(10 ILCS 5/1A‑8) (from Ch. 46, par. 1A‑8)
Sec. 1A‑8. The State Board of Elections shall exercise the following
powers and perform the following duties in addition to any powers or duties
otherwise provided for by law:
(1) Assume all duties and responsibilities of the |
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State Electoral Board and the Secretary of State as heretofore provided in this Act;
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(2) Disseminate information to and consult with
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election authorities concerning the conduct of elections and registration in accordance with the laws of this State and the laws of the United States;
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(3) Furnish to each election authority prior to each
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primary and general election and any other election it deems necessary, a manual of uniform instructions consistent with the provisions of this Act which shall be used by election authorities in the preparation of the official manual of instruction to be used by the judges of election in any such election. In preparing such manual, the State Board shall consult with representatives of the election authorities throughout the State. The State Board may provide separate portions of the uniform instructions applicable to different election jurisdictions which administer elections under different options provided by law. The State Board may by regulation require particular portions of the uniform instructions to be included in any official manual of instructions published by election authorities. Any manual of instructions published by any election authority shall be identical with the manual of uniform instructions issued by the Board, but may be adapted by the election authority to accommodate special or unusual local election problems, provided that all manuals published by election authorities must be consistent with the provisions of this Act in all respects and must receive the approval of the State Board of Elections prior to publication; provided further that if the State Board does not approve or disapprove of a proposed manual within 60 days of its submission, the manual shall be deemed approved.
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(4) Prescribe and require the use of such uniform
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forms, notices, and other supplies not inconsistent with the provisions of this Act as it shall deem advisable which shall be used by election authorities in the conduct of elections and registrations;
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(5) Prepare and certify the form of ballot for any
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proposed amendment to the Constitution of the State of Illinois, or any referendum to be submitted to the electors throughout the State or, when required to do so by law, to the voters of any area or unit of local government of the State;
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(6) Require such statistical reports regarding the
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conduct of elections and registration from election authorities as may be deemed necessary;
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(7) Review and inspect procedures and records
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relating to conduct of elections and registration as may be deemed necessary, and to report violations of election laws to the appropriate State's Attorney;
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(8) Recommend to the General Assembly legislation to
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improve the administration of elections and registration;
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(9) Adopt, amend or rescind rules and regulations in
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the performance of its duties provided that all such rules and regulations must be consistent with the provisions of this Article 1A or issued pursuant to authority otherwise provided by law;
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(10) Determine the validity and sufficiency of
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petitions filed under Article XIV, Section 3, of the Constitution of the State of Illinois of 1970;
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(11) Maintain in its principal office a research
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library that includes, but is not limited to, abstracts of votes by precinct for general primary elections and general elections, current precinct maps and current precinct poll lists from all election jurisdictions within the State. The research library shall be open to the public during regular business hours. Such abstracts, maps and lists shall be preserved as permanent records and shall be available for examination and copying at a reasonable cost;
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(12) Supervise the administration of the
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registration and election laws throughout the State;
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(13) Obtain from the Department of Central
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Management Services, under Section 405‑250 of the Department of Central Management Services Law (20 ILCS 405/405‑250), such use of electronic data processing equipment as may be required to perform the duties of the State Board of Elections and to provide election‑related information to candidates, public and party officials, interested civic organizations and the general public in a timely and efficient manner; and
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(14) To take such action as may be necessary or
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required to give effect to directions of the national committee or State central committee of an established political party under Sections 7‑8, 7‑11 and 7‑14.1 or such other provisions as may be applicable pertaining to the selection of delegates and alternate delegates to an established political party's national nominating conventions or, notwithstanding any candidate certification schedule contained within the Election Code, the certification of the Presidential and Vice Presidential candidate selected by the established party's national nominating convention in 2004.
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The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations and orders
under this Article shall be issued only by the Board.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader and
the Clerk of the House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law in relation
to the General Assembly", approved February 25, 1874, as amended, and
filing such additional copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 93‑686, eff. 7‑8‑04.)
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(10 ILCS 5/1A‑16)
(Text of Section from P.A. 94‑492)
Sec. 1A‑16.
Voter registration information; internet posting; processing
of voter registration forms; content of such forms.
Notwithstanding any law to
the contrary, the following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of voter registration
form. Within 90 days after the effective date of this amendatory Act of the
93rd
General Assembly, the State Board of Elections shall post on its World Wide Web
site the following information:
(1) A comprehensive list of the names, addresses,
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phone numbers, and websites, if applicable, of all county clerks and boards of election commissioners in Illinois.
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(2) A schedule of upcoming elections and the
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deadline for voter registration.
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(3) A downloadable, printable voter registration
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form, in at least English and in Spanish versions, that a person may complete and mail or submit to the State Board of Elections or the appropriate county clerk or board of election commissioners.
