Illinois General Assembly - Full Text of HB1166
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Full Text of HB1166  93rd General Assembly

HB1166 93rd General Assembly


093_HB1166

 
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 1        AN ACT concerning voter registration.

 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 4-6.2 and 5-16.2 as follows:

 6        (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
 7        Sec. 4-6.2.  (a)  The  county  clerk  shall  appoint  all
 8    municipal  and township or road district clerks or their duly
 9    authorized deputies as deputy registrars who may  accept  the
10    registration  of  all qualified residents of their respective
11    municipalities,  townships  and  road  districts.  A   deputy
12    registrar  serving  as  such  by  virtue  of  his status as a
13    municipal clerk, or a duly authorized deputy of  a  municipal
14    clerk,  of a municipality the territory of which lies in more
15    than one county may accept the registration of any  qualified
16    resident  of the municipality, regardless of which county the
17    resident, municipal clerk or the duly  authorized  deputy  of
18    the municipal clerk lives in.
19        The    county    clerk   shall   appoint   all   precinct
20    committeepersons in the county as deputy registrars  who  may
21    accept  the  registration  of  any  qualified resident of the
22    county, except during the 27 days preceding an election.
23        The election authority shall appoint as deputy registrars
24    a reasonable number of employees of the  Secretary  of  State
25    located   at   driver's   license  examination  stations  and
26    designated to the election  authority  by  the  Secretary  of
27    State  who  may  accept  the  registration  of  any qualified
28    residents  of  the  county  at  any  such  driver's   license
29    examination  stations.  The  appointment  of employees of the
30    Secretary of State as deputy registrars shall be made in  the
31    manner  provided  in  Section  2-105  of the Illinois Vehicle
 
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 1    Code.
 2        The county clerk shall  appoint  each  of  the  following
 3    named  persons  as deputy registrars upon the written request
 4    of such persons:
 5             1.  The  chief  librarian,  or  a  qualified  person
 6        designated by the chief librarian, of any public  library
 7        situated within the election jurisdiction, who may accept
 8        the  registrations  of  any  qualified  resident  of  the
 9        county, at such library.
10             2.  The  principal, or a qualified person designated
11        by the principal, of any high school, elementary  school,
12        or   vocational   school  situated  within  the  election
13        jurisdiction, who may accept  the  registrations  of  any
14        qualified  resident  of  the  county, at such school. The
15        county   clerk   shall   notify   every   principal   and
16        vice-principal of each high  school,  elementary  school,
17        and   vocational  school  situated  within  the  election
18        jurisdiction of their  eligibility  to  serve  as  deputy
19        registrars  and  offer  training  courses  for service as
20        deputy registrars at conveniently located  facilities  at
21        least  4  months  prior to every election. Principals, or
22        their qualified designees, of  secondary  and  vocational
23        schools  shall  request  appointment as deputy registrars
24        under this  paragraph  as  coordinated  by  their  school
25        district  in  order  to ensure the availability of deputy
26        registrars throughout  the  school  district  during  the
27        first 10 school days in May of each year to encourage the
28        registration of students 18 years of age or older.
29             3.  The  president, or a qualified person designated
30        by the president, of any university,  college,  community
31        college,   academy   or  other  institution  of  learning
32        situated within the election jurisdiction, who may accept
33        the registrations of any resident of the county, at  such
34        university,   college,   community  college,  academy  or
 
