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
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. This Act may be referred to as the Illinois
5 Voting Protection Act.
6 Section 5. The Election Code is amended by adding Article
7 3A and Sections 29-21, 29-22, and 29-23 and by changing
8 Sections 12-1, 17-14, 18-5, and 29-4 as follows:
9 (10 ILCS 5/Art. 3A heading new)
10 ARTICLE 3A. RIGHTS OF VOTERS
11 (10 ILCS 5/3A-1 new)
12 Sec. 3A-1. Definitions. As used in this Article:
13 "Covered locality" means a locality or part of a locality
14 designated by the State Board of Elections as a covered
15 locality under subsection (a) of Section 3A-15.
16 "Locality" means the geographic area within which an
17 election authority operates.
18 "Protected class" means a group of citizens protected from
19 discrimination based on race, color, or membership in a
20 language minority.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
See Index 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.
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A BILL FOR
See Index
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1 (10 ILCS 5/3A-5 new)
2 Sec. 3A-5. Vote denial or dilution.
3 (a) No voting qualification, prerequisite, standard,
4 practice, or procedure shall be imposed or applied by the
5 State or any locality in a manner that results in a denial or
6 abridgment of the right of any citizen of the United States to
7 vote based on the citizen's protected class.
8 (b) A violation of subsection (a) is established if, on
9 the basis of the totality of the circumstances, it is shown
10 that the political processes leading to nomination or election
11 in the State or a locality are not equally open to
12 participation by members of a protected class. The extent to
13 which members of a protected class have been elected to office
14 in the State or locality is one circumstance that may be
15 considered.
16 (c) Nothing in this Section shall be construed to
17 establish a right to have members of a protected class elected
18 in numbers equal to their proportion in the population.
19 (10 ILCS 5/3A-10 new)
20 Sec. 3A-10. Impairment of voting rights of registered
21 voters. Nothing in this Article shall be construed to deny,
22 impair, or otherwise adversely affect the right to vote of any
23 registered voter.
24 (10 ILCS 5/3A-15 new)
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1 Sec. 3A-15. Minority language accessibility; covered
2 locality.
3 (a) The State Board of Elections shall designate a
4 locality or a part of a locality as a covered locality if it
5 determines, in consultation with the Census Bureau of the
6 United States Department of Commerce and after review of
7 American Community Survey census data, or comparable census
8 data, that (i) more than 5% of the citizens of voting age of
9 the locality or a part of the locality are members of a single
10 language minority and are unable to speak or understand
11 English adequately enough to participate in the electoral
12 process or (ii) more than 10,000 of the citizens of voting age
13 of the locality or a part of the locality are members of a
14 single language minority and are unable to speak or understand
15 English adequately enough to participate in the electoral
16 process.
17 (b) Whenever the election authority of a covered locality
18 provides any voting or election materials, it must provide the
19 materials in the language of the applicable minority group as
20 well as in the English language in the covered locality. The
21 election authority of a covered locality must distribute the
22 materials in the preferred language identified by the voter in
23 the covered locality.
24 As used in this subsection:
25 "Registration notices" means any notice of voter
26 registration approval, denial, or cancellation required by
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1 this Code.
2 "Voting or election materials" means registration or
3 voting notices, forms, instructions, assistance, voter
4 information pamphlets, ballots, sample ballots, candidate
5 qualification information, and notices regarding changes to
6 local election districts, precincts, or polling places.
7 (c) The Attorney General, or any qualified voter who is a
8 member of a language minority for whom the election authority
9 of a covered locality is required to provide voting or
10 election materials in that language, may institute a cause of
11 action in the circuit court of the covered locality to compel
12 the provision of the voting or election materials in the
13 language of the applicable minority group. In the action, the
14 court may, in its discretion, allow a private, prevailing
15 plaintiff reasonable attorney's fees as part of the costs.
16 (10 ILCS 5/3A-20 new)
17 Sec. 3A-20. Covered practices; actions required before
18 enactment or administration.
19 (a) As used in this Section:
20 "Certification of no objection" means a certification
21 issued by the Attorney General that there is no objection to
22 the enactment or administration of a covered practice by the
23 county board or board of election commissioners of a locality
24 because the covered practice neither has the purpose or effect
25 of denying or abridging the right to vote based on a protected
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1 class nor will result in the retrogression in the position of
2 members of a racial or ethnic group with respect to exercising
3 their right to vote.
