Bill Text: IL HB2943 | 2023-2024 | 103rd General Assembly | Introduced

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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 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. Prohibits a political committee from making expenditures for payments to attorneys, expert witnesses, investigators, or others to provide a defense in a criminal case. Amends the Attorney General Act. Creates an Office of Election Integrity within the Office of the Attorney General. Provides that the purpose of the Office is to aid the State Board of Elections in completion of its duties under the Election Code. Provides that the Office shall develop and create a voter fraud hotline within 90 days after the effective date of the amendatory Act. Provides that by January 15 of each year, the Office shall submit a report to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives detailing information on investigations of alleged election law violations or election irregularities conducted during the prior calendar year.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB2943 Detail]

Download: Illinois-2023-HB2943-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2943 Introduced , by Rep. Chris Miller SYNOPSIS AS INTRODUCED:
10 ILCS 5/4-14.1 from Ch. 46, par. 4-14.1
10 ILCS 5/9-8.10
15 ILCS 205/6.7 new
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. Prohibits a political committee from making expenditures for payments to attorneys, expert witnesses, investigators, or others to provide a defense in a criminal case. Amends the Attorney General Act. Creates an Office of Election Integrity within the Office of the Attorney General. Provides that the purpose of the Office is to aid the State Board of Elections in completion of its duties under the Election Code. Provides that the Office shall develop and create a voter fraud hotline within 90 days after the effective date of the amendatory Act. Provides that by January 15 of each year, the Office shall submit a report to the Governor, the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives detailing information on investigations of alleged election law violations or election irregularities conducted during the prior calendar year.
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A BILL FOR
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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 changing
Sections 4-14.1 and 9-8.10 as follows:
(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)
Sec. 4-14.1. Cancelation of deceased voter's registration.
(a) Upon establishment of an electronic reporting system
for death registrations as provided in the Vital Records Act,
the county clerk of the county where a decedent last resided,
as indicated on the decedent's death certificate, shall may
issue certifications of death records from that system and
shall may use that system to cancel the registration of any
person who has died during the preceding month. Regardless of
whether or not such a system has been established, it is the
duty of the county clerk to examine, monthly, the records
deposited in his or her office pursuant to the Vital Records
Act that relate to deaths in the county, and to cancel the
registration of any person who has died during the preceding
month. The county coroner, medical examiner, or physician for
a county or any other individual responsible for certification
of death under Section 18 of the Vital Records Act shall
promptly transmit certified records to the county clerk within

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7 days after the death of the decedent. The county clerk and
coroner shall report quarterly to its affiliated county board
and certify its full compliance with this Section and accuracy
of the voter rolls.
(b) Any person may request a copy of the report required in
subsection (a). Failure to provide an accurate report by the
county clerk within 5 business days, or 48 hours if 30 days
before an election, may file suit for injunction or
declaratory relief to enforce subsection (a) or this
subsection (b).
(c) The circuit court shall have the jurisdiction to
order: (i) production of deposits of records; (ii) production
of required reports; and (iii) compliance with subsection (a),
including establishing the accuracy of the voter registration
rolls.
(d) If a person seeking the right to receive a copy of the
documents pursuant to subsection (a) or enforce the provision
of subsection (a) prevails in a proceeding under this Section,
the court shall award such person reasonable attorney's fees
and costs. In determining what amount of attorney's fees is
reasonable, the court shall consider the degree to which the
relief obtained relates to the relief sought.
(e) If the court determines that a public body willfully
and intentionally failed to comply with this Section, or
otherwise acted in bad faith, the court shall also impose upon
the public body a civil penalty of not less than $2,500 nor

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more than $5,000 for each occurrence. In assessing the civil
penalty, the court shall consider in aggravation or mitigation
the budget of the public body and whether the public body has
previously been assessed penalties for violations of this
Section. The court may impose an additional penalty of up to
$1,000 for each day the violation continues if:
(1) the public body fails to comply with the court's
order after 30 days;
(2) the court's order is not on appeal or stayed; and
(3) the court does not grant the public body
additional time to comply with the court's order to
disclose public records.
(Source: P.A. 96-1484, eff. 1-1-11.)
(10 ILCS 5/9-8.10)
Sec. 9-8.10. Use of political committee and other
reporting organization funds.
(a) A political committee shall not make expenditures:
(1) In violation of any law of the United States or of
this State.
(2) Clearly in excess of the fair market value of the
services, materials, facilities, or other things of value
received in exchange.
(3) For satisfaction or repayment of any debts other
than loans made to the committee or to the public official
or candidate on behalf of the committee or repayment of

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goods and services purchased by the committee under a
credit agreement. Nothing in this Section authorizes the
use of campaign funds to repay personal loans. The
repayments shall be made by check written to the person
who made the loan or credit agreement. The terms and
conditions of any loan or credit agreement to a committee
shall be set forth in a written agreement, including but
not limited to the method and amount of repayment, that
shall be executed by the chair or treasurer of the
committee at the time of the loan or credit agreement. The
loan or agreement shall also set forth the rate of
interest for the loan, if any, which may not substantially
exceed the prevailing market interest rate at the time the
agreement is executed.
(4) For the satisfaction or repayment of any debts or
for the payment of any expenses relating to a personal
residence. Campaign funds may not be used as collateral
for home mortgages.
(5) For clothing or personal laundry expenses, except
clothing items rented by the public official or candidate
for his or her own use exclusively for a specific
campaign-related event, provided that committees may
purchase costumes, novelty items, or other accessories
worn primarily to advertise the candidacy.
(6) For the travel expenses of any person unless the
travel is necessary for fulfillment of political,

