Bill Text: IL HB1140 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-03-16 - Added Co-Sponsor Rep. Chris Miller [HB1140 Detail]

Download: Illinois-2023-HB1140-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1140

Introduced , by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:
10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1

Amends the Election Code. Provides that the county clerk of a county where a decedent last resided shall (rather than may) issue certifications of death records from the electronic reporting system for death registrations and shall (rather than may) use that system to cancel the registration of any person who has died during the preceding month. Requires a county coroner, medical examiner, or physician for a county or any other individual responsible for certification of death under the Vital Records Act to promptly transmit certified records to the county clerk within 7 days after the death. Requires the county clerk and coroner to report quarterly to the county board affiliated with the county clerk or coroner and certify the county clerk's or coroner's full compliance with the provisions and accuracy of the voter rolls. Allows an individual to request a copy of relevant documents. Allows injunctive relief, attorney fees, and fines for failure to comply with the provisions. Requires the county clerk to request from the United States Postal Service records of each permanent change of address form submitted related to an address in the county and to update the registration of any person whose address appears to have changed, as indicated by those records.
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A BILL FOR

HB1140LRB103 05324 AWJ 50342 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Section 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
8registration.
9 (a) Upon establishment of an electronic reporting system
10for death registrations as provided in the Vital Records Act,
11the county clerk of the county where a decedent last resided,
12as indicated on the decedent's death certificate, shall may
13issue certifications of death records from that system and
14shall may use that system to cancel the registration of any
15person who has died during the preceding month. Regardless of
16whether or not such a system has been established, it is the
17duty of the county clerk to examine, monthly, the records
18deposited in his or her office pursuant to the Vital Records
19Act that relate to deaths in the county, and to cancel the
20registration of any person who has died during the preceding
21month. The county coroner, medical examiner, or physician for
22a county or any other individual responsible for certification
23of death under Section 18 of the Vital Records Act shall

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1promptly transmit certified records to the county clerk within
27 days after the death of the decedent. The county clerk and
3coroner shall report quarterly to the county board affiliated
4with the county clerk or coroner and certify the county
5clerk's or coroner's full compliance with this Section and
6accuracy of the voter rolls. In addition, on a monthly basis,
7the county clerk shall request from the United States Postal
8Service records of each permanent change of address form
9submitted to the Postal Service related to an address in the
10county and shall update the registration of any person whose
11address appears to have changed, as indicated by those
12records.
13 (b) Any person may request a copy of the evidence of
14deposits of records and required reports under subsection (a).
15The county shall produce a copy of the evidence of deposits or
16required reports within 5 business days of receipt of the
17request or within 48 hours of receipt of the request if the
18request is received 30 days or less before an election.
19 (c) A person may file a petition for injunction or
20declaratory relief to enforce subsection (a) or a request for
21records under subsection (b). The circuit court may order (i)
22production of evidence of the deposits of records, (ii)
23production of required reports, or (iii) compliance with any
24of the requirements of subsection (a).
25 (d) If a person seeking the right to receive a copy of
26documents under subsection (b) prevails in a proceeding under

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1subsection (c), the court shall award the person reasonable
2attorney's fees and costs. In determining what amount of
3attorney's fees is reasonable, the court shall consider the
4degree to which the relief obtained relates to the relief
5sought.
6 (e) If the court determines in an action under subsection
7(c) that an individual required to act under this Section
8willfully and intentionally failed to comply with this
9Section, or otherwise acted in bad faith, the court shall
10impose upon the county in which the individual was responsible
11to perform duties under this Section a civil penalty of not
12less than $2,500 nor more than $5,000 for each occurrence. In
13assessing the civil penalty, the court shall consider in
14aggravation or mitigation the budget of the county and whether
15the county has previously been assessed penalties for
16violations of this Section. The court may impose an additional
17civil penalty of up to $1,000 for each day that violation of
18the court's order to disclose documents under this Section
19continues if:
20 (1) the individual fails to comply with the court's
21 order after 30 days;
22 (2) the court's order is not on appeal or stayed; and
23 (3) the court does not grant the individual additional
24 time to comply with the court's order to disclose public
25 records.
26 A civil penalty imposed under this subsection is in

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1addition to any fees and costs awarded under subsection (d),
2if applicable.
3 (f) If this Section conflicts with the Freedom of
4Information Act relating to a request for production of public
5records or the actions of a court, the provisions in this
6Section control.
7(Source: P.A. 96-1484, eff. 1-1-11.)
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