4 "Covered practice" means:
5 (1) any change to the method of election of members of
6 a governing body or an elected school board by adding
7 seats elected at large or by converting one or more seats
8 elected from a single-member district to one or more
9 at-large seats or seats from a multi-member district;
10 (2) any change, or series of changes within a 12-month
11 period, to the boundaries of the locality that reduces by
12 more than 5 percentage points the proportion of the
13 locality's voting-age population that is composed of
14 members of a single racial or language minority, as
15 determined by the most recent American Community Survey
16 census data or comparable census data;
17 (3) any change to the boundaries of election districts
18 or wards in the locality, including changes made pursuant
19 to a decennial redistricting measure;
20 (4) any change that restricts the ability of any
21 person to provide interpreter services to voters in any
22 language other than English or that limits or impairs the
23 creation or distribution of voting or election materials
24 in any language other than English; or
25 (5) any change that reduces the number of, or
26 consolidates or relocates polling places in, the locality,
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1 except where permitted by law in the event of an
2 emergency.
3 "Voting-age population" means the resident population of
4 persons who are 18 years of age or older, as determined by the
5 most recent American Community Survey census data, or
6 comparable census data, available at the time any change to a
7 covered practice is published pursuant to subsection (b).
8 (b) Before enacting or seeking to administer a covered
9 practice that is a voting qualification, prerequisite,
10 standard, practice, or procedure, the election authority must
11 publish on the website for the county or election commission,
12 as applicable, the proposed covered practice and a notice of
13 opportunity for public comment on the proposed covered
14 practice. The election authority shall also publicize the
15 notice through press releases and other media, as the election
16 authority deems appropriate. The notice shall be made at least
17 45 days in advance of the last date prescribed in the notice
18 for public comment.
19 Public comments shall be accepted for a period of no fewer
20 than 30 days. During this period, the election authority must
21 allow interested persons to submit data, views, and arguments
22 in writing by mail, fax, or email or through an online public
23 comment forum on the website for the county or election
24 authority. The county board or board of election commissioners
25 shall conduct at least one public hearing during this 30-day
26 period to receive public comments on the proposed covered
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1 practice.
2 The county board or board of election commissioners may
3 make changes to the proposed covered practice in response to
4 public comments received. If doing so, the revised covered
5 practice shall be published and public comments shall be
6 accepted in accordance with this subsection, except the public
7 comment period shall be no fewer than 15 days.
8 (c) Following the public comment period or periods
9 required under subsection (b), the election authority shall
10 publish the final covered practice, which shall include a
11 plain English description of the practice and the text of an
12 ordinance giving effect to the practice, maps of proposed
13 boundary changes, or other relevant materials, and notice that
14 the covered practice will take effect in 30 days. During this
15 30-day waiting period, any person who will be subject to or
16 affected by the covered practice may challenge in the circuit
17 court of the locality where the covered practice is to be
18 implemented the covered practice as (i) having the purpose or
19 effect of denying or abridging the right to vote on the basis
20 of a protected class or (ii) resulting in the retrogression in
21 the position of members of a racial or ethnic group with
22 respect to exercising their right to vote. In the action, the
23 court may, in its discretion, allow a prevailing plaintiff
24 reasonable attorney's fees as part of the costs.
25 (d) A county board or board of election commissioners
26 seeking to administer or implement a covered practice, in lieu
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1 of following subsections (b) and (c), may submit the proposed
2 covered practice to the Office of the Attorney General for
3 issuance of a certification of no objection. The covered
4 practice shall not be given effect until the Attorney General
5 has issued the certification of no objection. A certification
6 of no objection shall be deemed to have been issued if the
7 Attorney General does not submit an objection to the election
8 authority within 60 days after the county board's or board of
9 election commissioners' submission or, if, upon good cause
10 shown and to facilitate an expedited approval within 60 days
11 after the county board's or board of election commissioners'
12 submission, the Attorney General has affirmatively indicated
13 that no objection will be made. An affirmative indication by
14 the Attorney General that no objection will be made or the
15 absence of an objection to the covered practice by the
16 Attorney General does not bar a subsequent action to enjoin
17 enforcement of the covered practice.
