093_HB3113eng

 
HB3113 Engrossed                     LRB093 02138 JAM 02145 b

 1        AN ACT concerning elections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Sections 4-33, 5-43, and 6-79 as follows:

 6        (10 ILCS 5/4-33)
 7        Sec. 4-33.  Computerization of voter records.
 8        (a)  The   State   Board  of  Elections  shall  design  a
 9    registration record card that, except as  otherwise  provided
10    in  this  Section, shall be used in duplicate by all election
11    authorities in the  State  adopting  a  computer-based  voter
12    registration  file  as  provided  in this Section.  The Board
13    shall prescribe the form and  specifications,  including  but
14    not  limited  to the weight of paper, color, and print of the
15    cards.  The cards shall  contain  boxes  or  spaces  for  the
16    information  required  under  Sections 4-8 and 4-21; provided
17    that the cards shall also contain a  box  or  space  for  the
18    applicant's  social  security number, which shall be required
19    to the extent allowed  by  law  but  in  no  case  shall  the
20    applicant  provide fewer than the last 4 digits of the social
21    security number, and a  box  for  the  applicant's  telephone
22    number, if available.
23        (b)  The  election  authority may develop and implement a
24    system to prepare, use, and maintain a  computer-based  voter
25    registration  file  that  includes a computer-stored image of
26    the  signature  of  each  voter.   The  computer-based  voter
27    registration file may be used for all purposes for which  the
28    original  registration  cards are to be used, provided that a
29    system for the storage of at least one copy of  the  original
30    registration  cards  remains  in  effect. The electronic file
31    shall be the master file.
 
HB3113 Engrossed            -2-      LRB093 02138 JAM 02145 b
 1        (c)  Any  system  created,  used,  and  maintained  under
 2    subsection (b) of  this  Section  shall  meet  the  following
 3    standards:
 4             (1)  Access to any computer-based voter registration
 5        file  shall be limited to those persons authorized by the
 6        election authority, and each access to the computer-based
 7        voter registration file, other than an access solely  for
 8        inquiry, shall be recorded.
 9             (2)  No  copy,  summary, list, abstract, or index of
10        any computer-based voter registration file that  includes
11        any   computer-stored  image  of  the  signature  of  any
12        registered voter shall be made available  to  the  public
13        outside of the offices of the election authority.
14             (3)  Any  copy, summary, list, abstract, or index of
15        any computer-based voter registration file that  includes
16        a  computer-stored image of the signature of a registered
17        voter shall be produced in such a manner that  it  cannot
18        be reproduced.
19             (4)  Each  person  desiring  to  vote  shall sign an
20        application for a ballot, and  the  signature  comparison
21        authorized in Articles 17 and 18 of this Code may be made
22        to  a  copy of the computer-stored image of the signature
23        of the registered voter.
24             (5)  Any voter list produced from  a  computer-based
25        voter  registration  file  that  includes computer-stored
26        images of the signatures of registered voters and is used
27        in a polling place during an election shall be  preserved
28        by the election authority in secure storage until the end
29        of  the  second  calendar  year following the election in
30        which it was used.
31        (d)  Before the first  election  in  which  the  election
32    authority  elects  to  use  a  voter  list  produced from the
33    computer-stored images of the signatures of registered voters
34    in a computer-based voter  registration  file  for  signature
 
HB3113 Engrossed            -3-      LRB093 02138 JAM 02145 b
 1    comparison  in  a polling place, the State Board of Elections
 2    shall certify that the system used by the election  authority
 3    complies  with  the standards set forth in this Section.  The
 4    State Board of Elections  may  request  a  sample  poll  list
 5    intended  to  be used in a polling place to test the accuracy
 6    of the list and the adequacy of the computer-stored images of
 7    the signatures of the registered voters.
 8        (e)  With respect to a jurisdiction that has  copied  all
 9    of  its  voter  signatures into a computer-based registration
10    file, all references in this Act or any other Act to the use,
11    other than storage, of paper-based voter registration records
12    shall be deemed to refer to their computer-based equivalents.
13        (f)  Nothing  in  this  Section  prevents   an   election
14    authority  from  submitting to the State Board of Elections a
15    duplicate copy of some, as the State Board of Elections shall
16    determine, or  all  of  the  data  contained  in  each  voter
17    registration  record  that  is  part of the electronic master
18    file. The duplicate copy of the registration record shall  be
19    maintained  by  the  State  Board of Elections under the same
20    terms and limitations applicable to  the  election  authority
21    and  shall  be  of  equal  legal  dignity  with  the original
22    registration record maintained by the election  authority  as
23    proof of any fact contained in the voter registration record.
24    (Source: P.A. 91-73, eff. 7-9-99.)

