-member district;
5        (2) Any change, or series of changes within a 12-month
6    period, to the boundaries of the locality that reduces by
7    more than 5 percentage points the proportion of the
8    locality's voting age population that is composed of
9    members of a single racial or language minority group, as
10    determined by the most recent American Community Survey
11    data;
12        (3) Any change to the boundaries of election districts
13    or wards in the locality, including changes made pursuant
14    to a decennial redistricting measure;
15        (4) Any change that restricts the ability of any
16    person to provide interpreter services to voters in any
17    language other than English or that limits or impairs the
18    creation or distribution of voting or election materials
19    in any language other than English; or
20        (5) Any change that reduces the number of or
21    consolidates or relocates polling places in the locality,
22    except where permitted by law in the event of an
23    emergency.
24    "Voting age population" means the resident population of
25persons who are 18 years of age or older, as determined by the
26most recent American Community Survey data available at the

 

 

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1time any change to a covered practice is published pursuant to
2subsection (b).
3    (b) Before enacting or seeking to administer any voting
4qualification or prerequisite to voting, or any standard,
5practice, or procedure with respect to voting, that is a
6covered practice, the election authority shall publish on the
7official website for the locality the proposed covered
8practice and general notice of opportunity for public comment
9on the proposed covered practice. The election authority shall
10also publicize the notice through press releases and other
11media as will best serve the purpose and subject involved. The
12notice shall be made at least 45 days in advance of the last
13date prescribed in the notice for public comment.
14    Public comments shall be accepted for a period of no fewer
15than 30 days. During this period, the election authority shall
16afford interested persons an opportunity to submit data,
17views, and arguments in writing by mail, fax, or email or
18through an online public comment forum on the official website
19for the locality if one has been established. The election
20authority shall conduct at least one public hearing during
21this period to receive public comments on the proposed covered
22practice.
23    The election authority may make changes to the proposed
24covered practice in response to public comments received. If
25doing so, the revised covered practice shall be published and
26public comments shall be accepted in accordance with this

 

 

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1subsection, except the public comment period shall be no fewer
2than 15 days.
3    (c) Following the public comment period or periods
4prescribed in subsection (b), the election authority shall
5publish the final covered practice, which shall include a
6plain English description of the practice and the text of an
7ordinance giving effect to the practice, maps of proposed
8boundary changes, or other relevant materials, and notice that
9the covered practice will take effect in 30 days. During this
1030-day waiting period, any person who will be subject to or
11affected by the covered practice may challenge in the circuit
12court of the locality where the covered practice is to be
13implemented the covered practice as (i) having the purpose or
14effect of denying or abridging the right to vote on the basis
15of race or color or membership in a language minority group or
16(ii) resulting in the retrogression in the position of members
17of a racial or ethnic group with respect to their effective
18exercise of the electoral franchise. In the action, the court
19may, in its discretion, allow a private plaintiff a reasonable
20attorney's fee as part of the costs, if the plaintiff is the
21prevailing party.
22    (d) The election authority of a locality seeking to
23administer or implement a covered practice, in lieu of
24following the provisions of subsections (b) and (c), may
25submit the proposed covered practice to the Office of the
26Attorney General for issuance of a certification of no

 

 

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1objection. The covered practice shall not be given effect
2until the Attorney General has issued the certification of no
3objection. A certification of no objection shall be deemed to
4have been issued if the Attorney General does not interpose an
5objection within 60 days after the election authority's
6submission or if, upon good cause shown and to facilitate an
7expedited approval within 60 days after the election
8authority's submission, the Attorney General has affirmatively
9indicated that no such objection will be made. An affirmative
10indication by the Attorney General that no objection will be
11made or the absence of an objection to the covered practice by
12the Attorney General shall not bar a subsequent action to
13enjoin enforcement of such qualification, prerequisite,
14standard, practice, or procedure.
 
15    (10 ILCS 5/3A-25 new)
16    Sec. 3A-25. At-large method of election; limitations;
17violations; remedies.
18    (a) An at-large method of election, including one that
19combines at-large elections with district-based or ward-based
20elections, shall not be imposed or applied by the election
21authority of any locality in a manner that impairs the ability
22of members of a protected class to elect candidates of its
23choice or its ability to influence the outcome of an election,
24as a result of the dilution or the abridgement of the rights of
25voters who are members of a protected class.

