Illinois General Assembly - Full Text of Public Act 094-0492
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Public Act 094-0492


 

Public Act 0492 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0492
 
HB0715 Enrolled LRB094 05479 JAM 35526 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing Section
1A-16 and by adding Section 1A-30 as follows:
 
    (10 ILCS 5/1A-16)
    Sec. 1A-16. Voter registration information; internet
posting; processing of voter registration forms; content of
such forms. Notwithstanding any law to the contrary, the
following provisions shall apply to voter registration under
this Code.
    (a) Voter registration information; Internet posting of
voter registration form. Within 90 days after the effective
date of this amendatory Act of the 93rd General Assembly, the
State Board of Elections shall post on its World Wide Web site
the following information:
        (1) A comprehensive list of the names, addresses, phone
    numbers, and websites, if applicable, of all county clerks
    and boards of election commissioners in Illinois.
        (2) A schedule of upcoming elections and the deadline
    for voter registration.
        (3) A downloadable, printable voter registration form,
    in at least English and in Spanish versions, that a person
    may complete and mail or submit to the State Board of
    Elections or the appropriate county clerk or board of
    election commissioners.
Any forms described under paragraph (3) must state the
following:
        If you do not have a driver's license or social
    security number, and this form is submitted by mail, and
    you have never registered to vote in the jurisdiction you
    are now registering in, then you must send, with this
    application, either (i) a copy of a current and valid photo
    identification, or (ii) a copy of a current utility bill,
    bank statement, government check, paycheck, or other
    government document that shows the name and address of the
    voter. If you do not provide the information required
    above, then you will be required to provide election
    officials with either (i) or (ii) described above the first
    time you vote at a voting place or by absentee ballot.
    (b) Acceptance of registration forms by the State Board of
Elections and county clerks and board of election
commissioners. The State Board of Elections, county clerks, and
board of election commissioners shall accept all completed
voter registration forms described in subsection (a)(3) of this
Section and Section 1A-30 that are:
        (1) postmarked on or before the day that voter
    registration is closed under the Election Code;
        (2) not postmarked, but arrives no later than 5 days
    after the close of registration;
        (3) submitted in person by a person using the form on
    or before the day that voter registration is closed under
    the Election Code; or
        (4) submitted in person by a person who submits one or
    more forms on behalf of one or more persons who used the
    form on or before the day that voter registration is closed
    under the Election Code.
    Upon the receipt of a registration form, the State Board of
Elections shall mark the date on which the form was received
and send the form via first class mail to the appropriate
county clerk or board of election commissioners, as the case
may be, within 2 business days based upon the home address of
the person submitting the registration form. The county clerk
and board of election commissioners shall accept and process
any form received from the State Board of Elections.
    (c) Processing of registration forms by county clerks and
boards of election commissioners. The county clerk or board of
election commissioners shall promulgate procedures for
processing the voter registration form.
    (d) Contents of the voter registration form. The State
Board shall create a voter registration form, which must
contain the following content:
        (1) Instructions for completing the form.
        (2) A summary of the qualifications to register to vote
    in Illinois.
        (3) Instructions for mailing in or submitting the form
    in person.
        (4) The phone number for the State Board of Elections
    should a person submitting the form have questions.
        (5) A box for the person to check that explains one of
    3 reasons for submitting the form:
            (a) new registration;
            (b) change of address; or
            (c) change of name.
        (6) a box for the person to check yes or no that asks,
    "Are you a citizen of the United States?", a box for the
    person to check yes or no that asks, "Will you be 18 years
    of age on or before election day?", and a statement of "If
    you checked 'no' in response to either of these questions,
    then do not complete this form.".
        (7) A space for the person to fill in his or her home
    telephone number.
        (8) Spaces for the person to fill in his or her first,
    middle, and last names, street address (principal place of
    residence), county, city, state, and zip code.
        (9) Spaces for the person to fill in his or her mailing
    address, city, state, and zip code if different from his or
    her principal place of residence.
        (10) A space for the person to fill in his or her
    Illinois driver's license number if the person has a
    driver's license.
        (11) A space for a person without a driver's license to
    fill in the last four digits of his or her social security
    number if the person has a social security number.
        (12) A space for a person without an Illinois driver's
    license to fill in his or her identification number from
    his or her State Identification card issued by the
    Secretary of State.
        (13) A space for the person to fill the name appearing
    on his or her last voter registration, the street address
    of his or her last registration, including the city,
    county, state, and zip code.
        (14) A space where the person swears or affirms the
    following under penalty of perjury with his or her
    signature:
            (a) "I am a citizen of the United States.";
            (b) "I will be at least 18 years old on or before
        the next election.";
            (c) "I will have lived in the State of Illinois and
        in my election precinct at least 30 days as of the date
        of the next election."; and
            "The information I have provided is true to the
        best of my knowledge under penalty of perjury. If I
        have provided false information, then than I may be
        fined, imprisoned, or if I am not a U.S. citizen,
        deported from or refused entry into the United States."
    (d) Compliance with federal law; rulemaking authority. The
voter registration form described in this Section shall be
consistent with the form prescribed by the Federal Election
Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America
Vote Act of 2002, P.L. 107-252, in all relevant respects. The
State Board of Elections shall periodically update the form
based on changes to federal or State law. The State Board of
Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules comport
with the letter and spirit of the National Voter Registration
Act of 1993 and Help America Vote Act of 2002 and maximize the
opportunity for a person to register to vote.
    (e) Forms available in paper form. The State Board of
Elections shall make the voter registration form available in
regular paper stock and form in sufficient quantities for the
general public. The State Board of Elections may provide the
voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies
of the State of Illinois, and any other person or entity
designated to have these forms by the Election Code in regular
paper stock and form or some other format deemed suitable by
the Board. Each county clerk or board of election commissioners
has the authority to design and print its own voter
registration form so long as the form complies with the
requirements of this Section. The State Board of Elections,
county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have
these forms under the Election Code shall provide a member of
the public with any reasonable number of forms that he or she
may request. Nothing in this Section shall permit the State
Board of Elections, county clerk, board of election
commissioners, or other appropriate election official who may
accept a voter registration form to refuse to accept a voter
registration form because the form is printed on photocopier or
regular paper stock and form.
    (f) Internet voter registration study. The State Board of
Elections shall investigate the feasibility of offering voter
registration on its website and consider voter registration
methods of other states in an effort to maximize the
opportunity for all Illinois citizens to register to vote. The
State Board of Elections shall assemble its findings in a
report and submit it to the General Assembly no later than
January 1, 2006. The report shall contain legislative
recommendations to the General Assembly on improving voter
registration in Illinois.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    (10 ILCS 5/1A-30 new)
    Sec. 1A-30. College voter outreach. Each public
institution of higher learning in Illinois must make available
on its World Wide Web site a downloadable, printable voter
registration form that complies with the requirements in
subsection (d) of Section 1A-16 for the State Board of
Elections' voter registration form.
    Each public institution of higher learning in Illinois must
include voter registration information and a voter
registration form supplied by the State Board of Elections
under subsection (e) of Section 1A-16 in any mailing of student
registration materials to an address located in Illinois. Each
public institution of higher learning must provide voter
registration information and a voter registration form
supplied by the State Board of Elections under subsection (e)
of Section 1A-16 to each person with whom the institution
conducts in-person student registration.

Effective Date: 1/1/2006