102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4310

 

Introduced 1/5/2022, by Rep. Charles Meier - David Friess

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-16.8
10 ILCS 5/4-14.2 new
10 ILCS 5/4-30  from Ch. 46, par. 4-30
10 ILCS 5/5-9.2 new
10 ILCS 5/5-25  from Ch. 46, par. 5-25
10 ILCS 5/6-55.1 new
10 ILCS 5/6-59  from Ch. 46, par. 6-59
705 ILCS 310/9.3 new

    Amends the Jury Commission Act. Provides that the clerk of the circuit court shall notify the jury administrator or jury commissioners of each jury summons that is returned indicating a change of address. Provides that, not less often than every 3 months, the jury administrator or jury commissioners shall send the local election authority a list of each such change of address. Amends the Election Code. Contains provisions concerning the cancellation of voter registration if the county clerk is of the opinion that the person is not a qualified voter or has ceased to be a qualified voter. In provisions requiring election authorities to automatically register a voter who has moved to a new jurisdiction in Illinois or within the jurisdiction, requires the election authority to act within 90 days of receipt of information from the National Change of Address database. Requires county clerks and the Board of Election Commissioners to complete verifications of voter registrations after a consolidated election in an odd-numbered year but before the first day of candidate circulation for candidate filing for the following primary election in an even-numbered year (rather than at least once in every 2 years). Requires the county clerks and the Board of Election Commissioners to certify to the State Board of Elections that the verification has been conducted and completed within 30 days of completion of the verification.


LRB102 21829 HLH 30949 b

 

 

A BILL FOR

 

HB4310LRB102 21829 HLH 30949 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 1A-16.8, 4-30, 5-25, and 6-59 and by adding Sections
64-14.2, 5-9.2, and 6-55.1 as follows:
 
7    (10 ILCS 5/1A-16.8)
8    Sec. 1A-16.8. Automatic transfer of registration based
9upon information from the National Change of Address database
10and designated automatic voter registration agencies.
11    (a) The State Board of Elections shall cross-reference the
12statewide voter registration database against the United
13States Postal Service's National Change of Address database
14twice each calendar year, April 15 and October 1 in
15odd-numbered years and April 15 and December 1 in
16even-numbered years or with the same frequency as in
17subsection (b) of this Section, and shall share the findings
18with the election authorities.
19    (b) In addition, beginning no later than September 1,
202017, the State Board of Elections shall utilize data provided
21as part of its membership in the Electronic Registration
22Information Center in order to cross-reference the statewide
23voter registration database against databases of relevant

 

 

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1personal information kept by designated automatic voter
2registration agencies, including, but not limited to, driver's
3license information kept by the Secretary of State, at least 6
4times each calendar year and shall share the findings with
5election authorities.
6    This subsection (b) shall no longer apply once Sections
71A-16.1 and 1A-16.2 of this Code are fully implemented as
8determined by the State Board of Elections. Upon a
9determination by the State Board of Elections of full
10implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
11the State Board of Elections shall file notice of full
12implementation and the inapplicability of this subsection (b)
13with the Index Department of the Office of the Secretary of
14State, the Governor, the General Assembly, and the Legislative
15Reference Bureau.
16    (b-5) The State Board of Elections shall not be required
17to share any data on any voter attained using the National
18Change of Address database under subsection (a) of this
19Section if that voter has a more recent government transaction
20indicated using the cross-reference under subsection (b) of
21this Section. If there is contradictory or unclear data
22between data obtained under subsections (a) and (b) of this
23Section, then data obtained under subsection (b) of this
24Section shall take priority.
25    (c) Within 90 days of receipt of information from the
26National Change of Address database, an An election authority

 

 

