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Sen. Iris Y. Martinez
Filed: 3/3/2017
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| 1 | | AMENDMENT TO SENATE BILL 224
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 224 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 4 | | "Section 5. The Election Code is amended by changing |
| 5 | | Sections 4-8, 5-7, and 6-35 as follows:
|
| 6 | | (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
|
| 7 | | Sec. 4-8. The county clerk shall provide a sufficient |
| 8 | | number of blank
forms for the registration of electors, which |
| 9 | | shall be known as
registration record cards and which shall |
| 10 | | consist of loose leaf sheets
or cards, of suitable size to |
| 11 | | contain in plain writing and figures the
data hereinafter |
| 12 | | required thereon or shall consist of computer cards of
suitable |
| 13 | | nature to contain the data required thereon. The registration |
| 14 | | record
cards, which shall include an affidavit of registration |
| 15 | | as hereinafter
provided, shall be executed in duplicate.
|
| 16 | | The registration record card shall contain the following |
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| 1 | | and such
other information as the county clerk may think it |
| 2 | | proper to require for
the identification of the applicant for |
| 3 | | registration:
|
| 4 | | Name. The name of the applicant, giving surname and first |
| 5 | | or
Christian name in full, and the middle name or the initial |
| 6 | | for such
middle name, if any.
|
| 7 | | Sex.
|
| 8 | | Residence. The name and number of the street, avenue, or |
| 9 | | other location of
the dwelling, including the apartment, unit |
| 10 | | or room number, if any, and in the
case of a mobile home the lot |
| 11 | | number, and such additional clear and definite
description as |
| 12 | | may be necessary to determine the exact location of the
|
| 13 | | dwelling of the applicant. Where the location cannot be |
| 14 | | determined by
street and number, then the section, |
| 15 | | congressional township and range
number may be used, or such |
| 16 | | other description as may be necessary,
including post-office |
| 17 | | mailing address. In the case of a homeless individual,
the |
| 18 | | individual's voting residence that is his or her mailing |
| 19 | | address shall be
included on his or her registration record |
| 20 | | card.
|
| 21 | | Term of residence in the State of Illinois and precinct. |
| 22 | | This
information shall be furnished by the applicant stating |
| 23 | | the place or
places where he resided and the dates during which |
| 24 | | he resided in such
place or places during the year next |
| 25 | | preceding the date of the next
ensuing election.
|
| 26 | | Nativity. The state or country in which the applicant was |
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| 1 | | born.
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| 2 | | Citizenship. Whether the applicant is native born or |
| 3 | | naturalized. If
naturalized, the court, place, and date of |
| 4 | | naturalization.
|
| 5 | | Date of application for registration, i.e., the day, month |
| 6 | | and year
when applicant presented himself for registration.
|
| 7 | | Age. Date of birth, by month, day and year.
|
| 8 | | Physical disability of the applicant, if any, at the time |
| 9 | | of
registration, which would require assistance in voting.
|
| 10 | | The county and state in which the applicant was last |
| 11 | | registered.
|
| 12 | | Electronic mail address, if any. |
| 13 | | Signature of voter. The applicant, after the registration |
| 14 | | and in the
presence of a deputy registrar or other officer of |
| 15 | | registration shall be
required to sign his or her name in ink |
| 16 | | or digitized form to the affidavit on both the
original and |
| 17 | | duplicate registration record cards.
|
| 18 | | Signature of deputy registrar or officer of registration.
|
| 19 | | In case applicant is unable to sign his name, he may affix |
| 20 | | his mark
to the affidavit. In such case the officer empowered |
| 21 | | to give the
registration oath shall write a detailed |
| 22 | | description of the applicant in
the space provided on the back |
| 23 | | or at the bottom of the card or sheet;
and shall ask the |
| 24 | | following questions and record the answers thereto:
|
| 25 | | Father's first name.
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| 26 | | Mother's first name.
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| 1 | | From what address did the applicant last register?
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| 2 | | Reason for inability to sign name.
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| 3 | | Each applicant for registration shall make an affidavit in
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| 4 | | substantially the following form:
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| 5 | | AFFIDAVIT OF REGISTRATION
|
| 6 | | STATE OF ILLINOIS
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| 7 | | COUNTY OF .......
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| 8 | | I hereby swear (or affirm) that I am a citizen of the |
| 9 | | United States;
that on the date of the next election I shall |
| 10 | | have resided in the State
of Illinois and in the election |
| 11 | | precinct in which I reside 30 days and
that I intend that this |
| 12 | | location shall be my residence; that
I am fully qualified to |
| 13 | | vote, and that the above statements are true.
|
| 14 | | ..............................
|
| 15 | | (His or her signature or mark)
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| 16 | | Subscribed and sworn to before me on (insert date).
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| 17 | | ..................................
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| 18 | | Signature of registration officer.
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| 19 | | (To be signed in presence of registrant.)
|
| 20 | | Space shall be provided upon the face of each registration |
| 21 | | record
card for the notation of the voting record of the person |
| 22 | | registered
thereon.
|
| 23 | | Each registration record card shall be numbered according |
| 24 | | to
precincts, and may be serially or otherwise marked for |
| 25 | | identification in
such manner as the county clerk may |
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| 1 | | determine.