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 1        institution.
 2             4.  A duly elected or appointed official of  a  bona
 3        fide  labor  organization,  or  a  reasonable  number  of
 4        qualified  members  designated  by such official, who may
 5        accept the registrations of any qualified resident of the
 6        county.
 7             5.  A  duly  elected  or  appointed  official  of  a
 8        bonafide  State  civic  organization,  as   defined   and
 9        determined  by  rule  of the State Board of Elections, or
10        qualified members designated by such  official,  who  may
11        accept  the registration of any qualified resident of the
12        county. In determining the number  of  deputy  registrars
13        that  shall be appointed, the county clerk shall consider
14        the population of  the  jurisdiction,  the  size  of  the
15        organization,  the  geographic  size of the jurisdiction,
16        convenience for the public, the existing number of deputy
17        registrars in the jurisdiction and  their  location,  the
18        registration  activities of the organization and the need
19        to appoint deputy registrars to assist and facilitate the
20        registration of non-English speaking individuals.  In  no
21        event  shall  a  county  clerk  fix  an  arbitrary number
22        applicable  to  every   civic   organization   requesting
23        appointment  of  its  members  as  deputy registrars. The
24        State Board  of  Elections  shall  by  rule  provide  for
25        certification of bonafide State civic organizations. Such
26        appointments  shall  be made for a period not to exceed 2
27        years, terminating on the first business day of the month
28        following the month of the general election, and shall be
29        valid for all periods of voter registration  as  provided
30        by this Code during the terms of such appointments.
31             6.  The  Director  of  the  Illinois  Department  of
32        Public   Aid,   or   a  reasonable  number  of  employees
33        designated by the Director  and  located  at  public  aid
34        offices, who may accept the registration of any qualified
 
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 1        resident of the county at any such public aid office.
 2             7.  The  Director  of  the  Illinois  Department  of
 3        Employment  Security, or a reasonable number of employees
 4        designated by the Director and  located  at  unemployment
 5        offices, who may accept the registration of any qualified
 6        resident of the county at any such unemployment office.
 7             8.  The  president  of any corporation as defined by
 8        the Business Corporation Act of  1983,  or  a  reasonable
 9        number of employees designated by such president, who may
10        accept the registrations of any qualified resident of the
11        county.
12        If  the  request  to  be appointed as deputy registrar is
13    denied, the county clerk shall, within 10 days after the date
14    the request is submitted, provide the affected individual  or
15    organization  with  written notice setting forth the specific
16    reasons or criteria relied upon to deny  the  request  to  be
17    appointed as deputy registrar.
18        The  county  clerk  may appoint as many additional deputy
19    registrars as he considers necessary. The county clerk  shall
20    appoint such additional deputy registrars in such manner that
21    the   convenience   of  the  public  is  served,  giving  due
22    consideration to  both  population  concentration  and  area.
23    Some of the additional deputy registrars shall be selected so
24    that  there  are  an  equal  number  from each of the 2 major
25    political parties in the election jurisdiction.   The  county
26    clerk,  in  appointing  an additional deputy registrar, shall
27    make the appointment from a list of applicants  submitted  by
28    the   Chairman   of  the  County  Central  Committee  of  the
29    applicant's political party.  A Chairman of a County  Central
30    Committee  shall  submit  a  list of applicants to the county
31    clerk by November 30 of each  year.   The  county  clerk  may
32    require a Chairman of a County Central Committee to furnish a
33    supplemental list of applicants.
34        Deputy  registrars  may  accept registrations at any time
 
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 1    other than the 27  day  period  preceding  an  election.  All
 2    persons  appointed  as deputy registrars shall be  registered
 3    voters within the county and shall take and subscribe to  the
 4    following oath or affirmation:
 5        "I do solemnly swear (or affirm, as the case may be) that
 6    I will support the Constitution of the United States, and the
 7    Constitution  of  the  State  of  Illinois,  and  that I will
 8    faithfully discharge the  duties  of  the  office  of  deputy
 9    registrar  to the best of my ability and that I will register
10    no person nor cause the registration  of  any  person  except
11    upon his personal application before me.
12                                     ............................
13                                    (Signature Deputy Registrar)"
14        This  oath  shall be administered by the county clerk, or
15    by one of his deputies, or by any person  qualified  to  take
16    acknowledgement  of deeds and shall immediately thereafter be
17    filed with the county clerk.
18        Appointments of deputy  registrars  under  this  Section,
19    except  precinct  committeemen,  shall  be  for 2-year terms,
20    commencing on December 1 following the  general  election  of
21    each even-numbered year; except that the terms of the initial
22    appointments  shall  be until December 1st following the next
23    general election. Appointments of precinct committeemen shall
24    be for 2-year terms commencing on  the  date  of  the  county
25    convention  following  the general primary at which they were
26    elected.  The county  clerk  shall  issue  a  certificate  of
27    appointment  to  each deputy registrar, and shall maintain in
28    his office for public inspection a list of the names  of  all
29    appointees.
30        (b)  The  county  clerk shall be responsible for training
31    all deputy registrars appointed pursuant to  subsection  (a),
32    at  times  and  locations  reasonably convenient for both the
33    county clerk and such appointees.  The county clerk shall  be
34    responsible   for   certifying  and  supervising  all  deputy
 
