Bill Text: IL HB0039 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Repeals provisions that prohibit a person that is serving a sentence of confinement in any penal institution from voting until his or her release from confinement. Further amends the Election Code and amends the Unified Code of Corrections making conforming changes. Effective January 1, 2024.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0039 Detail]

Download: Illinois-2023-HB0039-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0039 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
10 ILCS 5/24-1.1 from Ch. 46, par. 24-1.1
10 ILCS 5/24A-3 from Ch. 46, par. 24A-3
10 ILCS 5/24B-3
10 ILCS 5/3-5 rep.
730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5
Amends the Election Code. Repeals provisions that prohibit a person that is serving a sentence of confinement in any penal institution from voting until his or her release from confinement. Further amends the Election Code and amends the Unified Code of Corrections making conforming changes. Effective January 1, 2024.
LRB103 03515 AWJ 48521 b
A BILL FOR
HB0039 LRB103 03515 AWJ 48521 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by by changing
Sections 24-1.1, 24A-3, and 24B-3 as follows:
(10 ILCS 5/24-1.1) (from Ch. 46, par. 24-1.1)
Sec. 24-1.1. The county board of each county having a
population of 35,000 or more, with respect to all elections
for which the county board or the county clerk is charged with
the duty of providing materials and supplies, and each board
of election commissioners in a municipality having a
population of 35,000 or more with respect to elections under
its jurisdiction, must provide either voting machines in
accordance with this Article or electronic voting systems in
accordance with Article 24A for each precinct for all such
elections except as provided in Section 24-1.2 except in
elections held pursuant to the provisions of Section 12 of
Article VI of the Constitution relating to retention of judges
in office, in which event, the special ballot containing the
propositions on the retention of judges may be placed on the
voting machines or devices. For purposes of this Section
24-1.1, the term "population" does not include persons
prohibited from voting by Section 3-5 of this Act.

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Before voting machines or electronic voting systems are
introduced, adopted or used in any precinct or territory at
least 2 months public notice must be given before the date of
the first election wherein such machines are to be used. The
election authority shall publish the notice at least once in
one or more newspapers published within its jurisdiction in
which the election is held. If there is no such newspaper, the
notice shall be published in a newspaper published in the
county and having a general circulation within such political
subdivision of this State. The notice shall be substantially
as follows:
Notice is hereby given that on (give date), at (give place
where election is held) in the county of .... an election will
be held for (give name of office to be filled) at which voting
machines will be used.
Dated at .... on (insert date).
The notice referred to herein shall be given only at the
first election at which such voting machines or electronic
voting systems are used.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/24A-3) (from Ch. 46, par. 24A-3)
Sec. 24A-3. Except as otherwise provided in this Section,
any county board, board of county commissioners and any board
of election commissioners, with respect to territory within

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its jurisdiction, may adopt, experiment with, or abandon a
voting system approved for use by the State Board of Elections
and may use such voting system in all or some of the precincts
within its jurisdiction, or in combination with paper ballots
or voting machines. Any such county board, board of county
commissioners or board of election commissioners may contract
for the tabulation of votes at a location outside its
territorial jurisdiction when there is no suitable tabulating
equipment available within its territorial jurisdiction. In no
case may a county board, board of county commissioners or
board of election commissioners contract or arrange for the
purchase, lease or loan of an electronic voting system or
voting system component without the approval of the State
Board of Elections as provided by Section 24A-16. However, the
county board and board of county commissioners of each county
having a population of 40,000 or more, with respect to all
elections for which the county board or the county clerk is
charged with the duty of providing materials and supplies, and
each board of election commissioners in a municipality having
a population of 40,000 or more, with respect to elections
under its jurisdiction, must provide either voting systems
approved for use by the State Board of Elections under this
Article or voting machines under Article 24 for each precinct
for all such elections except as provided in Section 24-1.2.
For purposes of this Section 24A-3, the term "population" does
not include persons prohibited from voting by Section 3-5 of

