HB1244 103RD GENERAL ASSEMBLY

LRB103 05859 AWJ 50880 b

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.

A BILL FOR

AN ACT concerning elections.

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

Section 1. This Act may be referred to as the Illinois Voting Protection Act.

Section 5. The Election Code is amended by adding Article 3A and Sections 29-21, 29-22, and 29-23 and by changing Sections 12-1, 17-14, 18-5, and 29-4 as follows:

(10 ILCS 5/Art. 3A heading new)

ARTICLE 3A. RIGHTS OF VOTERS

(10 ILCS 5/3A-1 new)

Sec. 3A-1. Definitions. As used in this Article:

"Covered locality" means a locality or part of a locality designated by the State Board of Elections as a covered locality under subsection (a) of Section 3A-15.

"Locality" means the geographic area within which an election authority operates.

"Protected class" means a group of citizens protected from discrimination based on race, color, or membership in a language minority.

(10 ILCS 5/3A-5 new)

Sec. 3A-5. Vote denial or dilution.

(a) No voting qualification, prerequisite, standard, practice, or procedure shall be imposed or applied 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 the citizen's protected class.

(b) A violation of subsection (a) is established if, on the basis of the totality of the circumstances, it is shown that the political processes leading to nomination or election in the State or a locality are not equally open to participation by members of a protected class. The extent to which members of a protected class have been elected to office in the State or locality is one circumstance that may be considered.

(c) Nothing in this Section shall be construed to establish a right to have members of a protected class elected in numbers equal to their proportion in the population.

(10 ILCS 5/3A-10 new)

Sec. 3A-10. Impairment of voting rights of registered voters. Nothing in this Article shall be construed to deny, impair, or otherwise adversely affect the right to vote of any registered voter.

(10 ILCS 5/3A-15 new)

Sec. 3A-15. Minority language accessibility; covered locality.

(a) The State Board of Elections shall designate a locality or a part of a locality as a covered locality if it determines, in consultation with the Census Bureau of the United States Department of Commerce and after review of American Community Survey census data, or comparable census data, that (i) more than 5% of the citizens of voting age of the locality or a part of the locality are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process or (ii) more than 10,000 of the citizens of voting age of the locality or a part of the locality are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process.

(b) Whenever the election authority of a covered locality provides any voting or election materials, it must provide the materials in the language of the applicable minority group as well as in the English language in the covered locality. The election authority of a covered locality must distribute the materials in the preferred language identified by the voter in the covered locality.

As used in this subsection:

"Registration notices" means any notice of voter registration approval, denial, or cancellation required by this Code.

"Voting or election materials" means registration or voting notices, forms, instructions, assistance, voter information pamphlets, ballots, sample ballots, candidate qualification information, and notices regarding changes to local election districts, precincts, or polling places.

(c) The Attorney General, or any qualified voter who is a member of a language minority for whom the election authority of a covered locality is required to provide voting or election materials in that language, may institute a cause of action in the circuit court of the covered locality to compel the provision of the voting or election materials in the language of the applicable minority group. In the action, the court may, in its discretion, allow a private, prevailing plaintiff reasonable attorney's fees as part of the costs.

(10 ILCS 5/3A-20 new)

Sec. 3A-20. Covered practices; actions required before enactment or administration.

(a) As used in this Section:

"Certification of no objection" means a certification issued by the Attorney General that there is no objection to the enactment or administration of a covered practice by the county board or board of election commissioners of a locality because the covered practice neither has the purpose or effect of denying or abridging the right to vote based on a protected class nor will result in the retrogression in the position of members of a racial or ethnic group with respect to exercising their right to vote.

"Covered practice" means:

(1) any change to the method of election of members of a governing body or an elected school board by adding seats elected at large or by converting one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district;

(2) any change, or series of changes within a 12-month period, to the boundaries of the locality that reduces by more than 5 percentage points the proportion of the locality's voting-age population that is composed of members of a single racial or language minority, as determined by the most recent American Community Survey census data or comparable census data;

(3) any change to the boundaries of election districts or wards in the locality, including changes made pursuant to a decennial redistricting measure;

(4) any change that restricts the ability of any person to provide interpreter services to voters in any language other than English or that limits or impairs the creation or distribution of voting or election materials in any language other than English; or

(5) any change that reduces the number of, or consolidates or relocates polling places in, the locality, except where permitted by law in the event of an emergency.

"Voting-age population" means the resident population of persons who are 18 years of age or older, as determined by the most recent American Community Survey census data, or comparable census data, available at the time any change to a covered practice is published pursuant to subsection (b).