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 1    registrars appointed  pursuant  to  subsection  (a).   Deputy
 2    registrars appointed under subsection (a) shall be subject to
 3    removal for cause.
 4        (c)  Completed  registration  materials under the control
 5    of deputy registrars, appointed pursuant to  subsection  (a),
 6    shall  be  returned to the proper election authority within 7
 7    days, except that completed registration  materials  received
 8    by  the  deputy registrars during the period between the 35th
 9    and 28th day preceding an election shall be returned  by  the
10    deputy  registrars to the proper election authority within 48
11    hours after  receipt  thereof.   The  completed  registration
12    materials  received  by the deputy registrars on the 28th day
13    preceding  an  election  shall  be  returned  by  the  deputy
14    registrars within 24  hours  after  receipt  thereof.  Unused
15    materials  shall  be  returned by deputy registrars appointed
16    pursuant to paragraph 4 of subsection (a), not later than the
17    next working day following the close of registration.
18        (d)  The county clerk shall not be  required  to  provide
19    additional forms to any deputy registrar having more than 200
20    registration  forms  unaccounted  for during the preceding 12
21    month period.
22        (e)  No   deputy   registrar   shall   engage   in    any
23    electioneering  or  the  promotion  of  any  cause during the
24    performance of his or her duties.
25        (f)  The county clerk shall not be criminally or  civilly
26    liable  for  the  acts  or omissions of any deputy registrar.
27    Such deputy registrars shall not be deemed to be employees of
28    the county clerk.
29    (Source: P.A. 92-816, eff. 8-21-02.)

30        (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
31        Sec. 5-16.2.  (a) The  county  clerk  shall  appoint  all
32    municipal  and  township  clerks  or  their  duly  authorized
33    deputies as deputy registrars who may accept the registration
 
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 1    of  all  qualified  residents of their respective counties. A
 2    deputy registrar serving as such by virtue of his status as a
 3    municipal clerk, or a duly authorized deputy of  a  municipal
 4    clerk,  of a municipality the territory of which lies in more
 5    than one county may accept the registration of any  qualified
 6    resident  of any county in which the municipality is located,
 7    regardless of which county the resident, municipal  clerk  or
 8    the duly authorized deputy of the municipal clerk lives in.
 9        The    county    clerk   shall   appoint   all   precinct
10    committeepersons in the county as deputy registrars  who  may
11    accept  the  registration  of  any  qualified resident of the
12    county, except during the 27 days preceding an election.
13        The election authority shall appoint as deputy registrars
14    a reasonable number of employees of the  Secretary  of  State
15    located   at   driver's   license  examination  stations  and
16    designated to the election  authority  by  the  Secretary  of
17    State  who  may  accept  the  registration  of  any qualified
18    residents  of  the  county  at  any  such  driver's   license
19    examination  stations.  The  appointment  of employees of the
20    Secretary of State as deputy registrars shall be made in  the
21    manner  provided  in  Section  2-105  of the Illinois Vehicle
22    Code.
23        The county clerk shall  appoint  each  of  the  following
24    named  persons  as deputy registrars upon the written request
25    of such persons:
26             1.  The  chief  librarian,  or  a  qualified  person
27        designated by the chief librarian, of any public  library
28        situated within the election jurisdiction, who may accept
29        the  registrations  of  any  qualified  resident  of  the
30        county, at such library.
31             2.  The  principal, or a qualified person designated
32        by the principal, of any high school, elementary  school,
33        or   vocational   school  situated  within  the  election
34        jurisdiction, who may accept  the  registrations  of  any
 