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| 2 | | The registration cards shall be deemed public records and |
| 3 | | shall be
open to inspection during regular business hours, |
| 4 | | except during the 27
days immediately preceding any election. |
| 5 | | On written request of any
candidate or objector or any person |
| 6 | | intending to object to a petition, the
election authority shall |
| 7 | | extend its hours for inspection of registration
cards and other |
| 8 | | records of the election authority during the period
beginning |
| 9 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
| 10 | | 28-3 and continuing through the termination of electoral board |
| 11 | | hearings on
any objections to petitions containing signatures |
| 12 | | of registered voters in
the jurisdiction of the election |
| 13 | | authority. The extension shall be for a
period of hours |
| 14 | | sufficient to allow adequate opportunity for examination of
the |
| 15 | | records but the election authority is not required to extend |
| 16 | | its hours
beyond the period beginning at its normal opening for |
| 17 | | business and ending
at midnight. If the business hours are so |
| 18 | | extended, the election authority
shall post a public notice of |
| 19 | | such extended hours. Registration record
cards may also be |
| 20 | | inspected, upon approval of the officer in charge of the
cards, |
| 21 | | during the 27 days immediately preceding any election.
|
| 22 | | Registration
record cards shall also be open to inspection by |
| 23 | | certified judges and poll
watchers and challengers at the |
| 24 | | polling place on election day, but only to
the extent necessary |
| 25 | | to determine the question of the right of a person to
vote or |
| 26 | | to serve as a judge of election. At no time shall poll watchers |
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| 1 | | or
challengers be allowed to physically handle the registration |
| 2 | | record cards.
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| 3 | | Updated copies of computer tapes or computer discs or other |
| 4 | | electronic data
processing information containing voter |
| 5 | | registration information shall
be furnished by the county clerk |
| 6 | | within 10 days after December 15 and
May
15 each year and |
| 7 | | within 10 days after each registration
period is closed to the |
| 8 | | State Board of Elections in a form
prescribed by the
Board. For |
| 9 | | the purposes of this Section, a registration period is closed |
| 10 | | 27
days before the date of any regular or special election. |
| 11 | | Registration
information shall include, but not be limited to, |
| 12 | | the
following information: name, sex, residence, telephone |
| 13 | | number, if any,
age, party affiliation, if applicable, |
| 14 | | precinct, ward, township,
county, and representative, |
| 15 | | legislative and
congressional districts. In the event of |
| 16 | | noncompliance, the State
Board of Elections is directed to |
| 17 | | obtain compliance forthwith with this
nondiscretionary duty of |
| 18 | | the election authority by instituting legal
proceedings in the |
| 19 | | circuit court of the county in which the election
authority |
| 20 | | maintains the registration information. The costs of |
| 21 | | furnishing
updated copies of tapes or discs shall be paid at a |
| 22 | | rate of $.00034 per
name of registered voters in the election |
| 23 | | jurisdiction, but not less than
$50 per tape or disc and shall |
| 24 | | be paid from appropriations made to the
State Board of |
| 25 | | Elections for reimbursement to the election authority for
such |
| 26 | | purpose. The State Board shall furnish copies of such tapes, |
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| 1 | | discs, other
electronic data or compilations thereof to state |
| 2 | | political committees
registered pursuant to the Illinois |
| 3 | | Campaign Finance Act or the Federal
Election Campaign Act, |
| 4 | | Illinois-licensed attorneys employed by public interest |
| 5 | | organizations that have received an exemption under Section |
| 6 | | 501(c) of the Internal Revenue Code, and to governmental |
| 7 | | entities, at their request and at a reasonable cost.
To protect |
| 8 | | the privacy and confidentiality of voter registration |
| 9 | | information,
the disclosure
of electronic voter registration |
| 10 | | records to any person or entity other than to a
State or local |
| 11 | | political
committee, an Illinois-licensed attorney employed by |
| 12 | | a public interest organization that has received an exemption |
| 13 | | under Section 501(c) of the Internal Revenue Code, and other |
| 14 | | than to a governmental entity for a governmental
purpose is |
| 15 | | specifically prohibited except as follows: subject to security |
| 16 | | measures adopted by the State Board of Elections which, at a |
| 17 | | minimum, shall include the keeping of a catalog or database, |
| 18 | | available for public view, including the name, address, and |
| 19 | | telephone number of the person viewing the list as well as the |
| 20 | | time of that viewing, any person may view the centralized |
| 21 | | statewide voter registration list on a computer screen at the |
| 22 | | Springfield office of the State Board of Elections, during |
| 23 | | normal business hours other than during the 27 days before an |
| 24 | | election, but the person viewing the list under this exception |
| 25 | | may not print, duplicate, transmit, or alter the list. Copies |
| 26 | | of
the tapes, discs, or other electronic data shall be |
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| 1 | | furnished by the county
clerk to local political committees, |
| 2 | | Illinois-licensed attorneys employed by public interest |
| 3 | | organizations that have received an exemption under Section |
| 4 | | 501(c) of the Internal Revenue Code, and governmental entities |
| 5 | | at their request and at a
reasonable cost.