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governmental, or public policy duties, activities, or
purposes.
(7) For membership or club dues charged by
organizations, clubs, or facilities that are primarily
engaged in providing health, exercise, or recreational
services; provided, however, that funds received under
this Article may be used to rent the clubs or facilities
for a specific campaign-related event.
(8) In payment for anything of value or for
reimbursement of any expenditure for which any person has
been reimbursed by the State or any person. For purposes
of this item (8), a per diem allowance is not a
reimbursement.
(9) For the lease or purchase of or installment
payment for a motor vehicle unless the political committee
can demonstrate the vehicle will be used primarily for
campaign purposes or for the performance of governmental
duties. Nothing in this paragraph prohibits a political
committee from using political funds to make expenditures
related to vehicles not purchased or leased by a political
committee, provided the expenditure relates to the use of
the vehicle for primarily campaign purposes or the
performance of governmental duties. Persons using vehicles
not purchased or leased by a political committee may be
reimbursed for actual mileage for the use of the vehicle
for campaign purposes or for the performance of

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governmental duties. The mileage reimbursements shall be
made at a rate not to exceed the standard mileage rate
method for computation of business expenses under the
Internal Revenue Code.
(10) Directly for an individual's tuition or other
educational expenses, except for governmental or political
purposes directly related to a candidate's or public
official's duties and responsibilities.
(11) For payments to a public official or candidate or
his or her family member unless for compensation for
services actually rendered by that person. The provisions
of this item (11) do not apply to expenditures by a
political committee for expenses related to providing
childcare for a minor child or care for a dependent family
member if the care is reasonably necessary for the public
official or candidate to fulfill political or governmental
duties. The provisions of this item (11) do not apply to
expenditures by a political committee in an aggregate
amount not exceeding the amount of funds reported to and
certified by the State Board or county clerk as available
as of June 30, 1998, in the semi-annual report of
contributions and expenditures filed by the political
committee for the period concluding June 30, 1998.
(12) For payments to attorneys, expert witnesses,
investigators, or others to provide a defense in a
criminal case.

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(b) The Board shall have the authority to investigate,
upon receipt of a verified complaint, violations of the
provisions of this Section. The Board may levy a fine on any
person who knowingly makes expenditures in violation of this
Section and on any person who knowingly makes a malicious and
false accusation of a violation of this Section. The Board may
act under this subsection only upon the affirmative vote of at
least 5 of its members. The fine shall not exceed $500 for each
expenditure of $500 or less and shall not exceed the amount of
the expenditure plus $500 for each expenditure greater than
$500. The Board shall also have the authority to render
rulings and issue opinions relating to compliance with this
Section.
(c) Nothing in this Section prohibits the expenditure of
funds of a political committee controlled by an officeholder
or by a candidate to defray the customary and reasonable
expenses of an officeholder in connection with the performance
of governmental and public service functions.
(d) Nothing in this Section prohibits the funds of a
political committee which is controlled by a person convicted
of a violation of any of the offenses listed in subsection (a)
of Section 10 of the Public Corruption Profit Forfeiture Act
from being forfeited to the State under Section 15 of the
Public Corruption Profit Forfeiture Act.
(Source: P.A. 102-15, eff. 6-17-21.)

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Section 10. The Attorney General Act is amended by adding
Section 6.7 as follows:
(15 ILCS 205/6.7 new)
Sec. 6.7. Office of Election Integrity.
(a) The Office of Election Integrity is created within the
Office of the Attorney General. The purpose of the Office is to
aid the State Board of Elections in completion of its duties
under the Election Code by:
(1) Receiving and reviewing notices and reports
generated by government officials or any other person
regarding alleged occurrences of election law violations
or election irregularities in this State.
(2) Initiating independent inquiries and conducting
preliminary investigations into allegations of election
law violations or election irregularities in this State.
(b) The Office may review complaints and conduct
preliminary investigations into alleged violations of the
Election Code or any rule adopted pursuant to the Election
Code and any election irregularities.
(c) The Attorney General in conjunction with the Chair of
the State Board of Elections shall appoint a Director of the
Office of Election Integrity.
(d) The Office shall be based in Springfield and shall
employ nonsworn investigators to conduct any investigations.
The positions and resources necessary for the Office to

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accomplish its duties shall be established through and subject
to the legislative appropriations process.
(e) The Office shall develop and create a voter fraud
hotline within 90 days after the effective date of this
amendatory Act of the 103rd General Assembly.
(f) The Office shall oversee the voter fraud hotline.
(g) This Section does not limit the jurisdiction of any
other office or agency of this State empowered by law to
investigate, act upon, or dispose of alleged election law
violations.
(h) By January 15 of each year, the Office shall submit a
report to the Governor, the President of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
Representatives, and the Minority Leader of the House of
Representatives detailing information on investigations of
alleged election law violations or election irregularities
conducted during the prior calendar year. The report shall
include the total number of complaints received and
independent investigations initiated and the number of
complaints referred to another State agency for further
investigation or prosecution. For each alleged violation or
irregularity investigated, the report shall include:
(1)the source of the alleged violation or
irregularity;
(2) the law allegedly violated or the nature of the
irregularity reported;

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(3) the county in which the alleged violation or
irregularity occurred;
(4) whether the alleged violation or irregularity was
referred to another State agency for further investigation
or prosecution and, if so, to which State agency; and
(5) the current status of the investigation or
resulting criminal case.