Illinois 2023-2024 Regular Session

Illinois House Bill HB1244 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: See Index Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act. LRB103 05859 AWJ 50880 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED: See Index See Index Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act. LRB103 05859 AWJ 50880 b LRB103 05859 AWJ 50880 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.
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8	8	A BILL FOR
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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 1. This Act may be referred to as the Illinois
15	15	5 Voting Protection Act.
16	16	6 Section 5. The Election Code is amended by adding Article
17	17	7 3A and Sections 29-21, 29-22, and 29-23 and by changing
18	18	8 Sections 12-1, 17-14, 18-5, and 29-4 as follows:
19	19	9 (10 ILCS 5/Art. 3A heading new)
20	20	10 ARTICLE 3A. RIGHTS OF VOTERS
21	21	11 (10 ILCS 5/3A-1 new)
22	22	12 Sec. 3A-1. Definitions. As used in this Article:
23	23	13 "Covered locality" means a locality or part of a locality
24	24	14 designated by the State Board of Elections as a covered
25	25	15 locality under subsection (a) of Section 3A-15.
26	26	16 "Locality" means the geographic area within which an
27	27	17 election authority operates.
28	28	18 "Protected class" means a group of citizens protected from
29	29	19 discrimination based on race, color, or membership in a
30	30	20 language minority.
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34	34	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
35	35	See Index See Index
36	36	See Index
37	37	Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.
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65	65	1 (10 ILCS 5/3A-5 new)
66	66	2 Sec. 3A-5. Vote denial or dilution.
67	67	3 (a) No voting qualification, prerequisite, standard,
68	68	4 practice, or procedure shall be imposed or applied by the
69	69	5 State or any locality in a manner that results in a denial or
70	70	6 abridgment of the right of any citizen of the United States to
71	71	7 vote based on the citizen's protected class.
72	72	8 (b) A violation of subsection (a) is established if, on
73	73	9 the basis of the totality of the circumstances, it is shown
74	74	10 that the political processes leading to nomination or election
75	75	11 in the State or a locality are not equally open to
76	76	12 participation by members of a protected class. The extent to
77	77	13 which members of a protected class have been elected to office
78	78	14 in the State or locality is one circumstance that may be
79	79	15 considered.
80	80	16 (c) Nothing in this Section shall be construed to
81	81	17 establish a right to have members of a protected class elected
82	82	18 in numbers equal to their proportion in the population.
83	83	19 (10 ILCS 5/3A-10 new)
84	84	20 Sec. 3A-10. Impairment of voting rights of registered
85	85	21 voters. Nothing in this Article shall be construed to deny,
86	86	22 impair, or otherwise adversely affect the right to vote of any
87	87	23 registered voter.
88	88	24 (10 ILCS 5/3A-15 new)
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99	99	1 Sec. 3A-15. Minority language accessibility; covered
100	100	2 locality.
101	101	3 (a) The State Board of Elections shall designate a
102	102	4 locality or a part of a locality as a covered locality if it
103	103	5 determines, in consultation with the Census Bureau of the
104	104	6 United States Department of Commerce and after review of
105	105	7 American Community Survey census data, or comparable census
106	106	8 data, that (i) more than 5% of the citizens of voting age of
107	107	9 the locality or a part of the locality are members of a single
108	108	10 language minority and are unable to speak or understand
109	109	11 English adequately enough to participate in the electoral
110	110	12 process or (ii) more than 10,000 of the citizens of voting age
111	111	13 of the locality or a part of the locality are members of a
112	112	14 single language minority and are unable to speak or understand
113	113	15 English adequately enough to participate in the electoral
114	114	16 process.
115	115	17 (b) Whenever the election authority of a covered locality
116	116	18 provides any voting or election materials, it must provide the
117	117	19 materials in the language of the applicable minority group as
118	118	20 well as in the English language in the covered locality. The
119	119	21 election authority of a covered locality must distribute the
120	120	22 materials in the preferred language identified by the voter in
121	121	23 the covered locality.
122	122	24 As used in this subsection:
123	123	25 "Registration notices" means any notice of voter
124	124	26 registration approval, denial, or cancellation required by
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135	135	1 this Code.
136	136	2 "Voting or election materials" means registration or
137	137	3 voting notices, forms, instructions, assistance, voter
138	138	4 information pamphlets, ballots, sample ballots, candidate
139	139	5 qualification information, and notices regarding changes to
140	140	6 local election districts, precincts, or polling places.
141	141	7 (c) The Attorney General, or any qualified voter who is a
142	142	8 member of a language minority for whom the election authority
143	143	9 of a covered locality is required to provide voting or
144	144	10 election materials in that language, may institute a cause of
145	145	11 action in the circuit court of the covered locality to compel
146	146	12 the provision of the voting or election materials in the
147	147	13 language of the applicable minority group. In the action, the
148	148	14 court may, in its discretion, allow a private, prevailing
149	149	15 plaintiff reasonable attorney's fees as part of the costs.
150	150	16 (10 ILCS 5/3A-20 new)
151	151	17 Sec. 3A-20. Covered practices; actions required before
152	152	18 enactment or administration.