Reasonable cost of |
| 6 | | the tapes, discs, et cetera for
this purpose would be the cost |
| 7 | | of duplication plus 15% for
administration. The individual |
| 8 | | representing a political committee
requesting copies of such |
| 9 | | tapes shall make a sworn affidavit that the
information shall |
| 10 | | be used only for bona fide political purposes,
including by or |
| 11 | | for candidates for office or incumbent office holders. The |
| 12 | | Illinois-licensed attorney representing a public interest |
| 13 | | organization that has received an exemption under Section |
| 14 | | 501(c) of the Internal Revenue Code requesting copies of such |
| 15 | | tapes shall make a sworn affidavit that the information shall |
| 16 | | be used only for bona fide legal purposes, including the |
| 17 | | protection of voting rights.
Such tapes, discs or other |
| 18 | | electronic data shall not be used under any
circumstances by |
| 19 | | any political committee or individuals for purposes of
|
| 20 | | commercial solicitation or other business purposes. If such |
| 21 | | tapes
contain information on county residents related to the |
| 22 | | operations of
county government in addition to registration |
| 23 | | information, that
information shall not be used under any |
| 24 | | circumstances for commercial
solicitation or other business |
| 25 | | purposes. The prohibition in this
Section against using the |
| 26 | | computer tapes or computer discs or other
electronic data |
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| 1 | | processing information containing voter registration
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| 2 | | information for purposes of commercial solicitation or other |
| 3 | | business
purposes shall be prospective only from the effective |
| 4 | | date of this
amended Act of 1979. Any person who violates this |
| 5 | | provision shall be
guilty of a Class 4 felony.
|
| 6 | | The State Board of Elections shall promulgate, by October |
| 7 | | 1, 1987, such
regulations as may be necessary to ensure |
| 8 | | uniformity throughout the State
in electronic data processing |
| 9 | | of voter registration information. The
regulations shall |
| 10 | | include, but need not be limited to, specifications for
uniform |
| 11 | | medium, communications protocol and file structure to be |
| 12 | | employed
by the election authorities of this State in the |
| 13 | | electronic data processing
of voter registration information. |
| 14 | | Each election authority utilizing
electronic data processing |
| 15 | | of voter registration information shall comply
with such |
| 16 | | regulations on and after May 15, 1988.
|
| 17 | | If the applicant for registration was last registered in |
| 18 | | another
county within this State, he shall also sign a |
| 19 | | certificate authorizing
cancellation of the former |
| 20 | | registration. The certificate shall be in
substantially the |
| 21 | | following form:
|
| 22 | | To the County Clerk of.... County, Illinois. (or)
|
| 23 | | To the Election Commission of the City of ...., Illinois.
|
| 24 | | This is to certify that I am registered in your (county) |
| 25 | | (city) and
that my residence was ............................
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| 26 | | Having moved out of your (county) (city), I hereby authorize |
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| 1 | | you to
cancel said registration in your office.
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| 2 | | Dated at ...., Illinois, on (insert date).
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| 3 | | .................................
|
| 4 | | (Signature of Voter)
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| 5 | | Attest: ................, County Clerk, .............
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| 6 | | County, Illinois.
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| 7 | | The cancellation certificate shall be mailed immediately |
| 8 | | by the
County Clerk to the County Clerk (or election commission |
| 9 | | as the case may
be) where the applicant was formerly |
| 10 | | registered. Receipt of such
certificate shall be full authority |
| 11 | | for cancellation of any previous
registration.
|
| 12 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|
| 13 | | (10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
|
| 14 | | Sec. 5-7. The county clerk shall provide a sufficient |
| 15 | | number of
blank forms for the registration of electors which |
| 16 | | shall be known as
registration record cards and which shall |
| 17 | | consist of loose leaf sheets
or cards, of suitable size to |
| 18 | | contain in plain writing and figures the
data hereinafter |
| 19 | | required thereon or shall consist of computer cards of
suitable |
| 20 | | nature to contain the data required thereon. The registration
|
| 21 | | record cards, which shall include an affidavit of registration |
| 22 | | as
hereinafter provided, shall be executed in duplicate.
|
| 23 | | The registration record card shall contain the following |
| 24 | | and such
other information as the county clerk may think it |
| 25 | | proper to require for
the identification of the applicant for |
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| 1 | | registration:
|
| 2 | | Name. The name of the applicant, giving surname and first |
| 3 | | or
Christian name in full, and the middle name or the initial |
| 4 | | for such
middle name, if any.
|
| 5 | | Sex.
|
| 6 | | Residence. The name and number of the street, avenue, or |
| 7 | | other
location of the dwelling, including the apartment, unit |
| 8 | | or room number,
if any, and in the case of a mobile home the lot |
| 9 | | number, and such additional
clear and definite description as |
| 10 | | may be necessary to determine the exact
location of the |
| 11 | | dwelling of the applicant, including post-office mailing
|
| 12 | | address. In the case of a homeless individual, the individual's |
| 13 | | voting
residence that is his or her mailing address shall be |
| 14 | | included on his or her
registration record card.
