Full Text of HB5830 100th General Assembly
HB5830 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5830 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/4-10 | from Ch. 46, par. 4-10 | 10 ILCS 5/5-9 | from Ch. 46, par. 5-9 | 10 ILCS 5/6-37 | from Ch. 46, par. 6-37 |
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Amends the Election Code. In provisions concerning voter registration, provides that an identification card issued by a unit of local government is not an acceptable form of identification. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 4-10, 5-9, and 6-37 as follows:
| 6 | | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
| 7 | | Sec. 4-10.
Except as herein provided, no person shall be | 8 | | registered,
unless he applies in person to a registration | 9 | | officer, answers such
relevant questions as may be asked of him | 10 | | by the registration officer,
and executes the affidavit of | 11 | | registration. The registration officer shall
require the | 12 | | applicant to furnish two forms of identification, and except in | 13 | | the
case of a homeless individual, one of which must include | 14 | | his or her residence
address. These forms of identification | 15 | | shall include, but not be limited to,
any of the following: | 16 | | driver's license, social security card, public aid
| 17 | | identification card, utility bill, employee or student | 18 | | identification card,
lease or contract for a residence, credit | 19 | | card, or a civic, union or professional association membership | 20 | | card. An identification card issued by a unit of local | 21 | | government is not an acceptable form of identification under | 22 | | this Section.
The registration officer shall require a homeless | 23 | | individual to furnish
evidence of his or her use of the mailing |
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| 1 | | address stated. This use may be
demonstrated by a piece of mail | 2 | | addressed to that individual and received at
that address or by | 3 | | a statement from a person authorizing use of the mailing
| 4 | | address. The registration officer shall require each applicant | 5 | | for
registration to read or have read to him the affidavit of | 6 | | registration
before permitting him to execute the affidavit.
| 7 | | One of the registration officers or a deputy registration | 8 | | officer,
county clerk, or clerk in the office of the county | 9 | | clerk, shall
administer to all persons who shall personally | 10 | | apply to register the
following oath or affirmation:
| 11 | | "You do solemnly swear (or affirm) that you will fully and | 12 | | truly
answer all such questions as shall be put to you touching | 13 | | your name,
place of residence, place of birth, your | 14 | | qualifications as an elector
and your right as such to register | 15 | | and vote under the laws of the State
of Illinois."
| 16 | | The registration officer shall satisfy himself that each | 17 | | applicant
for registration is qualified to register before | 18 | | registering him. If the
registration officer has reason to | 19 | | believe that the applicant is a resident
of a Soldiers' and | 20 | | Sailors' Home or any facility which is licensed or certified
| 21 | | pursuant to the Nursing Home Care Act, the Specialized Mental | 22 | | Health Rehabilitation Act of 2013, the ID/DD Community Care | 23 | | Act, or the MC/DD Act, the following question shall be put,
| 24 | | "When you entered the home which is your present address, was | 25 | | it your bona
fide intention to become a resident thereof?" Any | 26 | | voter of a township, city,
village or incorporated town in |
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| 1 | | which such applicant resides, shall be
permitted to be present | 2 | | at the place of any precinct registration and shall
have the | 3 | | right to challenge any applicant who applies to be registered.
| 4 | | In case the officer is not satisfied that the applicant is | 5 | | qualified
he shall forthwith notify such applicant in writing | 6 | | to appear before the
county clerk to complete his registration. | 7 | | Upon the card of such
applicant shall be written the word | 8 | | "incomplete" and no such applicant
shall be permitted to vote | 9 | | unless such registration is satisfactorily
completed as | 10 | | hereinafter provided. No registration shall be taken and
marked | 11 | | as incomplete if information to complete it can be furnished on
| 12 | | the date of the original application.
| 13 | | Any person claiming to be an elector in any election | 14 | | precinct and
whose registration card is marked "Incomplete" may | 15 | | make and sign an
application in writing, under oath, to the | 16 | | county clerk in substance in
the following form:
| 17 | | "I do solemnly swear that I, ...., did on (insert date) | 18 | | make
application to the board of registry of the .... precinct | 19 | | of the township of
.... (or to the county clerk of .... county) | 20 | | and that said board or clerk
refused to complete my | 21 | | registration as a qualified voter in said
precinct. That I | 22 | | reside in said precinct, that I intend to reside in said
| 23 | | precinct, and am a duly qualified voter of said precinct and am | 24 | | entitled to be
registered to vote in said precinct at the next | 25 | | election.
| 26 | | (Signature of applicant) ............................."