18 (10 ILCS 5/3A-25 new)
19 Sec. 3A-25. At-large method of election; limitations;
20 violations; remedies.
21 (a) An at-large method of election, including one that
22 combines at-large elections with district-based or ward-based
23 elections, shall not be imposed or applied by the election
24 authority in a manner that impairs the ability of members of a
25 protected class to elect candidates of its choice or its
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1 ability to influence the outcome of an election as a result of
2 the dilution or the abridgment of the rights of voters who are
3 members of a protected class.
4 (b) Any voter who is a member of a protected class and who
5 resides in a locality where a violation of this Section is
6 alleged may initiate a cause of action in the circuit court of
7 the locality. In the action, the court may, in its discretion,
8 allow a prevailing plaintiff reasonable attorney's fees as
9 part of the costs. A plaintiff may establish a violation of
10 subsection (a) if the plaintiff shows that racially polarized
11 voting occurs within the locality and that this, in
12 combination with the method of election, dilutes the voting
13 strength of members of a protected class. A finding that
14 racially polarized voting has occurred is not precluded by the
15 fact that members of a protected class are not geographically
16 compact or concentrated in a locality. Proof of an intent on
17 the part of voters or elected officials to discriminate
18 against members of a protected class shall not be required to
19 prove a violation of subsection (a).
20 Upon a finding of a violation of subsection (a), the court
21 shall order appropriate remedies that are tailored to remedy
22 the violation and may monitor the ongoing implementation of
23 remedies ordered by the court.
24 As used in this subsection, "racially polarized voting"
25 refers to the extent to which the candidate preferences of
26 members of the protected class and other voters in the
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1 jurisdiction have differed in recent elections for the office
2 at issue and other offices in which the voters have been
3 presented with a choice between candidates who are members of
4 the protected class and candidates who are not members of the
5 protected class.
6 (10 ILCS 5/3A-30 new)
7 Sec. 3A-30. Voter Education and Outreach Fund. There is
8 hereby created in the State treasury a special fund to be known
9 as the Voter Outreach and Education Fund. All penalties and
10 charges directed to the Fund by Section 3A-35 and all other
11 funds from any public or private source directed to the Fund
12 shall be paid into the Fund. Interest earned on moneys in the
13 Fund shall remain in the Fund and be credited to it. Moneys in
14 the Fund shall be used solely for the purposes of educating
15 voters and persons qualified to be voters on the rights
16 ensured to them pursuant to federal and State constitutional
17 and statutory law and remedies.
18 (10 ILCS 5/3A-35 new)
19 Sec. 3A-35. Civil actions by Attorney General.
20 (a) Whenever the Attorney General has reasonable cause to
21 believe that a violation of this Article has occurred and that
22 the rights of any voter or group of voters have been affected
23 by the violation, the Attorney General may commence a civil
24 action in the appropriate circuit court for appropriate
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1 relief.
2 (b) In the civil action, the court may do either of the
3 following:
4 (1) Award preventive relief as is necessary to assure
5 the full enjoyment of the rights granted by this Code,
6 including an injunction, restraining order, or other order
7 against the person or persons responsible for a violation
8 of this Article.
9 (2) Assess a civil penalty against the person or
10 persons responsible for a violation of this Article in an
11 amount not exceeding $50,000 for a first violation and in
12 an amount not exceeding $100,000 for any subsequent
13 violation. The civil penalties are payable into the Voter
14 Education and Outreach Fund.
15 (3) Award a prevailing plaintiff reasonable attorney's
16 fees and costs.
17 (c) The court or jury may award such other relief to an
18 aggrieved person as the court deems appropriate, including
19 compensatory damages and punitive damages.
20 (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
21 Sec. 12-1. At least 60 days prior to each general and
22 consolidated election, the election authority shall provide
23 public notice, calculated to reach elderly voters and voters
24 with disabilities, of the availability of registration and
25 voting aids under the Federal Voting Accessibility for the
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1 Elderly and Handicapped Act, of the availability of assistance
2 in marking the ballot, procedures for voting by vote by mail
3 ballot, and procedures for voting early by personal
4 appearance. The public notice shall also provide information
5 where persons can view the election authority's covered
6 practices under Section 3A-20.