|
| 15 | | Term of residence in the State of Illinois and the |
| 16 | | precinct. Which
questions may be answered by the applicant |
| 17 | | stating, in excess of 30 days
in the State and in excess of 30 |
| 18 | | days in the precinct.
|
| 19 | | Nativity. The State or country in which the applicant was |
| 20 | | born.
|
| 21 | | Citizenship. Whether the applicant is native born or |
| 22 | | naturalized. If
naturalized, the court, place and date of |
| 23 | | naturalization.
|
| 24 | | Date of application for registration, i.e., the day, month |
| 25 | | and year
when applicant presented himself for registration.
|
| 26 | | Age. Date of birth, by month, day and year.
|
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| 1 | | Physical disability of the applicant, if any, at the time |
| 2 | | of
registration, which would require assistance in voting.
|
| 3 | | The county and state in which the applicant was last |
| 4 | | registered.
|
| 5 | | Electronic mail address, if any. |
| 6 | | Signature of voter. The applicant, after the registration |
| 7 | | and in the
presence of a deputy registrar or other officer of |
| 8 | | registration shall be
required to sign his or her name in ink |
| 9 | | or digitized form to the affidavit on the original
and |
| 10 | | duplicate registration record card.
|
| 11 | | Signature of Deputy Registrar.
|
| 12 | | In case applicant is unable to sign his name, he may affix |
| 13 | | his mark
to the affidavit. In such case the officer empowered |
| 14 | | to give the
registration oath shall write a detailed |
| 15 | | description of the applicant in
the space provided at the |
| 16 | | bottom of the card or sheet; and shall ask the
following |
| 17 | | questions and record the answers thereto:
|
| 18 | | Father's first name .......................
|
| 19 | | Mother's first name .......................
|
| 20 | | From what address did you last register?
|
| 21 | | Reason for inability to sign name.
|
| 22 | | Each applicant for registration shall make an affidavit in
|
| 23 | | substantially the following form:
|
| 24 | | AFFIDAVIT OF REGISTRATION
|
| 25 | | State of Illinois)
|
| 26 | | )ss
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| 1 | | County of )
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| 2 | | I hereby swear (or affirm) that I am a citizen of the |
| 3 | | United States;
that on the date of the next election I shall |
| 4 | | have resided in the State
of Illinois and in the election |
| 5 | | precinct in which I reside 30 days; that
I am fully qualified |
| 6 | | to vote. That I intend that this location shall be
my residence |
| 7 | | and that the above statements are true.
|
| 8 | | ..............................
|
| 9 | | (His or her signature or mark)
|
| 10 | | Subscribed and sworn to before me on (insert date).
|
| 11 | | .........................................
|
| 12 | | Signature of Registration Officer.
|
| 13 | | (To be signed in presence of Registrant.)
|
| 14 | | Space shall be provided upon the face of each registration |
| 15 | | record
card for the notation of the voting record of the person |
| 16 | | registered
thereon.
|
| 17 | | Each registration record card shall be numbered according |
| 18 | | to towns
and precincts, wards, cities and villages, as the case |
| 19 | | may be, and may
be serially or otherwise marked for |
| 20 | | identification in such manner as the
county clerk may |
| 21 | | determine.
|
| 22 | | The registration cards shall be deemed public records and |
| 23 | | shall be
open to inspection during regular business hours, |
| 24 | | except during the 27
days immediately preceding any election. |
| 25 | | On written request of any
candidate or objector or any person |
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| 1 | | intending to object to a petition, the
election authority shall |
| 2 | | extend its hours for inspection of registration
cards and other |
| 3 | | records of the election authority during the period
beginning |
| 4 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
| 5 | | 28-3 and continuing through the termination of electoral board |
| 6 | | hearings on
any objections to petitions containing signatures |
| 7 | | of registered voters in
the jurisdiction of the election |
| 8 | | authority. The extension shall be for a
period of hours |
| 9 | | sufficient to allow adequate opportunity for examination of
the |
| 10 | | records but the election authority is not required to extend |
| 11 | | its hours
beyond the period beginning at its normal opening for |
| 12 | | business and ending
at midnight. If the business hours are so |
| 13 | | extended, the election authority
shall post a public notice of |
| 14 | | such extended hours. Registration record cards
may also be |
| 15 | | inspected, upon approval of the officer in charge of the cards,
|
| 16 | | during the 27 days immediately preceding any election. |
| 17 | | Registration
record
cards shall also be open to inspection by |
| 18 | | certified judges and poll watchers
and challengers at the |
| 19 | | polling place on election day, but only to the extent
necessary |
| 20 | | to determine the question of the right of a person to vote or |
| 21 | | to
serve as a judge of election. At no time shall poll watchers |
| 22 | | or challengers be
allowed to physically handle the registration |
| 23 | | record cards.
