103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1244

 

Introduced 1/31/2023, by Rep. Kam 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, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners 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 or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.


LRB103 05859 AWJ 50880 b

 

 

A BILL FOR

 

HB1244LRB103 05859 AWJ 50880 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 12-1, 17-14, 18-5, 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    "Covered locality" means a locality or part of a locality
14designated by the State Board of Elections as a covered
15locality under subsection (a) of Section 3A-15.
16    "Locality" means the geographic area within which an
17election authority operates.
18    "Protected class" means a group of citizens protected from
19discrimination based on race, color, or membership in a
20language minority.
 

 

 

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1    (10 ILCS 5/3A-5 new)
2    Sec. 3A-5. Vote denial or dilution.
3    (a) No voting qualification, prerequisite, standard,
4practice, or procedure shall be imposed or applied by the
5State or any locality in a manner that results in a denial or
6abridgment of the right of any citizen of the United States to
7vote based on the citizen's protected class.
8    (b) A violation of subsection (a) is established if, on
9the basis of the totality of the circumstances, it is shown
10that the political processes leading to nomination or election
11in the State or a locality are not equally open to
12participation by members of a protected class. The extent to
13which members of a protected class have been elected to office
14in the State or locality is one circumstance that may be
15considered.
16    (c) Nothing in this Section shall be construed to
17establish a right to have members of a protected class elected
18in numbers equal to their proportion in the population.
 
19    (10 ILCS 5/3A-10 new)
20    Sec. 3A-10. Impairment of voting rights of registered
21voters. Nothing in this Article shall be construed to deny,
22impair, or otherwise adversely affect the right to vote of any
23registered voter.
 
24    (10 ILCS 5/3A-15 new)

 

 

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1    Sec. 3A-15. Minority language accessibility; covered
2locality.
3    (a) The State Board of Elections shall designate a
4locality or a part of a locality as a covered locality if it
5determines, in consultation with the Census Bureau of the
6United States Department of Commerce and after review of
7American Community Survey census data, or comparable census
8data, that (i) more than 5% of the citizens of voting age of
9the locality or a part of the locality are members of a single
10language minority and are unable to speak or understand
11English adequately enough to participate in the electoral
12process or (ii) more than 10,000 of the citizens of voting age
13of the locality or a part of the locality are members of a
14single language minority and are unable to speak or understand
15English adequately enough to participate in the electoral
16process.
17    (b) Whenever the election authority of a covered locality
18provides any voting or election materials, it must provide the
19materials in the language of the applicable minority group as
20well as in the English language in the covered locality. The
21election authority of a covered locality must distribute the
22materials in the preferred language identified by the voter in
23the covered locality.
24    As used in this subsection:
25    "Registration notices" means any notice of voter
26registration approval, denial, or cancellation required by

 

 

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1this Code.
2    "Voting or election materials" means registration or
3voting notices, forms, instructions, assistance, voter
4information pamphlets, ballots, sample ballots, candidate
5qualification information, and notices regarding changes to
6local election districts, precincts, or polling places.
7    (c) The Attorney General, or any qualified voter who is a
8member of a language minority for whom the election authority
9of a covered locality is required to provide voting or
10election materials in that language, may institute a cause of
11action in the circuit court of the covered locality to compel
12the provision of the voting or election materials in the
13language of the applicable minority group. In the action, the
14court may, in its discretion, allow a private, prevailing
15plaintiff reasonable attorney's fees as part of the costs.
 
