Full Text of HB0640 93rd General Assembly
HB0640sam001 93RD GENERAL ASSEMBLY
|
Sen. William R. Haine
Filed: 11/17/2004
|
|
09300HB0640sam001 |
|
LRB093 05385 JAM 54190 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 640
| 2 |
| AMENDMENT NO. ______. Amend House Bill 640 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Election Code is amended by adding Section | 5 |
| 1A-25 and changing Section 18A-5 as follows: | 6 |
| (10 ILCS 5/1A-25 new) | 7 |
| Sec. 1A-25. Centralized statewide voter registration list. | 8 |
| The centralized statewide voter registration list required by | 9 |
| Title III, Subtitle A, Section 303 of the Help America Vote Act | 10 |
| of 2002 shall be created and maintained by the State Board of | 11 |
| Elections as provided in this Section. | 12 |
| (1) The centralized statewide voter registration list | 13 |
| shall be compiled from the voter registration data bases of | 14 |
| each election authority in this State.
| 15 |
| (2) All new voter registration forms and applications | 16 |
| to register to vote shall be transmitted to the appropriate | 17 |
| election authority. The election authority shall process | 18 |
| and verify each voter registration form and electronically | 19 |
| enter verified registrations on an expedited basis onto the | 20 |
| statewide voter registration list. All original | 21 |
| registration cards shall remain permanently in the office | 22 |
| of the election authority as required by Sections 4-20, | 23 |
| 5-28, and 6-65.
| 24 |
| (3) The centralized statewide voter registration list |
|
|
|
09300HB0640sam001 |
- 2 - |
LRB093 05385 JAM 54190 a |
|
| 1 |
| shall:
| 2 |
| (i) Be designed to allow election authorities to | 3 |
| utilize the registration data on the statewide voter | 4 |
| registration list pertinent to voters registered in | 5 |
| their election jurisdiction on locally maintained | 6 |
| software programs that are unique to each | 7 |
| jurisdiction.
| 8 |
| (ii) Allow each election authority to perform | 9 |
| essential election management functions, including but | 10 |
| not limited to production of voter lists, processing of | 11 |
| absentee voters, production of individual, pre-printed | 12 |
| applications to vote, administration of election | 13 |
| judges, and polling place administration, but shall | 14 |
| not prevent any election authority from using | 15 |
| information from that election authority's own | 16 |
| systems.
| 17 |
| (4) The registration information maintained by each | 18 |
| election authority shall at all times be synchronized with | 19 |
| that authority's information on the statewide list on a | 20 |
| constant, real-time basis.
| 21 |
| To protect the privacy and confidentiality of voter | 22 |
| registration information, the disclosure of any portion of the | 23 |
| centralized statewide voter registration list to any person or | 24 |
| entity other than to a State or local political committee and | 25 |
| other than to a governmental entity for a governmental purpose | 26 |
| is specifically prohibited.
| 27 |
| (10 ILCS 5/18A-5)
| 28 |
| Sec. 18A-5. Provisional voting; general provisions.
| 29 |
| (a) A person who claims to be a registered voter is | 30 |
| entitled to cast a
provisional ballot under the following | 31 |
| circumstances:
| 32 |
| (1) The person's name does not appear on the official | 33 |
| list of eligible
voters , whether a list of active or |
|
|
|
09300HB0640sam001 |
- 3 - |
LRB093 05385 JAM 54190 a |
|
| 1 |
| inactive voters, for the precinct in which
the person seeks | 2 |
| to vote . The official list is the centralized statewide | 3 |
| voter registration list established and maintained in | 4 |
| accordance with Section 1A-25 ;
| 5 |
| (2) The person's voting status has been challenged by | 6 |
| an election judge, a
pollwatcher, or any legal voter and | 7 |
| that challenge has been sustained by a
majority of the | 8 |
| election judges; or
| 9 |
| (3) A federal or State court order extends the time for | 10 |
| closing the polls
beyond the time period established by | 11 |
| State law and the person votes during the
extended time | 12 |
| period.
| 13 |
| (b) The procedure for obtaining and casting a provisional | 14 |
| ballot at the
polling place
shall be as follows:
| 15 |
| (1) An election judge at the polling place shall notify | 16 |
| a person who is
entitled to cast a provisional ballot | 17 |
| pursuant to subsection (a)
that he or she may cast a | 18 |
| provisional ballot in that election.
An election judge
must | 19 |
| accept any information provided by a person who casts a | 20 |
| provisional ballot
that the person believes supports his or | 21 |
| her claim that he or she is a duly
registered voter and | 22 |
| qualified to vote in the election.
| 23 |
| (2) The person shall execute a written form provided by | 24 |
| the
election judge that shall state or contain all of the | 25 |
| following:
| 26 |
| (i) an affidavit stating the following:
| 27 |
| State of Illinois, County of ................, | 28 |
| Township
.............,
Precinct ........, Ward | 29 |
| ........, I, ......................., do solemnly
| 30 |
| swear (or affirm) that: I am a citizen of the United | 31 |
| States; I am 18 years of
age or older; I have resided | 32 |
| in this State and in this precinct for 30 days
| 33 |
| preceding this election; I have not voted in this | 34 |
| election; I am a duly
registered voter in every |
|
|
|
09300HB0640sam001 |
- 4 - |
LRB093 05385 JAM 54190 a |
|
| 1 |
| respect; and I am eligible to vote in this election.
| 2 |
| Signature ...... Printed Name of Voter ....... Printed | 3 |
| Residence
Address of Voter ...... City
...... State | 4 |
| .... Zip Code ..... Telephone Number ...... Date of | 5 |
| Birth .......
and Driver's License Number ....... Last | 6 |
| 4 digits of Social
Security
Number ...... or State | 7 |
| Identification Card
Number.
| 8 |
| (ii) Written instruction stating the following:
| 9 |
| In order to expedite the verification of your voter | 10 |
| registration
status, the .... (insert name of county | 11 |
| clerk of board of election
commissioners here) | 12 |
| requests that you include your phone number and
both | 13 |
| the last four digits of your social security number and | 14 |
| your driver's
license number or State Identification | 15 |
| Card Number
issued to you by the Secretary of State.