7 At least 30 days before any general election, and at least
8 20 days before any special congressional election, the county
9 clerk shall publish a notice of the election in 2 or more
10 newspapers published in the county, city, village,
11 incorporated town or town, as the case may be, or if there is
12 no such newspaper, then in any 2 or more newspapers published
13 in the county and having a general circulation throughout the
14 community. The notice may be substantially as follows:
15 Notice is hereby given that on (give date), at (give the
16 place of holding the election and the name of the precinct or
17 district) in the county of (name county), an election will be
18 held for (give the title of the several offices to be filled),
19 which election will be open at 6:00 a.m. and continued open
20 until 7:00 p.m. of that day.
21 Dated at .... on (insert date).
22 (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
23 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
24 Sec. 17-14. Any voter who declares upon oath, properly
25 witnessed and with his or her signature or mark affixed, that
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1 he or she requires assistance to vote by reason of blindness,
2 physical disability or inability to read, write or speak the
3 English language shall, upon request, be assisted in marking
4 his or her ballot, by 2 judges of election of different
5 political parties, to be selected by all judges of election of
6 each precinct at the opening of the polls or by a person of the
7 voter's choice, other than the voter's employer or agent of
8 that employer or officer or agent of the voter's union. A voter
9 who presents an Illinois Person with a Disability
10 Identification Card, issued to that person under the
11 provisions of the Illinois Identification Card Act, indicating
12 that such voter has a Class 1A or Class 2 disability under the
13 provisions of Section 4A of the Illinois Identification Card
14 Act, or a voter who declares upon oath, properly witnessed,
15 that by reason of any physical disability he is unable to mark
16 his ballot shall, upon request, be assisted in marking his
17 ballot by 2 of the election officers of different parties as
18 provided above in this Section or by a person of the voter's
19 choice other than the voter's employer or agent of that
20 employer or officer or agent of the voter's union. Such voter
21 shall state specifically the reason why he cannot vote without
22 assistance and, in the case of a voter with a physical
23 disability, what his physical disability is. Prior to entering
24 the voting booth, the person providing the assistance, if
25 other than 2 judges of election, shall be presented with
26 written instructions on how assistance shall be provided. This
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1 instruction shall be prescribed by the State Board of
2 Elections and shall include the penalties for attempting to
3 influence the voter's choice of candidates, party, or votes in
4 relation to any question on the ballot and for not marking the
5 ballot as directed by the voter. Additionally, the person
6 providing the assistance shall sign an oath, swearing not to
7 influence the voter's choice of candidates, party, or votes in
8 relation to any question on the ballot and to cast the ballot
9 as directed by the voter. The oath shall be prescribed by the
10 State Board of Elections and shall include the penalty for
11 violating this Section. In the voting booth, such person shall
12 mark the ballot as directed by the voter, and shall thereafter
13 give no information regarding the same. The judges of election
14 shall enter upon the poll lists or official poll record after
15 the name of any elector who received such assistance in
16 marking his ballot a memorandum of the fact and if the
17 disability is permanent. Intoxication shall not be regarded as
18 a physical disability, and no intoxicated person shall be
19 entitled to assistance in marking his ballot.
20 If the voter requires assistance in a language other than
21 English and has not designated a person to provide assistance,
22 an election officer may assist as an interpreter but shall
23 first inquire of those authorized to be present whether they
24 have a volunteer available who can interpret for the voter.
25 One representative for each party or candidate, insofar as
26 available, shall be permitted to observe the election officer
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1 communicate with the voter. In any locality designated as a
2 covered locality under Section 3A-15, the local election
3 authority shall ensure that interpretation services in the
4 language of the applicable minority group are available and
5 easily accessible to voters needing assistance pursuant to
6 this subsection.
7 No person shall secure or attempt to secure assistance in
8 voting who is not blind, a person with a physical disability,
9 or illiterate as herein provided, nor shall any person
10 knowingly assist a voter in voting contrary to the provisions
11 of this Section.
12 (Source: P.A. 99-143, eff. 7-27-15.)