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1shall automatically register any voter who has moved into its
2jurisdiction from another jurisdiction in Illinois or has
3moved within its jurisdiction provided that:
4        (1) the election authority whose jurisdiction includes
5    the new registration address provides the voter an
6    opportunity to reject the change in registration address
7    through a mailing, sent by non-forwardable mail, to the
8    new registration address, and
9        (2) when the election authority whose jurisdiction
10    includes the previous registration address is a different
11    election authority, then that election authority provides
12    the same opportunity through a mailing, sent by
13    forwardable mail, to the previous registration address.
14    This change in registration shall trigger the same
15inter-jurisdictional or intra-jurisdictional workflows as if
16the voter completed a new registration card, including the
17cancellation of the voter's previous registration. Should the
18registration of a voter be changed from one address to another
19within the State and should the voter appear at the polls and
20offer to vote from the prior registration address, attesting
21that the prior registration address is the true current
22address, the voter, if confirmed by the election authority as
23having been registered at the prior registration address and
24canceled only by the process authorized by this Section, shall
25be issued a regular ballot, and the change of registration
26address shall be canceled. If the election authority is unable

 

 

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1to immediately confirm the registration, the voter shall be
2permitted to register and vote a regular ballot, provided that
3he or she meets the documentary requirements for same-day
4registration. If the election authority is unable to confirm
5the registration and the voter does not meet the requirements
6for same-day registration, the voter shall be issued a
7provisional ballot.
8    (d) No voter shall be disqualified from voting due to an
9error relating to an update of registration under this
10Section.
11(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
12    (10 ILCS 5/4-14.2 new)
13    Sec. 4-14.2. Review of jury summons. If, upon review of
14the list of returned juror summons under Section 9.3 of the
15Jury Commission Act, the county clerk is of the opinion that
16any person registered is not a qualified voter or has ceased to
17be a qualified voter, he or she shall send a notice through the
18United States mail to such person, requiring him or her to
19appear before the county clerk for a hearing within 5 days
20after the date of mailing the notice and show cause why his or
21her registration shall not be cancelled. If such person fails
22to appear within such time as provided, his or her
23registration shall be cancelled. If such person does appear,
24he or she shall execute an affidavit similar in every respect
25to the affidavit required of applicants under Section 4-8.
 

 

 

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1    (10 ILCS 5/4-30)  (from Ch. 46, par. 4-30)
2    Sec. 4-30. The county clerk on his own initiative or upon
3order of the county board shall at all times have authority to
4conduct investigation and to make canvasses of the registered
5voters in any precinct canvass or at other times and by other
6methods than those so prescribed. However, the county clerk
7shall at least once in every 2 years conduct a verification of
8voter registrations and shall cause the cancellation of
9registration of persons who have ceased to be qualified
10voters. The verification shall be conducted and completed
11after a consolidated election in an odd-numbered year but
12before the first day of candidate circulation for candidate
13filing for the following primary election in an even-numbered
14year. Such verification shall be accomplished by one of the
15following methods: (1) precinct canvass conducted by 2
16qualified persons of opposite party affiliation appointed by
17the county clerk or (2) written request for verification sent
18to each registered voter by first class mail, not forwardable
19or (3) an alternative method of verification submitted in
20writing to and approved by the State Board of Elections at a
21public meeting not less than 60 days prior to the date on which
22the county clerk has fixed for implementation of that method
23of verification; provided, that the county clerk shall certify
24submit to the State Board of Elections that the verification
25has been conducted and completed and include a written

 

 

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1statement of the results obtained by use of such alternative
2method within 30 days of completion of the verification.
3Provided that in each precinct one canvasser may be appointed
4from outside such precinct if not enough other qualified
5persons who reside within the precinct can be found to serve as
6canvasser in such precinct. The one canvasser so appointed to
7serve in any precinct in which he is not entitled to vote prior
8to the election must be entitled to vote elsewhere within the
9ward, township or road district which includes within its
10boundaries the precinct in which such canvasser is appointed
11and such canvasser must be otherwise qualified. If upon the
12basis of investigation or canvasses, the county clerk shall be
13of the opinion that any person registered under this Article
14is not a qualified voter or has ceased to be a qualified voter,
15he shall send a notice through the United States mail to such
16person, requiring him to appear before the county clerk for a
17hearing within ten days after the date of mailing such notice
18and show cause why his registration shall not be cancelled. If
19such person fails to appear within such time as provided, his
20registration shall be cancelled. If such a person does appear,
21he shall make an affidavit similar in every respect to the
22affidavit required of applicants under Section 4-13 and his
23registration shall be reinstated.
24    If the county clerk cancels such registration upon the
25voter failing to appear, the county clerk shall immediately
26request of the clerk of the city, village or incorporated town

 

 

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1in which the person claimed residence, to return the
2triplicate card of registration of the said person and within
3twenty-four hours after receipt of said request, the said
4clerk shall mail or cause to be delivered to the county clerk
5the triplicate card of registration of the said person and the
6said triplicate card shall thereupon be cancelled by the
7county clerk.
8(Source: P.A. 84-1308.)
 