 

 

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1    (b) A violation of subsection (a) is established if it is
2shown that racially polarized voting occurs in local elections
3and that this, in combination with the method of election,
4dilutes the voting strength of members of a protected class.
5For purposes of this subsection, "racially polarized voting"
6refers to the extent to which the candidate preferences of
7members of the protected class and other voters in the
8jurisdiction have differed in recent elections for the office
9at issue and other offices in which the voters have been
10presented with a choice between candidates who are members of
11the protected class and candidates who are not members of the
12protected class. A finding of racially polarized voting or a
13violation of subsection (a) shall not be precluded by the fact
14that members of a protected class are not geographically
15compact or concentrated in a locality. Proof of an intent on
16the part of voters or elected officials to discriminate
17against members of a protected class shall not be required to
18prove a violation of subsection (a).
19    (c) Any voter who is a member of a protected class and who
20resides in a locality where a violation of this Section is
21alleged shall be entitled to initiate a cause of action in the
22circuit court of the county or city in which the locality is
23located. In the action, the court may, in its discretion,
24allow a private plaintiff a reasonable attorney's fee as part
25of the costs, if the plaintiff is the prevailing party.
26    (d) Upon a finding of a violation of this Section, the

 

 

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1court shall order appropriate remedies that are tailored to
2remedy the violation, and may monitor the ongoing
3implementation of remedies so ordered.
 
4    (10 ILCS 5/3A-30 new)
5    Sec. 3A-30. Voter Education and Outreach Fund. There is
6hereby created in the State treasury a special fund to be known
7as the Voter Outreach and Education Fund. All penalties and
8charges directed to the Fund by Section 3A-35 and all other
9funds from any public or private source directed to the Fund
10shall be paid into the Fund. Interest earned on moneys in the
11Fund shall remain in the Fund and be credited to it. Moneys in
12the Fund shall be used solely for the purposes of educating
13voters and persons qualified to be voters on the rights
14ensured to them pursuant to federal and State constitutional
15and statutory law and remedies.
 
16    (10 ILCS 5/3A-35 new)
17    Sec. 3A-35. Civil actions by Attorney General.
18    (a) Whenever the Attorney General has reasonable cause to
19believe that a violation of this Code has occurred and that the
20rights of any voter or group of voters have been affected by
21the violation, the Attorney General may commence a civil
22action in the appropriate circuit court for appropriate
23relief.
24    (b) In the civil action, the court may:

 

 

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1        (1) Award such preventive relief, including a
2    permanent or temporary injunction, restraining order, and
3    other order against the person responsible for a violation
4    of this Code, as is necessary to assure the full enjoyment
5    of the rights granted by this Code.
6        (2) Assess a civil penalty against the respondent (i)
7    in an amount not exceeding $50,000 for a first violation
8    and (ii) in an amount not exceeding $100,000 for any
9    subsequent violation. The civil penalties are payable to
10    the Voter Education and Outreach Fund established pursuant
11    to Section 3A-30.
12        (3) Award a prevailing plaintiff reasonable attorney's
13    fees and costs.
14    (c) The court or jury may award such other relief to the
15aggrieved person as the court deems appropriate, including
16compensatory damages and punitive damages.
 
17    (10 ILCS 5/17-14)  (from Ch. 46, par. 17-14)
18    Sec. 17-14. Any voter who declares upon oath, properly
19witnessed and with his or her signature or mark affixed, that
20he or she requires assistance to vote by reason of blindness,
21physical disability or inability to read, write or speak the
22English language shall, upon request, be assisted in marking
23his or her ballot, by 2 judges of election of different
24political parties, to be selected by all judges of election of
25each precinct at the opening of the polls or by a person of the

 

 