153	153	19 (a) As used in this Section:
154	154	20 "Certification of no objection" means a certification
155	155	21 issued by the Attorney General that there is no objection to
156	156	22 the enactment or administration of a covered practice by the
157	157	23 county board or board of election commissioners of a locality
158	158	24 because the covered practice neither has the purpose or effect
159	159	25 of denying or abridging the right to vote based on a protected
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170	170	1 class nor will result in the retrogression in the position of
171	171	2 members of a racial or ethnic group with respect to exercising
172	172	3 their right to vote.
173	173	4 "Covered practice" means:
174	174	5 (1) any change to the method of election of members of
175	175	6 a governing body or an elected school board by adding
176	176	7 seats elected at large or by converting one or more seats
177	177	8 elected from a single-member district to one or more
178	178	9 at-large seats or seats from a multi-member district;
179	179	10 (2) any change, or series of changes within a 12-month
180	180	11 period, to the boundaries of the locality that reduces by
181	181	12 more than 5 percentage points the proportion of the
182	182	13 locality's voting-age population that is composed of
183	183	14 members of a single racial or language minority, as
184	184	15 determined by the most recent American Community Survey
185	185	16 census data or comparable census data;
186	186	17 (3) any change to the boundaries of election districts
187	187	18 or wards in the locality, including changes made pursuant
188	188	19 to a decennial redistricting measure;
189	189	20 (4) any change that restricts the ability of any
190	190	21 person to provide interpreter services to voters in any
191	191	22 language other than English or that limits or impairs the
192	192	23 creation or distribution of voting or election materials
193	193	24 in any language other than English; or
194	194	25 (5) any change that reduces the number of, or
195	195	26 consolidates or relocates polling places in, the locality,
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206	206	1 except where permitted by law in the event of an
207	207	2 emergency.
208	208	3 "Voting-age population" means the resident population of
209	209	4 persons who are 18 years of age or older, as determined by the
210	210	5 most recent American Community Survey census data, or
211	211	6 comparable census data, available at the time any change to a
212	212	7 covered practice is published pursuant to subsection (b).
213	213	8 (b) Before enacting or seeking to administer a covered
214	214	9 practice that is a voting qualification, prerequisite,
215	215	10 standard, practice, or procedure, the election authority must
216	216	11 publish on the website for the county or election commission,
217	217	12 as applicable, the proposed covered practice and a notice of
218	218	13 opportunity for public comment on the proposed covered
219	219	14 practice. The election authority shall also publicize the
220	220	15 notice through press releases and other media, as the election
221	221	16 authority deems appropriate. The notice shall be made at least
222	222	17 45 days in advance of the last date prescribed in the notice
223	223	18 for public comment.
224	224	19 Public comments shall be accepted for a period of no fewer
225	225	20 than 30 days. During this period, the election authority must
226	226	21 allow interested persons to submit data, views, and arguments
227	227	22 in writing by mail, fax, or email or through an online public
228	228	23 comment forum on the website for the county or election
229	229	24 authority. The county board or board of election commissioners
230	230	25 shall conduct at least one public hearing during this 30-day
231	231	26 period to receive public comments on the proposed covered
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242	242	1 practice.
243	243	2 The county board or board of election commissioners may
244	244	3 make changes to the proposed covered practice in response to
245	245	4 public comments received. If doing so, the revised covered
246	246	5 practice shall be published and public comments shall be
247	247	6 accepted in accordance with this subsection, except the public
248	248	7 comment period shall be no fewer than 15 days.
249	249	8 (c) Following the public comment period or periods
250	250	9 required under subsection (b), the election authority shall
251	251	10 publish the final covered practice, which shall include a
252	252	11 plain English description of the practice and the text of an
253	253	12 ordinance giving effect to the practice, maps of proposed
254	254	13 boundary changes, or other relevant materials, and notice that
255	255	14 the covered practice will take effect in 30 days. During this
256	256	15 30-day waiting period, any person who will be subject to or
257	257	16 affected by the covered practice may challenge in the circuit
258	258	17 court of the locality where the covered practice is to be
259	259	18 implemented the covered practice as (i) having the purpose or
260	260	19 effect of denying or abridging the right to vote on the basis
261	261	20 of a protected class or (ii) resulting in the retrogression in
262	262	21 the position of members of a racial or ethnic group with
263	263	22 respect to exercising their right to vote. In the action, the
264	264	23 court may, in its discretion, allow a prevailing plaintiff
265	265	24 reasonable attorney's fees as part of the costs.
266	266	25 (d) A county board or board of election commissioners
267	267	26 seeking to administer or implement a covered practice, in lieu
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278	278	1 of following subsections (b) and (c), may submit the proposed
279	279	2 covered practice to the Office of the Attorney General for
280	280	3 issuance of a certification of no objection. The covered
281	281	4 practice shall not be given effect until the Attorney General
282	282	5 has issued the certification of no objection. A certification
283	283	6 of no objection shall be deemed to have been issued if the
284	284	7 Attorney General does not submit an objection to the election
285	285	8 authority within 60 days after the county board's or board of
286	286	9 election commissioners' submission or, if, upon good cause
287	287	10 shown and to facilitate an expedited approval within 60 days
288	288	11 after the county board's or board of election commissioners'
289	289	12 submission, the Attorney General has affirmatively indicated
290	290	13 that no objection will be made. An affirmative indication by
291	291	14 the Attorney General that no objection will be made or the
292	292	15 absence of an objection to the covered practice by the
293	293	16 Attorney General does not bar a subsequent action to enjoin
294	294	17 enforcement of the covered practice.
