Bill Text: IL HB5474 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Illinois Municipal Code and School Code. Requires the State Board of Elections to create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in municipal and school board elections. Provides that the elections conducted under the provisions are considered non-State elections and not subject to the citizenship requirement in the Illinois Constitution. Provides what the individual shall attest to in the voter registration affidavit. Provides that the voter registration affidavit shall be valid for one municipal or school board election. Provides the notice that shall appear in the voter registration affidavit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5474 Detail]

Download: Illinois-2019-HB5474-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5474

Introduced , by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:
65 ILCS 5/1-1-2 from Ch. 24, par. 1-1-2
65 ILCS 5/1-9-10 new
65 ILCS 5/7-1-1.1 from Ch. 24, par. 7-1-1.1
105 ILCS 5/9-2 from Ch. 122, par. 9-2
105 ILCS 5/9-3 new

Amends the Illinois Municipal Code and School Code. Requires the State Board of Elections to create a voter registration affidavit that shall be the exclusive means by which a noncitizen of the United States may register to vote in municipal and school board elections. Provides that the elections conducted under the provisions are considered non-State elections and not subject to the citizenship requirement in the Illinois Constitution. Provides what the individual shall attest to in the voter registration affidavit. Provides that the voter registration affidavit shall be valid for one municipal or school board election. Provides the notice that shall appear in the voter registration affidavit.
LRB101 18148 AWJ 67589 b

A BILL FOR

HB5474LRB101 18148 AWJ 67589 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5changing Sections 1-1-2 and 7-1-1.1 and adding Section 1-9-10
6as follows:
7 (65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
8 Sec. 1-1-2. Definitions. In this Code:
9 (1) "Municipal" or "municipality" means a city, village, or
10incorporated town in the State of Illinois, but, unless the
11context otherwise provides, "municipal" or "municipality" does
12not include a township, town when used as the equivalent of a
13township, incorporated town that has superseded a civil
14township, county, school district, park district, sanitary
15district, or any other similar governmental district. If
16"municipal" or "municipality" is given a different definition
17in any particular Division or Section of this Act, that
18definition shall control in that division or Section only.
19 (2) "Corporate authorities" means (a) the mayor and
20aldermen or similar body when the reference is to cities, (b)
21the president and trustees or similar body when the reference
22is to villages or incorporated towns, and (c) the council when
23the reference is to municipalities under the commission form of

HB5474- 2 -LRB101 18148 AWJ 67589 b
1municipal government.
2 (3) "Electors" means persons qualified to vote for elective
3officers at municipal elections or a person qualified to vote
4under Section 1-9-10.
5 (4) "Person" means any individual, partnership,
6corporation, joint stock association, or the State of Illinois
7or any subdivision of the State; and includes any trustee,
8receiver, assignee, or personal representative of any of those
9entities.
10 (5) Except as otherwise provided by ordinance, "fiscal
11year" in all municipalities with fewer than 500,000
12inhabitants, and "municipal year" in all municipalities, means
13the period elapsing (a) between general municipal elections in
14succeeding calendar years, or (b) if general municipal
15elections are held biennially, then between a general municipal
16election and the same day of the same month of the following
17calendar year, and between that day and the next succeeding
18general municipal election, or (c) if general municipal
19elections are held quadrennially, then between a general
20municipal election and the same day of the same month of the
21following calendar year, and between that day and the same day
22of the same month of the next following calendar year, and
23between the last mentioned day and the same day of the same
24month of the next following calendar year, and between the last
25mentioned day and the next succeeding general municipal
26election. The fiscal year of each municipality with 500,000 or

