Illinois 2023-2024 Regular Session

Illinois House Bill HB1140 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1140 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records. LRB103 05324 AWJ 50342 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1140 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records. LRB103 05324 AWJ 50342 b LRB103 05324 AWJ 50342 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1140 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
4	4	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
5	5	Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records.
6	6	LRB103 05324 AWJ 50342 b LRB103 05324 AWJ 50342 b
7	7	LRB103 05324 AWJ 50342 b
8	8	A BILL FOR
9	9	HB1140LRB103 05324 AWJ 50342 b HB1140 LRB103 05324 AWJ 50342 b
10	10	HB1140 LRB103 05324 AWJ 50342 b
11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by changing
15	15	5 Section 4-14.1 as follows:
16	16	6 (10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)
17	17	7 Sec. 4-14.1. Cancellation Cancelation of deceased voter's
18	18	8 registration.
19	19	9 (a) Upon establishment of an electronic reporting system
20	20	10 for death registrations as provided in the Vital Records Act,
21	21	11 the county clerk of the county where a decedent last resided,
22	22	12 as indicated on the decedent's death certificate, shall may
23	23	13 issue certifications of death records from that system and
24	24	14 shall may use that system to cancel the registration of any
25	25	15 person who has died during the preceding month. Regardless of
26	26	16 whether or not such a system has been established, it is the
27	27	17 duty of the county clerk to examine, monthly, the records
28	28	18 deposited in his or her office pursuant to the Vital Records
29	29	19 Act that relate to deaths in the county, and to cancel the
30	30	20 registration of any person who has died during the preceding
31	31	21 month. The county coroner, medical examiner, or physician for
32	32	22 a county or any other individual responsible for certification
33	33	23 of death under Section 18 of the Vital Records Act shall
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1140 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
38	38	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
39	39	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
40	40	Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records.
41	41	LRB103 05324 AWJ 50342 b LRB103 05324 AWJ 50342 b
42	42	LRB103 05324 AWJ 50342 b
43	43	A BILL FOR
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49	49	10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
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68	68	1 promptly transmit certified records to the county clerk within
69	69	2 7 days after the death of the decedent. The county clerk and
70	70	3 coroner shall report quarterly to the county board affiliated
71	71	4 with the county clerk or coroner and certify the county
72	72	5 clerk's or coroner's full compliance with this Section and
73	73	6 accuracy of the voter rolls. In addition, on a monthly basis,
74	74	7 the county clerk shall request from the United States Postal
75	75	8 Service records of each permanent change of address form
76	76	9 submitted to the Postal Service related to an address in the
77	77	10 county and shall update the registration of any person whose
78	78	11 address appears to have changed, as indicated by those
79	79	12 records.
80	80	13 (b) Any person may request a copy of the evidence of
81	81	14 deposits of records and required reports under subsection (a).
82	82	15 The county shall produce a copy of the evidence of deposits or
83	83	16 required reports within 5 business days of receipt of the
84	84	17 request or within 48 hours of receipt of the request if the
85	85	18 request is received 30 days or less before an election.
86	86	19 (c) A person may file a petition for injunction or
87	87	20 declaratory relief to enforce subsection (a) or a request for
88	88	21 records under subsection (b). The circuit court may order (i)
89	89	22 production of evidence of the deposits of records, (ii)
90	90	23 production of required reports, or (iii) compliance with any
91	91	24 of the requirements of subsection (a).
92	92	25 (d) If a person seeking the right to receive a copy of
93	93	26 documents under subsection (b) prevails in a proceeding under
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104	104	1 subsection (c), the court shall award the person reasonable
105	105	2 attorney's fees and costs. In determining what amount of
106	106	3 attorney's fees is reasonable, the court shall consider the
107	107	4 degree to which the relief obtained relates to the relief
108	108	5 sought.
109	109	6 (e) If the court determines in an action under subsection
110	110	7 (c) that an individual required to act under this Section
111	111	8 willfully and intentionally failed to comply with this
112	112	9 Section, or otherwise acted in bad faith, the court shall
113	113	10 impose upon the county in which the individual was responsible
114	114	11 to perform duties under this Section a civil penalty of not
115	115	12 less than $2,500 nor more than $5,000 for each occurrence. In
116	116	13 assessing the civil penalty, the court shall consider in
117	117	14 aggravation or mitigation the budget of the county and whether
118	118	15 the county has previously been assessed penalties for
119	119	16 violations of this Section. The court may impose an additional
120	120	17 civil penalty of up to $1,000 for each day that violation of
121	121	18 the court's order to disclose documents under this Section
122	122	19 continues if:
123	123	20 (1) the individual fails to comply with the court's
124	124	21 order after 30 days;
125	125	22 (2) the court's order is not on appeal or stayed; and
126	126	23 (3) the court does not grant the individual additional
127	127	24 time to comply with the court's order to disclose public
128	128	25 records.
129	129	26 A civil penalty imposed under this subsection is in
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140	140	1 addition to any fees and costs awarded under subsection (d),
141	141	2 if applicable.
142	142	3 (f) If this Section conflicts with the Freedom of
143	143	4 Information Act relating to a request for production of public
144	144	5 records or the actions of a court, the provisions in this
145	145	6 Section control.
146	146	7 (Source: P.A. 96-1484, eff. 1-1-11.)
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