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| 1 | | All such applications shall be presented to the county | 2 | | clerk or to
his duly authorized representative by the | 3 | | applicant, in person between
the hours of 9:00 a.m. and 5:00 | 4 | | p.m. on any day after the days on
which the 1969 and 1970 | 5 | | precinct re-registrations are held but not on
any day within 27 | 6 | | days preceding the ensuing general election and
thereafter for | 7 | | the registration provided in Section 4-7 all such
applications | 8 | | shall be presented to the county clerk or his duly
authorized | 9 | | representative by the applicant in person between the hours
of | 10 | | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | 11 | | the
ensuing general election. Such application shall be heard | 12 | | by the county
clerk or his duly authorized representative at | 13 | | the time the application
is presented. If the applicant for | 14 | | registration has registered with the
county clerk, such | 15 | | application may be presented to and heard by the
county clerk | 16 | | or by his duly authorized representative upon the dates
| 17 | | specified above or at any time prior thereto designated by the | 18 | | county clerk.
| 19 | | Any otherwise qualified person who is absent from his | 20 | | county of
residence either due to business of the United States | 21 | | or because he is
temporarily outside the territorial limits of | 22 | | the United States may
become registered by mailing an | 23 | | application to the county clerk within
the periods of | 24 | | registration provided for in this Article, or by simultaneous
| 25 | | application for registration by mail and vote by mail ballot as |
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| 1 | | provided in
Article 20 of this Code.
| 2 | | Upon receipt of such application the county clerk shall | 3 | | immediately
mail an affidavit of registration in duplicate, | 4 | | which affidavit shall
contain the following and such other | 5 | | information as the State Board of
Elections may think it proper | 6 | | to require for the identification of the
applicant:
| 7 | | Name. The name of the applicant, giving surname and first | 8 | | or
Christian name in full, and the middle name or the initial | 9 | | for such
middle name, if any.
| 10 | | Sex.
| 11 | | Residence. The name and number of the street, avenue or | 12 | | other
location of the dwelling, and such additional clear and | 13 | | definite
description as may be necessary to determine the exact | 14 | | location of the
dwelling of the applicant. Where the location | 15 | | cannot be determined by
street and number, then the Section, | 16 | | congressional township and range
number may be used, or such | 17 | | other information as may be necessary,
including post office | 18 | | mailing address.
| 19 | | Electronic mail address, if the registrant has provided | 20 | | this information. | 21 | | Term of residence in the State of Illinois and the | 22 | | precinct.
| 23 | | Nativity. The State or country in which the applicant was | 24 | | born.
| 25 | | Citizenship. Whether the applicant is native born or | 26 | | naturalized. If
naturalized, the court, place and date of |
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| 1 | | naturalization.
| 2 | | Age. Date of birth, by month, day and year.
| 3 | | Out of State address of ..........................
| 4 | | AFFIDAVIT OF REGISTRATION
| 5 | | State of ...........)
| 6 | | )ss
| 7 | | County of ..........)
| 8 | | I hereby swear (or affirm) that I am a citizen of the | 9 | | United States;
that on the day of the next election I shall | 10 | | have resided in the State
of Illinois and in the election | 11 | | precinct 30 days; that I am
fully qualified to vote, that I am | 12 | | not registered to vote anywhere else
in the United States, that | 13 | | I intend to remain a resident of the State of
Illinois and of | 14 | | the election precinct, that I intend to return to the State
of | 15 | | Illinois, and that the above statements are true.
| 16 | | ..............................
| 17 | | (His or her signature or mark)
| 18 | | Subscribed and sworn to before me, an officer qualified to | 19 | | administer
oaths, on (insert date).
| 20 | | ........................................
| 21 | | Signature of officer administering oath.
| 22 | | Upon receipt of the executed duplicate affidavit of | 23 | | Registration, the
county clerk shall transfer the information | 24 | | contained thereon to
duplicate Registration Cards provided for | 25 | | in Section 4-8 of this Article
and shall attach thereto a copy | 26 | | of each of the duplicate affidavit of
registration and |
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| 1 | | thereafter such registration card and affidavit shall
| 2 | | constitute the registration of such person the same as if he | 3 | | had applied
for registration in person.
| 4 | | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; | 5 | | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | 6 | | 7-29-15.)
| 7 | | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| 8 | | Sec. 5-9.