9    (10 ILCS 5/5-9.2 new)
10    Sec. 5-9.2. Review of jury summons. If, upon review of the
11list of returned juror summons under Section 9.3 of the Jury
12Commission Act, the county clerk is of the opinion that any
13person registered is not a qualified voter or has ceased to be
14a qualified voter, he or she shall send a notice through the
15United States mail to such person, requiring him or her to
16appear before the county clerk for a hearing within 5 days
17after the date of mailing the notice and show cause why his or
18her registration shall not be cancelled. If such person fails
19to appear within such time as provided, his or her
20registration shall be cancelled. If such person does appear,
21he or she shall execute an affidavit similar in every respect
22to the affidavit required of applicants under Section 5-7.
 
23    (10 ILCS 5/5-25)  (from Ch. 46, par. 5-25)
24    Sec. 5-25. The county clerk on his own initiative or upon

 

 

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1order of the board of county commissioners shall at all times
2have authority to conduct investigation and to make canvasses
3of the registered voters in any precinct canvass or at other
4times and by other methods than those so prescribed. However,
5the county clerk shall conduct a verification of voter
6registrations at least once in every 2 years, and shall cause
7the cancellation of registration of persons who have ceased to
8be qualified voters. The verification shall be conducted and
9completed after a consolidated election in an odd-numbered
10year but before the first day of candidate circulation for
11candidate filing for the following primary election in an
12even-numbered year. Such verification shall be accomplished by
13one of the following methods: (1) precinct canvass conducted
14by 2 qualified persons of opposite party affiliation appointed
15by the county clerk or (2) written request for verification
16sent to each registered voter by first class mail, not
17forwardable or (3) an alternative method of verification
18submitted in writing to and approved by the State Board of
19Elections at a public meeting not less than 60 days prior to
20the date which the county clerk has fixed for implementation
21of that method of verification; provided, that the county
22clerk shall certify submit to the State Board of Elections
23that the verification has been conducted and completed and
24include a written statement of the results obtained by use of
25such alternative method within 30 days of completion of the
26verification. In each precinct one canvasser may be appointed

 

 

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1from outside such precinct if not enough other qualified
2persons who reside within the precinct can be found to serve as
3canvasser in such precinct. The one canvasser so appointed to
4serve in any precinct in which he is not entitled to vote prior
5to the election must be entitled to vote elsewhere within the
6ward or township which includes within its boundaries the
7precinct in which such canvasser is appointed and such
8canvasser must be otherwise qualified. If upon the basis of
9investigation or canvasses, the county clerk shall be of the
10opinion that any person registered under this Article 5 is not
11a qualified voter or has ceased to be a qualified voter, he
12shall send a notice through the United States mail to such
13person, requiring him to appear before the county clerk for a
14hearing within ten days after the date of mailing such notice
15and show cause why his registration shall not be cancelled. If
16such person fails to appear within such time as provided, his
17registration shall be cancelled. If such a person does appear,
18he shall make an affidavit similar in every respect to the
19affidavit required of applicants under Section 5-16 of this
20Article 5.
21(Source: P.A. 81-1535.)
 
22    (10 ILCS 5/6-55.1 new)
23    Sec. 6-55.1. Review of jury summons. If, upon review of
24the list of returned juror summons under Section 9.3 of the
25Jury Commission Act, the county clerk is of the opinion that

 

 

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1any person registered is not a qualified voter or has ceased to
2be a qualified voter, he or she shall send a notice through the
3United States mail to such person, requiring him or her to
4appear before the county clerk for a hearing within 5 days
5after the date of mailing the notice and show cause why his or
6her registration shall not be cancelled. If such person fails
7to appear within such time as provided, his or her
8registration shall be cancelled. If such person does appear,
9he or she shall execute an affidavit similar in every respect
10to the affidavit required of applicants under Section 6-29.
 
