Bill Text: IL HB1140 | 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 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

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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
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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
Section 4-14.1 as follows:
(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)
Sec. 4-14.1. Cancellation 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

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promptly transmit certified records to the county clerk within
7 days after the death of the decedent. The county clerk and
coroner shall 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 this Section and
accuracy of the voter rolls. In addition, on a monthly basis,
the county clerk shall request from the United States Postal
Service records of each permanent change of address form
submitted to the Postal Service related to an address in the
county and shall update the registration of any person whose
address appears to have changed, as indicated by those
records.
(b) Any person may request a copy of the evidence of
deposits of records and required reports under subsection (a).
The county shall produce a copy of the evidence of deposits or
required reports within 5 business days of receipt of the
request or within 48 hours of receipt of the request if the
request is received 30 days or less before an election.
(c) A person may file a petition for injunction or
declaratory relief to enforce subsection (a) or a request for
records under subsection (b). The circuit court may order (i)
production of evidence of the deposits of records, (ii)
production of required reports, or (iii) compliance with any
of the requirements of subsection (a).
(d) If a person seeking the right to receive a copy of
documents under subsection (b) prevails in a proceeding under

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subsection (c), the court shall award the 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 in an action under subsection
(c) that an individual required to act under this Section
willfully and intentionally failed to comply with this
Section, or otherwise acted in bad faith, the court shall
impose upon the county in which the individual was responsible
to perform duties under this Section a civil penalty of not
less than $2,500 nor more than $5,000 for each occurrence. In
assessing the civil penalty, the court shall consider in
aggravation or mitigation the budget of the county and whether
the county has previously been assessed penalties for
violations of this Section. The court may impose an additional
civil penalty of up to $1,000 for each day that violation of
the court's order to disclose documents under this Section
continues if:
(1) the individual 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 individual additional
time to comply with the court's order to disclose public
records.
A civil penalty imposed under this subsection is in

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