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Any forms described under paragraph (3) must state the following:
If you do not have a driver's license or social
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security number, and this form is submitted by mail, and you have never registered to vote in the jurisdiction you are now registering in, then you must send, with this application, either (i) a copy of a current and valid photo identification, or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If you do not provide the information required above, then you will be required to provide election officials with either (i) or (ii) described above the first time you vote at a voting place or by absentee ballot.
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(b) Acceptance of registration forms by the State Board of Elections and
county clerks and board of election commissioners. The
State Board of Elections, county clerks, and board of election commissioners
shall accept all completed voter registration forms
described in subsection (a)(3) of this Section and Section 1A‑30 that are:
(1) postmarked on or before the day that voter
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registration is closed under the Election Code;
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(2) not postmarked, but arrives no later than 5 days
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after the close of registration;
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(3) submitted in person by a person using the form
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on or before the day that voter registration is closed under the Election Code; or
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(4) submitted in person by a person who submits one
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or more forms on behalf of one or more persons who used the form on or before the day that voter registration is closed under the Election Code.
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Upon the receipt of a registration form, the State Board of Elections shall
mark
the date on which the form was received
and send the form via first class mail to the appropriate county clerk or board
of
election commissioners, as the case may be, within 2 business days based upon
the home address of the person submitting the registration form. The county
clerk and board of election commissioners shall accept and process any form
received from the State Board of Elections.
(c) Processing of registration forms by county clerks and boards of election
commissioners. The county clerk or board of election commissioners shall
promulgate procedures for processing the voter registration form.
(d) Contents of the voter registration form. The State Board shall create
a voter registration form, which must contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
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(3) Instructions for mailing in or submitting the
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(4) The phone number for the State Board of
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Elections should a person submitting the form have questions.
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(5) A box for the person to check that explains one
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of 3 reasons for submitting the form:
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(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that
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asks, "Are you a citizen of the United States?", a box for the person to check yes or no that asks, "Will you be 18 years of age on or before election day?", and a statement of "If you checked 'no' in response to either of these questions, then do not complete this form.".
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(7) A space for the person to fill in his or her
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(8) Spaces for the person to fill in his or her
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first, middle, and last names, street address (principal place of residence), county, city, state, and zip code.
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(9) Spaces for the person to fill in his or her
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mailing address, city, state, and zip code if different from his or her principal place of residence.
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(10) A space for the person to fill in his or her
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Illinois driver's license number if the person has a driver's license.
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(11) A space for a person without a driver's license
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to fill in the last four digits of his or her social security number if the person has a social security number.
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(12) A space for a person without an Illinois
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driver's license to fill in his or her identification number from his or her State Identification card issued by the Secretary of State.
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(13) A space for the person to fill the name
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appearing on his or her last voter registration, the street address of his or her last registration, including the city, county, state, and zip code.
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(14) A space where the person swears or affirms the
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following under penalty of perjury with his or her signature:
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(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or
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before the next election.";
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(c) "I will have lived in the State of Illinois
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and in my election precinct at least 30 days as of the date of the next election."; and
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"The information I have provided is true to the
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best of my knowledge under penalty of perjury. If I have provided false information, then I may be fined, imprisoned, or if I am not a U.S. citizen, deported from or refused entry into the United States."
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(d) Compliance with federal law; rulemaking authority. The voter
registration
form described in this Section shall be consistent with the form prescribed by
the
Federal
Election Commission under the National Voter Registration Act of 1993,
P.L. 103‑31, as amended from time to time, and the Help America Vote Act of
2002, P.L. 107‑252, in all relevant respects. The State Board of Elections
shall periodically update the form based on changes to federal or State law.
The State Board of Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter Registration Act of
1993 and Help America Vote Act of 2002 and maximize the opportunity for a
person to register to vote.
(e) Forms available in paper form. The State Board of Elections shall make
the voter registration form available in regular paper stock and form in
sufficient quantities for the general public. The State Board of Elections may
provide the voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies of the State of
Illinois, and any other person or entity designated to have these forms by the
Election Code in regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election commissioners has
the authority to design and print its own voter registration form so long as
the form complies with the requirements of this Section. The State Board
of Elections, county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have these forms under
the Election Code shall provide a member of the public with any reasonable
number of forms
that he or she may request. Nothing in this Section shall permit the State
Board of
Elections, county clerk, board of election commissioners, or other appropriate
election official who may accept a voter registration form to refuse to accept
a voter registration form because the form is printed on photocopier or regular
paper
stock and form.
(f) Internet voter registration study. The State Board of Elections shall
investigate the feasibility of offering voter registration on its website and
consider voter registration methods of other states in an effort to maximize
the opportunity for all Illinois citizens to register to vote. The State Board
of Elections shall assemble its findings in a report and submit it to the
General Assembly no later than January 1, 2006. The report shall contain
legislative recommendations to the General Assembly on improving voter
registration in Illinois.