At | 16 |
| minimum, you are required to include either (A) your | 17 |
| driver's license
number or State Identification Card | 18 |
| Number
issued to you by the Secretary of State
or (B) | 19 |
| the last
4 digits of your social security number.
| 20 |
| (iii) A box for the election judge to check one of the | 21 |
| 3 reasons why the
person was given a provisional ballot | 22 |
| under subsection (a) of Section 18A-5.
| 23 |
| (iv) An area for the election judge to affix his or her | 24 |
| signature and to
set forth any facts that support or oppose | 25 |
| the allegation that the person is
not qualified to vote in | 26 |
| the precinct in which the person is seeking to vote.
| 27 |
| The written affidavit form described in this subsection | 28 |
| (b)(2) must be
printed on a multi-part form prescribed by the | 29 |
| county clerk or board of
election commissioners, as the case | 30 |
| may be.
| 31 |
| (3) After the person executes the portion of the written | 32 |
| affidavit described
in subsection (b)(2)(i) of this Section, | 33 |
| the election judge shall complete the
portion of the written | 34 |
| affidavit described in subsection (b)(2)(iii) and
(b)(2)(iv).
|
|
|
|
09300HB0640sam001 |
- 5 - |
LRB093 05385 JAM 54190 a |
|
| 1 |
| (4) The election judge shall give a copy of the completed | 2 |
| written affidavit
to the person. The election judge shall place | 3 |
| the original written affidavit in
a self-adhesive clear plastic | 4 |
| packing list envelope that must be attached to a
separate | 5 |
| envelope marked as a "provisional ballot envelope". The | 6 |
| election judge
shall also place any information provided by the | 7 |
| person who casts a provisional
ballot in the clear plastic | 8 |
| packing list envelope. Each county clerk or board
of election | 9 |
| commissioners, as the case may be,
must design, obtain or | 10 |
| procure self-adhesive clear plastic packing list
envelopes and | 11 |
| provisional ballot envelopes that are suitable for | 12 |
| implementing
this subsection (b)(4) of this Section.
| 13 |
| (5) The election judge shall provide the person with a | 14 |
| provisional ballot,
written instructions for casting a | 15 |
| provisional ballot, and the provisional
ballot envelope with | 16 |
| the clear plastic packing list envelope affixed to it,
which | 17 |
| contains the person's original written affidavit and, if any, | 18 |
| information
provided by the provisional voter to support his or | 19 |
| her claim that he or she is
a duly registered voter. An | 20 |
| election judge must also give the person written
information | 21 |
| that states that any person who casts a provisional ballot | 22 |
| shall be
able to ascertain, pursuant to guidelines established | 23 |
| by the State Board of
Elections, whether the provisional vote | 24 |
| was counted in the official canvass of
votes for that election | 25 |
| and, if the provisional vote was not counted, the
reason that | 26 |
| the vote was not counted.
| 27 |
| (6) After the person has completed marking his or her | 28 |
| provisional ballot, he
or she shall place the marked ballot | 29 |
| inside of the provisional ballot envelope,
close and seal the | 30 |
| envelope, and return the envelope to an election judge, who
| 31 |
| shall then deposit the sealed provisional ballot envelope into | 32 |
| a securable
container separately identified and utilized for | 33 |
| containing sealed provisional
ballot envelopes. Upon the | 34 |
| closing of the polls, the securable container shall
be
sealed |
|
|
|
09300HB0640sam001 |
- 6 - |
LRB093 05385 JAM 54190 a |
|
| 1 |
| with filament tape provided for that purpose, which shall be | 2 |
| wrapped
around the box lengthwise and crosswise, at least twice | 3 |
| each way, and each of
the election judges shall sign the seal.
| 4 |
| (c) Instead of the affidavit form described in subsection | 5 |
| (b), the county
clerk or board of election commissioners, as | 6 |
| the case may be, may design and
use a multi-part affidavit form | 7 |
| that is imprinted upon or attached to the
provisional ballot | 8 |
| envelope described in subsection (b). If a county clerk or
| 9 |
| board of election commissioners elects to design and use its | 10 |
| own multi-part
affidavit form, then the county clerk or board | 11 |
| of election commissioners shall
establish a mechanism for | 12 |
| accepting any information the provisional voter has
supplied to | 13 |
| the election judge to support his or her claim that he or she | 14 |
| is a
duly registered voter. In all other respects, a county | 15 |
| clerk or board of
election commissioners shall establish | 16 |
| procedures consistent with subsection
(b).
| 17 |
| (d) The county clerk or board of election commissioners, as | 18 |
| the case may be,
shall use the completed affidavit form | 19 |
| described in subsection (b) to update
the person's voter | 20 |
| registration information in the State voter registration
| 21 |
| database and voter registration database of the county clerk or | 22 |
| board of
election commissioners, as the case may be. If a | 23 |
| person is later determined not
to be a registered voter based | 24 |
| on Section 18A-15 of this Code, then the
affidavit shall be | 25 |
| processed by the county clerk or board of election
| 26 |
| commissioners, as the case may be, as a voter registration | 27 |
| application.
| 28 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 29 |
| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.".
|
|