(b) Before enacting or seeking to administer a covered practice that is a voting qualification, prerequisite, standard, practice, or procedure, the election authority must publish on the website for the county or election commission, as applicable, the proposed covered practice and a notice of opportunity for public comment on the proposed covered practice. The election authority shall also publicize the notice through press releases and other media, as the election authority deems appropriate. The notice shall be made at least 45 days in advance of the last date prescribed in the notice for public comment.

Public comments shall be accepted for a period of no fewer than 30 days. During this period, the election authority must allow interested persons to submit data, views, and arguments in writing by mail, fax, or email or through an online public comment forum on the website for the county or election authority. The county board or board of election commissioners shall conduct at least one public hearing during this 30-day period to receive public comments on the proposed covered practice.

The county board or board of election commissioners may make changes to the proposed covered practice in response to public comments received. If doing so, the revised covered practice shall be published and public comments shall be accepted in accordance with this subsection, except the public comment period shall be no fewer than 15 days.

(c) Following the public comment period or periods required under subsection (b), the election authority shall publish the final covered practice, which shall include a plain English description of the practice and the text of an ordinance giving effect to the practice, maps of proposed boundary changes, or other relevant materials, and notice that the covered practice will take effect in 30 days. During this 30-day waiting period, any person who will be subject to or affected by the covered practice may challenge in the circuit court of the locality where the covered practice is to be implemented the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of a protected class or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to exercising their right to vote. In the action, the court may, in its discretion, allow a prevailing plaintiff reasonable attorney's fees as part of the costs.

(d) A county board or board of election commissioners seeking to administer or implement a covered practice, in lieu of following subsections (b) and (c), may submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection. The covered practice shall not be given effect until the Attorney General has issued the certification of no objection. A certification of no objection shall be deemed to have been issued if the Attorney General does not submit an objection to the election authority within 60 days after the county board's or board of election commissioners' submission or, if, upon good cause shown and to facilitate an expedited approval within 60 days after the county board's or board of election commissioners' submission, the Attorney General has affirmatively indicated that no objection will be made. An affirmative indication by the Attorney General that no objection will be made or the absence of an objection to the covered practice by the Attorney General does not bar a subsequent action to enjoin enforcement of the covered practice.

(10 ILCS 5/3A-25 new)

Sec. 3A-25. At-large method of election; limitations; violations; remedies.

(a) An at-large method of election, including one that combines at-large elections with district-based or ward-based elections, shall not be imposed or applied by the election authority 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 as a result of the dilution or the abridgment of the rights of voters who are members of a protected class.

(b) Any voter who is a member of a protected class and who resides in a locality where a violation of this Section is alleged may initiate a cause of action in the circuit court of the locality. In the action, the court may, in its discretion, allow a prevailing plaintiff reasonable attorney's fees as part of the costs. A plaintiff may establish a violation of subsection (a) if the plaintiff shows that racially polarized voting occurs within the locality and that this, in combination with the method of election, dilutes the voting strength of members of a protected class. A finding that racially polarized voting has occurred is not precluded by the fact that members of a protected class are not geographically compact or concentrated in a locality. Proof of an intent on the part of voters or elected officials to discriminate against members of a protected class shall not be required to prove a violation of subsection (a).

Upon a finding of a violation of subsection (a), the court shall order appropriate remedies that are tailored to remedy the violation and may monitor the ongoing implementation of remedies ordered by the court.

As used in this subsection, "racially polarized voting" refers to the extent to which the candidate preferences of members of the protected class and other voters in the jurisdiction have differed in recent elections for the office at issue and other offices in which the voters have been presented with a choice between candidates who are members of the protected class and candidates who are not members of the protected class.

(10 ILCS 5/3A-30 new)

Sec. 3A-30. Voter Education and Outreach Fund. There is hereby created in the State treasury a special fund to be known as the Voter Outreach and Education Fund. All penalties and charges directed to the Fund by Section 3A-35 and all other funds from any public or private source directed to the Fund shall be paid into the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Moneys in the Fund shall be used solely for the purposes of educating voters and persons qualified to be voters on the rights ensured to them pursuant to federal and State constitutional and statutory law and remedies.

(10 ILCS 5/3A-35 new)

Sec. 3A-35. Civil actions by Attorney General.

(a) Whenever the Attorney General has reasonable cause to believe that a violation of this Article has occurred and that the rights of any voter or group of voters have been affected by the violation, the Attorney General may commence a civil action in the appropriate circuit court for appropriate relief.

(b) In the civil action, the court may do either of the following:

(1) Award preventive relief as is necessary to assure the full enjoyment of the rights granted by this Code, including an injunction, restraining order, or other order against the person or persons responsible for a violation of this Article.