(Source: P.A. 93‑574, eff. 8‑21‑03; 94‑492, eff. 1‑1‑06.)
(Text of Section from P.A. 94‑645)
Sec. 1A‑16. Voter registration information; internet posting; processing
of voter registration forms; content of such forms. Notwithstanding any law to
the contrary, the following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of voter registration
form. Within 90 days after the effective date of this amendatory Act of the
93rd
General Assembly, the State Board of Elections shall post on its World Wide Web
site the following information:
(1) A comprehensive list of the names, addresses,
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phone numbers, and websites, if applicable, of all county clerks and boards of election commissioners in Illinois.
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(2) A schedule of upcoming elections and the
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deadline for voter registration.
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(3) A downloadable, printable voter registration
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form, in at least English and in Spanish versions, that a person may complete and mail or submit to the State Board of Elections or the appropriate county clerk or board of election commissioners.
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Any forms described under paragraph (3) must state the following:
If you do not have a driver's license or social
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security number, and this form is submitted by mail, and you have never registered to vote in the jurisdiction you are now registering in, then you must send, with this application, either (i) a copy of a current and valid photo identification, or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If you do not provide the information required above, then you will be required to provide election officials with either (i) or (ii) described above the first time you vote at a voting place or by absentee ballot.
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(b) Acceptance of registration forms by the State Board of Elections and
county clerks and board of election commissioners. The
State Board of Elections, county clerks, and board of election commissioners
shall accept all completed voter registration forms
described in subsection (a)(3) of this Section and Section 1A‑17 that are:
(1) postmarked on or before the day that voter
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registration is closed under the Election Code;
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(2) not postmarked, but arrives no later than 5 days
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after the close of registration;
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(3) submitted in person by a person using the form
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on or before the day that voter registration is closed under the Election Code; or
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(4) submitted in person by a person who submits one
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or more forms on behalf of one or more persons who used the form on or before the day that voter registration is closed under the Election Code.
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Upon the receipt of a registration form, the State Board of Elections shall
mark
the date on which the form was received
and send the form via first class mail to the appropriate county clerk or board
of
election commissioners, as the case may be, within 2 business days based upon
the home address of the person submitting the registration form. The county
clerk and board of election commissioners shall accept and process any form
received from the State Board of Elections.
(c) Processing of registration forms by county clerks and boards of election
commissioners. The county clerk or board of election commissioners shall
promulgate procedures for processing the voter registration form.
(d) Contents of the voter registration form. The State Board shall create
a voter registration form, which must contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
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(3) Instructions for mailing in or submitting the
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(4) The phone number for the State Board of
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Elections should a person submitting the form have questions.
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(5) A box for the person to check that explains one
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of 3 reasons for submitting the form:
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(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that
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asks, "Are you a citizen of the United States?", a box for the person to check yes or no that asks, "Will you be 18 years of age on or before election day?", and a statement of "If you checked 'no' in response to either of these questions, then do not complete this form.".
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(7) A space for the person to fill in his or her
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(8) Spaces for the person to fill in his or her
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first, middle, and last names, street address (principal place of residence), county, city, state, and zip code.
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(9) Spaces for the person to fill in his or her
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mailing address, city, state, and zip code if different from his or her principal place of residence.
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(10) A space for the person to fill in his or her
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Illinois driver's license number if the person has a driver's license.
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(11) A space for a person without a driver's license
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to fill in the last four digits of his or her social security number if the person has a social security number.
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(12) A space for a person without an Illinois
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driver's license to fill in his or her identification number from his or her State Identification card issued by the Secretary of State.
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(13) A space for the person to fill the name
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appearing on his or her last voter registration, the street address of his or her last registration, including the city, county, state, and zip code.
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(14) A space where the person swears or affirms the
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following under penalty of perjury with his or her signature:
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(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or
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before the next election.";
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(c) "I will have lived in the State of Illinois
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and in my election precinct at least 30 days as of the date of the next election."; and
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"The information I have provided is true to the
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best of my knowledge under penalty of perjury. If I have provided false information, then I may be fined, imprisoned, or if I am not a U.S. citizen, deported from or refused entry into the United States."
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(d) Compliance with federal law; rulemaking authority. The voter
registration
form described in this Section shall be consistent with the form prescribed by
the
Federal
Election Commission under the National Voter Registration Act of 1993,
P.L. 103‑31, as amended from time to time, and the Help America Vote Act of
2002, P.L. 107‑252, in all relevant respects. The State Board of Elections
shall periodically update the form based on changes to federal or State law.
The State Board of Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter Registration Act of
1993 and Help America Vote Act of 2002 and maximize the opportunity for a
person to register to vote.