Except as herein provided, no person shall be | 9 | | registered
unless he applies in person to registration officer, | 10 | | answers such
relevant questions as may be asked of him by the | 11 | | registration officer,
and executes the affidavit of | 12 | | registration. The registration officer shall
require the | 13 | | applicant to furnish two forms of identification, and except in | 14 | | the
case of a homeless individual, one of which must include | 15 | | his or her residence
address. These forms of identification | 16 | | shall include, but not be limited to,
any of the following: | 17 | | driver's license, social security card, public aid
| 18 | | identification card, utility bill, employee or student | 19 | | identification card,
lease or contract for a residence, credit | 20 | | card, or a civic, union or professional association membership | 21 | | card. An identification card issued by a unit of local | 22 | | government is not an acceptable form of identification under | 23 | | this Section.
The registration officer shall require a homeless | 24 | | individual to furnish
evidence of his or her use of the mailing | 25 | | address stated. This use may be
demonstrated by a piece of mail |
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| 1 | | addressed to that individual and received at
that address or by | 2 | | a statement from a person authorizing use of the mailing
| 3 | | address. The registration officer shall require each applicant | 4 | | for registration
to read or have read to him the affidavit of | 5 | | registration before permitting him
to execute the affidavit.
| 6 | | One of the Deputy Registrars, the Judge of Registration, or | 7 | | an
Officer of Registration, County Clerk, or clerk in the | 8 | | office of the
County Clerk, shall administer to all persons who | 9 | | shall personally apply
to register the following oath or | 10 | | affirmation:
| 11 | | "You do solemnly swear (or affirm) that you will fully and | 12 | | truly
answer all such questions as shall be put to you touching | 13 | | your place of
residence, name, place of birth, your | 14 | | qualifications as an elector and
your right as such to register | 15 | | and vote under the laws of the State of
Illinois."
| 16 | | The Registration Officer shall satisfy himself that each | 17 | | applicant
for registration is qualified to register before | 18 | | registering him. If the
registration officer has reason to | 19 | | believe that the applicant is a resident
of a Soldiers' and | 20 | | Sailors' Home or any facility which is licensed or certified
| 21 | | pursuant to the Nursing Home Care Act, the Specialized Mental | 22 | | Health Rehabilitation Act of 2013, the ID/DD Community Care | 23 | | Act, or the MC/DD Act, the following question shall be put,
| 24 | | "When you entered the home which is your present address, was | 25 | | it your bona fide
intention to become a resident thereof?" Any | 26 | | voter of a township, city,
village or incorporated town in |
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| 1 | | which such applicant resides, shall be
permitted to be present | 2 | | at the place of precinct registration, and shall have
the right | 3 | | to challenge any applicant who applies to be registered.
| 4 | | In case the officer is not satisfied that the applicant is | 5 | | qualified,
he shall forthwith in writing notify such applicant | 6 | | to appear before the
County Clerk to furnish further proof of | 7 | | his qualifications. Upon the
card of such applicant shall be | 8 | | written the word "Incomplete" and no
such applicant shall be | 9 | | permitted to vote unless such registration is
satisfactorily | 10 | | completed as hereinafter provided. No registration shall
be | 11 | | taken and marked as "incomplete" if information to complete it | 12 | | can be
furnished on the date of the original application.
| 13 | | Any person claiming to be an elector in any election | 14 | | precinct in such
township, city, village or incorporated town | 15 | | and whose registration is
marked "Incomplete" may make and sign | 16 | | an application in writing, under
oath, to the County Clerk in | 17 | | substance in the following form:
| 18 | | "I do solemnly swear that I, .........., did on (insert | 19 | | date) make application to the Board of Registry of the ........