13 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
14 Sec. 18-5. Any person desiring to vote and whose name is
15 found upon the register of voters by the person having charge
16 thereof, shall then be questioned by one of the judges as to
17 his nativity, his term of residence at present address,
18 precinct, State and United States, his age, whether
19 naturalized and if so the date of naturalization papers and
20 court from which secured, and he shall be asked to state his
21 residence when last previously registered and the date of the
22 election for which he then registered. The judges of elections
23 shall check each application for ballot against the list of
24 voters registered in that precinct to whom grace period, vote
25 by mail, and early ballots have been issued for that election,
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1 which shall be provided by the election authority and which
2 list shall be available for inspection by pollwatchers. A
3 voter applying to vote in the precinct on election day whose
4 name appears on the list as having been issued a grace period,
5 vote by mail, or early ballot shall not be permitted to vote in
6 the precinct, except that a voter to whom a vote by mail ballot
7 was issued may vote in the precinct if the voter submits to the
8 election judges that vote by mail ballot for cancellation. If
9 the voter is unable to submit the vote by mail ballot, it shall
10 be sufficient for the voter to submit to the election judges
11 (i) a portion of the vote by mail ballot if the vote by mail
12 ballot was torn or mutilated or (ii) an affidavit executed
13 before the election judges specifying that (A) the voter never
14 received a vote by mail ballot or (B) the voter completed and
15 returned a vote by mail ballot and was informed that the
16 election authority did not receive that vote by mail ballot.
17 If such person so registered shall be challenged as
18 disqualified, the party challenging shall assign his reasons
19 therefor, and thereupon one of the judges shall administer to
20 him an oath to answer questions, and if he shall take the oath
21 he shall then be questioned by the judge or judges touching
22 such cause of challenge, and touching any other cause of
23 disqualification. And he may also be questioned by the person
24 challenging him in regard to his qualifications and identity.
25 But if a majority of the judges are of the opinion that he is
26 the person so registered and a qualified voter, his vote shall
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1 then be received accordingly. But if his vote be rejected by
2 such judges, such person may afterward produce and deliver an
3 affidavit to such judges, subscribed and sworn to by him
4 before one of the judges, in which it shall be stated how long
5 he has resided in such precinct, and state; that he is a
6 citizen of the United States, and is a duly qualified voter in
7 such precinct, and that he is the identical person so
8 registered. In addition to such an affidavit, the person so
9 challenged shall provide to the judges of election proof of
10 residence by producing 2 forms of identification showing the
11 person's current residence address, provided that such
12 identification may include a lease or contract for a residence
13 and not more than one piece of mail addressed to the person at
14 his current residence address and postmarked not earlier than
15 30 days prior to the date of the election, or the person shall
16 procure a witness personally known to the judges of election,
17 and resident in the precinct (or district), or who shall be
18 proved by some legal voter of such precinct or district, known
19 to the judges to be such, who shall take the oath following,
20 viz:
21 I do solemnly swear (or affirm) that I am a resident of
22 this election precinct (or district), and entitled to vote at
23 this election, and that I have been a resident of this State
24 for 30 days last past, and am well acquainted with the person
25 whose vote is now offered; that he is an actual and bona fide
26 resident of this election precinct (or district), and has
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1 resided herein 30 days, and as I verily believe, in this State,
2 30 days next preceding this election.
3 The oath in each case may be administered by one of the
4 judges of election, or by any officer, resident in the
5 precinct or district, authorized by law to administer oaths.
6 Also supported by an affidavit by a registered voter residing
7 in such precinct, stating his own residence, and that he knows
8 such person; and that he does reside at the place mentioned and
9 has resided in such precinct and state for the length of time
10 as stated by such person, which shall be subscribed and sworn
11 to in the same way. For purposes of this Section, the
12 submission of a photo identification issued by a college or
13 university, accompanied by either (i) a copy of the
14 applicant's contract or lease for a residence or (ii) one
15 piece of mail addressed to the person at his or her current
16 residence address and postmarked not earlier than 30 days
17 prior to the date of the election, shall be sufficient to
18 establish proof of residence. Whereupon the vote of such
19 person shall be received, and entered as other votes. But such
20 judges, having charge of such registers, shall state in their
21 respective books the facts in such case, and the affidavits,
22 so delivered to the judges, shall be preserved and returned to
23 the office of the commissioners of election. Blank affidavits
24 of the character aforesaid shall be sent out to the judges of
25 all the precincts, and the judges of election shall furnish
26 the same on demand and administer the oaths without criticism.