16    (10 ILCS 5/3A-20 new)
17    Sec. 3A-20. Covered practices; actions required before
18enactment or administration.
19    (a) As used in this Section:
20    "Certification of no objection" means a certification
21issued by the Attorney General that there is no objection to
22the enactment or administration of a covered practice by the
23county board or board of election commissioners of a locality
24because the covered practice neither has the purpose or effect
25of denying or abridging the right to vote based on a protected

 

 

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1class nor will result in the retrogression in the position of
2members of a racial or ethnic group with respect to exercising
3their right to vote.
4    "Covered practice" means:
5        (1) any change to the method of election of members of
6    a governing body or an elected school board by adding
7    seats elected at large or by converting one or more seats
8    elected from a single-member district to one or more
9    at-large seats or seats from a multi-member district;
10        (2) any change, or series of changes within a 12-month
11    period, to the boundaries of the locality that reduces by
12    more than 5 percentage points the proportion of the
13    locality's voting-age population that is composed of
14    members of a single racial or language minority, as
15    determined by the most recent American Community Survey
16    census data or comparable census data;
17        (3) any change to the boundaries of election districts
18    or wards in the locality, including changes made pursuant
19    to a decennial redistricting measure;
20        (4) any change that restricts the ability of any
21    person to provide interpreter services to voters in any
22    language other than English or that limits or impairs the
23    creation or distribution of voting or election materials
24    in any language other than English; or
25        (5) any change that reduces the number of, or
26    consolidates or relocates polling places in, the locality,

 

 

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1    except where permitted by law in the event of an
2    emergency.
3    "Voting-age population" means the resident population of
4persons who are 18 years of age or older, as determined by the
5most recent American Community Survey census data, or
6comparable census data, available at the time any change to a
7covered practice is published pursuant to subsection (b).
8    (b) Before enacting or seeking to administer a covered
9practice that is a voting qualification, prerequisite,
10standard, practice, or procedure, the election authority must
11publish on the website for the county or election commission,
12as applicable, the proposed covered practice and a notice of
13opportunity for public comment on the proposed covered
14practice. The election authority shall also publicize the
15notice through press releases and other media, as the election
16authority deems appropriate. The notice shall be made at least
1745 days in advance of the last date prescribed in the notice
18for public comment.
19    Public comments shall be accepted for a period of no fewer
20than 30 days. During this period, the election authority must
21allow interested persons to submit data, views, and arguments
22in writing by mail, fax, or email or through an online public
23comment forum on the website for the county or election
24authority. The county board or board of election commissioners
25shall conduct at least one public hearing during this 30-day
26period to receive public comments on the proposed covered

 

 

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1practice.
2    The county board or board of election commissioners may
3make changes to the proposed covered practice in response to
4public comments received. If doing so, the revised covered
5practice shall be published and public comments shall be
6accepted in accordance with this subsection, except the public
7comment period shall be no fewer than 15 days.
8    (c) Following the public comment period or periods
9required under subsection (b), the election authority shall
10publish the final covered practice, which shall include a
11plain English description of the practice and the text of an
12ordinance giving effect to the practice, maps of proposed
13boundary changes, or other relevant materials, and notice that
14the covered practice will take effect in 30 days. During this
1530-day waiting period, any person who will be subject to or
16affected by the covered practice may challenge in the circuit
17court of the locality where the covered practice is to be
18implemented the covered practice as (i) having the purpose or
19effect of denying or abridging the right to vote on the basis
20of a protected class or (ii) resulting in the retrogression in
21the position of members of a racial or ethnic group with
22respect to exercising their right to vote. In the action, the
23court may, in its discretion, allow a prevailing plaintiff
24reasonable attorney's fees as part of the costs.
25    (d) A county board or board of election commissioners
26seeking to administer or implement a covered practice, in lieu

 

 

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1of following subsections (b) and (c), may submit the proposed
2covered practice to the Office of the Attorney General for
3issuance of a certification of no objection. The covered
4practice shall not be given effect until the Attorney General
5has issued the certification of no objection. A certification
6of no objection shall be deemed to have been issued if the
7Attorney General does not submit an objection to the election
8authority within 60 days after the county board's or board of
9election commissioners' submission or, if, upon good cause
10shown and to facilitate an expedited approval within 60 days
11after the county board's or board of election commissioners'
12submission, the Attorney General has affirmatively indicated
13that no objection will be made. An affirmative indication by
14the Attorney General that no objection will be made or the
15absence of an objection to the covered practice by the
16Attorney General does not bar a subsequent action to enjoin
17enforcement of the covered practice.
 