(2) Assess a civil penalty against the person or persons responsible for a violation of this Article in an amount not exceeding $50,000 for a first violation and in an amount not exceeding $100,000 for any subsequent violation. The civil penalties are payable into the Voter Education and Outreach Fund.

(3) Award a prevailing plaintiff reasonable attorney's fees and costs.

(c) The court or jury may award such other relief to an aggrieved person as the court deems appropriate, including compensatory damages and punitive damages.

(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)

Sec. 12-1. At least 60 days prior to each general and consolidated election, the election authority shall provide public notice, calculated to reach elderly voters and voters with disabilities, of the availability of registration and voting aids under the Federal Voting Accessibility for the Elderly and Handicapped Act, of the availability of assistance in marking the ballot, procedures for voting by vote by mail ballot, and procedures for voting early by personal appearance. The public notice shall also provide information where persons can view the election authority's covered practices under Section 3A-20.

At least 30 days before any general election, and at least 20 days before any special congressional election, the county clerk shall publish a notice of the election in 2 or more newspapers published in the county, city, village, incorporated town or town, as the case may be, or if there is no such newspaper, then in any 2 or more newspapers published in the county and having a general circulation throughout the community. The notice may be substantially as follows:

Notice is hereby given that on (give date), at (give the place of holding the election and the name of the precinct or district) in the county of (name county), an election will be held for (give the title of the several offices to be filled), which election will be open at 6:00 a.m. and continued open until 7:00 p.m. of that day.

Dated at .... on (insert date).

(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)

(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)

Sec. 17-14. Any voter who declares upon oath, properly witnessed and with his or her signature or mark affixed, that he or she requires assistance to vote by reason of blindness, physical disability or inability to read, write or speak the English language shall, upon request, be assisted in marking his or her ballot, by 2 judges of election of different political parties, to be selected by all judges of election of each precinct at the opening of the polls or by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union. A voter who presents an Illinois Person with a Disability Identification Card, issued to that person under the provisions of the Illinois Identification Card Act, indicating that such voter has a Class 1A or Class 2 disability under the provisions of Section 4A of the Illinois Identification Card Act, or a voter who declares upon oath, properly witnessed, that by reason of any physical disability he is unable to mark his ballot shall, upon request, be assisted in marking his ballot by 2 of the election officers of different parties as provided above in this Section or by a person of the voter's choice other than the voter's employer or agent of that employer or officer or agent of the voter's union. Such voter shall state specifically the reason why he cannot vote without assistance and, in the case of a voter with a physical disability, what his physical disability is. Prior to entering the voting booth, the person providing the assistance, if other than 2 judges of election, shall be presented with written instructions on how assistance shall be provided. This instruction shall be prescribed by the State Board of Elections and shall include the penalties for attempting to influence the voter's choice of candidates, party, or votes in relation to any question on the ballot and for not marking the ballot as directed by the voter. Additionally, the person providing the assistance shall sign an oath, swearing not to influence the voter's choice of candidates, party, or votes in relation to any question on the ballot and to cast the ballot as directed by the voter. The oath shall be prescribed by the State Board of Elections and shall include the penalty for violating this Section. In the voting booth, such person shall mark the ballot as directed by the voter, and shall thereafter give no information regarding the same. The judges of election shall enter upon the poll lists or official poll record after the name of any elector who received such assistance in marking his ballot a memorandum of the fact and if the disability is permanent. Intoxication shall not be regarded as a physical disability, and no intoxicated person shall be entitled to assistance in marking his ballot.

If the voter requires assistance in a language other than English and has not designated a person to provide assistance, an election officer may assist as an interpreter but shall first inquire of those authorized to be present whether they have a volunteer available who can interpret for the voter. One representative for each party or candidate, insofar as available, shall be permitted to observe the election officer communicate with the voter. In any locality designated as a covered locality under Section 3A-15, the local election authority shall ensure that interpretation services in the language of the applicable minority group are available and easily accessible to voters needing assistance pursuant to this subsection.

No person shall secure or attempt to secure assistance in voting who is not blind, a person with a physical disability, or illiterate as herein provided, nor shall any person knowingly assist a voter in voting contrary to the provisions of this Section.

(Source: P.A. 99-143, eff. 7-27-15.)