25        (10 ILCS 5/5-43)
26        Sec. 5-43.  Computerization of voter records.
27        (a)  The   State   Board  of  Elections  shall  design  a
28    registration record card that, except as  otherwise  provided
29    in  this  Section, shall be used in duplicate by all election
30    authorities in the  State  adopting  a  computer-based  voter
31    registration  file  as  provided  in this Section.  The Board
32    shall prescribe the form and  specifications,  including  but
33    not  limited  to the weight of paper, color, and print of the
 
HB3113 Engrossed            -4-      LRB093 02138 JAM 02145 b
 1    cards.  The cards shall  contain  boxes  or  spaces  for  the
 2    information  required under Sections 5-7 and 5-28.1; provided
 3    that the cards shall also contain a  box  or  space  for  the
 4    applicant's  social  security number, which shall be required
 5    to the extent allowed  by  law  but  in  no  case  shall  the
 6    applicant  provide fewer than the last 4 digits of the social
 7    security number, and a  box  for  the  applicant's  telephone
 8    number, if available.
 9        (b)  The  election  authority may develop and implement a
10    system to prepare, use, and maintain a  computer-based  voter
11    registration  file  that  includes a computer-stored image of
12    the  signature  of  each  voter.   The  computer-based  voter
13    registration file may be used for all purposes for which  the
14    original  registration  cards are to be used, provided that a
15    system for the storage of at least one copy of  the  original
16    registration  cards  remains  in effect.  The electronic file
17    shall be the master file.
18        (c)  Any  system  created,  used,  and  maintained  under
19    subsection (b) of  this  Section  shall  meet  the  following
20    standards:
21             (1)  Access to any computer-based voter registration
22        file  shall be limited to those persons authorized by the
23        election authority, and each access to the computer-based
24        voter registration file, other than an access solely  for
25        inquiry, shall be recorded.
26             (2)  No  copy,  summary, list, abstract, or index of
27        any computer-based voter registration file that  includes
28        any   computer-stored  image  of  the  signature  of  any
29        registered voter shall be made available  to  the  public
30        outside of the offices of the election authority.
31             (3)  Any  copy, summary, list, abstract, or index of
32        any computer-based voter registration file that  includes
33        a  computer-stored image of the signature of a registered
34        voter shall be produced in such a manner that  it  cannot
 
HB3113 Engrossed            -5-      LRB093 02138 JAM 02145 b
 1        be reproduced.
 2             (4)  Each  person  desiring  to  vote  shall sign an
 3        application for a ballot, and  the  signature  comparison
 4        authorized in Articles 17 and 18 of this Code may be made
 5        to  a  copy of the computer-stored image of the signature
 6        of the registered voter.
 7             (5)  Any voter list produced from  a  computer-based
 8        voter  registration  file  that  includes computer-stored
 9        images of the signatures of registered voters and is used
10        in a polling place during an election shall be  preserved
11        by the election authority in secure storage until the end
12        of  the  second  calendar  year following the election in
13        which it was used.
14        (d)  Before the first  election  in  which  the  election
15    authority  elects  to  use  a  voter  list  produced from the
16    computer-stored images of the signatures of registered voters
17    in a computer-based voter  registration  file  for  signature
18    comparison  in  a polling place, the State Board of Elections
19    shall certify that the system used by the election  authority
20    complies  with  the standards set forth in this Section.  The
21    State Board of Elections  may  request  a  sample  poll  list
22    intended  to  be used in a polling place to test the accuracy
23    of the list and the adequacy of the computer-stored images of
24    the signatures of the registered voters.
25        (e)  With respect to a jurisdiction that has  copied  all
26    of  its  voter  signatures into a computer-based registration
27    file, all references in this Act or any other Act to the use,
28    other than storage, of paper-based voter registration records
29    shall be deemed to refer to their computer-based equivalents.
30        (f)  Nothing  in  this  Section  prevents   an   election
31    authority  from  submitting to the State Board of Elections a
32    duplicate copy of some, as the State Board of Elections shall
33    determine, or  all  of  the  data  contained  in  each  voter
34    registration  record  that  is  part of the electronic master
 
HB3113 Engrossed            -6-      LRB093 02138 JAM 02145 b
 1    file. The duplicate copy of the registration record shall  be
 2    maintained  by  the  State  Board of Elections under the same
 3    terms and limitations applicable to  the  election  authority
 4    and  shall  be  of  equal  legal  dignity  with  the original
 5    registration record maintained by the election  authority  as
 6    proof of any fact contained in the voter registration record.
 7    (Source: P.A. 91-73, eff. 7-9-99.)