11    (10 ILCS 5/6-59)  (from Ch. 46, par. 6-59)
12    Sec. 6-59. The Board of Election Commissioners on its own
13initiative, or upon order of the circuit court, shall at all
14times have authority to conduct investigations and to make
15canvasses of the registered voters in any precinct or
16precincts within its jurisdiction either by the methods
17provided in this Article or at other times and by other methods
18than those prescribed herein. However, the Board of Election
19Commissioners shall, at least once in every 2 years, conduct a
20verification of voter registrations and shall cause the
21cancellation of registration of persons who have ceased to be
22qualified voters. The verification shall be conducted and
23completed after a consolidated election in an odd-numbered
24year but before the first day of candidate circulation for
25candidate filing for the following primary election in an

 

 

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1even-numbered year. Such verification shall be accomplished by
2one of the following methods: (1) precinct canvass conducted
3by 2 qualified persons of opposite party affiliation appointed
4by the Board of Election Commissioners or (2) written request
5sent to each registered voter by first class mail, not
6forwardable or (3) an alternative method of verification
7submitted in writing to and approved by the The State Board of
8Elections at a public meeting not less than 60 days prior to
9the date on which the Board of Election Commissioners has
10fixed for implementation of that method of verification;
11provided, said Board shall certify submit to the State Board
12of Elections that the verification has been conducted and
13completed and include a written statement of the results
14obtained by use of such alternative method within 30 days of
15the completion of the verification. If, upon the basis of
16investigations or canvasses, the board shall be of the opinion
17that any person registered under this Article is not a
18qualified voter or has ceased to be a qualified voter, it shall
19send a notice through the United States mail to such person,
20requiring him to appear before such board at a time specified
21in such notice, not less than 10 nor more than 30 days after
22the mailing of such notice and show cause why his registration
23should not be cancelled. If such a person does not appear, his
24registration shall be cancelled. If such a person does appear
25he shall make an affidavit and shall be heard in the manner
26provided by Section 6-45 of this Article, and if his

 

 

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1registration is cancelled as a result of such a hearing, he
2shall be entitled to a hearing in the circuit court and to an
3appeal to the Supreme Court in the manner provided by Section
46-52 of this Article.
5    Whenever the Board of Election Commissioners acting under
6authority of this section conducts a canvass of the registered
7voters in any precinct or precincts and the board designates
8canvassers to conduct the canvass, the board shall appoint as
9canvassers persons affiliated with the leading political
10parties in like manner as judges of election are appointed
11under the provisions of Section 14-4 of this Act; provided
12that in each precinct in counties of 500,000 inhabitants or
13more, one canvasser may be appointed from outside such
14precinct if not enough other qualified persons who reside
15within the precinct can be found to serve as canvasser in such
16precinct. The one canvasser so appointed to serve in any
17precinct in which he is not entitled to vote prior to the
18election must be entitled to vote elsewhere within the ward or
19township which includes within its boundaries the precinct in
20which such canvasser is appointed and such canvasser must be
21otherwise qualified.
22    The canvassers, so appointed by virtue of this section,
23shall comply with the provisions of Sections 6-40 and 6-41
24relative to the mailing and leaving of notices at the
25addresses of persons whose right to vote in the precinct or
26precincts is questioned.

 

 

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1(Source: P.A. 81-1433.)
 
2    Section 10. The Jury Commission Act is amended by adding
3Section 9.3 as follows:
 
4    (705 ILCS 310/9.3 new)
5    Sec. 9.3. Notification of change of address. The clerk of
6the circuit court shall notify the jury administrator or jury
7commissioners of each jury summons that is returned indicating
8a change of address. Not less often than every 3 months, the
9jury administrator or jury commissioners shall send the local
10election authority a list of each such change of address.