(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)

Sec. 18-5. Any person desiring to vote and whose name is found upon the register of voters by the person having charge thereof, shall then be questioned by one of the judges as to his nativity, his term of residence at present address, precinct, State and United States, his age, whether naturalized and if so the date of naturalization papers and court from which secured, and he shall be asked to state his residence when last previously registered and the date of the election for which he then registered. The judges of elections shall check each application for ballot against the list of voters registered in that precinct to whom grace period, vote by mail, and early ballots have been issued for that election, which shall be provided by the election authority and which list shall be available for inspection by pollwatchers. A voter applying to vote in the precinct on election day whose name appears on the list as having been issued a grace period, vote by mail, or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot. If such person so registered shall be challenged as disqualified, the party challenging shall assign his reasons therefor, and thereupon one of the judges shall administer to him an oath to answer questions, and if he shall take the oath he shall then be questioned by the judge or judges touching such cause of challenge, and touching any other cause of disqualification. And he may also be questioned by the person challenging him in regard to his qualifications and identity. But if a majority of the judges are of the opinion that he is the person so registered and a qualified voter, his vote shall then be received accordingly. But if his vote be rejected by such judges, such person may afterward produce and deliver an affidavit to such judges, subscribed and sworn to by him before one of the judges, in which it shall be stated how long he has resided in such precinct, and state; that he is a citizen of the United States, and is a duly qualified voter in such precinct, and that he is the identical person so registered. In addition to such an affidavit, the person so challenged shall provide to the judges of election proof of residence by producing 2 forms of identification showing the person's current residence address, provided that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and postmarked not earlier than 30 days prior to the date of the election, or the person shall procure a witness personally known to the judges of election, and resident in the precinct (or district), or who shall be proved by some legal voter of such precinct or district, known to the judges to be such, who shall take the oath following, viz:

I do solemnly swear (or affirm) that I am a resident of this election precinct (or district), and entitled to vote at this election, and that I have been a resident of this State for 30 days last past, and am well acquainted with the person whose vote is now offered; that he is an actual and bona fide resident of this election precinct (or district), and has resided herein 30 days, and as I verily believe, in this State, 30 days next preceding this election.

The oath in each case may be administered by one of the judges of election, or by any officer, resident in the precinct or district, authorized by law to administer oaths. Also supported by an affidavit by a registered voter residing in such precinct, stating his own residence, and that he knows such person; and that he does reside at the place mentioned and has resided in such precinct and state for the length of time as stated by such person, which shall be subscribed and sworn to in the same way. For purposes of this Section, the submission of a photo identification issued by a college or university, accompanied by either (i) a copy of the applicant's contract or lease for a residence or (ii) one piece of mail addressed to the person at his or her current residence address and postmarked not earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Whereupon the vote of such person shall be received, and entered as other votes. But such judges, having charge of such registers, shall state in their respective books the facts in such case, and the affidavits, so delivered to the judges, shall be preserved and returned to the office of the commissioners of election. Blank affidavits of the character aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oaths without criticism. Such oaths, if administered by any other officer than such judge of election, shall not be received. Whenever a proposal for a constitutional amendment or for the calling of a constitutional convention is to be voted upon at the election, the separate blue ballot or ballots pertaining thereto shall be placed on top of the other ballots to be voted at the election in such manner that the legend appearing on the back thereof, as prescribed in Section 16-6 of this Act, shall be plainly visible to the voter, and in this fashion the ballots shall be handed to the voter by the judge.

If the voter requires assistance in a language other than English and has not designated a person to assist him, an election officer may assist as an interpreter but shall first inquire of those authorized to be present whether they have a volunteer available who can interpret for the voter. One representative for each party or candidate, insofar as available, shall be permitted to observe the election officer communicate with the voter. In any locality designated as a covered locality under Section 3A-15, the local election authority shall ensure that interpretation services in the language of the applicable minority group are available and easily accessible to voters needing assistance pursuant to this subsection.

Immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted. A voter whose ballot is identified as under-voted for a statewide constitutional office may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment.

The voter shall, upon quitting the voting booth, deliver to one of the judges of election all of the ballots, properly folded, which he received. The judge of election to whom the voter delivers his ballots shall not accept the same unless all of the ballots given to the voter are returned by him. If a voter delivers less than all of the ballots given to him, the judge to whom the same are offered shall advise him in a voice clearly audible to the other judges of election that the voter must return the remainder of the ballots. The statement of the judge to the voter shall clearly express the fact that the voter is not required to vote such remaining ballots but that whether or not he votes them he must fold and deliver them to the judge. In making such statement the judge of election shall not indicate by word, gesture or intonation of voice that the unreturned ballots shall be voted in any particular manner. No new voter shall be permitted to enter the voting booth of a voter who has failed to deliver the total number of ballots received by him until such voter has returned to the voting booth pursuant to the judge's request and again quit the booth with all of the ballots required to be returned by him. Upon receipt of all such ballots the judges of election shall enter the name of the voter, and his number, as above provided in this Section, and the judge to whom the ballots are delivered shall immediately put the ballots into the ballot box. If any voter who has failed to deliver all the ballots received by him refuses to return to the voting booth after being advised by the judge of election as herein provided, the judge shall inform the other judges of such refusal, and thereupon the ballot or ballots returned to the judge shall be deposited in the ballot box, the voter shall be permitted to depart from the polling place, and a new voter shall be permitted to enter the voting booth.

