Illinois General Assembly - Full Text of HB2854
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Full Text of HB2854  102nd General Assembly

HB2854 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2854

 

Introduced 2/19/2021, by Rep. Amy Grant

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-25 new
10 ILCS 5/4-14.1  from Ch. 46, par. 4-14.1
10 ILCS 5/5-9.1  from Ch. 46, par. 5-9.1

    Amends the Election Code. Provides that no voter registration may be canceled without following the procedures as required by the National Voter Registration Act of 1993. Provides that the voter registration application or the voter registration card of an inactive voter who has not voted in 2 consecutive general federal elections shall be canceled. Requires a voter's registration be canceled when an election authority receives certain notices regarding the voter's incarceration status, voter disqualification, or death. Provides that the county clerk of the county where a decedent last resided shall (rather than may) issue certifications of death records from an electronic reporting system for death registrations as provided in the Vital Records Act and shall (rather than may) use that system to cancel the registration of any person who died during the preceding month.


LRB102 12086 SMS 17423 b

 

 

A BILL FOR

 

HB2854LRB102 12086 SMS 17423 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 5. The Election Code is amended by changing
5Sections 4-14.1 and 5-9.1 and by adding Section 1-25 as
6follows:
 
7    (10 ILCS 5/1-25 new)
8    Sec. 1-25. Canceling voter registrations.
9    (a) This Section implements Section 8 of the National
10Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg-5
11and gg-6) and the order of the Circuit Court of Cook County
12entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246
13and 95 CO 248 (Consolidated).
14    (b) No voter registration may be canceled without
15following the procedures and providing the notice of
16suspension or cancellation required by Section 8(a) through
17(d) of the National Voter Registration Act of 1993. The voter
18registration application or the voter registration card of an
19inactive voter who has not voted in 2 consecutive general
20federal elections shall be canceled at the completion of
21procedures set forth in Section 8(d) of the National Voter
22Registration Act of 1993, provided that while such procedures
23are pending, the voter has taken no action specified in the

 

 

HB2854- 2 -LRB102 12086 SMS 17423 b

1National Voter Registration Act of 1993 to restore his or her
2name to active voter status.
3    (c) An election authority shall cancel the voter
4registration application or voter registration card of a voter
5upon receipt of a request in writing from the voter to do so. A
6written acknowledgment by the voter that he or she has changed
7residence to a place beyond the jurisdiction of the election
8authority or an attempt to register in another jurisdiction
9shall be deemed a request to cancel the voter registration.
10    (d) A voter's registration shall be canceled upon the
11election authority's receipt of:
12        (1) a notice from the State Board of Elections that
13    the voter has been incarcerated in a United States
14    correctional facility by reason of conviction;
15        (2) a certified notice from a state department of
16    corrections or a sheriff of a county in the United States
17    that the voter has been incarcerated in a state or county
18    correctional facility, as the case may be, if:
19            (A) the certified notice states on its face that
20        the incarceration is a result of a criminal conviction
21        and the crime of which the voter has been convicted; or
22                (B) the certified notice is accompanied by a
23        certified judgment of conviction or equivalent
24        document issued by the court in which the conviction
25        was obtained;
26        (3) a certified copy of a judgment of conviction from

 

 

HB2854- 3 -LRB102 12086 SMS 17423 b

1    a court of record that the voter has been convicted of a
2    crime in which it was found that the voter lacked the
3    requisite qualifications to be a voter in Illinois either
4    at the time of conviction or at the time application was
5    made to become a voter, whether or not the voter was
6    incarcerated as a result of such conviction;
7        (4) a certified copy of a final judgment order of a
8    court of record or a certified copy of the final
9    determination of an administrative tribunal having
10    jurisdiction in which it was found that the voter lacked
11    the requisite qualifications to be a voter in Illinois
12    either at the time of entry of the judgment or
13    determination, or at the time application was made to
14    become a voter; or
15        (5) a certified copy of the voter's death certificate
16    or equivalent document issued by a department of vital
17    records, wherever situated.
 
18    (10 ILCS 5/4-14.1)  (from Ch. 46, par. 4-14.1)
19    Sec. 4-14.1. Cancelation of deceased voter's registration.
20Upon establishment of an electronic reporting system for death
21registrations as provided in the Vital Records Act, the county
22clerk of the county where a decedent last resided, as
23indicated on the decedent's death certificate, shall may issue
24certifications of death records from that system and shall may
25use that system to cancel the registration of any person who

 

 

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1has died during the preceding month. Regardless of whether or
2not such a system has been established, it is the duty of the
3county clerk to examine, monthly, the records deposited in his
4or her office pursuant to the Vital Records Act that relate to
5deaths in the county, and to cancel the registration of any
6person who has died during the preceding month.
7(Source: P.A. 96-1484, eff. 1-1-11.)
 
8    (10 ILCS 5/5-9.1)  (from Ch. 46, par. 5-9.1)
9    Sec. 5-9.1. Cancelation of deceased voter's registration.
10Upon establishment of an electronic reporting system for death
11registrations as provided in the Vital Records Act, the county
12clerk of the county where a decedent last resided, as
13indicated on the decedent's death certificate, shall may issue
14certifications of death records from that system and shall may
15use that system to cancel the registration of any person who
16has died during the preceding month and cause the name of each
17such deceased person to be erased from the register of the
18precinct in which the deceased person was registered.
19Regardless of whether or not such a system has been
20established, it is the duty of the county clerk to examine
21monthly the records deposited in his or her office pursuant to
22the Vital Records Act that relate to deaths in the county, to
23cancel the registration of any person who has died during the
24preceding month and cause the name of each such deceased
25person to be erased from the register of the precinct in which

 

 

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1the deceased person was registered.
2(Source: P.A. 96-1484, eff. 1-1-11.)