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1 Such oaths, if administered by any other officer than such
2 judge of election, shall not be received. Whenever a proposal
3 for a constitutional amendment or for the calling of a
4 constitutional convention is to be voted upon at the election,
5 the separate blue ballot or ballots pertaining thereto shall
6 be placed on top of the other ballots to be voted at the
7 election in such manner that the legend appearing on the back
8 thereof, as prescribed in Section 16-6 of this Act, shall be
9 plainly visible to the voter, and in this fashion the ballots
10 shall be handed to the voter by the judge.
11 If the voter requires assistance in a language other than
12 English and has not designated a person to assist him, an
13 election officer may assist as an interpreter but shall first
14 inquire of those authorized to be present whether they have a
15 volunteer available who can interpret for the voter. One
16 representative for each party or candidate, insofar as
17 available, shall be permitted to observe the election officer
18 communicate with the voter. In any locality designated as a
19 covered locality under Section 3A-15, the local election
20 authority shall ensure that interpretation services in the
21 language of the applicable minority group are available and
22 easily accessible to voters needing assistance pursuant to
23 this subsection.
24 Immediately after voting, the voter shall be instructed
25 whether the voting equipment, if used, accepted or rejected
26 the ballot or identified the ballot as under-voted. A voter
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1 whose ballot is identified as under-voted for a statewide
2 constitutional office may return to the voting booth and
3 complete the voting of that ballot. A voter whose ballot is not
4 accepted by the voting equipment may, upon surrendering the
5 ballot, request and vote another ballot. The voter's
6 surrendered ballot shall be initialed by the election judge
7 and handled as provided in the appropriate Article governing
8 that voting equipment.
9 The voter shall, upon quitting the voting booth, deliver
10 to one of the judges of election all of the ballots, properly
11 folded, which he received. The judge of election to whom the
12 voter delivers his ballots shall not accept the same unless
13 all of the ballots given to the voter are returned by him. If a
14 voter delivers less than all of the ballots given to him, the
15 judge to whom the same are offered shall advise him in a voice
16 clearly audible to the other judges of election that the voter
17 must return the remainder of the ballots. The statement of the
18 judge to the voter shall clearly express the fact that the
19 voter is not required to vote such remaining ballots but that
20 whether or not he votes them he must fold and deliver them to
21 the judge. In making such statement the judge of election
22 shall not indicate by word, gesture or intonation of voice
23 that the unreturned ballots shall be voted in any particular
24 manner. No new voter shall be permitted to enter the voting
25 booth of a voter who has failed to deliver the total number of
26 ballots received by him until such voter has returned to the
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1 voting booth pursuant to the judge's request and again quit
2 the booth with all of the ballots required to be returned by
3 him. Upon receipt of all such ballots the judges of election
4 shall enter the name of the voter, and his number, as above
5 provided in this Section, and the judge to whom the ballots are
6 delivered shall immediately put the ballots into the ballot
7 box. If any voter who has failed to deliver all the ballots
8 received by him refuses to return to the voting booth after
9 being advised by the judge of election as herein provided, the
10 judge shall inform the other judges of such refusal, and
11 thereupon the ballot or ballots returned to the judge shall be
12 deposited in the ballot box, the voter shall be permitted to
13 depart from the polling place, and a new voter shall be
14 permitted to enter the voting booth.
15 The judge of election who receives the ballot or ballots
16 from the voter shall announce the residence and name of such
17 voter in a loud voice. The judge shall put the ballot or
18 ballots received from the voter into the ballot box in the
19 presence of the voter and the judges of election, and in plain
20 view of the public. The judges having charge of such registers
21 shall then, in a column prepared thereon, in the same line of,
22 the name of the voter, mark "Voted" or the letter "V".
23 No judge of election shall accept from any voter less than
24 the full number of ballots received by such voter without
25 first advising the voter in the manner above provided of the
26 necessity of returning all of the ballots, nor shall any such
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1 judge advise such voter in a manner contrary to that which is
2 herein permitted, or in any other manner violate the
3 provisions of this Section; provided, that the acceptance by a
4 judge of election of less than the full number of ballots
5 delivered to a voter who refuses to return to the voting booth
6 after being properly advised by such judge shall not be a
7 violation of this Section.