18    (10 ILCS 5/3A-25 new)
19    Sec. 3A-25. At-large method of election; limitations;
20violations; remedies.
21    (a) An at-large method of election, including one that
22combines at-large elections with district-based or ward-based
23elections, shall not be imposed or applied by the election
24authority in a manner that impairs the ability of members of a
25protected class to elect candidates of its choice or its

 

 

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1ability to influence the outcome of an election as a result of
2the dilution or the abridgment of the rights of voters who are
3members of a protected class.
4    (b) Any voter who is a member of a protected class and who
5resides in a locality where a violation of this Section is
6alleged may initiate a cause of action in the circuit court of
7the locality. In the action, the court may, in its discretion,
8allow a prevailing plaintiff reasonable attorney's fees as
9part of the costs. A plaintiff may establish a violation of
10subsection (a) if the plaintiff shows that racially polarized
11voting occurs within the locality and that this, in
12combination with the method of election, dilutes the voting
13strength of members of a protected class. A finding that
14racially polarized voting has occurred is not precluded by the
15fact that members of a protected class are not geographically
16compact or concentrated in a locality. Proof of an intent on
17the part of voters or elected officials to discriminate
18against members of a protected class shall not be required to
19prove a violation of subsection (a).
20    Upon a finding of a violation of subsection (a), the court
21shall order appropriate remedies that are tailored to remedy
22the violation and may monitor the ongoing implementation of
23remedies ordered by the court.
24    As used in this subsection, "racially polarized voting"
25refers to the extent to which the candidate preferences of
26members of the protected class and other voters in the

 

 

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1jurisdiction have differed in recent elections for the office
2at issue and other offices in which the voters have been
3presented with a choice between candidates who are members of
4the protected class and candidates who are not members of the
5protected class.
 
6    (10 ILCS 5/3A-30 new)
7    Sec. 3A-30. Voter Education and Outreach Fund. There is
8hereby created in the State treasury a special fund to be known
9as the Voter Outreach and Education Fund. All penalties and
10charges directed to the Fund by Section 3A-35 and all other
11funds from any public or private source directed to the Fund
12shall be paid into the Fund. Interest earned on moneys in the
13Fund shall remain in the Fund and be credited to it. Moneys in
14the Fund shall be used solely for the purposes of educating
15voters and persons qualified to be voters on the rights
16ensured to them pursuant to federal and State constitutional
17and statutory law and remedies.
 
18    (10 ILCS 5/3A-35 new)
19    Sec. 3A-35. Civil actions by Attorney General.
20    (a) Whenever the Attorney General has reasonable cause to
21believe that a violation of this Article has occurred and that
22the rights of any voter or group of voters have been affected
23by the violation, the Attorney General may commence a civil
24action in the appropriate circuit court for appropriate

 

 

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1relief.
2    (b) In the civil action, the court may do either of the
3following:
4        (1) Award preventive relief as is necessary to assure
5    the full enjoyment of the rights granted by this Code,
6    including an injunction, restraining order, or other order
7    against the person or persons responsible for a violation
8    of this Article.
9        (2) Assess a civil penalty against the person or
10    persons responsible for a violation of this Article in an
11    amount not exceeding $50,000 for a first violation and in
12    an amount not exceeding $100,000 for any subsequent
13    violation. The civil penalties are payable into the Voter
14    Education and Outreach Fund.
15        (3) Award a prevailing plaintiff reasonable attorney's
16    fees and costs.
17    (c) The court or jury may award such other relief to an
18aggrieved person as the court deems appropriate, including
19compensatory damages and punitive damages.
 