295	295	18 (10 ILCS 5/3A-25 new)
296	296	19 Sec. 3A-25. At-large method of election; limitations;
297	297	20 violations; remedies.
298	298	21 (a) An at-large method of election, including one that
299	299	22 combines at-large elections with district-based or ward-based
300	300	23 elections, shall not be imposed or applied by the election
301	301	24 authority in a manner that impairs the ability of members of a
302	302	25 protected class to elect candidates of its choice or its
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313	313	1 ability to influence the outcome of an election as a result of
314	314	2 the dilution or the abridgment of the rights of voters who are
315	315	3 members of a protected class.
316	316	4 (b) Any voter who is a member of a protected class and who
317	317	5 resides in a locality where a violation of this Section is
318	318	6 alleged may initiate a cause of action in the circuit court of
319	319	7 the locality. In the action, the court may, in its discretion,
320	320	8 allow a prevailing plaintiff reasonable attorney's fees as
321	321	9 part of the costs. A plaintiff may establish a violation of
322	322	10 subsection (a) if the plaintiff shows that racially polarized
323	323	11 voting occurs within the locality and that this, in
324	324	12 combination with the method of election, dilutes the voting
325	325	13 strength of members of a protected class. A finding that
326	326	14 racially polarized voting has occurred is not precluded by the
327	327	15 fact that members of a protected class are not geographically
328	328	16 compact or concentrated in a locality. Proof of an intent on
329	329	17 the part of voters or elected officials to discriminate
330	330	18 against members of a protected class shall not be required to
331	331	19 prove a violation of subsection (a).
332	332	20 Upon a finding of a violation of subsection (a), the court
333	333	21 shall order appropriate remedies that are tailored to remedy
334	334	22 the violation and may monitor the ongoing implementation of
335	335	23 remedies ordered by the court.
336	336	24 As used in this subsection, "racially polarized voting"
337	337	25 refers to the extent to which the candidate preferences of
338	338	26 members of the protected class and other voters in the
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349	349	1 jurisdiction have differed in recent elections for the office
350	350	2 at issue and other offices in which the voters have been
351	351	3 presented with a choice between candidates who are members of
352	352	4 the protected class and candidates who are not members of the
353	353	5 protected class.
354	354	6 (10 ILCS 5/3A-30 new)
355	355	7 Sec. 3A-30. Voter Education and Outreach Fund. There is
356	356	8 hereby created in the State treasury a special fund to be known
357	357	9 as the Voter Outreach and Education Fund. All penalties and
358	358	10 charges directed to the Fund by Section 3A-35 and all other
359	359	11 funds from any public or private source directed to the Fund
360	360	12 shall be paid into the Fund. Interest earned on moneys in the
361	361	13 Fund shall remain in the Fund and be credited to it. Moneys in
362	362	14 the Fund shall be used solely for the purposes of educating
363	363	15 voters and persons qualified to be voters on the rights
364	364	16 ensured to them pursuant to federal and State constitutional
365	365	17 and statutory law and remedies.
366	366	18 (10 ILCS 5/3A-35 new)
367	367	19 Sec. 3A-35. Civil actions by Attorney General.
368	368	20 (a) Whenever the Attorney General has reasonable cause to
369	369	21 believe that a violation of this Article has occurred and that
370	370	22 the rights of any voter or group of voters have been affected
371	371	23 by the violation, the Attorney General may commence a civil
372	372	24 action in the appropriate circuit court for appropriate
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383	383	1 relief.
384	384	2 (b) In the civil action, the court may do either of the
385	385	3 following:
386	386	4 (1) Award preventive relief as is necessary to assure
387	387	5 the full enjoyment of the rights granted by this Code,
388	388	6 including an injunction, restraining order, or other order
389	389	7 against the person or persons responsible for a violation
390	390	8 of this Article.
391	391	9 (2) Assess a civil penalty against the person or
392	392	10 persons responsible for a violation of this Article in an
393	393	11 amount not exceeding $50,000 for a first violation and in
394	394	12 an amount not exceeding $100,000 for any subsequent
395	395	13 violation. The civil penalties are payable into the Voter
396	396	14 Education and Outreach Fund.
397	397	15 (3) Award a prevailing plaintiff reasonable attorney's
398	398	16 fees and costs.
399	399	17 (c) The court or jury may award such other relief to an
400	400	18 aggrieved person as the court deems appropriate, including
401	401	19 compensatory damages and punitive damages.
402	402	20 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
403	403	21 Sec. 12-1. At least 60 days prior to each general and
404	404	22 consolidated election, the election authority shall provide
405	405	23 public notice, calculated to reach elderly voters and voters
406	406	24 with disabilities, of the availability of registration and
407	407	25 voting aids under the Federal Voting Accessibility for the
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418	418	1 Elderly and Handicapped Act, of the availability of assistance
419	419	2 in marking the ballot, procedures for voting by vote by mail
420	420	3 ballot, and procedures for voting early by personal
421	421	4 appearance. The public notice shall also provide information
422	422	5 where persons can view the election authority's covered
423	423	6 practices under Section 3A-20.
