Full Text of HB1920 102nd General Assembly
HB1920ham001 102ND GENERAL ASSEMBLY | Rep. Mark Batinick Filed: 3/17/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1920
| 2 | | AMENDMENT NO. ______. Amend House Bill 1920 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 1A-16.8, 4-30, 5-25, and 6-59 as follows: | 6 | | (10 ILCS 5/1A-16.8) | 7 | | Sec. 1A-16.8. Automatic transfer of registration based | 8 | | upon information from the National Change of Address database | 9 | | and designated automatic voter registration agencies. | 10 | | (a) The State Board of Elections shall cross-reference the | 11 | | statewide voter registration database against the United | 12 | | States Postal Service's National Change of Address database | 13 | | twice each calendar year, April 15 and October 1 in | 14 | | odd-numbered years and April 15 and December 1 in | 15 | | even-numbered years or with the same frequency as in | 16 | | subsection (b) of this Section, and shall share the findings |
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| 1 | | with the election authorities. | 2 | | (b) In addition, beginning no later than September 1, | 3 | | 2017, the State Board of Elections shall utilize data provided | 4 | | as part of its membership in the Electronic Registration | 5 | | Information Center in order to cross-reference the statewide | 6 | | voter registration database against databases of relevant | 7 | | personal information kept by designated automatic voter | 8 | | registration agencies, including, but not limited to, driver's | 9 | | license information kept by the Secretary of State, at least 6 | 10 | | times each calendar year and shall share the findings with | 11 | | election authorities. | 12 | | This subsection (b) shall no longer apply once Sections | 13 | | 1A-16.1 and 1A-16.2 of this Code are fully implemented as | 14 | | determined by the State Board of Elections. Upon a | 15 | | determination by the State Board of Elections of full | 16 | | implementation of Sections 1A-16.1 and 1A-16.2 of this Code, | 17 | | the State Board of Elections shall file notice of full | 18 | | implementation and the inapplicability of this subsection (b) | 19 | | with the Index Department of the Office of the Secretary of | 20 | | State, the Governor, the General Assembly, and the Legislative | 21 | | Reference Bureau. | 22 | | (b-5) The State Board of Elections shall not be required | 23 | | to share any data on any voter attained using the National | 24 | | Change of Address database under subsection (a) of this | 25 | | Section if that voter has a more recent government transaction | 26 | | indicated using the cross-reference under subsection (b) of |
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| 1 | | this Section. If there is contradictory or unclear data | 2 | | between data obtained under subsections (a) and (b) of this | 3 | | Section, then data obtained under subsection (b) of this | 4 | | Section shall take priority. | 5 | | (c) Within 90 days of receipt of information from the | 6 | | National Change of Address database, an An election authority | 7 | | shall automatically register any voter who has moved into its | 8 | | jurisdiction from another jurisdiction in Illinois or has | 9 | | moved within its jurisdiction provided that: | 10 | | (1) the election authority whose jurisdiction includes | 11 | | the new registration address provides the voter an | 12 | | opportunity to reject the change in registration address | 13 | | through a mailing, sent by non-forwardable mail, to the | 14 | | new registration address, and | 15 | | (2) when the election authority whose jurisdiction | 16 | | includes the previous registration address is a different | 17 | | election authority, then that election authority provides | 18 | | the same opportunity through a mailing, sent by | 19 | | forwardable mail, to the previous registration address. | 20 | | This change in registration shall trigger the same | 21 | | inter-jurisdictional or intra-jurisdictional workflows as if | 22 | | the voter completed a new registration card, including the | 23 | | cancellation of the voter's previous registration. Should the | 24 | | registration of a voter be changed from one address to another | 25 | | within the State and should the voter appear at the polls and | 26 | | offer to vote from the prior registration address, attesting |
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| 1 | | that the prior registration address is the true current | 2 | | address, the voter, if confirmed by the election authority as | 3 | | having been registered at the prior registration address and | 4 | | canceled only by the process authorized by this Section, shall | 5 | | be issued a regular ballot, and the change of registration | 6 | | address shall be canceled. If the election authority is unable | 7 | | to immediately confirm the registration, the voter shall be | 8 | | permitted to register and vote a regular ballot, provided that | 9 | | he or she meets the documentary requirements for same-day | 10 | | registration. If the election authority is unable to confirm | 11 | | the registration and the voter does not meet the requirements | 12 | | for same-day registration, the voter shall be issued a | 13 | | provisional ballot.
| 14 | | (d) No voter shall be disqualified from voting due to an | 15 | | error relating to an update of registration under this | 16 | | Section. | 17 | | (Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
| 18 | | (10 ILCS 5/4-30) (from Ch. 46, par. 4-30)
| 19 | | Sec. 4-30.
