103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0039

 

Introduced 1/12/2023, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/24-1.1  from Ch. 46, par. 24-1.1
10 ILCS 5/24A-3  from Ch. 46, par. 24A-3
10 ILCS 5/24B-3
10 ILCS 5/3-5 rep.
730 ILCS 5/5-5-5  from Ch. 38, par. 1005-5-5

    Amends the Election Code. Repeals provisions that prohibit a person that is serving a sentence of confinement in any penal institution from voting until his or her release from confinement. Further amends the Election Code and amends the Unified Code of Corrections making conforming changes. Effective January 1, 2024.


LRB103 03515 AWJ 48521 b

 

 

A BILL FOR

 

HB0039LRB103 03515 AWJ 48521 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 by changing
5Sections 24-1.1, 24A-3, and 24B-3 as follows:
 
6    (10 ILCS 5/24-1.1)  (from Ch. 46, par. 24-1.1)
7    Sec. 24-1.1. The county board of each county having a
8population of 35,000 or more, with respect to all elections
9for which the county board or the county clerk is charged with
10the duty of providing materials and supplies, and each board
11of election commissioners in a municipality having a
12population of 35,000 or more with respect to elections under
13its jurisdiction, must provide either voting machines in
14accordance with this Article or electronic voting systems in
15accordance with Article 24A for each precinct for all such
16elections except as provided in Section 24-1.2 except in
17elections held pursuant to the provisions of Section 12 of
18Article VI of the Constitution relating to retention of judges
19in office, in which event, the special ballot containing the
20propositions on the retention of judges may be placed on the
21voting machines or devices. For purposes of this Section
2224-1.1, the term "population" does not include persons
23prohibited from voting by Section 3-5 of this Act.

 

 

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1    Before voting machines or electronic voting systems are
2introduced, adopted or used in any precinct or territory at
3least 2 months public notice must be given before the date of
4the first election wherein such machines are to be used. The
5election authority shall publish the notice at least once in
6one or more newspapers published within its jurisdiction in
7which the election is held. If there is no such newspaper, the
8notice shall be published in a newspaper published in the
9county and having a general circulation within such political
10subdivision of this State. The notice shall be substantially
11as follows:
12    Notice is hereby given that on (give date), at (give place
13where election is held) in the county of .... an election will
14be held for (give name of office to be filled) at which voting
15machines will be used.
16    Dated at .... on (insert date).
 
17    The notice referred to herein shall be given only at the
18first election at which such voting machines or electronic
19voting systems are used.
20(Source: P.A. 91-357, eff. 7-29-99.)
 
21    (10 ILCS 5/24A-3)  (from Ch. 46, par. 24A-3)
22    Sec. 24A-3. Except as otherwise provided in this Section,
23any county board, board of county commissioners and any board
24of election commissioners, with respect to territory within

 

 

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1its jurisdiction, may adopt, experiment with, or abandon a
2voting system approved for use by the State Board of Elections
3and may use such voting system in all or some of the precincts
4within its jurisdiction, or in combination with paper ballots
5or voting machines. Any such county board, board of county
6commissioners or board of election commissioners may contract
7for the tabulation of votes at a location outside its
8territorial jurisdiction when there is no suitable tabulating
9equipment available within its territorial jurisdiction. In no
10case may a county board, board of county commissioners or
11board of election commissioners contract or arrange for the
12purchase, lease or loan of an electronic voting system or
13voting system component without the approval of the State
14Board of Elections as provided by Section 24A-16. However, the
15county board and board of county commissioners of each county
16having a population of 40,000 or more, with respect to all
17elections for which the county board or the county clerk is
18charged with the duty of providing materials and supplies, and
19each board of election commissioners in a municipality having
20a population of 40,000 or more, with respect to elections
21under its jurisdiction, must provide either voting systems
22approved for use by the State Board of Elections under this
23Article or voting machines under Article 24 for each precinct
24for all such elections except as provided in Section 24-1.2.
25For purposes of this Section 24A-3, the term "population" does
26not include persons prohibited from voting by Section 3-5 of

 

 

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1this Act.
2    Before any such system is introduced, adopted or used in
3any precinct or territory at least 2 months public notice must
4be given before the date of the first election wherein such
5voting system is to be used. The election authority shall
6publish the notice at least once in one or more newspapers
7published within the county, or other jurisdiction, as the
8case may be, in which the election is held. If there is no such
9newspaper, the notice shall be published in a newspaper
10published in the county and having a general circulation
11within such jurisdiction. The notice shall be substantially as
12follows:
13    Notice is hereby given that on (give date), at (give place
14where election is held) in the county of ...., an election will
15be held for (give name of offices to be filled) at which an
16electronic voting system will be used.
17    Dated at .... on (insert date).
 