| 20 | | precinct of ........ ward of the City of .... or of the | 21 | | ......... District
......... Town of .......... (or to the | 22 | | County Clerk of .............) and
............ County; that | 23 | | said Board or Clerk refused to complete my
registration as a | 24 | | qualified voter in said precinct, that I reside in said
| 25 | | precinct (or that I intend to reside in said precinct), am a | 26 | | duly qualified
voter and entitled to vote in said precinct at |
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| 1 | | the next election.
| 2 | | ...........................
| 3 | | (Signature of Applicant)"
| 4 | | All such applications shall be presented to the County | 5 | | Clerk by the
applicant, in person between the hours of nine | 6 | | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | 7 | | the third week subsequent to
the weeks in which the 1961 and | 8 | | 1962 precinct re-registrations are to be
held, and thereafter | 9 | | for the registration provided in Section 5-17 of
this Article, | 10 | | all such applications shall be presented to the County
Clerk by | 11 | | the applicant in person between the hours of nine o'clock a.m.
| 12 | | and nine o'clock p.m. on Monday and Tuesday of the third week
| 13 | | prior to the date on which such election is to be held.
| 14 | | Any otherwise qualified person who is absent from his | 15 | | county of
residence either due to business of the United States | 16 | | or because he is
temporarily outside the territorial limits of | 17 | | the United States may
become registered by mailing an | 18 | | application to the county clerk within
the periods of | 19 | | registration provided for in this Article or by simultaneous
| 20 | | application for registration by mail and vote by mail ballot as | 21 | | provided in
Article 20 of this Code.
| 22 | | Upon receipt of such application the county clerk shall | 23 | | immediately
mail an affidavit of registration in duplicate, | 24 | | which affidavit shall
contain the following and such other | 25 | | information as the State Board of
Elections may think it proper | 26 | | to require for the identification of the
applicant:
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| 1 | | Name. The name of the applicant, giving surname and first | 2 | | or
Christian name in full, and the middle name or the initial | 3 | | for such
middle name, if any.
| 4 | | Sex.
| 5 | | Residence. The name and number of the street, avenue or | 6 | | other
location of the dwelling, and such additional clear and | 7 | | definite
description as may be necessary to determine the exact | 8 | | location of the
dwelling of the applicant. Where the location | 9 | | cannot be determined by
street and number, then the Section, | 10 | | congressional township and range
number may be used, or such | 11 | | other information as may be necessary,
including post office | 12 | | mailing address.
| 13 | | Electronic mail address, if the registrant has provided | 14 | | this information. | 15 | | Term of residence in the State of Illinois and the | 16 | | precinct.
| 17 | | Nativity. The State or country in which the applicant was | 18 | | born.
| 19 | | Citizenship. Whether the applicant is native born or | 20 | | naturalized. If
naturalized, the court, place and date of | 21 | | naturalization.
| 22 | | Age. Date of birth, by month, day and year.
| 23 | | Out of State address of ..........................
| 24 | | AFFIDAVIT OF REGISTRATION
| 25 | | State of .........)
| 26 | | )ss
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| 1 | | County of ........)
| 2 | | I hereby swear (or affirm) that I am a citizen of the | 3 | | United States;
that on the day of the next election I shall | 4 | | have resided in the State
of Illinois for 6 months and in the | 5 | | election precinct 30 days; that I am
fully qualified to vote, | 6 | | that I am not registered to vote anywhere else
in the United | 7 | | States, that I intend to remain a resident of the State of
| 8 | | Illinois and of the election precinct, that I intend to return | 9 | | to the State
of Illinois, and that the above statements are | 10 | | true.
| 11 | | ..............................
| 12 | | (His or her signature or mark)
| 13 | | Subscribed and sworn to before me, an officer qualified to | 14 | | administer
oaths, on (insert date).
| 15 | | ........................................
| 16 | | Signature of officer administering oath.
| 17 | | Upon receipt of the executed duplicate affidavit of | 18 | | Registration, the
county clerk shall transfer the information | 19 | | contained thereon to
duplicate Registration Cards provided for | 20 | | in Section 5-7 of this Article
and shall attach thereto a copy | 21 | | of each of the duplicate affidavit of
registration and | 22 | | thereafter such registration card and affidavit shall
| 23 | | constitute the registration of such person the same as if he | 24 | | had applied
for registration in person.
| 25 | | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; |
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| 1 | | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | 2 | | 7-29-15.)
| 3 | | (10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
| 4 | | Sec. 6-37.