20    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
21    Sec. 12-1. At least 60 days prior to each general and
22consolidated election, the election authority shall provide
23public notice, calculated to reach elderly voters and voters
24with disabilities, of the availability of registration and
25voting aids under the Federal Voting Accessibility for the

 

 

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1Elderly and Handicapped Act, of the availability of assistance
2in marking the ballot, procedures for voting by vote by mail
3ballot, and procedures for voting early by personal
4appearance. The public notice shall also provide information
5where persons can view the election authority's covered
6practices under Section 3A-20.
7    At least 30 days before any general election, and at least
820 days before any special congressional election, the county
9clerk shall publish a notice of the election in 2 or more
10newspapers published in the county, city, village,
11incorporated town or town, as the case may be, or if there is
12no such newspaper, then in any 2 or more newspapers published
13in the county and having a general circulation throughout the
14community. The notice may be substantially as follows:
15    Notice is hereby given that on (give date), at (give the
16place of holding the election and the name of the precinct or
17district) in the county of (name county), an election will be
18held for (give the title of the several offices to be filled),
19which election will be open at 6:00 a.m. and continued open
20until 7:00 p.m. of that day.
21    Dated at .... on (insert date).
22(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
 
23    (10 ILCS 5/17-14)  (from Ch. 46, par. 17-14)
24    Sec. 17-14. Any voter who declares upon oath, properly
25witnessed and with his or her signature or mark affixed, that

 

 

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1he or she requires assistance to vote by reason of blindness,
2physical disability or inability to read, write or speak the
3English language shall, upon request, be assisted in marking
4his or her ballot, by 2 judges of election of different
5political parties, to be selected by all judges of election of
6each precinct at the opening of the polls or by a person of the
7voter's choice, other than the voter's employer or agent of
8that employer or officer or agent of the voter's union. A voter
9who presents an Illinois Person with a Disability
10Identification Card, issued to that person under the
11provisions of the Illinois Identification Card Act, indicating
12that such voter has a Class 1A or Class 2 disability under the
13provisions of Section 4A of the Illinois Identification Card
14Act, or a voter who declares upon oath, properly witnessed,
15that by reason of any physical disability he is unable to mark
16his ballot shall, upon request, be assisted in marking his
17ballot by 2 of the election officers of different parties as
18provided above in this Section or by a person of the voter's
19choice other than the voter's employer or agent of that
20employer or officer or agent of the voter's union. Such voter
21shall state specifically the reason why he cannot vote without
22assistance and, in the case of a voter with a physical
23disability, what his physical disability is. Prior to entering
24the voting booth, the person providing the assistance, if
25other than 2 judges of election, shall be presented with
26written instructions on how assistance shall be provided. This

 

 

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

 

 

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1communicate with the voter. In any locality designated as a
2covered locality under Section 3A-15, the local election
3authority shall ensure that interpretation services in the
4language of the applicable minority group are available and
5easily accessible to voters needing assistance pursuant to
6this subsection.
7    No person shall secure or attempt to secure assistance in
8voting who is not blind, a person with a physical disability,
9or illiterate as herein provided, nor shall any person
10knowingly assist a voter in voting contrary to the provisions
11of this Section.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
14    Sec. 18-5. Any person desiring to vote and whose name is
15found upon the register of voters by the person having charge
16thereof, shall then be questioned by one of the judges as to
17his nativity, his term of residence at present address,
18precinct, State and United States, his age, whether
19naturalized and if so the date of naturalization papers and
20court from which secured, and he shall be asked to state his
21residence when last previously registered and the date of the
22election for which he then registered. The judges of elections
23shall check each application for ballot against the list of
24voters registered in that precinct to whom grace period, vote
25by mail, and early ballots have been issued for that election,

 

 