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1voter's choice, other than the voter's employer or agent of
2that employer or officer or agent of the voter's union. A voter
3who presents an Illinois Person with a Disability
4Identification Card, issued to that person under the
5provisions of the Illinois Identification Card Act, indicating
6that such voter has a Class 1A or Class 2 disability under the
7provisions of Section 4A of the Illinois Identification Card
8Act, or a voter who declares upon oath, properly witnessed,
9that by reason of any physical disability he is unable to mark
10his ballot shall, upon request, be assisted in marking his
11ballot by 2 of the election officers of different parties as
12provided above in this Section or by a person of the voter's
13choice other than the voter's employer or agent of that
14employer or officer or agent of the voter's union. Such voter
15shall state specifically the reason why he cannot vote without
16assistance and, in the case of a voter with a physical
17disability, what his physical disability is. Prior to entering
18the voting booth, the person providing the assistance, if
19other than 2 judges of election, shall be presented with
20written instructions on how assistance shall be provided. This
21instruction shall be prescribed by the State Board of
22Elections and shall include the penalties for attempting to
23influence the voter's choice of candidates, party, or votes in
24relation to any question on the ballot and for not marking the
25ballot as directed by the voter. Additionally, the person
26providing the assistance shall sign an oath, swearing not to

 

 

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1influence the voter's choice of candidates, party, or votes in
2relation to any question on the ballot and to cast the ballot
3as directed by the voter. The oath shall be prescribed by the
4State Board of Elections and shall include the penalty for
5violating this Section. In the voting booth, such person shall
6mark the ballot as directed by the voter, and shall thereafter
7give no information regarding the same. The judges of election
8shall enter upon the poll lists or official poll record after
9the name of any elector who received such assistance in
10marking his ballot a memorandum of the fact and if the
11disability is permanent. Intoxication shall not be regarded as
12a physical disability, and no intoxicated person shall be
13entitled to assistance in marking his ballot.
14    In addition, if the voter requires assistance in a
15language other than English and has not designated a person to
16assist him, an election officer may assist as an interpreter
17but shall first inquire of those authorized to be present
18whether they have a volunteer available who can interpret for
19the voter. One representative for each party or candidate,
20insofar as available, shall be permitted to observe the
21election officer communicate with the voter. In any locality
22designated as a covered locality pursuant to Section 3A-15,
23the local election authority shall ensure that interpretation
24services in the language of the applicable minority group are
25available and easily accessible to voters needing assistance
26pursuant to this subsection.

 

 

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1    No person shall secure or attempt to secure assistance in
2voting who is not blind, a person with a physical disability,
3or illiterate as herein provided, nor shall any person
4knowingly assist a voter in voting contrary to the provisions
5of this Section.
6(Source: P.A. 99-143, eff. 7-27-15.)
 
7    (10 ILCS 5/19A-25)
8    Sec. 19A-25. Schedule of locations and times for early
9voting.
10    (a) The election authority shall publish during the week
11before the period for early voting and at least once each week
12during the period for early voting in a newspaper of general
13circulation in the election authority's jurisdiction a
14schedule stating:
15        (1) the location of each permanent and temporary
16    polling place for early voting and the precincts served by
17    each location; and
18        (2) the dates and hours that early voting will be
19    conducted at each location.
20    (b) The election authority shall post a copy of the
21schedule at any office or other location that is to be used as
22a polling place for early voting. The schedule must be posted
23continuously for a period beginning not later than the 10th
24day before the first day of the period for early voting by
25personal appearance and ending on the last day of that period.

 

 

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1    (c) The election authority must make copies of the
2schedule available to the public in reasonable quantities
3without charge during the period of posting.
4    (d) If the election authority maintains a website, it
5shall make the schedule available on its website.
6    (e) No additional permanent polling places for early
7voting may be established after the schedule is published
8under this Section. Additional temporary locations may be
9established after the schedule is published, provided that the
10location is open to all eligible voters. The location, dates,
11and hours shall be reported to the State Board of Elections and
12posted on the election authority's website.
13    (f) At least 10 days before the period for early voting
14begins, each election authority shall provide the State Board
15of Elections with a list of all early voting sites and the
16hours each site will be open.
17    (g) The election authority shall publish notice of covered
18practices pursuant to Section 3A-20.
19(Source: P.A. 98-1171, eff. 6-1-15.)
 
20    (10 ILCS 5/29-4)  (from Ch. 46, par. 29-4)
21    Sec. 29-4. Prevention of voting or candidate support.
22    (a) Any person who, by force, intimidation, threat,
23deception or forgery, knowingly prevents any other person from
24(a) registering to vote, or (b) lawfully voting, supporting or
25opposing the nomination or election of any person for public

 

 

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1office or any public question voted upon at any election,
2shall be guilty of a Class 4 felony.
3    (b) In addition to the criminal penalty provided in
4subsection (a), such actions shall also create a cause of
5action. A voter who is intimidated, threatened, or coerced by
6another person in violation of subsection (a) shall be
7entitled to institute an action for preventative relief,
8including an application for a permanent or temporary
9injunction, restraining order, and other order, against the
10person. The action shall be instituted in the circuit court of
11the locality where the violation occurred. In any the action,
12the court may, in its discretion, allow a private plaintiff a
13reasonable attorney's fee as part of the costs, if the
14plaintiff is the prevailing party.
15    (c) This Section applies to any election and to any method
16used by a political party for selection of its nominees and for
17selection of delegates to its conventions and meetings.
18(Source: P.A. 78-887.)
 