18    The notice referred to herein shall be given only at the
19first election at which such voting machines or voting systems
20are used.
21(Source: P.A. 91-357, eff. 7-29-99.)
 
22    (10 ILCS 5/24B-3)
23    Sec. 24B-3. Adoption, experimentation or abandonment of
24Precinct Tabulation Optical Scan Technology system; Boundaries

 

 

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1of precincts; Notice. Except as otherwise provided in this
2Section, any county board, board of county commissioners and
3any board of election commissioners, with respect to territory
4within its jurisdiction, may adopt, experiment with, or
5abandon a Precinct Tabulation Optical Scan Technology voting
6system approved for use by the State Board of Elections and may
7use the Precinct Tabulation Optical Scan Technology voting
8system in all or some of the precincts within its
9jurisdiction, or in combination with paper ballots or voting
10machines. Any county board, board of county commissioners or
11board of election commissioners may contract for the
12tabulation of votes at a location outside its territorial
13jurisdiction when there is no suitable tabulating equipment
14available within its territorial jurisdiction. In no case may
15a county board, board of county commissioners or board of
16election commissioners contract or arrange for the purchase,
17lease or loan of an electronic Precinct Tabulation Optical
18Scan Technology voting system or Precinct Tabulation Optical
19Scan Technology voting system component without the approval
20of the State Board of Elections as provided by Section 24B-16.
21However, the county board and board of county commissioners of
22each county having a population of 40,000 or more, with
23respect to all elections for which the county board or the
24county clerk is charged with the duty of providing materials
25and supplies, and each board of election commissioners in a
26municipality having a population of 40,000 or more, with

 

 

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1respect to elections under its jurisdiction, must provide
2either Precinct Tabulation Optical Scan Technology voting
3systems approved for use by the State Board of Elections under
4this Article or voting systems under Article 24A or Article 24
5for each precinct for all such elections except as provided in
6Section 24-1.2. For purposes of this Section 24B-3, the term
7"population" does not include persons prohibited from voting
8by Section 3-5 of this Code.
9    Before any such Precinct Tabulation Optical Scan
10Technology system is introduced, adopted or used in any
11precinct or territory at least 2 months public notice must be
12given before the date of the first election where the Precinct
13Tabulation Optical Scan Technology voting system is to be
14used. The election authority shall publish the notice at least
15once in one or more newspapers published within the county, or
16other jurisdiction, where the election is held. If there is no
17such newspaper, the notice shall be published in a newspaper
18published in the county and having a general circulation
19within such jurisdiction. The notice shall be substantially as
20follows:
21    Notice is hereby given that on (give date), at (give place
22where election is held) in the county of ...., an election will
23be held for (give name of offices to be filled) at which a
24Precinct Tabulation Optical Scan Technology electronic voting
25system will be used.
26    Dated at.... on (insert date).

 

 

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1    This notice referred to shall be given only at the first
2election at which the Precinct Tabulation Optical Scan
3Technology voting machines or Precinct Tabulation Optical Scan
4Technology voting systems are used.
5(Source: P.A. 91-357, eff. 7-29-99.)
 
6    (10 ILCS 5/3-5 rep.)
7    Section 10. The Election Code is amended by repealing
8Section 3-5.
 
9    Section 15. The Unified Code of Corrections is amended by
10changing Section 5-5-5 as follows:
 
11    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
12    Sec. 5-5-5. Loss and restoration of rights.
13    (a) Conviction and disposition shall not entail the loss
14by the defendant of any civil rights, except under this
15Section and Sections 29-6 and 29-10 of The Election Code, as
16now or hereafter amended.
17    (b) A person convicted of a felony shall be ineligible to
18hold an office created by the Constitution of this State until
19the completion of his sentence.
20    (c) (Blank). A person sentenced to imprisonment shall lose
21his right to vote until released from imprisonment.
22    (d) On completion of sentence of imprisonment or upon
23discharge from probation, conditional discharge or periodic

 

 