8 (Source: P.A. 98-1171, eff. 6-1-15.)
9 (10 ILCS 5/29-4) (from Ch. 46, par. 29-4)
10 Sec. 29-4. Prevention of voting or candidate support.
11 (a) Any person who, by force, intimidation, threat,
12 deception or forgery, knowingly prevents any other person from
13 (a) registering to vote, or (b) lawfully voting, supporting or
14 opposing the nomination or election of any person for public
15 office or any public question voted upon at any election,
16 shall be guilty of a Class 4 felony.
17 (b) In addition to the criminal penalty provided in
18 subsection (a), violation of subsection (a) also creates a
19 civil cause of action. A voter who is intimidated, threatened,
20 or coerced by another person who is violating subsection (a)
21 may institute an action for an injunction, restraining order,
22 or other relief by the court against the person who violated
23 subsection (a). The action must be instituted in the circuit
24 court of the locality where the violation occurred or in which
25 the voter resides. In an action, the court may, in its
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1 discretion, allow a prevailing plaintiff reasonable attorney's
2 fees as part of the costs.
3 (c) This Section applies to any election and to any method
4 used by a political party for selection of its nominees and for
5 selection of delegates to its conventions and meetings.
6 (Source: P.A. 78-887.)
7 (10 ILCS 5/29-21 new)
8 Sec. 29-21. Intimidation of election officers. Any person
9 who, by bribery, intimidation, threats, coercion, or other
10 means in violation of this Code, willfully hinders or
11 prevents, or attempts to hinder or prevent, the election
12 officers at any polling place, including an early voting
13 polling place and any or other location being used by a
14 locality for voting purposes, from holding an election is
15 guilty of a Class 4 felony.
16 (10 ILCS 5/29-22 new)
17 Sec. 29-22. Communication of false information to
18 registered voter.
19 (a) It shall be unlawful for any person to communicate to a
20 registered voter, by any means, false information about (i)
21 the date, time, and place of the election, (ii) the voter's
22 precinct, polling place, or voter registration status, (iii)
23 or the location of early voting polling places if the person
24 knows the information to be false and is intending to impede
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1 the voter in the exercise of the voter's right to vote.
2 (b) Any person who violates the provisions of this Section
3 is guilty of a Class A misdemeanor. The violation may be
4 prosecuted either in the jurisdiction from which the
5 communication was made or in the jurisdiction in which the
6 communication was received.
7 (c) In addition to the criminal penalty provided in
8 subsection (b), a violation of the provisions of this Section
9 also creates a civil cause of action. A registered voter to
10 whom the false information is communicated may institute an
11 action for an injunction, restraining order, or any other
12 relief by the court against the person communicating the false
13 information. The action may be instituted in the circuit court
14 of either the jurisdiction from which the communication was
15 made or the jurisdiction in which the communication was
16 received. In any action, the court may, in its discretion,
17 allow a prevailing plaintiff reasonable attorney's fees as
18 part of the costs.
19 (10 ILCS 5/29-23 new)
20 Sec. 29-23. Interference with voting.
21 (a) Any person acting under the color of law who, contrary
22 to an official policy or procedure, fails or refuses to permit
23 a qualified voter to vote, or who willfully fails or refuses to
24 tabulate, count, or report the vote of a qualified voter, is
25 subject to a civil penalty in an amount not exceeding $1,000
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1 for each affected voter. The Attorney General may bring an
2 action to enforce the provisions of this subsection. The civil
3 penalties shall be payable into the Voter Education and
4 Outreach Fund.
5 (b) Any person who (i) furnishes a ballot to a voter who
6 the person knows cannot understand the language in which the
7 ballot is printed and misinforms the voter as to the content of
8 the ballot with an intent to deceive the voter and induce the
9 voter to vote contrary to the voter's desire or (ii) changes a
10 ballot of a voter to prevent the person from voting as he
11 desires is guilty of a Class A misdemeanor. This subsection
12 applies to any election and to any method used by a political
13 party for selection of its nominees and for selection of
14 delegates to its conventions and meetings.
15 Section 10. The State Finance Act is amended by adding
16 Section 5.990 as follows:
17 (30 ILCS 105/5.990 new)
18 Sec. 5.990. The Voter Education and Outreach Fund.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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