Bill Text: IL SB2916 | 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 their affiliated county board and certify their 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 time frames.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-26 - Referred to Assignments [SB2916 Detail]

Download: Illinois-2023-SB2916-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2916

Introduced 1/26/2024, by Sen. Tom Bennett

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 their affiliated county board and certify their 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 time frames.
LRB103 37828 SPS 67958 b

A BILL FOR

SB2916LRB103 37828 SPS 67958 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 their affiliated county
4board and certify their full compliance with this Section and
5accuracy of the voter rolls.
6 (b) Any person may request a copy of the report required in
7subsection (a). Failure to provide an accurate report by the
8county clerk within 5 business days, or 48 hours if 30 days
9before an election, may file suit for injunction or
10declaratory relief to enforce subsection (a) or this
11subsection (b).
12 (c) The circuit court shall have the jurisdiction to order
13the production of the required: (i) deposits of records; (ii)
14reports; and (iii) documents in compliance with subsection
15(a), including establishing the accuracy of the voter
16registration rolls.
17 (d) If a person seeking the right to receive a copy of the
18documents pursuant to subsection (a) or enforce the provision
19of subsection (a) prevails in a proceeding under this Section,
20the court shall award such person reasonable attorney's fees
21and costs. In determining what amount of attorney's fees is
22reasonable, the court shall consider the degree to which the
23relief obtained relates to the relief sought.
24 (e) If the court determines that a public body willfully
25and intentionally failed to comply with this Section, or
26otherwise acted in bad faith, the court shall also impose upon

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