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1which shall be provided by the election authority and which
2list shall be available for inspection by pollwatchers. A
3voter applying to vote in the precinct on election day whose
4name appears on the list as having been issued a grace period,
5vote by mail, or early ballot shall not be permitted to vote in
6the precinct, except that a voter to whom a vote by mail ballot
7was issued may vote in the precinct if the voter submits to the
8election judges that vote by mail ballot for cancellation. If
9the voter is unable to submit the vote by mail ballot, it shall
10be sufficient for the voter to submit to the election judges
11(i) a portion of the vote by mail ballot if the vote by mail
12ballot was torn or mutilated or (ii) an affidavit executed
13before the election judges specifying that (A) the voter never
14received a vote by mail ballot or (B) the voter completed and
15returned a vote by mail ballot and was informed that the
16election authority did not receive that vote by mail ballot.
17If such person so registered shall be challenged as
18disqualified, the party challenging shall assign his reasons
19therefor, and thereupon one of the judges shall administer to
20him an oath to answer questions, and if he shall take the oath
21he shall then be questioned by the judge or judges touching
22such cause of challenge, and touching any other cause of
23disqualification. And he may also be questioned by the person
24challenging him in regard to his qualifications and identity.
25But if a majority of the judges are of the opinion that he is
26the person so registered and a qualified voter, his vote shall

 

 

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1then be received accordingly. But if his vote be rejected by
2such judges, such person may afterward produce and deliver an
3affidavit to such judges, subscribed and sworn to by him
4before one of the judges, in which it shall be stated how long
5he has resided in such precinct, and state; that he is a
6citizen of the United States, and is a duly qualified voter in
7such precinct, and that he is the identical person so
8registered. In addition to such an affidavit, the person so
9challenged shall provide to the judges of election proof of
10residence by producing 2 forms of identification showing the
11person's current residence address, provided that such
12identification may include a lease or contract for a residence
13and not more than one piece of mail addressed to the person at
14his current residence address and postmarked not earlier than
1530 days prior to the date of the election, or the person shall
16procure a witness personally known to the judges of election,
17and resident in the precinct (or district), or who shall be
18proved by some legal voter of such precinct or district, known
19to the judges to be such, who shall take the oath following,
20viz:
21    I do solemnly swear (or affirm) that I am a resident of
22this election precinct (or district), and entitled to vote at
23this election, and that I have been a resident of this State
24for 30 days last past, and am well acquainted with the person
25whose vote is now offered; that he is an actual and bona fide
26resident of this election precinct (or district), and has

 

 

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1resided herein 30 days, and as I verily believe, in this State,
230 days next preceding this election.
3    The oath in each case may be administered by one of the
4judges of election, or by any officer, resident in the
5precinct or district, authorized by law to administer oaths.
6Also supported by an affidavit by a registered voter residing
7in such precinct, stating his own residence, and that he knows
8such person; and that he does reside at the place mentioned and
9has resided in such precinct and state for the length of time
10as stated by such person, which shall be subscribed and sworn
11to in the same way. For purposes of this Section, the
12submission of a photo identification issued by a college or
13university, accompanied by either (i) a copy of the
14applicant's contract or lease for a residence or (ii) one
15piece of mail addressed to the person at his or her current
16residence address and postmarked not earlier than 30 days
17prior to the date of the election, shall be sufficient to
18establish proof of residence. Whereupon the vote of such
19person shall be received, and entered as other votes. But such
20judges, having charge of such registers, shall state in their
21respective books the facts in such case, and the affidavits,
22so delivered to the judges, shall be preserved and returned to
23the office of the commissioners of election. Blank affidavits
24of the character aforesaid shall be sent out to the judges of
25all the precincts, and the judges of election shall furnish
26the same on demand and administer the oaths without criticism.

 

 

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1Such oaths, if administered by any other officer than such
2judge of election, shall not be received. Whenever a proposal
3for a constitutional amendment or for the calling of a
4constitutional convention is to be voted upon at the election,
5the separate blue ballot or ballots pertaining thereto shall
6be placed on top of the other ballots to be voted at the
7election in such manner that the legend appearing on the back
8thereof, as prescribed in Section 16-6 of this Act, shall be
9plainly visible to the voter, and in this fashion the ballots
10shall be handed to the voter by the judge.
11    If the voter requires assistance in a language other than
12English and has not designated a person to assist him, an
13election officer may assist as an interpreter but shall first
14inquire of those authorized to be present whether they have a
15volunteer available who can interpret for the voter. One
16representative for each party or candidate, insofar as
17available, shall be permitted to observe the election officer
18communicate with the voter. In any locality designated as a
19covered locality under Section 3A-15, the local election
20authority shall ensure that interpretation services in the
21language of the applicable minority group are available and
22easily accessible to voters needing assistance pursuant to
23this subsection.
24    Immediately after voting, the voter shall be instructed
25whether the voting equipment, if used, accepted or rejected
26the ballot or identified the ballot as under-voted. A voter