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 1        resident  of the county, at such school. The county clerk
 2        shall notify every principal and vice-principal  of  each
 3        high  school,  elementary  school,  and vocational school
 4        situated  within  the  election  jurisdiction  of   their
 5        eligibility  to  serve  as  deputy  registrars  and offer
 6        training courses for  service  as  deputy  registrars  at
 7        conveniently  located  facilities at least 4 months prior
 8        to  every  election.  Principals,  or   their   qualified
 9        designees,  of  secondary  and  vocational  schools shall
10        request  appointment  as  deputy  registrars  under  this
11        paragraph as coordinated  by  their  school  district  in
12        order  to  ensure  the  availability of deputy registrars
13        throughout the school district during the first 10 school
14        days in May of each year to encourage the registration of
15        students 18 years of age or older.
16             3.  The president, or a qualified person  designated
17        by  the  president, of any university, college, community
18        college,  academy  or  other  institution   of   learning
19        situated within the election jurisdiction, who may accept
20        the  registrations of any resident of the county, at such
21        university,  college,  community  college,   academy   or
22        institution.
23             4.  A  duly  elected or appointed official of a bona
24        fide  labor  organization,  or  a  reasonable  number  of
25        qualified members designated by such  official,  who  may
26        accept the registrations of any qualified resident of the
27        county.
28             5.  A  duly  elected or appointed official of a bona
29        fide State civic organization, as defined and  determined
30        by  rule  of  the  State Board of Elections, or qualified
31        members designated by such official, who may  accept  the
32        registration  of any qualified resident of the county. In
33        determining the number of deputy registrars that shall be
34        appointed, the county clerk shall consider the population
 
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 1        of the jurisdiction, the size of  the  organization,  the
 2        geographic  size of the jurisdiction, convenience for the
 3        public, the existing number of deputy registrars  in  the
 4        jurisdiction   and   their   location,  the  registration
 5        activities of the organization and the  need  to  appoint
 6        deputy   registrars   to   assist   and   facilitate  the
 7        registration of non-English speaking individuals.  In  no
 8        event  shall  a  county  clerk  fix  an  arbitrary number
 9        applicable  to  every   civic   organization   requesting
10        appointment  of  its  members  as  deputy registrars. The
11        State Board  of  Elections  shall  by  rule  provide  for
12        certification  of  bona  fide  State civic organizations.
13        Such appointments shall be  made  for  a  period  not  to
14        exceed  2 years, terminating on the first business day of
15        the month following the month of  the  general  election,
16        and  shall be valid for all periods of voter registration
17        as provided  by  this  Code  during  the  terms  of  such
18        appointments.
19             6.  The  Director  of  the  Illinois  Department  of
20        Public   Aid,   or   a  reasonable  number  of  employees
21        designated by the Director  and  located  at  public  aid
22        offices, who may accept the registration of any qualified
23        resident of the county at any such public aid office.
24             7.  The  Director  of  the  Illinois  Department  of
25        Employment  Security, or a reasonable number of employees
26        designated by the Director and  located  at  unemployment
27        offices, who may accept the registration of any qualified
28        resident of the county at any such unemployment office.
29             8.  The  president  of any corporation as defined by
30        the Business Corporation Act of  1983,  or  a  reasonable
31        number of employees designated by such president, who may
32        accept the registrations of any qualified resident of the
33        county.
34        If  the  request  to  be appointed as deputy registrar is
 