The judge of election who receives the ballot or ballots from the voter shall announce the residence and name of such voter in a loud voice. The judge shall put the ballot or ballots received from the voter into the ballot box in the presence of the voter and the judges of election, and in plain view of the public. The judges having charge of such registers shall then, in a column prepared thereon, in the same line of, the name of the voter, mark "Voted" or the letter "V".

No judge of election shall accept from any voter less than the full number of ballots received by such voter without first advising the voter in the manner above provided of the necessity of returning all of the ballots, nor shall any such judge advise such voter in a manner contrary to that which is herein permitted, or in any other manner violate the provisions of this Section; provided, that the acceptance by a judge of election of less than the full number of ballots delivered to a voter who refuses to return to the voting booth after being properly advised by such judge shall not be a violation of this Section.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/29-4) (from Ch. 46, par. 29-4)

Sec. 29-4. Prevention of voting or candidate support.

(a) Any person who, by force, intimidation, threat, deception or forgery, knowingly prevents any other person from (a) registering to vote, or (b) lawfully voting, supporting or opposing the nomination or election of any person for public office or any public question voted upon at any election, shall be guilty of a Class 4 felony.

(b) In addition to the criminal penalty provided in subsection (a), violation of subsection (a) also creates a civil cause of action. A voter who is intimidated, threatened, or coerced by another person who is violating subsection (a) may institute an action for an injunction, restraining order, or other relief by the court against the person who violated subsection (a). The action must be instituted in the circuit court of the locality where the violation occurred or in which the voter resides. In an action, the court may, in its discretion, allow a prevailing plaintiff reasonable attorney's fees as part of the costs.

(c) This Section applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

(Source: P.A. 78-887.)

(10 ILCS 5/29-21 new)

Sec. 29-21. Intimidation of election officers. Any person who, by bribery, intimidation, threats, coercion, or other means in violation of this Code, willfully hinders or prevents, or attempts to hinder or prevent, the election officers at any polling place, including an early voting polling place and any or other location being used by a locality for voting purposes, from holding an election is guilty of a Class 4 felony.

(10 ILCS 5/29-22 new)

Sec. 29-22. Communication of false information to registered voter.

(a) It shall be unlawful for any person to communicate to a registered voter, by any means, false information about (i) the date, time, and place of the election, (ii) the voter's precinct, polling place, or voter registration status, (iii) or the location of early voting polling places if the person knows the information to be false and is intending to impede the voter in the exercise of the voter's right to vote.

(b) Any person who violates the provisions of this Section is guilty of a Class A misdemeanor. The violation may be prosecuted either in the jurisdiction from which the communication was made or in the jurisdiction in which the communication was received.

(c) In addition to the criminal penalty provided in subsection (b), a violation of the provisions of this Section also creates a civil cause of action. A registered voter to whom the false information is communicated may institute an action for an injunction, restraining order, or any other relief by the court against the person communicating the false information. The action may be instituted in the circuit court of either the jurisdiction from which the communication was made or the jurisdiction in which the communication was received. In any action, the court may, in its discretion, allow a prevailing plaintiff reasonable attorney's fees as part of the costs.

(10 ILCS 5/29-23 new)

Sec. 29-23. Interference with voting.

(a) Any person acting under the color of law who, contrary to an official policy or procedure, fails or refuses to permit a qualified voter to vote, or who willfully fails or refuses to tabulate, count, or report the vote of a qualified voter, is subject to a civil penalty in an amount not exceeding $1,000 for each affected voter. The Attorney General may bring an action to enforce the provisions of this subsection. The civil penalties shall be payable into the Voter Education and Outreach Fund.

(b) Any person who (i) furnishes a ballot to a voter who the person knows cannot understand the language in which the ballot is printed and misinforms the voter as to the content of the ballot with an intent to deceive the voter and induce the voter to vote contrary to the voter's desire or (ii) changes a ballot of a voter to prevent the person from voting as he desires is guilty of a Class A misdemeanor. This subsection applies to any election and to any method used by a political party for selection of its nominees and for selection of delegates to its conventions and meetings.

Section 10. The State Finance Act is amended by adding Section 5.990 as follows:

(30 ILCS 105/5.990 new)

Sec. 5.990. The Voter Education and Outreach Fund.