19    (10 ILCS 5/29-21 new)
20    Sec. 29-21. Intimidation of election officers. Any person
21who, by bribery, intimidation, threats, coercion, or other
22means in violation of this Code, willfully hinders or
23prevents, or attempts to hinder or prevent, the election
24officers at any polling place, including an early voting
25polling place and any or other location being used by a

 

 

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1locality for voting purposes, from holding an election is
2guilty of a Class 4 felony.
 
3    (10 ILCS 5/29-22 new)
4    Sec. 29-22. Communication of false information to
5registered voter.
6    (a) It shall be unlawful for any person to communicate to a
7registered voter, by any means, false information, knowing the
8information to be false, intended to impede the voter in the
9exercise of his right to vote. The provisions of this Section
10shall apply to information only about the date, time, and
11place of the election or the voter's precinct, polling place,
12or voter registration status or the location of early voting
13polling places.
14    (b) Any person who violates the provisions of this Section
15is guilty of a Class A misdemeanor. The violation may be
16prosecuted either in the jurisdiction from which the
17communication was made or in the jurisdiction in which the
18communication was received.
19    (c) In addition to the criminal penalty provided in
20subsection (b), a violation of the provisions of this Section
21shall also create a cause of action. A registered voter to whom
22the false information is communicated shall be entitled to
23institute an action for preventative relief, including an
24application for a permanent or temporary injunction,
25restraining order, and other order, against the person

 

 

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1communicating the false information. The action shall be
2instituted in the circuit court of either the jurisdiction
3from which the communication was made or the jurisdiction in
4which the communication was received. In any the action, the
5court may, in its discretion, allow a private plaintiff a
6reasonable attorney's fee as part of the costs, if the
7plaintiff is the prevailing party.
 
8    (10 ILCS 5/29-23 new)
9    Sec. 29-23. Interference with voting.
10    (a) Any person acting under the color of law who, contrary
11to an official policy or procedure, fails to permit, or
12refuses to permit, a qualified voter to vote, or who willfully
13fails or refuses to tabulate, count, or report the vote of a
14qualified voter, is subject to a civil penalty in an amount not
15exceeding $1,000 for each affected voter. The civil penalties
16shall be payable to the Voter Education and Outreach Fund
17established pursuant to Section 3A-30.
18    (b) Any person who furnishes a ballot to a person who he
19knows cannot understand the language in which the ballot is
20printed and misinforms him as to the content of the ballot with
21an intent to deceive him and induce him to vote contrary to his
22desire is guilty of a Class A misdemeanor. Any person who
23changes a ballot of a person to prevent the person from voting
24as he desires is guilty of a Class A misdemeanor. This
25subsection (b) applies to any election and to any method used

 

 

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1by a political party for selection of its nominees and for
2selection of delegates to its conventions and meetings.
 
3    Section 10. The State Finance Act is amended by adding
4Section 5.938 as follows:
 
5    (30 ILCS 105/5.938 new)
6    Sec. 5.938. The Voter Education and Outreach Fund.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/Art. 3A heading
4    new
5    10 ILCS 5/3A-1 new
6    10 ILCS 5/3A-5 new
7    10 ILCS 5/3A-10 new
8    10 ILCS 5/3A-15 new
9    10 ILCS 5/3A-20 new
10    10 ILCS 5/3A-25 new
11    10 ILCS 5/3A-30 new
12    10 ILCS 5/3A-35 new
13    10 ILCS 5/17-14from Ch. 46, par. 17-14
14    10 ILCS 5/19A-25
15    10 ILCS 5/29-4from Ch. 46, par. 29-4
16    10 ILCS 5/29-21 new
17    10 ILCS 5/29-22 new
18    10 ILCS 5/29-23 new
19    30 ILCS 105/5.938 new