 

 

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1whose ballot is identified as under-voted for a statewide
2constitutional office may return to the voting booth and
3complete the voting of that ballot. A voter whose ballot is not
4accepted by the voting equipment may, upon surrendering the
5ballot, request and vote another ballot. The voter's
6surrendered ballot shall be initialed by the election judge
7and handled as provided in the appropriate Article governing
8that voting equipment.
9    The voter shall, upon quitting the voting booth, deliver
10to one of the judges of election all of the ballots, properly
11folded, which he received. The judge of election to whom the
12voter delivers his ballots shall not accept the same unless
13all of the ballots given to the voter are returned by him. If a
14voter delivers less than all of the ballots given to him, the
15judge to whom the same are offered shall advise him in a voice
16clearly audible to the other judges of election that the voter
17must return the remainder of the ballots. The statement of the
18judge to the voter shall clearly express the fact that the
19voter is not required to vote such remaining ballots but that
20whether or not he votes them he must fold and deliver them to
21the judge. In making such statement the judge of election
22shall not indicate by word, gesture or intonation of voice
23that the unreturned ballots shall be voted in any particular
24manner. No new voter shall be permitted to enter the voting
25booth of a voter who has failed to deliver the total number of
26ballots received by him until such voter has returned to the

 

 

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1voting booth pursuant to the judge's request and again quit
2the booth with all of the ballots required to be returned by
3him. Upon receipt of all such ballots the judges of election
4shall enter the name of the voter, and his number, as above
5provided in this Section, and the judge to whom the ballots are
6delivered shall immediately put the ballots into the ballot
7box. If any voter who has failed to deliver all the ballots
8received by him refuses to return to the voting booth after
9being advised by the judge of election as herein provided, the
10judge shall inform the other judges of such refusal, and
11thereupon the ballot or ballots returned to the judge shall be
12deposited in the ballot box, the voter shall be permitted to
13depart from the polling place, and a new voter shall be
14permitted to enter the voting booth.
15    The judge of election who receives the ballot or ballots
16from the voter shall announce the residence and name of such
17voter in a loud voice. The judge shall put the ballot or
18ballots received from the voter into the ballot box in the
19presence of the voter and the judges of election, and in plain
20view of the public. The judges having charge of such registers
21shall then, in a column prepared thereon, in the same line of,
22the name of the voter, mark "Voted" or the letter "V".
23    No judge of election shall accept from any voter less than
24the full number of ballots received by such voter without
25first advising the voter in the manner above provided of the
26necessity of returning all of the ballots, nor shall any such

 

 

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1judge advise such voter in a manner contrary to that which is
2herein permitted, or in any other manner violate the
3provisions of this Section; provided, that the acceptance by a
4judge of election of less than the full number of ballots
5delivered to a voter who refuses to return to the voting booth
6after being properly advised by such judge shall not be a
7violation of this Section.
8(Source: P.A. 98-1171, eff. 6-1-15.)
 
9    (10 ILCS 5/29-4)  (from Ch. 46, par. 29-4)
10    Sec. 29-4. Prevention of voting or candidate support.
11    (a) Any person who, by force, intimidation, threat,
12deception or forgery, knowingly prevents any other person from
13(a) registering to vote, or (b) lawfully voting, supporting or
14opposing the nomination or election of any person for public
15office or any public question voted upon at any election,
16shall be guilty of a Class 4 felony.
17    (b) In addition to the criminal penalty provided in
18subsection (a), violation of subsection (a) also creates a
19civil cause of action. A voter who is intimidated, threatened,
20or coerced by another person who is violating subsection (a)
21may institute an action for an injunction, restraining order,
22or other relief by the court against the person who violated
23subsection (a). The action must be instituted in the circuit
24court of the locality where the violation occurred or in which
25the voter resides. In an action, the court may, in its

 

 

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1discretion, allow a prevailing plaintiff reasonable attorney's
2fees as part of the costs.
3    (c) This Section applies to any election and to any method
4used by a political party for selection of its nominees and for
5selection of delegates to its conventions and meetings.
6(Source: P.A. 78-887.)
 