|
| 24 | | Updated copies of computer tapes or computer discs or other |
| 25 | | electronic data
processing information containing voter |
| 26 | | registration information shall
be furnished by the county clerk |
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| 1 | | within 10 days after December 15 and
May
15 each year and |
| 2 | | within 10 days after each registration
period is closed to the |
| 3 | | State Board of Elections in a form
prescribed by the
Board. For |
| 4 | | the purposes of this Section, a registration period is closed |
| 5 | | 27
days before the date of any regular or special election. |
| 6 | | Registration
information
shall include, but not be limited to, |
| 7 | | the
following information: name, sex, residence, telephone |
| 8 | | number, if any, age,
party affiliation, if applicable, |
| 9 | | precinct, ward, township, county, and
representative, |
| 10 | | legislative and congressional districts. In the event of
|
| 11 | | noncompliance, the State Board of Elections is directed to |
| 12 | | obtain compliance
forthwith with this nondiscretionary duty of |
| 13 | | the election authority by
instituting legal proceedings in the |
| 14 | | circuit court of the county in which the
election authority |
| 15 | | maintains the registration information. The costs of
|
| 16 | | furnishing updated copies of tapes or discs shall be paid at a |
| 17 | | rate of $.00034
per name of registered voters in the election |
| 18 | | jurisdiction, but not less than
$50 per tape or disc and shall |
| 19 | | be paid from appropriations made to the State
Board of |
| 20 | | Elections for reimbursement to the election authority for such
|
| 21 | | purpose. The State Board shall furnish copies of such tapes, |
| 22 | | discs, other electronic
data or compilations thereof to state |
| 23 | | political committees registered pursuant
to the Illinois |
| 24 | | Campaign Finance Act or the Federal Election Campaign Act, |
| 25 | | Illinois-licensed attorneys employed by public interest |
| 26 | | organizations that have received an exemption under Section |
|
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|
|
| 1 | | 501(c) of the Internal Revenue Code, and to governmental |
| 2 | | entities, at
their request and at a reasonable cost.
To protect |
| 3 | | the privacy and confidentiality of voter registration |
| 4 | | information,
the disclosure
of electronic voter registration |
| 5 | | records to any person or entity other than to a
State or local |
| 6 | | political
committee, an Illinois-licensed attorney employed by |
| 7 | | a public interest organization that has received an exemption |
| 8 | | under Section 501(c) of the Internal Revenue Code, and other |
| 9 | | than to a governmental entity for a governmental
purpose
is |
| 10 | | specifically prohibited except as follows: subject to security |
| 11 | | measures adopted by the State Board of Elections which, at a |
| 12 | | minimum, shall include the keeping of a catalog or database, |
| 13 | | available for public view, including the name, address, and |
| 14 | | telephone number of the person viewing the list as well as the |
| 15 | | time of that viewing, any person may view the centralized |
| 16 | | statewide voter registration list on a computer screen at the |
| 17 | | Springfield office of the State Board of Elections, during |
| 18 | | normal business hours other than during the 27 days before an |
| 19 | | election, but the person viewing the list under this exception |
| 20 | | may not print, duplicate, transmit, or alter the list.
Copies |
| 21 | | of the tapes, discs or other
electronic data shall be furnished |
| 22 | | by the county clerk to local political
committees, |
| 23 | | Illinois-licensed attorneys employed by public interest |
| 24 | | organizations that have received an exemption under Section |
| 25 | | 501(c) of the Internal Revenue Code, and governmental entities |
| 26 | | at their request and at a reasonable cost. Reasonable cost of |
|
| | 10000SB0224sam001 | - 17 - | LRB100 04906 MLM 21785 a |
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| 1 | | the
tapes, discs, et cetera for this purpose would be the cost |
| 2 | | of duplication plus
15% for administration. The individual |
| 3 | | representing a political committee
requesting copies of such |
| 4 | | tapes shall make a sworn affidavit that the
information shall |
| 5 | | be used only for bona fide political purposes,
including by or |
| 6 | | for candidates for office or incumbent office holders. The |
| 7 | | Illinois-licensed attorney representing a public interest |
| 8 | | organization that has received an exemption under Section |
| 9 | | 501(c) of the Internal Revenue Code requesting copies of such |
| 10 | | tapes shall make a sworn affidavit that the information shall |
| 11 | | be used only for bona fide legal purposes, including the |
| 12 | | protection of voting rights.
Such tapes, discs or other |
| 13 | | electronic data shall not be used under any
circumstances by |
| 14 | | any political committee or individuals for purposes of
|
| 15 | | commercial solicitation or other business purposes. If such |
| 16 | | tapes
contain information on county residents related to the |
| 17 | | operations of
county government in addition to registration |
| 18 | | information, that
information shall not be used under any |
| 19 | | circumstances for commercial
solicitation or other business |
| 20 | | purposes. The prohibition in this
Section against using the |
| 21 | | computer tapes or computer discs or other
electronic data |
| 22 | | processing information containing voter registration
|
| 23 | | information for purposes of commercial solicitation or other |
| 24 | | business
purposes shall be prospective only from the effective |
| 25 | | date of this
amended Act of 1979. Any person who violates this |
| 26 | | provision shall be
guilty of a Class 4 felony.
|
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| | 10000SB0224sam001 | - 18 - | LRB100 04906 MLM 21785 a |
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| 1 | | The State Board of Elections shall promulgate, by October |
| 2 | | 1, 1987, such
regulations as may be necessary to ensure |
| 3 | | uniformity throughout the State
in electronic data processing |
| 4 | | of voter registration information. The
regulations shall |
| 5 | | include, but need not be limited to, specifications for
uniform |
| 6 | | medium, communications protocol and file structure to be |
| 7 | | employed
by the election authorities of this State in the |
| 8 | | electronic data processing
of voter registration information. |
| 9 | | Each election authority utilizing
electronic data processing |
| 10 | | of voter registration information shall comply
with such |
| 11 | | regulations on and after May 15, 1988.