424	424	7 At least 30 days before any general election, and at least
425	425	8 20 days before any special congressional election, the county
426	426	9 clerk shall publish a notice of the election in 2 or more
427	427	10 newspapers published in the county, city, village,
428	428	11 incorporated town or town, as the case may be, or if there is
429	429	12 no such newspaper, then in any 2 or more newspapers published
430	430	13 in the county and having a general circulation throughout the
431	431	14 community. The notice may be substantially as follows:
432	432	15 Notice is hereby given that on (give date), at (give the
433	433	16 place of holding the election and the name of the precinct or
434	434	17 district) in the county of (name county), an election will be
435	435	18 held for (give the title of the several offices to be filled),
436	436	19 which election will be open at 6:00 a.m. and continued open
437	437	20 until 7:00 p.m. of that day.
438	438	21 Dated at .... on (insert date).
439	439	22 (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
440	440	23 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
441	441	24 Sec. 17-14. Any voter who declares upon oath, properly
442	442	25 witnessed and with his or her signature or mark affixed, that
443	443
444	444
445	445
446	446
447	447
448	448	HB1244 - 12 - LRB103 05859 AWJ 50880 b
449	449
450	450
451	451	HB1244- 13 -LRB103 05859 AWJ 50880 b HB1244 - 13 - LRB103 05859 AWJ 50880 b
452	452	HB1244 - 13 - LRB103 05859 AWJ 50880 b
453	453	1 he or she requires assistance to vote by reason of blindness,
454	454	2 physical disability or inability to read, write or speak the
455	455	3 English language shall, upon request, be assisted in marking
456	456	4 his or her ballot, by 2 judges of election of different
457	457	5 political parties, to be selected by all judges of election of
458	458	6 each precinct at the opening of the polls or by a person of the
459	459	7 voter's choice, other than the voter's employer or agent of
460	460	8 that employer or officer or agent of the voter's union. A voter
461	461	9 who presents an Illinois Person with a Disability
462	462	10 Identification Card, issued to that person under the
463	463	11 provisions of the Illinois Identification Card Act, indicating
464	464	12 that such voter has a Class 1A or Class 2 disability under the
465	465	13 provisions of Section 4A of the Illinois Identification Card
466	466	14 Act, or a voter who declares upon oath, properly witnessed,
467	467	15 that by reason of any physical disability he is unable to mark
468	468	16 his ballot shall, upon request, be assisted in marking his
469	469	17 ballot by 2 of the election officers of different parties as
470	470	18 provided above in this Section or by a person of the voter's
471	471	19 choice other than the voter's employer or agent of that
472	472	20 employer or officer or agent of the voter's union. Such voter
473	473	21 shall state specifically the reason why he cannot vote without
474	474	22 assistance and, in the case of a voter with a physical
475	475	23 disability, what his physical disability is. Prior to entering
476	476	24 the voting booth, the person providing the assistance, if
477	477	25 other than 2 judges of election, shall be presented with
478	478	26 written instructions on how assistance shall be provided. This
479	479
480	480
481	481
482	482
483	483
484	484	HB1244 - 13 - LRB103 05859 AWJ 50880 b
485	485
486	486
487	487	HB1244- 14 -LRB103 05859 AWJ 50880 b HB1244 - 14 - LRB103 05859 AWJ 50880 b
488	488	HB1244 - 14 - LRB103 05859 AWJ 50880 b
489	489	1 instruction shall be prescribed by the State Board of
490	490	2 Elections and shall include the penalties for attempting to
491	491	3 influence the voter's choice of candidates, party, or votes in
492	492	4 relation to any question on the ballot and for not marking the
493	493	5 ballot as directed by the voter. Additionally, the person
494	494	6 providing the assistance shall sign an oath, swearing not to
495	495	7 influence the voter's choice of candidates, party, or votes in
496	496	8 relation to any question on the ballot and to cast the ballot
497	497	9 as directed by the voter. The oath shall be prescribed by the
498	498	10 State Board of Elections and shall include the penalty for
499	499	11 violating this Section. In the voting booth, such person shall
500	500	12 mark the ballot as directed by the voter, and shall thereafter
501	501	13 give no information regarding the same. The judges of election
502	502	14 shall enter upon the poll lists or official poll record after
503	503	15 the name of any elector who received such assistance in
504	504	16 marking his ballot a memorandum of the fact and if the
505	505	17 disability is permanent. Intoxication shall not be regarded as
506	506	18 a physical disability, and no intoxicated person shall be
507	507	19 entitled to assistance in marking his ballot.
508	508	20 If the voter requires assistance in a language other than
509	509	21 English and has not designated a person to provide assistance,
510	510	22 an election officer may assist as an interpreter but shall
511	511	23 first inquire of those authorized to be present whether they
512	512	24 have a volunteer available who can interpret for the voter.