 8        (10 ILCS 5/6-79)
 9        Sec. 6-79.  Computerization of voter records.
10        (a)  The   State   Board  of  Elections  shall  design  a
11    registration record card that, except as  otherwise  provided
12    in  this  Section, shall be used in duplicate by all election
13    authorities in the  State  adopting  a  computer-based  voter
14    registration  file  as  provided  in this Section.  The Board
15    shall prescribe the form and  specifications,  including  but
16    not  limited  to the weight of paper, color, and print of the
17    cards.  The cards shall  contain  boxes  or  spaces  for  the
18    information required under Sections 6-31.1 and 6-35; provided
19    that  the  cards  shall  also  contain a box or space for the
20    applicant's social security number, which shall  be  required
21    to  the  extent  allowed  by  law  but  in  no case shall the
22    applicant provide fewer than the last 4 digits of the  social
23    security  number,  and  a  box  for the applicant's telephone
24    number, if available.
25        (b)  The election authority may develop and  implement  a
26    system  to  prepare, use, and maintain a computer-based voter
27    registration file that includes a  computer-stored  image  of
28    the  signature  of  each  voter.   The  computer-based  voter
29    registration  file may be used for all purposes for which the
30    original registration cards are to be used, provided  that  a
31    system  for  the storage of at least one copy of the original
32    registration cards remains in  effect.  The  electronic  file
33    shall be the master file.
 
HB3113 Engrossed            -7-      LRB093 02138 JAM 02145 b
 1        (c)  Any  system  created,  used,  and  maintained  under
 2    subsection  (b)  of  this  Section  shall  meet the following
 3    standards:
 4             (1)  Access to any computer-based voter registration
 5        file shall be limited to those persons authorized by  the
 6        election authority, and each access to the computer-based
 7        voter  registration file, other than an access solely for
 8        inquiry, shall be recorded.
 9             (2)  No copy, summary, list, abstract, or  index  of
10        any  computer-based voter registration file that includes
11        any  computer-stored  image  of  the  signature  of   any
12        registered  voter  shall  be made available to the public
13        outside of the offices of the election authority.
14             (3)  Any copy, summary, list, abstract, or index  of
15        any  computer-based voter registration file that includes
16        a computer-stored image of the signature of a  registered
17        voter  shall  be produced in such a manner that it cannot
18        be reproduced.
19             (4)  Each person desiring  to  vote  shall  sign  an
20        application  for  a  ballot, and the signature comparison
21        authorized in Articles 17 and 18 of this Code may be made
22        to a copy of the computer-stored image of  the  signature
23        of the registered voter.
24             (5)  Any  voter  list produced from a computer-based
25        voter registration  file  that  includes  computer-stored
26        images of the signatures of registered voters and is used
27        in  a polling place during an election shall be preserved
28        by the election authority in secure storage until the end
29        of the second calendar year  following  the  election  in
30        which it was used.
31        (d)  Before  the  first  election  in  which the election
32    authority elects to  use  a  voter  list  produced  from  the
33    computer-stored images of the signatures of registered voters
34    in  a  computer-based  voter  registration file for signature
 
HB3113 Engrossed            -8-      LRB093 02138 JAM 02145 b
 1    comparison in a polling place, the State Board  of  Elections
 2    shall  certify that the system used by the election authority
 3    complies with the standards set forth in this  Section.   The
 4    State  Board  of  Elections  may  request  a sample poll list
 5    intended to be used in a polling place to test  the  accuracy
 6    of the list and the adequacy of the computer-stored images of
 7    the signatures of the registered voters.
 8        (e)  With  respect  to a jurisdiction that has copied all
 9    of its voter signatures into  a  computer-based  registration
10    file, all references in this Act or any other Act to the use,
11    other than storage, of paper-based voter registration records
12    shall be deemed to refer to their computer-based equivalents.
13        (f)  Nothing   in   this  Section  prevents  an  election
14    authority from submitting to the State Board of  Elections  a
15    duplicate copy of some, as the State Board of Elections shall
16    determine,  or  all  of  the  data  contained  in  each voter
17    registration record that is part  of  the  electronic  master
18    file.  The duplicate copy of the registration record shall be
19    maintained by the State Board of  Elections  under  the  same
20    terms  and  limitations  applicable to the election authority
21    and shall  be  of  equal  legal  dignity  with  the  original
22    registration  record  maintained by the election authority as
23    proof of any fact contained in the voter registration record.
24    (Source: P.A. 91-73, eff. 7-9-99.)

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.