The county clerk on his own initiative or upon | 20 | | order of
the county board shall at all times have authority to
| 21 | | conduct investigation and to make canvasses of the registered | 22 | | voters in
any precinct canvass or at other times and by other | 23 | | methods than those
so prescribed. However, the county clerk | 24 | | shall at least once in every 2
years conduct a verification of | 25 | | voter registrations and shall cause the
cancellation of |
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| 1 | | registration of persons who have ceased to be qualified
| 2 | | voters. The verification shall be conducted and completed | 3 | | after a consolidated election in an odd numbered year but | 4 | | before the first day of candidate circulation for candidate | 5 | | filing for the following primary election in an even numbered | 6 | | year. Such verification shall be accomplished by one of the
| 7 | | following methods: (1) precinct canvass conducted by 2 | 8 | | qualified
persons of opposite party affiliation appointed by | 9 | | the county clerk or (2)
written request for verification sent | 10 | | to each registered voter by first
class mail, not forwardable | 11 | | or (3) an alternative method of verification
submitted in | 12 | | writing to and approved by the State Board of Elections at
a | 13 | | public meeting not less than 60 days prior to the date on which | 14 | | the county
clerk has fixed for implementation of that method | 15 | | of verification; provided,
that the county clerk shall certify | 16 | | submit to the State Board of Elections that the verification | 17 | | has been conducted and completed and include
a written | 18 | | statement of the results obtained by use of such alternative | 19 | | method
within 30 days of completion of the verification. | 20 | | Provided that in
each precinct one canvasser may be appointed | 21 | | from outside such precinct
if not enough other qualified | 22 | | persons who reside within the precinct can
be found to serve as | 23 | | canvasser in such precinct. The one canvasser so
appointed to | 24 | | serve in any precinct in which he is not entitled to vote
prior | 25 | | to the election must be entitled to vote elsewhere within the | 26 | | ward,
township or road district which includes within its |
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| 1 | | boundaries the precinct
in which such canvasser is appointed | 2 | | and such canvasser must be otherwise
qualified. If upon the | 3 | | basis of investigation or canvasses, the county
clerk shall be | 4 | | of the opinion that any person registered under this
Article | 5 | | is not a qualified voter or has ceased to be a qualified
voter, | 6 | | he shall send a notice through the United States mail to such
| 7 | | person, requiring him to appear before the county clerk for a | 8 | | hearing
within ten days after the date of mailing such notice | 9 | | and show cause why
his registration shall not be cancelled. If | 10 | | such person fails to appear
within such time as provided, his | 11 | | registration shall be cancelled. If
such a person does appear, | 12 | | he shall make an affidavit similar in every
respect to the | 13 | | affidavit required of applicants under Section 4-13 and his
| 14 | | registration shall be reinstated.
| 15 | | If the county clerk cancels such registration upon the | 16 | | voter failing
to appear, the county clerk shall immediately
| 17 | | request of the clerk of the city, village or incorporated town | 18 | | in which
the person claimed residence, to return the | 19 | | triplicate card of
registration of the said person and within | 20 | | twenty-four hours after
receipt of said request, the said | 21 | | clerk shall mail or cause to be
delivered to the county clerk | 22 | | the triplicate card of registration of the
said person and the | 23 | | said triplicate card shall thereupon be cancelled by
the | 24 | | county clerk.
| 25 | | (Source: P.A. 84-1308.)
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| 1 | | (10 ILCS 5/5-25) (from Ch. 46, par. 5-25)
| 2 | | Sec. 5-25.
The county clerk on his own initiative or upon | 3 | | order of
the board of county commissioners shall at all times | 4 | | have authority to
conduct investigation and to make canvasses | 5 | | of the registered voters in
any precinct canvass or at other | 6 | | times and by other methods than those
so prescribed. However, | 7 | | the county clerk shall conduct
a verification of voter | 8 | | registrations at least once in
every 2 years, and shall cause | 9 | | the cancellation of registration of persons
who have ceased to | 10 | | be qualified voters. The verification shall be conducted and | 11 | | completed after a consolidated election in an odd numbered | 12 | | year but before the first day of candidate circulation for | 13 | | candidate filing for the following primary election in an even | 14 | | numbered year. Such verification shall be accomplished
by one | 15 | | of the following methods: (1) precinct canvass conducted by 2 | 16 | | qualified
persons of opposite party affiliation appointed by | 17 | | the county clerk or (2)
written request for verification sent | 18 | | to each registered voter by first
class mail, not forwardable | 19 | | or (3) an alternative method of verification
submitted in | 20 | | writing to and approved by the State Board of Elections at
a | 21 | | public meeting not less than 60 days prior to the date which | 22 | | the county
clerk has fixed for implementation of that method | 23 | | of verification; provided,
that the county clerk shall certify | 24 | | submit to the State Board of Elections that the verification | 25 | | has been conducted and completed and include a written
| 26 | | statement of the results obtained by use of such alternative |
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| 1 | | method within
30 days of completion of the verification. In
| 2 | | each precinct one canvasser may be appointed from outside such | 3 | | precinct
if not enough other qualified persons who reside | 4 | | within the precinct can
be found to serve as canvasser in such | 5 | | precinct. The one canvasser so
appointed to serve in any | 6 | | precinct in which he is not entitled to vote
prior to the | 7 | | election must be entitled to vote elsewhere within the ward
or | 8 | | township which includes within its boundaries the precinct in | 9 | | which
such canvasser is appointed and such canvasser must be | 10 | | otherwise
qualified. If upon the basis of investigation or | 11 | | canvasses, the county
clerk shall be of the opinion that any | 12 | | person registered under this
Article 5 is not a qualified | 13 | | voter or has ceased to be a qualified
voter, he shall send a | 14 | | notice through the United States mail to such
person, | 15 | | requiring him to appear before the county clerk for a hearing
| 16 | | within ten days after the date of mailing such notice and show | 17 | | cause why
his registration shall not be cancelled. If such | 18 | | person fails to appear
within such time as provided, his | 19 | | registration shall be cancelled. If
such a person does appear, | 20 | | he shall make an affidavit similar in every
respect to the | 21 | | affidavit required of applicants under Section 5-16 of
this | 22 | | Article 5.