HB5474- 3 -LRB101 18148 AWJ 67589 b
1more inhabitants shall commence on January 1.
2 (6) Where reference is made to a county within which a
3municipality, district, area, or territory is situated, the
4reference is to the county within which is situated the major
5part of the area of that municipality, district, area, or
6territory, in case the municipality, district, area, or
7territory is situated in 2 or more counties.
8 (7) Where reference is made for any purpose to any other
9Act, either specifically or generally, the reference shall be
10to that Act and to all amendments to that Act now in force or
11that may be hereafter enacted.
12 (8) Wherever the words "city council", "aldermen",
13"commissioners", or "mayor" occur, the provisions containing
14these words shall apply to the board of trustees, trustees, and
15president, respectively, of villages and incorporated towns
16and councilmen in cities, so far as those provisions are
17applicable to them.
18 (9) The terms "special charter" and "special Act" are
19synonymous.
20 (10) "General municipal election" means the biennial
21regularly scheduled election for the election of officers of
22cities, villages, and incorporated towns, as prescribed by the
23general election law; in the case of municipalities that elect
24officers annually, "general municipal election" means each
25regularly scheduled election for the election of officers of
26cities, villages, and incorporated towns.

HB5474- 4 -LRB101 18148 AWJ 67589 b
1(Source: P.A. 87-1119.)
2 (65 ILCS 5/1-9-10 new)
3 Sec. 1-9-10. Noncitizen registration for municipal
4elections.
5 (a) The State Board of Elections shall create a voter
6registration affidavit that shall be the exclusive means by
7which a noncitizen of the United States may register to vote in
8municipal elections. Registration affidavits shall be filed
9with a municipality's clerk.
10 Elections conducted under this Section, for the purpose of
11Section 1 of Article III of the Illinois Constitution, are
12considered non-State elections and are not subject to the
13citizenship requirement of that Section.
14 Upon request, a voter may obtain a ballot listing only
15offices to be elected under this Section.
16 (b) The voter registration affidavit shall, in addition to
17any other information required by the State Board of Elections,
18require the individual to attest under penalty of perjury that:
19 (1) the individual is not a United States citizen;
20 (2) the individual is a resident within the boundaries
21 of a municipality and intends to remain a resident within
22 those boundaries until the next municipal election;
23 (3) at the time of the next municipal election, the
24 individual will be at least 18 years old; and
25 (4) the individual is not otherwise disqualified from

HB5474- 5 -LRB101 18148 AWJ 67589 b
1 voting under Section 2 of Article III of the Illinois
2 Constitution.
3 The voter registration affidavit shall also state that it
4does not entitle an individual to vote for candidates in any
5other election other than municipal elections, except if
6registered for school board elections under Section 9-3 of the
7School Code.
8 (c) An individual's voter registration affidavit shall be
9valid for one municipal election. An individual must submit a
10new voter registration affidavit prior to voting in each
11municipal election.
12 (d) The voter registration affidavit shall include the
13following notice:
14 "IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES. Any
15information you provide to the municipality, including your
16name and address, may be obtained by Immigration and Customs
17Enforcement (ICE) and other agencies, organizations, and
18individuals. In addition, if you apply for naturalization, you
19will be asked whether you have ever registered or voted in a
20federal, state, or local election in the United States. You may
21wish to consult with an immigration attorney, an organization
22that protects immigrant rights, or other knowledgeable source
23before registering to vote in a local municipal election.".
24 (e) The notice in subsection (d) shall appear in
25conspicuous type in contrast by typography, layout, or color
26with all other words on each document or website where the

HB5474- 6 -LRB101 18148 AWJ 67589 b
1notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF
2THE UNITED STATES" shall appear in capital letters. The notice
3shall be included on both the State Board of Elections' and the
4municipality's websites.
5 (65 ILCS 5/7-1-1.1) (from Ch. 24, par. 7-1-1.1)
6 Sec. 7-1-1.1. Elector. For the purposes of this Division 1,
7"elector" means anyone registered to vote or a person qualified
8to vote under Section 1-9-10.
9(Source: P.A. 90-14, eff. 7-1-97.)
10 Section 10. The School Code is amended by changing Section
119-2 and by adding Section 9-3 as follows:
12 (105 ILCS 5/9-2) (from Ch. 122, par. 9-2)
13 Sec. 9-2. Election Definitions. As used in this Act in
14connection with elections of school officials and referenda:
15 (a) "Voter" or "Legal voter" or "elector" means a person
16qualified to vote under the general election law or a person
17qualified to vote under Section 9-3.
18 (b) "Certify" and "certification", when used in connection
19with elections of officers or referenda, refers to the
20certification in accordance with the general election law of
21offices, candidates or propositions to county clerks and boards
22of election commissioners for inclusion on the ballot at an
23election.