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1imprisonment, or at any time thereafter, all license rights
2and privileges granted under the authority of this State which
3have been revoked or suspended because of conviction of an
4offense shall be restored unless the authority having
5jurisdiction of such license rights finds after investigation
6and hearing that restoration is not in the public interest.
7This paragraph (d) shall not apply to the suspension or
8revocation of a license to operate a motor vehicle under the
9Illinois Vehicle Code.
10    (e) Upon a person's discharge from incarceration or
11parole, or upon a person's discharge from probation or at any
12time thereafter, the committing court may enter an order
13certifying that the sentence has been satisfactorily completed
14when the court believes it would assist in the rehabilitation
15of the person and be consistent with the public welfare. Such
16order may be entered upon the motion of the defendant or the
17State or upon the court's own motion.
18    (f) Upon entry of the order, the court shall issue to the
19person in whose favor the order has been entered a certificate
20stating that his behavior after conviction has warranted the
21issuance of the order.
22    (g) This Section shall not affect the right of a defendant
23to collaterally attack his conviction or to rely on it in bar
24of subsequent proceedings for the same offense.
25    (h) No application for any license specified in subsection
26(i) of this Section granted under the authority of this State

 

 

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1shall be denied by reason of an eligible offender who has
2obtained a certificate of relief from disabilities, as defined
3in Article 5.5 of this Chapter, having been previously
4convicted of one or more criminal offenses, or by reason of a
5finding of lack of "good moral character" when the finding is
6based upon the fact that the applicant has previously been
7convicted of one or more criminal offenses, unless:
8        (1) there is a direct relationship between one or more
9    of the previous criminal offenses and the specific license
10    sought; or
11        (2) the issuance of the license would involve an
12    unreasonable risk to property or to the safety or welfare
13    of specific individuals or the general public.
14    In making such a determination, the licensing agency shall
15consider the following factors:
16        (1) the public policy of this State, as expressed in
17    Article 5.5 of this Chapter, to encourage the licensure
18    and employment of persons previously convicted of one or
19    more criminal offenses;
20        (2) the specific duties and responsibilities
21    necessarily related to the license being sought;
22        (3) the bearing, if any, the criminal offenses or
23    offenses for which the person was previously convicted
24    will have on his or her fitness or ability to perform one
25    or more such duties and responsibilities;
26        (4) the time which has elapsed since the occurrence of

 

 

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1    the criminal offense or offenses;
2        (5) the age of the person at the time of occurrence of
3    the criminal offense or offenses;
4        (6) the seriousness of the offense or offenses;
5        (7) any information produced by the person or produced
6    on his or her behalf in regard to his or her rehabilitation
7    and good conduct, including a certificate of relief from
8    disabilities issued to the applicant, which certificate
9    shall create a presumption of rehabilitation in regard to
10    the offense or offenses specified in the certificate; and
11        (8) the legitimate interest of the licensing agency in
12    protecting property, and the safety and welfare of
13    specific individuals or the general public.
14    (i) A certificate of relief from disabilities shall be
15issued only for a license or certification issued under the
16following Acts:
17        (1) the Animal Welfare Act; except that a certificate
18    of relief from disabilities may not be granted to provide
19    for the issuance or restoration of a license under the
20    Animal Welfare Act for any person convicted of violating
21    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
22    Care for Animals Act or Section 26-5 or 48-1 of the
23    Criminal Code of 1961 or the Criminal Code of 2012;
24        (2) the Illinois Athletic Trainers Practice Act;
25        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
26    and Nail Technology Act of 1985;

 

 

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1        (4) the Boiler and Pressure Vessel Repairer Regulation
2    Act;
3        (5) the Boxing and Full-contact Martial Arts Act;
4        (6) the Illinois Certified Shorthand Reporters Act of
5    1984;
6        (7) the Illinois Farm Labor Contractor Certification
7    Act;
8        (8) the Registered Interior Designers Act;
9        (9) the Illinois Professional Land Surveyor Act of
10    1989;
11        (10) the Landscape Architecture Registration Act;
12        (11) the Marriage and Family Therapy Licensing Act;
13        (12) the Private Employment Agency Act;
14        (13) the Professional Counselor and Clinical
15    Professional Counselor Licensing and Practice Act;
16        (14) the Real Estate License Act of 2000;
17        (15) the Illinois Roofing Industry Licensing Act;
18        (16) the Professional Engineering Practice Act of
19    1989;
20        (17) the Water Well and Pump Installation Contractor's
21    License Act;
22        (18) the Electrologist Licensing Act;
23        (19) the Auction License Act;
24        (20) the Illinois Architecture Practice Act of 1989;
25        (21) the Dietitian Nutritionist Practice Act;
26        (22) the Environmental Health Practitioner Licensing

 

 

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1    Act;
2        (23) the Funeral Directors and Embalmers Licensing
3    Code;
4        (24) (blank);
5        (25) the Professional Geologist Licensing Act;
6        (26) the Illinois Public Accounting Act; and
7        (27) the Structural Engineering Practice Act of 1989.
8(Source: P.A. 102-284, eff. 8-6-21.)
 
9    Section 99. Effective date. This Act takes effect January
101, 2024.