|
| 12 | | If the applicant for registration was last registered in |
| 13 | | another
county within this State, he shall also sign a |
| 14 | | certificate authorizing
cancellation of the former |
| 15 | | registration. The certificate shall be in
substantially the |
| 16 | | following form:
|
| 17 | | To the County Clerk of .... County, Illinois. To the Election
|
| 18 | | Commission of the City of ...., Illinois.
|
| 19 | | This is to certify that I am registered in your (county) |
| 20 | | (city) and
that my residence was .....
|
| 21 | | Having moved out of your (county) (city), I hereby |
| 22 | | authorize you to
cancel said registration in your office.
|
| 23 | | Dated at .... Illinois, on (insert date).
|
| 24 | | ....................
|
| 25 | | (Signature of Voter)
|
| 26 | | Attest ......, County Clerk, ........ County, Illinois.
|
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| 1 | | The cancellation certificate shall be mailed immediately |
| 2 | | by the
county clerk to the county clerk (or election commission |
| 3 | | as the case may
be) where the applicant was formerly |
| 4 | | registered. Receipt of such
certificate shall be full authority |
| 5 | | for cancellation of any previous
registration.
|
| 6 | | (Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
|
| 7 | | (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
|
| 8 | | Sec. 6-35. The Boards of Election Commissioners shall |
| 9 | | provide a
sufficient number of blank forms for the registration |
| 10 | | of electors which
shall be known as registration record cards |
| 11 | | and which shall consist of
loose leaf sheets or cards, of |
| 12 | | suitable size to contain in plain writing
and figures the data |
| 13 | | hereinafter required thereon or shall consist of computer
cards |
| 14 | | of suitable nature to contain the data required thereon. The |
| 15 | | registration
record cards, which shall include an affidavit of |
| 16 | | registration as
hereinafter provided, shall be executed in |
| 17 | | duplicate. The duplicate of
which may be a carbon copy of the |
| 18 | | original or a copy of the original
made by the use of other |
| 19 | | method or material used for making simultaneous
true copies or |
| 20 | | duplications.
|
| 21 | | The registration record card shall contain the following |
| 22 | | and such
other information as the Board of Election |
| 23 | | Commissioners may think it
proper to require for the |
| 24 | | identification of the applicant for
registration:
|
| 25 | | Name. The name of the applicant, giving surname and first |
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| 1 | | or
Christian name in full, and the middle name or the initial |
| 2 | | for such
middle name, if any.
|
| 3 | | Sex.
|
| 4 | | Residence. The name and number of the street, avenue, or |
| 5 | | other
location of the dwelling, including the apartment, unit |
| 6 | | or room number,
if any, and in the case of a mobile home the lot |
| 7 | | number, and such additional
clear and definite description as |
| 8 | | may be necessary to determine the exact
location of the |
| 9 | | dwelling of the applicant, including post-office mailing
|
| 10 | | address. In the case of a homeless individual, the individual's |
| 11 | | voting
residence that is his or her mailing address shall be |
| 12 | | included on his or her
registration record card.
|
| 13 | | Term of residence in the State of Illinois and the |
| 14 | | precinct.
|
| 15 | | Nativity. The state or country in which the applicant was |
| 16 | | born.
|
| 17 | | Citizenship. Whether the applicant is native born or |
| 18 | | naturalized. If
naturalized, the court, place, and date of |
| 19 | | naturalization.
|
| 20 | | Date of application for registration, i.e., the day, month |
| 21 | | and year
when the applicant presented himself for registration.
|
| 22 | | Age. Date of birth, by month, day and year.
|
| 23 | | Physical disability of the applicant, if any, at the time |
| 24 | | of
registration, which would require assistance in voting.
|
| 25 | | The county and state in which the applicant was last |
| 26 | | registered.
|
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| 1 | | Electronic mail address, if any. |
| 2 | | Signature of voter. The applicant, after registration and |
| 3 | | in the
presence of a deputy registrar or other officer of |
| 4 | | registration shall be
required to sign his or her name in ink |
| 5 | | or digitized form to the affidavit on both the
original and the |
| 6 | | duplicate registration record card.
|
| 7 | | Signature of deputy registrar.
|
| 8 | | In case applicant is unable to sign his name, he may affix |
| 9 | | his mark
to the affidavit. In such case the registration |
| 10 | | officer shall write a
detailed description of the applicant in |
| 11 | | the space provided at the
bottom of the card or sheet; and |
| 12 | | shall ask the following questions and
record the answers |
| 13 | | thereto:
|
| 14 | | Father's first name .........................
|
| 15 | | Mother's first name .........................
|
| 16 | | From what address did you last register? ....
|
| 17 | | Reason for inability to sign name ...........