HB5474- 7 -LRB101 18148 AWJ 67589 b
1 (c) "Submit" and "submission" when used in connection with
2a referendum on a proposition or question refers to the
3submission to the voters in accordance with the general
4election law of the proposition or question by county clerks
5and boards of election commissioners.
6 (d) "Local election official" means the secretary of a
7board of education, the secretary or clerk of a board of school
8directors, the treasurer of a township board of school
9trustees, the secretary of township land commissioners and the
10regional superintendent of schools with respect to the various
11school officer elections and school referenda for which the
12regional superintendent is assigned election duties pursuant
13to this Code.
14(Source: P.A. 84-1338.)
15 (105 ILCS 5/9-3 new)
16 Sec. 9-3. Noncitizen registration for school board
17elections.
18 (a) The State Board of Elections shall create a voter
19registration affidavit that shall be the exclusive means by
20which a noncitizen of the United States may register to vote in
21school board elections. Registration affidavits shall be filed
22with a local board of education.
23 Elections conducted under this Section, for the purpose of
24Section 1 of Article III of the Illinois Constitution, are
25considered non-State elections and are not subject to the

HB5474- 8 -LRB101 18148 AWJ 67589 b
1citizenship requirement of that Section.
2 Upon request, a voter may obtain a ballot listing only
3offices to be elected under this Section.
4 (b) The voter registration affidavit shall, in addition to
5any other information required by the State Board of Education,
6require the individual to attest under penalty of perjury that:
7 (1) the individual is not a United States citizen;
8 (2) the individual is a resident within the boundaries
9 of a school district and intends to remain a resident
10 within those boundaries until the next school board
11 election;
12 (3) the individual is a parent, legal guardian, or
13 caregiver of a child who, at the time of the next school
14 board election, will be under age 19 and resides within the
15 boundaries of a school district;
16 (4) at the time of the next school board election, the
17 individual will be at least 18 years old; and
18 (5) the individual is not otherwise disqualified from
19 voting under Section 2 of Article III of the Illinois
20 Constitution.
21 The voter registration affidavit shall also state that it
22does not entitle an individual to vote for candidates in any
23other election other than school board elections, except if
24registered for municipal elections under Section 1-9-10 of the
25Illinois Municipal Code.
26 (c) An individual's voter registration affidavit shall be

HB5474- 9 -LRB101 18148 AWJ 67589 b
1valid for one school board election. An individual must submit
2a new voter registration affidavit prior to voting in each
3school board election.
4 (d) The voter registration affidavit shall include the
5following notice:
6 "IMPORTANT NOTICE FOR NONCITIZENS OF THE UNITED STATES. Any
7information you provide to the local board of education,
8including your name and address, may be obtained by Immigration
9and Customs Enforcement (ICE) and other agencies,
10organizations, and individuals. In addition, if you apply for
11naturalization, you will be asked whether you have ever
12registered or voted in a federal, state, or local election in
13the United States. You may wish to consult with an immigration
14attorney, an organization that protects immigrant rights, or
15other knowledgeable source before registering to vote in a
16local school board election.".
17 (e) The notice in subsection (d) shall appear in
18conspicuous type in contrast by typography, layout, or color
19with all other words on each document or website where the
20notice appears. The words "IMPORTANT NOTICE FOR NONCITIZENS OF
21THE UNITED STATES" shall appear in capital letters. The notice
22shall be included on both the State Board of Elections' and a
23local school board's websites.
feedback