513	513	25 One representative for each party or candidate, insofar as
514	514	26 available, shall be permitted to observe the election officer
515	515
516	516
517	517
518	518
519	519
520	520	HB1244 - 14 - LRB103 05859 AWJ 50880 b
521	521
522	522
523	523	HB1244- 15 -LRB103 05859 AWJ 50880 b HB1244 - 15 - LRB103 05859 AWJ 50880 b
524	524	HB1244 - 15 - LRB103 05859 AWJ 50880 b
525	525	1 communicate with the voter. In any locality designated as a
526	526	2 covered locality under Section 3A-15, the local election
527	527	3 authority shall ensure that interpretation services in the
528	528	4 language of the applicable minority group are available and
529	529	5 easily accessible to voters needing assistance pursuant to
530	530	6 this subsection.
531	531	7 No person shall secure or attempt to secure assistance in
532	532	8 voting who is not blind, a person with a physical disability,
533	533	9 or illiterate as herein provided, nor shall any person
534	534	10 knowingly assist a voter in voting contrary to the provisions
535	535	11 of this Section.
536	536	12 (Source: P.A. 99-143, eff. 7-27-15.)
537	537	13 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
538	538	14 Sec. 18-5. Any person desiring to vote and whose name is
539	539	15 found upon the register of voters by the person having charge
540	540	16 thereof, shall then be questioned by one of the judges as to
541	541	17 his nativity, his term of residence at present address,
542	542	18 precinct, State and United States, his age, whether
543	543	19 naturalized and if so the date of naturalization papers and
544	544	20 court from which secured, and he shall be asked to state his
545	545	21 residence when last previously registered and the date of the
546	546	22 election for which he then registered. The judges of elections
547	547	23 shall check each application for ballot against the list of
548	548	24 voters registered in that precinct to whom grace period, vote
549	549	25 by mail, and early ballots have been issued for that election,
550	550
551	551
552	552
553	553
554	554
555	555	HB1244 - 15 - LRB103 05859 AWJ 50880 b
556	556
557	557
558	558	HB1244- 16 -LRB103 05859 AWJ 50880 b HB1244 - 16 - LRB103 05859 AWJ 50880 b
559	559	HB1244 - 16 - LRB103 05859 AWJ 50880 b
560	560	1 which shall be provided by the election authority and which
561	561	2 list shall be available for inspection by pollwatchers. A
562	562	3 voter applying to vote in the precinct on election day whose
563	563	4 name appears on the list as having been issued a grace period,
564	564	5 vote by mail, or early ballot shall not be permitted to vote in
565	565	6 the precinct, except that a voter to whom a vote by mail ballot
566	566	7 was issued may vote in the precinct if the voter submits to the
567	567	8 election judges that vote by mail ballot for cancellation. If
568	568	9 the voter is unable to submit the vote by mail ballot, it shall
569	569	10 be sufficient for the voter to submit to the election judges
570	570	11 (i) a portion of the vote by mail ballot if the vote by mail
571	571	12 ballot was torn or mutilated or (ii) an affidavit executed
572	572	13 before the election judges specifying that (A) the voter never
573	573	14 received a vote by mail ballot or (B) the voter completed and
574	574	15 returned a vote by mail ballot and was informed that the
575	575	16 election authority did not receive that vote by mail ballot.
576	576	17 If such person so registered shall be challenged as
577	577	18 disqualified, the party challenging shall assign his reasons
578	578	19 therefor, and thereupon one of the judges shall administer to
579	579	20 him an oath to answer questions, and if he shall take the oath
580	580	21 he shall then be questioned by the judge or judges touching
581	581	22 such cause of challenge, and touching any other cause of
582	582	23 disqualification. And he may also be questioned by the person
583	583	24 challenging him in regard to his qualifications and identity.
584	584	25 But if a majority of the judges are of the opinion that he is
585	585	26 the person so registered and a qualified voter, his vote shall
586	586
587	587
588	588
589	589
590	590
591	591	HB1244 - 16 - LRB103 05859 AWJ 50880 b
592	592
593	593
594	594	HB1244- 17 -LRB103 05859 AWJ 50880 b HB1244 - 17 - LRB103 05859 AWJ 50880 b
595	595	HB1244 - 17 - LRB103 05859 AWJ 50880 b
596	596	1 then be received accordingly. But if his vote be rejected by
597	597	2 such judges, such person may afterward produce and deliver an
598	598	3 affidavit to such judges, subscribed and sworn to by him
599	599	4 before one of the judges, in which it shall be stated how long
600	600	5 he has resided in such precinct, and state; that he is a
601	601	6 citizen of the United States, and is a duly qualified voter in
602	602	7 such precinct, and that he is the identical person so
603	603	8 registered. In addition to such an affidavit, the person so
604	604	9 challenged shall provide to the judges of election proof of
605	605	10 residence by producing 2 forms of identification showing the
606	606	11 person's current residence address, provided that such
607	607	12 identification may include a lease or contract for a residence
608	608	13 and not more than one piece of mail addressed to the person at
609	609	14 his current residence address and postmarked not earlier than
610	610	15 30 days prior to the date of the election, or the person shall
611	611	16 procure a witness personally known to the judges of election,
612	612	17 and resident in the precinct (or district), or who shall be
613	613	18 proved by some legal voter of such precinct or district, known
614	614	19 to the judges to be such, who shall take the oath following,
615	615	20 viz:
616	616	21 I do solemnly swear (or affirm) that I am a resident of
617	617	22 this election precinct (or district), and entitled to vote at
618	618	23 this election, and that I have been a resident of this State
619	619	24 for 30 days last past, and am well acquainted with the person
620	620	25 whose vote is now offered; that he is an actual and bona fide
621	621	26 resident of this election precinct (or district), and has
622	622
623	623
624	624
625	625
626	626
627	627	HB1244 - 17 - LRB103 05859 AWJ 50880 b
628	628
629	629
630	630	HB1244- 18 -LRB103 05859 AWJ 50880 b HB1244 - 18 - LRB103 05859 AWJ 50880 b
631	631	HB1244 - 18 - LRB103 05859 AWJ 50880 b
632	632	1 resided herein 30 days, and as I verily believe, in this State,
633	633	2 30 days next preceding this election.