(e) Forms available in paper form. The State Board of Elections shall make
the voter registration form available in regular paper stock and form in
sufficient quantities for the general public. The State Board of Elections may
provide the voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies of the State of
Illinois, and any other person or entity designated to have these forms by the
Election Code in regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election commissioners has
the authority to design and print its own voter registration form so long as
the form complies with the requirements of this Section. The State Board
of Elections, county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have these forms under
the Election Code shall provide a member of the public with any reasonable
number of forms
that he or she may request. Nothing in this Section shall permit the State
Board of
Elections, county clerk, board of election commissioners, or other appropriate
election official who may accept a voter registration form to refuse to accept
a voter registration form because the form is printed on photocopier or regular
paper
stock and form.
(f) Internet voter registration study. The State Board of Elections shall
investigate the feasibility of offering voter registration on its website and
consider voter registration methods of other states in an effort to maximize
the opportunity for all Illinois citizens to register to vote. The State Board
of Elections shall assemble its findings in a report and submit it to the
General Assembly no later than January 1, 2006. The report shall contain
legislative recommendations to the General Assembly on improving voter
registration in Illinois.
(Source: P.A. 93‑574, eff. 8‑21‑03; 94‑645, eff. 8‑22‑05.)
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(10 ILCS 5/1A‑25)
(Text of Section from P.A. 94‑136)
Sec. 1A‑25.
Centralized statewide voter registration list.
The centralized statewide voter registration list required by Title III, Subtitle A, Section 303 of the Help America Vote Act of 2002 shall be created and maintained by the State Board of Elections as provided in this Section.
(1) The centralized statewide voter registration list
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shall be compiled from the voter registration data bases of each election authority in this State.
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(2) All new voter registration forms and applications
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to register to vote shall be transmitted to the appropriate election authority. The election authority shall process and verify each voter registration form and electronically enter verified registrations on an expedited basis onto the statewide voter registration list. All original registration cards shall remain permanently in the office of the election authority as required by Sections 4‑20, 5‑28, and 6‑65.
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(3) The centralized statewide voter registration list
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(i) Be designed to allow election authorities to
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utilize the registration data on the statewide voter registration list pertinent to voters registered in their election jurisdiction on locally maintained software programs that are unique to each jurisdiction.
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(ii) Allow each election authority to perform
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essential election management functions, including but not limited to production of voter lists, processing of absentee voters, production of individual, pre‑printed applications to vote, administration of election judges, and polling place administration, but shall not prevent any election authority from using information from that election authority's own systems.
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(4) The registration information maintained by each
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election authority shall at all times be synchronized with that authority's information on the statewide list on a constant, real‑time basis.
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To protect the privacy and confidentiality of voter registration information, the disclosure of any portion of the centralized statewide voter registration list to any person or entity other than to a State or local political committee and other than to a governmental entity for a governmental purpose is specifically prohibited except as follows: subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list.
(Source: P.A. 93‑1071, eff. 1‑18‑05; 94‑136, eff. 7‑7‑05.)
(Text of Section from P.A. 94‑645)
Sec. 1A‑25. Centralized statewide voter registration list. The centralized statewide voter registration list required by Title III, Subtitle A, Section 303 of the Help America Vote Act of 2002 shall be created and maintained by the State Board of Elections as provided in this Section.
(1) The centralized statewide voter registration list
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shall be compiled from the voter registration data bases of each election authority in this State.
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(2) All new voter registration forms and applications
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to register to vote, including those reviewed by the Secretary of State at a driver services facility, shall be transmitted only to the appropriate election authority as required by Articles 4, 5, and 6 of this Code and not to the State Board of Elections. The election authority shall process and verify each voter registration form and electronically enter verified registrations on an expedited basis onto the statewide voter registration list. All original registration cards shall remain permanently in the office of the election authority as required by this Code.
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(3) The centralized statewide voter registration list
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(i) Be designed to allow election authorities to
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utilize the registration data on the statewide voter registration list pertinent to voters registered in their election jurisdiction on locally maintained software programs that are unique to each jurisdiction.
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(ii) Allow each election authority to perform
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essential election management functions, including but not limited to production of voter lists, processing of absentee voters, production of individual, pre‑printed applications to vote, administration of election judges, and polling place administration, but shall not prevent any election authority from using information from that election authority's own systems.
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(4) The registration information maintained by each
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election authority shall be synchronized with that authority's information on the statewide list at least once every 24 hours.
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To protect the privacy and confidentiality of voter registration information, the disclosure of any portion of the centralized statewide voter registration list to any person or entity other than to a State or local political committee and other than to a governmental entity for a governmental purpose is specifically prohibited.
(Source: P.A. 93‑1071, eff. 1‑18‑05; 94‑645, eff. 8‑22‑05.)
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