Except as otherwise provided for in Section 6-29 | 5 | | of this
Article, no person shall be registered unless he | 6 | | applies in person to a
registration officer, answers such | 7 | | relevant questions as may be asked of
him by the registration | 8 | | officer, and executes the affidavit of registration.
The | 9 | | registration officer shall require the applicant to furnish
two | 10 | | forms of identification, and except in the case of a homeless | 11 | | individual,
one of which must include his or her residence | 12 | | address. These forms of
identification shall include, but not | 13 | | be limited to, any of the following:
driver's license, social | 14 | | security card, public aid identification card, utility
bill, | 15 | | employee or student identification card, lease or contract for | 16 | | a residence, credit card, or a civic,
union or professional | 17 | | association membership card. An identification card issued by a | 18 | | unit of local government is not an acceptable form of | 19 | | identification under this Section. The registration
officer | 20 | | shall require a homeless individual to furnish evidence of his | 21 | | or
her use of the mailing address stated. This use may be | 22 | | demonstrated by a
piece of mail addressed to that individual | 23 | | and received at that address or
by a statement from a person | 24 | | authorizing use of the mailing address. The
registration | 25 | | officer shall require each applicant for registration to read |
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| 1 | | or
have read to him the affidavit of registration before | 2 | | permitting him to execute
the affidavit.
| 3 | | The registration officer shall satisfy himself that each | 4 | | applicant for
registration is qualified to register before | 5 | | registering him. Any voter of
the ward, village or incorporated | 6 | | town in which such applicant resides,
shall be permitted to be | 7 | | present at the place of registration, and shall
have the right | 8 | | to challenge any applicant who applies to be registered.
| 9 | | In case the officer is not satisfied that the applicant is | 10 | | qualified he
shall forthwith in writing notify such applicant | 11 | | to appear before the board
of election commissioners to furnish | 12 | | further proof of his qualification.
Upon the card of such | 13 | | applicant shall be written the word "incomplete" and
no such | 14 | | applicant shall be permitted to vote unless such registration | 15 | | is
satisfactorily completed as hereinafter provided.
| 16 | | Any person claiming to be an elector in any election | 17 | | precinct in such
city, village or incorporated town and whose | 18 | | registration is marked
"incomplete" may make and sign an | 19 | | application in writing, under oath, to
the board of election | 20 | | commissioners in substance in the following form:
| 21 | | "I do solemnly swear that I,.... did on .... make | 22 | | application to the
board of registry of the .... precinct of | 23 | | .... ward of the city of ....(or
to the board of election | 24 | | commissioners of ....) and that said board refused
to complete | 25 | | my registration as a qualified voter in said precinct, that I
| 26 | | reside in said precinct, am a duly qualified voter and entitled |
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| 1 | | to vote in
said precinct at the next election.
| 2 | | ....(Signature of Applicant)"
| 3 | | In all cities, villages or incorporated towns having a | 4 | | population of
less than 200,000 all such applications shall be | 5 | | presented to the board of
election commissioners by the | 6 | | applicant, in person, between the hours of
nine o'clock a.m., | 7 | | and five o'clock p.m. on Tuesday or Wednesday of the
second | 8 | | week prior to the week in which such election is to be held, | 9 | | and in
all municipalities having a population of more than | 10 | | 200,000 and having a
board of election commissioners and in all | 11 | | cities, villages and
incorporated towns within the | 12 | | jurisdiction of such board, all such
applications shall be | 13 | | presented to the board of election commissioners by
the | 14 | | applicant, in person between the hours of nine o'clock a.m. and | 15 | | five
o'clock p.m., on Monday and Tuesday of the third week | 16 | | prior to the week in
which such election is to be held.
| 17 | | (Source: P.A. 96-317, eff. 1-1-10.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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