634	634	3 The oath in each case may be administered by one of the
635	635	4 judges of election, or by any officer, resident in the
636	636	5 precinct or district, authorized by law to administer oaths.
637	637	6 Also supported by an affidavit by a registered voter residing
638	638	7 in such precinct, stating his own residence, and that he knows
639	639	8 such person; and that he does reside at the place mentioned and
640	640	9 has resided in such precinct and state for the length of time
641	641	10 as stated by such person, which shall be subscribed and sworn
642	642	11 to in the same way. For purposes of this Section, the
643	643	12 submission of a photo identification issued by a college or
644	644	13 university, accompanied by either (i) a copy of the
645	645	14 applicant's contract or lease for a residence or (ii) one
646	646	15 piece of mail addressed to the person at his or her current
647	647	16 residence address and postmarked not earlier than 30 days
648	648	17 prior to the date of the election, shall be sufficient to
649	649	18 establish proof of residence. Whereupon the vote of such
650	650	19 person shall be received, and entered as other votes. But such
651	651	20 judges, having charge of such registers, shall state in their
652	652	21 respective books the facts in such case, and the affidavits,
653	653	22 so delivered to the judges, shall be preserved and returned to
654	654	23 the office of the commissioners of election. Blank affidavits
655	655	24 of the character aforesaid shall be sent out to the judges of
656	656	25 all the precincts, and the judges of election shall furnish
657	657	26 the same on demand and administer the oaths without criticism.
658	658
659	659
660	660
661	661
662	662
663	663	HB1244 - 18 - LRB103 05859 AWJ 50880 b
664	664
665	665
666	666	HB1244- 19 -LRB103 05859 AWJ 50880 b HB1244 - 19 - LRB103 05859 AWJ 50880 b
667	667	HB1244 - 19 - LRB103 05859 AWJ 50880 b
668	668	1 Such oaths, if administered by any other officer than such
669	669	2 judge of election, shall not be received. Whenever a proposal
670	670	3 for a constitutional amendment or for the calling of a
671	671	4 constitutional convention is to be voted upon at the election,
672	672	5 the separate blue ballot or ballots pertaining thereto shall
673	673	6 be placed on top of the other ballots to be voted at the
674	674	7 election in such manner that the legend appearing on the back
675	675	8 thereof, as prescribed in Section 16-6 of this Act, shall be
676	676	9 plainly visible to the voter, and in this fashion the ballots
677	677	10 shall be handed to the voter by the judge.
678	678	11 If the voter requires assistance in a language other than
679	679	12 English and has not designated a person to assist him, an
680	680	13 election officer may assist as an interpreter but shall first
681	681	14 inquire of those authorized to be present whether they have a
682	682	15 volunteer available who can interpret for the voter. One
683	683	16 representative for each party or candidate, insofar as
684	684	17 available, shall be permitted to observe the election officer
685	685	18 communicate with the voter. In any locality designated as a
686	686	19 covered locality under Section 3A-15, the local election
687	687	20 authority shall ensure that interpretation services in the
688	688	21 language of the applicable minority group are available and
689	689	22 easily accessible to voters needing assistance pursuant to
690	690	23 this subsection.
691	691	24 Immediately after voting, the voter shall be instructed
692	692	25 whether the voting equipment, if used, accepted or rejected
693	693	26 the ballot or identified the ballot as under-voted. A voter
694	694
695	695
696	696
697	697
698	698
699	699	HB1244 - 19 - LRB103 05859 AWJ 50880 b
700	700
701	701
702	702	HB1244- 20 -LRB103 05859 AWJ 50880 b HB1244 - 20 - LRB103 05859 AWJ 50880 b
703	703	HB1244 - 20 - LRB103 05859 AWJ 50880 b
704	704	1 whose ballot is identified as under-voted for a statewide
705	705	2 constitutional office may return to the voting booth and
706	706	3 complete the voting of that ballot. A voter whose ballot is not
707	707	4 accepted by the voting equipment may, upon surrendering the
708	708	5 ballot, request and vote another ballot. The voter's
709	709	6 surrendered ballot shall be initialed by the election judge
710	710	7 and handled as provided in the appropriate Article governing
711	711	8 that voting equipment.