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this Act.
Before any such system is introduced, adopted or used in
any precinct or territory at least 2 months public notice must
be given before the date of the first election wherein such
voting system is to be used. The election authority shall
publish the notice at least once in one or more newspapers
published within the county, or other jurisdiction, as the
case may be, in which the election is held. If there is no such
newspaper, the notice shall be published in a newspaper
published in the county and having a general circulation
within such jurisdiction. The notice shall be substantially as
follows:
Notice is hereby given that on (give date), at (give place
where election is held) in the county of ...., an election will
be held for (give name of offices to be filled) at which an
electronic voting system will be used.
Dated at .... on (insert date).
The notice referred to herein shall be given only at the
first election at which such voting machines or voting systems
are used.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/24B-3)
Sec. 24B-3. Adoption, experimentation or abandonment of
Precinct Tabulation Optical Scan Technology system; Boundaries

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of precincts; Notice. Except as otherwise provided in this
Section, any county board, board of county commissioners and
any board of election commissioners, with respect to territory
within its jurisdiction, may adopt, experiment with, or
abandon a Precinct Tabulation Optical Scan Technology voting
system approved for use by the State Board of Elections and may
use the Precinct Tabulation Optical Scan Technology voting
system in all or some of the precincts within its
jurisdiction, or in combination with paper ballots or voting
machines. Any county board, board of county commissioners or
board of election commissioners may contract for the
tabulation of votes at a location outside its territorial
jurisdiction when there is no suitable tabulating equipment
available within its territorial jurisdiction. In no case may
a county board, board of county commissioners or board of
election commissioners contract or arrange for the purchase,
lease or loan of an electronic Precinct Tabulation Optical
Scan Technology voting system or Precinct Tabulation Optical
Scan Technology voting system component without the approval
of the State Board of Elections as provided by Section 24B-16.
However, the county board and board of county commissioners of
each county having a population of 40,000 or more, with
respect to all elections for which the county board or the
county clerk is charged with the duty of providing materials
and supplies, and each board of election commissioners in a
municipality having a population of 40,000 or more, with

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respect to elections under its jurisdiction, must provide
either Precinct Tabulation Optical Scan Technology voting
systems approved for use by the State Board of Elections under
this Article or voting systems under Article 24A or Article 24
for each precinct for all such elections except as provided in
Section 24-1.2. For purposes of this Section 24B-3, the term
"population" does not include persons prohibited from voting
by Section 3-5 of this Code.
Before any such Precinct Tabulation Optical Scan
Technology system is introduced, adopted or used in any
precinct or territory at least 2 months public notice must be
given before the date of the first election where the Precinct
Tabulation Optical Scan Technology voting system is to be
used. The election authority shall publish the notice at least
once in one or more newspapers published within the county, or
other jurisdiction, where the election is held. If there is no
such newspaper, the notice shall be published in a newspaper
published in the county and having a general circulation
within such jurisdiction. The notice shall be substantially as
follows:
Notice is hereby given that on (give date), at (give place
where election is held) in the county of ...., an election will
be held for (give name of offices to be filled) at which a
Precinct Tabulation Optical Scan Technology electronic voting
system will be used.
Dated at.... on (insert date).

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This notice referred to shall be given only at the first
election at which the Precinct Tabulation Optical Scan
Technology voting machines or Precinct Tabulation Optical Scan
Technology voting systems are used.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/3-5 rep.)
Section 10. The Election Code is amended by repealing
Section 3-5.
Section 15. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and restoration of rights.
(a) Conviction and disposition shall not entail the loss
by the defendant of any civil rights, except under this
Section and Sections 29-6 and 29-10 of The Election Code, as
now or hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(c) (Blank). A person sentenced to imprisonment shall lose
his right to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic

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imprisonment, or at any time thereafter, all license rights
and privileges granted under the authority of this State which
have been revoked or suspended because of conviction of an
offense shall be restored unless the authority having
jurisdiction of such license rights finds after investigation
and hearing that restoration is not in the public interest.
This paragraph (d) shall not apply to the suspension or
revocation of a license to operate a motor vehicle under the
Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or
parole, or upon a person's discharge from probation or at any
time thereafter, the committing court may enter an order
certifying that the sentence has been satisfactorily completed
when the court believes it would assist in the rehabilitation
of the person and be consistent with the public welfare. Such
order may be entered upon the motion of the defendant or the
State or upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State

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shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure
and employment of persons previously convicted of one or
more criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted
will have on his or her fitness or ability to perform one
or more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of

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the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of
specific individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;

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(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Registered Interior Designers Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Landscape Architecture Registration Act;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing

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Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) (blank);
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 102-284, eff. 8-6-21.)
Section 99. Effective date. This Act takes effect January
1, 2024.