| 23 | | (Source: P.A. 81-1535.)
| 24 | | (10 ILCS 5/6-59) (from Ch. 46, par. 6-59)
| 25 | | Sec. 6-59.
The Board of Election Commissioners on its own |
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| 1 | | initiative,
or upon order of the circuit court, shall at all | 2 | | times have authority to
conduct investigations and to make | 3 | | canvasses of the registered voters in
any precinct or | 4 | | precincts within its jurisdiction either by the methods
| 5 | | provided in this Article or at other times and by other methods | 6 | | than
those prescribed herein. However, the Board of Election | 7 | | Commissioners
shall , at least
once in every 2 years, conduct a | 8 | | verification of voter registrations
and shall cause the | 9 | | cancellation of registration
of persons who have ceased to be | 10 | | qualified voters. The verification shall be conducted and | 11 | | completed after a consolidated election in an odd numbered | 12 | | year but before the first day of candidate circulation for | 13 | | candidate filing for the following primary election in an even | 14 | | numbered year. Such verification shall
be accomplished by one | 15 | | of the following methods: (1) precinct canvass conducted
by 2 | 16 | | qualified persons of opposite party affiliation appointed by | 17 | | the Board
of Election Commissioners or (2) written request | 18 | | sent to each registered
voter by first class mail, not | 19 | | forwardable or (3) an alternative method
of verification | 20 | | submitted in writing to and approved by The State Board
of | 21 | | Elections at a public meeting not less than 60 days prior to | 22 | | the date
on which the Board of Election Commissioners has | 23 | | fixed for implementation
of that method of verification; | 24 | | provided, said Board shall certify submit to the
State Board | 25 | | of Elections that the verification has been conducted and | 26 | | completed and include a written statement of the results |
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| 1 | | obtained by
use of such alternative method within 30 days of | 2 | | the completion of the verification.
If, upon
the basis of | 3 | | investigations or canvasses, the board shall be of the
opinion | 4 | | that any person registered under this Article is not a | 5 | | qualified
voter or has ceased to be a qualified voter, it shall | 6 | | send a notice
through the United States mail to such person, | 7 | | requiring him to appear
before such board at a time specified | 8 | | in such notice, not less than 10
nor more than 30 days after | 9 | | the mailing of such notice and show cause
why his registration | 10 | | should not be cancelled. If such a person does not
appear, his | 11 | | registration shall be cancelled. If such a person does
appear | 12 | | he shall make an affidavit and shall be heard in the manner
| 13 | | provided by Section 6-45 of this Article, and if his | 14 | | registration is
cancelled as a result of such a hearing, he | 15 | | shall be entitled to a
hearing in the circuit court and to an | 16 | | appeal to the Supreme Court in
the manner provided by Section | 17 | | 6-52 of this Article.
| 18 | | Whenever the Board of Election Commissioners acting under | 19 | | authority
of this section conducts a canvass of the registered | 20 | | voters in any
precinct or precincts and the board designates | 21 | | canvassers to conduct the
canvass, the board shall appoint as | 22 | | canvassers persons affiliated with
the leading political | 23 | | parties in like manner as judges of election are
appointed | 24 | | under the provisions of Section 14-4 of this Act; provided
| 25 | | that in each precinct in counties of 500,000 inhabitants or | 26 | | more, one
canvasser may be appointed from outside such |
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| 1 | | precinct if not enough
other qualified persons who reside | 2 | | within the precinct can be found to
serve as canvasser in such | 3 | | precinct. The one canvasser so appointed to
serve in any | 4 | | precinct in which he is not entitled to vote prior to the
| 5 | | election must be entitled to vote elsewhere within the ward or | 6 | | township
which includes within its boundaries the precinct in | 7 | | which such
canvasser is appointed and such canvasser must be | 8 | | otherwise qualified.
| 9 | | The canvassers, so appointed by virtue of this section, | 10 | | shall comply
with the provisions of Sections 6-40 and 6-41 | 11 | | relative to the mailing
and leaving of notices at the | 12 | | addresses of persons whose right to vote
in the precinct or | 13 | | precincts is questioned.
| 14 | | (Source: P.A. 81-1433.)".
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