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 1    denied, the county clerk shall, within 10 days after the date
 2    the request is submitted, provide the affected individual  or
 3    organization  with  written notice setting forth the specific
 4    reasons or criteria relied upon to deny  the  request  to  be
 5    appointed as deputy registrar.
 6        The  county  clerk  may appoint as many additional deputy
 7    registrars as he considers necessary. The county clerk  shall
 8    appoint such additional deputy registrars in such manner that
 9    the   convenience   of  the  public  is  served,  giving  due
10    consideration to  both  population  concentration  and  area.
11    Some of the additional deputy registrars shall be selected so
12    that  there  are  an  equal  number  from each of the 2 major
13    political parties in the election jurisdiction.   The  county
14    clerk,  in  appointing  an additional deputy registrar, shall
15    make the appointment from a list of applicants  submitted  by
16    the   Chairman   of  the  County  Central  Committee  of  the
17    applicant's political party.  A Chairman of a County  Central
18    Committee  shall  submit  a  list of applicants to the county
19    clerk by November 30 of each  year.   The  county  clerk  may
20    require a Chairman of a County Central Committee to furnish a
21    supplemental list of applicants.
22        Deputy  registrars  may  accept registrations at any time
23    other than the 27  day  period  preceding  an  election.  All
24    persons  appointed  as deputy registrars shall be  registered
25    voters within the county and shall take and subscribe to  the
26    following oath or affirmation:
27        "I do solemnly swear (or affirm, as the case may be) that
28    I will support the Constitution of the United States, and the
29    Constitution  of  the  State  of  Illinois,  and  that I will
30    faithfully discharge the  duties  of  the  office  of  deputy
31    registrar  to the best of my ability and that I will register
32    no person nor cause the registration  of  any  person  except
33    upon his personal application before me.
34                                  ...............................
 
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 1                                 (Signature of Deputy Registrar)"
 2        This  oath  shall be administered by the county clerk, or
 3    by one of his deputies, or by any person  qualified  to  take
 4    acknowledgement  of deeds and shall immediately thereafter be
 5    filed with the county clerk.
 6        Appointments of deputy  registrars  under  this  Section,
 7    except  precinct  committeemen,  shall  be  for 2-year terms,
 8    commencing on December 1 following the  general  election  of
 9    each even-numbered year, except that the terms of the initial
10    appointments  shall  be until December 1st following the next
11    general  election.   Appointments  of  precinct  committeemen
12    shall be for 2-year terms  commencing  on  the  date  of  the
13    county convention following the general primary at which they
14    were  elected.  The county clerk shall issue a certificate of
15    appointment to each deputy registrar, and shall  maintain  in
16    his  office  for public inspection a list of the names of all
17    appointees.
18        (b)  The county clerk shall be responsible  for  training
19    all  deputy  registrars appointed pursuant to subsection (a),
20    at times and locations reasonably  convenient  for  both  the
21    county  clerk and such appointees.  The county clerk shall be
22    responsible  for  certifying  and  supervising   all   deputy
23    registrars  appointed  pursuant  to  subsection  (a).  Deputy
24    registrars appointed under subsection (a) shall be subject to
25    removal for cause.
26        (c)  Completed registration materials under  the  control
27    of  deputy  registrars, appointed pursuant to subsection (a),
28    shall be returned to the proper election authority  within  7
29    days,  except  that completed registration materials received
30    by the deputy registrars during the period between  the  35th
31    and  28th  day preceding an election shall be returned by the
32    deputy registrars to the proper election authority within  48
33    hours  after  receipt  thereof.   The  completed registration
34    materials received by the deputy registrars on the  28th  day
 
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 1    preceding  an  election  shall  be  returned  by  the  deputy
 2    registrars  within  24  hours  after  receipt thereof. Unused
 3    materials shall be returned by  deputy  registrars  appointed
 4    pursuant to paragraph 4 of subsection (a), not later than the
 5    next working day following the close of registration.
 6        (d)  The  county  clerk  shall not be required to provide
 7    additional forms to any deputy registrar having more than 200
 8    registration forms unaccounted for during  the  preceding  12
 9    month period.
10        (e)  No    deputy   registrar   shall   engage   in   any
11    electioneering or the  promotion  of  any  cause  during  the
12    performance of his or her duties.
13        (f)  The  county clerk shall not be criminally or civilly
14    liable for the acts or omissions  of  any  deputy  registrar.
15    Such  deputy registers shall not be deemed to be employees of
16    the county clerk.
17    (Source: P.A. 92-816, eff. 8-21-02.)

18        Section 99.  Effective date.  This Act takes effect  July
19    1, 2003.