|
| 18 | | Each applicant for registration shall make an affidavit in
|
| 19 | | substantially the following form:
|
| 20 | | AFFIDAVIT OF REGISTRATION
|
| 21 | | State of Illinois )
|
| 22 | | )ss
|
| 23 | | County of ....... )
|
| 24 | | I hereby swear (or affirm) that I am a citizen of the |
| 25 | | United States,
that on the day of the next election I shall |
| 26 | | have resided in the State
of Illinois and in the election |
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| 1 | | precinct 30 days and that I intend that
this location is my |
| 2 | | residence; that I am fully qualified to
vote, and that the |
| 3 | | above statements are true.
|
| 4 | | ..............................
|
| 5 | | (His or her signature or mark)
|
| 6 | | Subscribed and sworn to before me on (insert date).
|
| 7 | | ......................................
|
| 8 | | Signature of registration officer
|
| 9 | | (to be signed in presence of registrant).
|
| 10 | | Space shall be provided upon the face of each registration |
| 11 | | record
card for the notation of the voting record of the person |
| 12 | | registered
thereon.
|
| 13 | | Each registration record card shall be numbered according |
| 14 | | to wards or
precincts, as the case may be, and may be serially |
| 15 | | or otherwise marked
for identification in such manner as the |
| 16 | | Board of Election Commissioners
may determine.
|
| 17 | | The registration cards shall be deemed public records and |
| 18 | | shall be
open to inspection during regular business hours, |
| 19 | | except during the 27
days immediately preceding any election. |
| 20 | | On written request of any
candidate or objector or any person |
| 21 | | intending to object to a petition, the
election authority shall |
| 22 | | extend its hours for inspection of registration
cards and other |
| 23 | | records of the election authority during the period
beginning |
| 24 | | with the filing of petitions under Sections 7-10, 8-8, 10-6 or
|
| 25 | | 28-3 and continuing through the termination of electoral board |
| 26 | | hearings on
any objections to petitions containing signatures |
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| 1 | | of registered voters in
the jurisdiction of the election |
| 2 | | authority. The extension shall be for a
period of hours |
| 3 | | sufficient to allow adequate opportunity for examination of
the |
| 4 | | records but the election authority is not required to extend |
| 5 | | its hours
beyond the period beginning at its normal opening for |
| 6 | | business and ending
at midnight. If the business hours are so |
| 7 | | extended, the election authority
shall post a public notice of |
| 8 | | such extended hours. Registration record cards
may also be |
| 9 | | inspected, upon approval of the officer in charge of the cards,
|
| 10 | | during the 27 days immediately preceding any election. |
| 11 | | Registration
record
cards shall also be open to inspection by |
| 12 | | certified judges and poll watchers
and challengers at the |
| 13 | | polling place on election day, but only to the extent
necessary |
| 14 | | to determine the question of the right of a person to vote or |
| 15 | | to
serve as a judge of election. At no time shall poll watchers |
| 16 | | or challengers be
allowed to physically handle the registration |
| 17 | | record cards.
|
| 18 | | Updated copies of computer tapes or computer discs or other |
| 19 | | electronic data
processing information containing voter |
| 20 | | registration information shall
be furnished by the Board of |
| 21 | | Election Commissioners within 10 days after
December 15 and May |
| 22 | | 15 each year and within 10
days after each registration period |
| 23 | | is closed to the State Board
of Elections in a
form prescribed |
| 24 | | by the State Board. For the purposes of this Section, a
|
| 25 | | registration period is closed 27 days before the date of any |
| 26 | | regular
or special
election. Registration information shall
|
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| | 10000SB0224sam001 | - 24 - | LRB100 04906 MLM 21785 a |
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| 1 | | include, but not be limited to, the following information: |
| 2 | | name, sex,
residence, telephone number, if any, age, party |
| 3 | | affiliation, if
applicable, precinct, ward, township, county, |
| 4 | | and representative,
legislative and congressional districts. |
| 5 | | In the event of noncompliance,
the State Board of Elections is |
| 6 | | directed to obtain compliance forthwith
with this |
| 7 | | nondiscretionary duty of the election authority by instituting
|
| 8 | | legal proceedings in the circuit court of the county in which |
| 9 | | the election
authority maintains the registration information. |
| 10 | | The costs of furnishing
updated copies of tapes or discs shall |
| 11 | | be paid at a rate of $.00034
per name of registered voters in |
| 12 | | the election jurisdiction, but not less
than $50 per tape or |
| 13 | | disc and shall be paid from appropriations made to the
State |
| 14 | | Board of Elections for reimbursement to the election authority |
| 15 | | for
such purpose. The State Board shall furnish copies of such |
| 16 | | tapes, discs,
other electronic data or compilations thereof to |
| 17 | | state political committees
registered pursuant to the Illinois |
| 18 | | Campaign Finance Act or the Federal
Election Campaign Act, |
| 19 | | Illinois-licensed attorneys employed by public interest |
| 20 | | organizations that have received an exemption under Section |
| 21 | | 501(c) of the Internal Revenue Code, and to governmental |
| 22 | | entities, at their request and at a reasonable cost.