7    (10 ILCS 5/29-21 new)
8    Sec. 29-21. Intimidation of election officers. Any person
9who, by bribery, intimidation, threats, coercion, or other
10means in violation of this Code, willfully hinders or
11prevents, or attempts to hinder or prevent, the election
12officers at any polling place, including an early voting
13polling place and any or other location being used by a
14locality for voting purposes, from holding an election is
15guilty of a Class 4 felony.
 
16    (10 ILCS 5/29-22 new)
17    Sec. 29-22. Communication of false information to
18registered voter.
19    (a) It shall be unlawful for any person to communicate to a
20registered voter, by any means, false information about (i)
21the date, time, and place of the election, (ii) the voter's
22precinct, polling place, or voter registration status, (iii)
23or the location of early voting polling places if the person
24knows the information to be false and is intending to impede

 

 

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1the voter in the exercise of the voter's right to vote.
2    (b) Any person who violates the provisions of this Section
3is guilty of a Class A misdemeanor. The violation may be
4prosecuted either in the jurisdiction from which the
5communication was made or in the jurisdiction in which the
6communication was received.
7    (c) In addition to the criminal penalty provided in
8subsection (b), a violation of the provisions of this Section
9also creates a civil cause of action. A registered voter to
10whom the false information is communicated may institute an
11action for an injunction, restraining order, or any other
12relief by the court against the person communicating the false
13information. The action may be instituted in the circuit court
14of either the jurisdiction from which the communication was
15made or the jurisdiction in which the communication was
16received. In any action, the court may, in its discretion,
17allow a prevailing plaintiff reasonable attorney's fees as
18part of the costs.
 
19    (10 ILCS 5/29-23 new)
20    Sec. 29-23. Interference with voting.
21    (a) Any person acting under the color of law who, contrary
22to an official policy or procedure, fails or refuses to permit
23a qualified voter to vote, or who willfully fails or refuses to
24tabulate, count, or report the vote of a qualified voter, is
25subject to a civil penalty in an amount not exceeding $1,000

 

 

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1for each affected voter. The Attorney General may bring an
2action to enforce the provisions of this subsection. The civil
3penalties shall be payable into the Voter Education and
4Outreach Fund.
5    (b) Any person who (i) furnishes a ballot to a voter who
6the person knows cannot understand the language in which the
7ballot is printed and misinforms the voter as to the content of
8the ballot with an intent to deceive the voter and induce the
9voter to vote contrary to the voter's desire or (ii) changes a
10ballot of a voter to prevent the person from voting as he
11desires is guilty of a Class A misdemeanor. This subsection
12applies to any election and to any method used by a political
13party for selection of its nominees and for selection of
14delegates to its conventions and meetings.
 
15    Section 10. The State Finance Act is amended by adding
16Section 5.990 as follows:
 
17    (30 ILCS 105/5.990 new)
18    Sec. 5.990. The Voter Education and Outreach Fund.

 

 

HB1244- 26 -LRB103 05859 AWJ 50880 b

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 5/12-1from Ch. 46, par. 12-1
14    10 ILCS 5/17-14from Ch. 46, par. 17-14
15    10 ILCS 5/18-5from Ch. 46, par. 18-5
16    10 ILCS 5/29-4from Ch. 46, par. 29-4
17    10 ILCS 5/29-21 new
18    10 ILCS 5/29-22 new
19    10 ILCS 5/29-23 new
20    30 ILCS 105/5.990 new