712	712	9 The voter shall, upon quitting the voting booth, deliver
713	713	10 to one of the judges of election all of the ballots, properly
714	714	11 folded, which he received. The judge of election to whom the
715	715	12 voter delivers his ballots shall not accept the same unless
716	716	13 all of the ballots given to the voter are returned by him. If a
717	717	14 voter delivers less than all of the ballots given to him, the
718	718	15 judge to whom the same are offered shall advise him in a voice
719	719	16 clearly audible to the other judges of election that the voter
720	720	17 must return the remainder of the ballots. The statement of the
721	721	18 judge to the voter shall clearly express the fact that the
722	722	19 voter is not required to vote such remaining ballots but that
723	723	20 whether or not he votes them he must fold and deliver them to
724	724	21 the judge. In making such statement the judge of election
725	725	22 shall not indicate by word, gesture or intonation of voice
726	726	23 that the unreturned ballots shall be voted in any particular
727	727	24 manner. No new voter shall be permitted to enter the voting
728	728	25 booth of a voter who has failed to deliver the total number of
729	729	26 ballots received by him until such voter has returned to the
730	730
731	731
732	732
733	733
734	734
735	735	HB1244 - 20 - LRB103 05859 AWJ 50880 b
736	736
737	737
738	738	HB1244- 21 -LRB103 05859 AWJ 50880 b HB1244 - 21 - LRB103 05859 AWJ 50880 b
739	739	HB1244 - 21 - LRB103 05859 AWJ 50880 b
740	740	1 voting booth pursuant to the judge's request and again quit
741	741	2 the booth with all of the ballots required to be returned by
742	742	3 him. Upon receipt of all such ballots the judges of election
743	743	4 shall enter the name of the voter, and his number, as above
744	744	5 provided in this Section, and the judge to whom the ballots are
745	745	6 delivered shall immediately put the ballots into the ballot
746	746	7 box. If any voter who has failed to deliver all the ballots
747	747	8 received by him refuses to return to the voting booth after
748	748	9 being advised by the judge of election as herein provided, the
749	749	10 judge shall inform the other judges of such refusal, and
750	750	11 thereupon the ballot or ballots returned to the judge shall be
751	751	12 deposited in the ballot box, the voter shall be permitted to
752	752	13 depart from the polling place, and a new voter shall be
753	753	14 permitted to enter the voting booth.
754	754	15 The judge of election who receives the ballot or ballots
755	755	16 from the voter shall announce the residence and name of such
756	756	17 voter in a loud voice. The judge shall put the ballot or
757	757	18 ballots received from the voter into the ballot box in the
758	758	19 presence of the voter and the judges of election, and in plain
759	759	20 view of the public. The judges having charge of such registers
760	760	21 shall then, in a column prepared thereon, in the same line of,
761	761	22 the name of the voter, mark "Voted" or the letter "V".
762	762	23 No judge of election shall accept from any voter less than
763	763	24 the full number of ballots received by such voter without
764	764	25 first advising the voter in the manner above provided of the
765	765	26 necessity of returning all of the ballots, nor shall any such
766	766
767	767
768	768
769	769
770	770
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772	772
773	773
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775	775	HB1244 - 22 - LRB103 05859 AWJ 50880 b
776	776	1 judge advise such voter in a manner contrary to that which is
777	777	2 herein permitted, or in any other manner violate the
778	778	3 provisions of this Section; provided, that the acceptance by a
779	779	4 judge of election of less than the full number of ballots
780	780	5 delivered to a voter who refuses to return to the voting booth
781	781	6 after being properly advised by such judge shall not be a
782	782	7 violation of this Section.
783	783	8 (Source: P.A. 98-1171, eff. 6-1-15.)
784	784	9 (10 ILCS 5/29-4) (from Ch. 46, par. 29-4)
785	785	10 Sec. 29-4. Prevention of voting or candidate support.
786	786	11 (a) Any person who, by force, intimidation, threat,
787	787	12 deception or forgery, knowingly prevents any other person from
788	788	13 (a) registering to vote, or (b) lawfully voting, supporting or
789	789	14 opposing the nomination or election of any person for public
790	790	15 office or any public question voted upon at any election,
791	791	16 shall be guilty of a Class 4 felony.
792	792	17 (b) In addition to the criminal penalty provided in
793	793	18 subsection (a), violation of subsection (a) also creates a
794	794	19 civil cause of action. A voter who is intimidated, threatened,
795	795	20 or coerced by another person who is violating subsection (a)
796	796	21 may institute an action for an injunction, restraining order,
797	797	22 or other relief by the court against the person who violated
798	798	23 subsection (a). The action must be instituted in the circuit
799	799	24 court of the locality where the violation occurred or in which
800	800	25 the voter resides. In an action, the court may, in its
801	801
802	802
803	803
804	804
805	805
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807	807
808	808
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810	810	HB1244 - 23 - LRB103 05859 AWJ 50880 b
811	811	1 discretion, allow a prevailing plaintiff reasonable attorney's
812	812	2 fees as part of the costs.
813	813	3 (c) This Section applies to any election and to any method
814	814	4 used by a political party for selection of its nominees and for
815	815	5 selection of delegates to its conventions and meetings.
816	816	6 (Source: P.A. 78-887.)