To protect |
| 23 | | the privacy and confidentiality of voter registration |
| 24 | | information,
the disclosure
of electronic voter registration |
| 25 | | records to any person or entity other than to a
State or local |
| 26 | | political
committee, an Illinois-licensed attorney employed by |
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| | 10000SB0224sam001 | - 25 - | LRB100 04906 MLM 21785 a |
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| 1 | | a public interest organization that has received an exemption |
| 2 | | under Section 501(c) of the Internal Revenue Code, and other |
| 3 | | than to a governmental entity for a governmental
purpose is |
| 4 | | specifically prohibited except as follows: subject to security |
| 5 | | measures adopted by the State Board of Elections which, at a |
| 6 | | minimum, shall include the keeping of a catalog or database, |
| 7 | | available for public view, including the name, address, and |
| 8 | | telephone number of the person viewing the list as well as the |
| 9 | | time of that viewing, any person may view the centralized |
| 10 | | statewide voter registration list on a computer screen at the |
| 11 | | Springfield office of the State Board of Elections, during |
| 12 | | normal business hours other than during the 27 days before an |
| 13 | | election, but the person viewing the list under this exception |
| 14 | | may not print, duplicate, transmit, or alter the list.
Copies |
| 15 | | of the
tapes, discs or other electronic data shall be furnished |
| 16 | | by the Board of
Election Commissioners to local political |
| 17 | | committees, Illinois-licensed attorneys employed by public |
| 18 | | interest organizations that have received an exemption under |
| 19 | | Section 501(c) of the Internal Revenue Code, and governmental |
| 20 | | entities at their request and at a
reasonable cost. Reasonable |
| 21 | | cost of the tapes, discs, et cetera for
this purpose would be |
| 22 | | the cost of duplication plus 15% for
administration. The |
| 23 | | individual representing a political committee
requesting |
| 24 | | copies of such tapes shall make a sworn affidavit that the
|
| 25 | | information shall be used only for bona fide political |
| 26 | | purposes,
including by or for candidates for office or |
|
| | 10000SB0224sam001 | - 26 - | LRB100 04906 MLM 21785 a |
|
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| 1 | | incumbent office holders. The Illinois-licensed attorney |
| 2 | | representing a public interest organization that has received |
| 3 | | an exemption under Section 501(c) of the Internal Revenue Code |
| 4 | | requesting copies of such tapes shall make a sworn affidavit |
| 5 | | that the information shall be used only for bona fide legal |
| 6 | | purposes, including the protection of voting rights.
Such |
| 7 | | tapes, discs or other electronic data shall not be used under |
| 8 | | any
circumstances by any political committee or individuals for |
| 9 | | purposes of
commercial solicitation or other business |
| 10 | | purposes. If such tapes
contain information on county residents |
| 11 | | related to the operations of
county government in addition to |
| 12 | | registration information, that
information shall not be used |
| 13 | | under any circumstances for commercial
solicitation or other |
| 14 | | business purposes. The prohibition in this
Section against |
| 15 | | using the computer tapes or computer discs or other
electronic |
| 16 | | data processing information containing voter registration
|
| 17 | | information for purposes of commercial solicitation or other |
| 18 | | business
purposes shall be prospective only from the effective |
| 19 | | date of this
amended Act of 1979. Any person who violates this |
| 20 | | provision shall be
guilty of a Class 4 felony.
|
| 21 | | The State Board of Elections shall promulgate, by October |
| 22 | | 1, 1987, such
regulations as may be necessary to ensure |
| 23 | | uniformity throughout the State
in electronic data processing |
| 24 | | of voter registration information. The
regulations shall |
| 25 | | include, but need not be limited to, specifications for
uniform |
| 26 | | medium, communications protocol and file structure to be |
|
| | 10000SB0224sam001 | - 27 - | LRB100 04906 MLM 21785 a |
|
|
| 1 | | employed
by the election authorities of this State in the |
| 2 | | electronic data processing
of voter registration information. |
| 3 | | Each election authority utilizing
electronic data processing |
| 4 | | of voter registration information shall comply
with such |
| 5 | | regulations on and after May 15, 1988.
|
| 6 | | If the applicant for registration was last registered in |
| 7 | | another
county within this State, he shall also sign a |
| 8 | | certificate authorizing
cancellation of the former |
| 9 | | registration. The certificate shall be in
substantially the |
| 10 | | following form:
|
| 11 | | To the County Clerk of .... County, Illinois.
|
| 12 | | To the Election Commission of the City of ...., Illinois.
|
| 13 | | This is to certify that I am registered in your (county) |
| 14 | | (city) and
that my residence was ..... Having moved out of your |
| 15 | | (county), (city), I
hereby authorize you to cancel that |
| 16 | | registration in your office.
|
| 17 | | Dated at ...., Illinois, on (insert date).
|
| 18 | | ....................
|
| 19 | | (Signature of Voter)
|
| 20 | | Attest ...., Clerk, Election Commission of the City of....,
|
| 21 | | Illinois.
|
| 22 | | The cancellation certificate shall be mailed immediately |
| 23 | | by the clerk
of the Election Commission to the county clerk, |
| 24 | | (or Election Commission
as the case may be) where the applicant |
| 25 | | was formerly registered. Receipt
of such certificate shall be |
| 26 | | full authority for cancellation of any
previous registration.
|