103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4788 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified timeframes. LRB103 36483 SPS 66587 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4788 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified timeframes. LRB103 36483 SPS 66587 b LRB103 36483 SPS 66587 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4788 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified timeframes. LRB103 36483 SPS 66587 b LRB103 36483 SPS 66587 b LRB103 36483 SPS 66587 b A BILL FOR HB4788LRB103 36483 SPS 66587 b HB4788 LRB103 36483 SPS 66587 b HB4788 LRB103 36483 SPS 66587 b 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 5. The Election Code is amended by changing 5 Section 4-14.1 as follows: 6 (10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1) 7 Sec. 4-14.1. Cancellation Cancelation of deceased voter's 8 registration. 9 (a) Upon establishment of an electronic reporting system 10 for death registrations as provided in the Vital Records Act, 11 the county clerk of the county where a decedent last resided, 12 as indicated on the decedent's death certificate, shall may 13 issue certifications of death records from that system and 14 shall may use that system to cancel the registration of any 15 person who has died during the preceding month. Regardless of 16 whether or not such a system has been established, it is the 17 duty of the county clerk to examine, monthly, the records 18 deposited in his or her office pursuant to the Vital Records 19 Act that relate to deaths in the county, and to cancel the 20 registration of any person who has died during the preceding 21 month. The county coroner, medical examiner, or physician for 22 a county or any other individual responsible for certification 23 of death under Section 18 of the Vital Records Act shall 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4788 Introduced , by Rep. Amy L. Grant SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to its affiliated county board and certify its full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of the county clerk's or coroner's report and allows for relief if the county clerk fails to provide an accurate report within specified timeframes. LRB103 36483 SPS 66587 b LRB103 36483 SPS 66587 b LRB103 36483 SPS 66587 b A BILL FOR 10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1 LRB103 36483 SPS 66587 b HB4788 LRB103 36483 SPS 66587 b HB4788- 2 -LRB103 36483 SPS 66587 b HB4788 - 2 - LRB103 36483 SPS 66587 b HB4788 - 2 - LRB103 36483 SPS 66587 b 1 promptly transmit certified records to the county clerk within 2 7 days after the death of the decedent. The county clerk and 3 coroner shall report quarterly to its affiliated county board 4 and certify its full compliance with this Section and accuracy 5 of the voter rolls. 6 (b) Any person may request a copy of the report required in 7 subsection (a). Failure to provide an accurate report by the 8 county clerk within 5 business days, or 48 hours if 30 days 9 before an election, may file suit for injunction or 10 declaratory relief to enforce subsection (a) or this 11 subsection (b). 12 (c) The circuit court shall have the jurisdiction to order 13 the following: (i) production of deposits of records; (ii) 14 production of required reports; and (iii) compliance with 15 subsection (a), including establishing the accuracy of the 16 voter registration rolls. 17 (d) If a person seeking the right to receive a copy of the 18 documents pursuant to subsection (a) or enforce the provision 19 of subsection (a) prevails in a proceeding under this Section, 20 the court shall award such person reasonable attorney's fees 21 and costs. In determining what amount of attorney's fees is 22 reasonable, the court shall consider the degree to which the 23 relief obtained relates to the relief sought. 24 (e) If the court determines that a public body willfully 25 and intentionally failed to comply with this Section, or 26 otherwise acted in bad faith, the court shall also impose upon HB4788 - 2 - LRB103 36483 SPS 66587 b HB4788- 3 -LRB103 36483 SPS 66587 b HB4788 - 3 - LRB103 36483 SPS 66587 b HB4788 - 3 - LRB103 36483 SPS 66587 b HB4788 - 3 - LRB103 36483 SPS 66587 b