817	817	7 (10 ILCS 5/29-21 new)
818	818	8 Sec. 29-21. Intimidation of election officers. Any person
819	819	9 who, by bribery, intimidation, threats, coercion, or other
820	820	10 means in violation of this Code, willfully hinders or
821	821	11 prevents, or attempts to hinder or prevent, the election
822	822	12 officers at any polling place, including an early voting
823	823	13 polling place and any or other location being used by a
824	824	14 locality for voting purposes, from holding an election is
825	825	15 guilty of a Class 4 felony.
826	826	16 (10 ILCS 5/29-22 new)
827	827	17 Sec. 29-22. Communication of false information to
828	828	18 registered voter.
829	829	19 (a) It shall be unlawful for any person to communicate to a
830	830	20 registered voter, by any means, false information about (i)
831	831	21 the date, time, and place of the election, (ii) the voter's
832	832	22 precinct, polling place, or voter registration status, (iii)
833	833	23 or the location of early voting polling places if the person
834	834	24 knows the information to be false and is intending to impede
835	835
836	836
837	837
838	838
839	839
840	840	HB1244 - 23 - LRB103 05859 AWJ 50880 b
841	841
842	842
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844	844	HB1244 - 24 - LRB103 05859 AWJ 50880 b
845	845	1 the voter in the exercise of the voter's right to vote.
846	846	2 (b) Any person who violates the provisions of this Section
847	847	3 is guilty of a Class A misdemeanor. The violation may be
848	848	4 prosecuted either in the jurisdiction from which the
849	849	5 communication was made or in the jurisdiction in which the
850	850	6 communication was received.
851	851	7 (c) In addition to the criminal penalty provided in
852	852	8 subsection (b), a violation of the provisions of this Section
853	853	9 also creates a civil cause of action. A registered voter to
854	854	10 whom the false information is communicated may institute an
855	855	11 action for an injunction, restraining order, or any other
856	856	12 relief by the court against the person communicating the false
857	857	13 information. The action may be instituted in the circuit court
858	858	14 of either the jurisdiction from which the communication was
859	859	15 made or the jurisdiction in which the communication was
860	860	16 received. In any action, the court may, in its discretion,
861	861	17 allow a prevailing plaintiff reasonable attorney's fees as
862	862	18 part of the costs.
863	863	19 (10 ILCS 5/29-23 new)
864	864	20 Sec. 29-23. Interference with voting.
865	865	21 (a) Any person acting under the color of law who, contrary
866	866	22 to an official policy or procedure, fails or refuses to permit
867	867	23 a qualified voter to vote, or who willfully fails or refuses to
868	868	24 tabulate, count, or report the vote of a qualified voter, is
869	869	25 subject to a civil penalty in an amount not exceeding $1,000
870	870
871	871
872	872
873	873
874	874
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876	876
877	877
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879	879	HB1244 - 25 - LRB103 05859 AWJ 50880 b
880	880	1 for each affected voter. The Attorney General may bring an
881	881	2 action to enforce the provisions of this subsection. The civil
882	882	3 penalties shall be payable into the Voter Education and
883	883	4 Outreach Fund.
884	884	5 (b) Any person who (i) furnishes a ballot to a voter who
885	885	6 the person knows cannot understand the language in which the
886	886	7 ballot is printed and misinforms the voter as to the content of
887	887	8 the ballot with an intent to deceive the voter and induce the
888	888	9 voter to vote contrary to the voter's desire or (ii) changes a
889	889	10 ballot of a voter to prevent the person from voting as he
890	890	11 desires is guilty of a Class A misdemeanor. This subsection
891	891	12 applies to any election and to any method used by a political
892	892	13 party for selection of its nominees and for selection of
893	893	14 delegates to its conventions and meetings.
894	894	15 Section 10. The State Finance Act is amended by adding
895	895	16 Section 5.990 as follows:
896	896	17 (30 ILCS 105/5.990 new)
897	897	18 Sec. 5.990. The Voter Education and Outreach Fund.
898	898	HB1244- 26 -LRB103 05859 AWJ 50880 b 1 INDEX 2 Statutes amended in order of appearance HB1244- 26 -LRB103 05859 AWJ 50880 b HB1244 - 26 - LRB103 05859 AWJ 50880 b 1 INDEX 2 Statutes amended in order of appearance
899	899	HB1244- 26 -LRB103 05859 AWJ 50880 b HB1244 - 26 - LRB103 05859 AWJ 50880 b
900	900	HB1244 - 26 - LRB103 05859 AWJ 50880 b
901	901	1 INDEX
902	902	2 Statutes amended in order of appearance
903	903
904	904
905	905
906	906
907	907
908	908	HB1244 - 25 - LRB103 05859 AWJ 50880 b
909	909
910	910
911	911
912	912	HB1244- 26 -LRB103 05859 AWJ 50880 b HB1244 - 26 - LRB103 05859 AWJ 50880 b
913	913	HB1244 - 26 - LRB103 05859 AWJ 50880 b
914	914	1 INDEX
915	915	2 Statutes amended in order of appearance
916	916
917	917
918	918
919	919
920	920
921	921	HB1244 - 26 - LRB103 05859 AWJ 50880 b