Bill Text: IL HB1244 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1244 Detail]

Download: Illinois-2023-HB1244-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1244 Introduced , by Rep. Kambium Buckner SYNOPSIS AS INTRODUCED:
See Index
Amends the Election Code. Creates the Rights of Voters Article. Prohibits the imposition or application of a voting qualification, prerequisite, standard, practice, or procedure by the State or any locality in a manner that results in a denial or abridgment of the right of any citizen of the United States to vote based on race, color, or membership in a language minority. Provides that an election authority must provide election materials in the language of a single language minority if the area or part of an area of the election authority has more than 5% of its eligible voters or 10,000 eligible voters who are members of the single language minority and are unable to speak or understand English adequately to participate in the electoral process. Requires notice of certain changes in the election process and allows for a public comment period. Alternatively, allows the county board or board of election commissioners to submit proposed changes to the Attorney General for implementation. Prohibits the use of an at-large method of election in a manner that impairs the ability of members of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. Creates the Voter Education and Outreach Fund as a special fund in the State treasury to deposit all penalties and charges related to violations of the provisions. Allows the Attorney General or a member of a language minority to commence a civil action in response to a violation of the provisions. Makes other changes. Provides that the amendatory Act may be referred to as the Illinois Voting Protection Act.
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A BILL FOR
HB1244 LRB103 05859 AWJ 50880 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Illinois
Voting Protection Act.
Section 5. The Election Code is amended by adding Article
3A and Sections 29-21, 29-22, and 29-23 and by changing
Sections 12-1, 17-14, 18-5, and 29-4 as follows:
(10 ILCS 5/Art. 3A heading new)
ARTICLE 3A. RIGHTS OF VOTERS
(10 ILCS 5/3A-1 new)
Sec. 3A-1. Definitions. As used in this Article:
"Covered locality" means a locality or part of a locality
designated by the State Board of Elections as a covered
locality under subsection (a) of Section 3A-15.
"Locality" means the geographic area within which an
election authority operates.
"Protected class" means a group of citizens protected from
discrimination based on race, color, or membership in a
language minority.

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(10 ILCS 5/3A-5 new)
Sec. 3A-5. Vote denial or dilution.
(a) No voting qualification, prerequisite, standard,
practice, or procedure shall be imposed or applied by the
State or any locality in a manner that results in a denial or
abridgment of the right of any citizen of the United States to
vote based on the citizen's protected class.
(b) A violation of subsection (a) is established if, on
the basis of the totality of the circumstances, it is shown
that the political processes leading to nomination or election
in the State or a locality are not equally open to
participation by members of a protected class. The extent to
which members of a protected class have been elected to office
in the State or locality is one circumstance that may be
considered.
(c) Nothing in this Section shall be construed to
establish a right to have members of a protected class elected
in numbers equal to their proportion in the population.
(10 ILCS 5/3A-10 new)
Sec. 3A-10. Impairment of voting rights of registered
voters. Nothing in this Article shall be construed to deny,
impair, or otherwise adversely affect the right to vote of any
registered voter.
(10 ILCS 5/3A-15 new)

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Sec. 3A-15. Minority language accessibility; covered
locality.
(a) The State Board of Elections shall designate a
locality or a part of a locality as a covered locality if it
determines, in consultation with the Census Bureau of the
United States Department of Commerce and after review of
American Community Survey census data, or comparable census
data, that (i) more than 5% of the citizens of voting age of
the locality or a part of the locality are members of a single
language minority and are unable to speak or understand
English adequately enough to participate in the electoral
process or (ii) more than 10,000 of the citizens of voting age
of the locality or a part of the locality are members of a
single language minority and are unable to speak or understand
English adequately enough to participate in the electoral
process.
(b) Whenever the election authority of a covered locality
provides any voting or election materials, it must provide the
materials in the language of the applicable minority group as
well as in the English language in the covered locality. The
election authority of a covered locality must distribute the
materials in the preferred language identified by the voter in
the covered locality.
As used in this subsection:
"Registration notices" means any notice of voter
registration approval, denial, or cancellation required by

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this Code.
"Voting or election materials" means registration or
voting notices, forms, instructions, assistance, voter
information pamphlets, ballots, sample ballots, candidate
qualification information, and notices regarding changes to
local election districts, precincts, or polling places.
(c) The Attorney General, or any qualified voter who is a
member of a language minority for whom the election authority
of a covered locality is required to provide voting or
election materials in that language, may institute a cause of
action in the circuit court of the covered locality to compel
the provision of the voting or election materials in the
language of the applicable minority group. In the action, the
court may, in its discretion, allow a private, prevailing
plaintiff reasonable attorney's fees as part of the costs.
(10 ILCS 5/3A-20 new)
Sec. 3A-20. Covered practices; actions required before
enactment or administration.
(a) As used in this Section:
"Certification of no objection" means a certification
issued by the Attorney General that there is no objection to
the enactment or administration of a covered practice by the
county board or board of election commissioners of a locality
because the covered practice neither has the purpose or effect
of denying or abridging the right to vote based on a protected

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class nor will result in the retrogression in the position of
members of a racial or ethnic group with respect to exercising
their right to vote.
"Covered practice" means:
(1) any change to the method of election of members of
a governing body or an elected school board by adding
seats elected at large or by converting one or more seats
elected from a single-member district to one or more
at-large seats or seats from a multi-member district;
(2) any change, or series of changes within a 12-month
period, to the boundaries of the locality that reduces by
more than 5 percentage points the proportion of the
locality's voting-age population that is composed of
members of a single racial or language minority, as
determined by the most recent American Community Survey
census data or comparable census data;
(3) any change to the boundaries of election districts
or wards in the locality, including changes made pursuant
to a decennial redistricting measure;
(4) any change that restricts the ability of any
person to provide interpreter services to voters in any
language other than English or that limits or impairs the
creation or distribution of voting or election materials
in any language other than English; or
(5) any change that reduces the number of, or
consolidates or relocates polling places in, the locality,

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except where permitted by law in the event of an
emergency.
"Voting-age population" means the resident population of
persons who are 18 years of age or older, as determined by the
most recent American Community Survey census data, or
comparable census data, available at the time any change to a
covered practice is published pursuant to subsection (b).
(b) Before enacting or seeking to administer a covered
practice that is a voting qualification, prerequisite,
standard, practice, or procedure, the election authority must
publish on the website for the county or election commission,
as applicable, the proposed covered practice and a notice of
opportunity for public comment on the proposed covered
practice. The election authority shall also publicize the
notice through press releases and other media, as the election
authority deems appropriate. The notice shall be made at least
45 days in advance of the last date prescribed in the notice
for public comment.
Public comments shall be accepted for a period of no fewer
than 30 days. During this period, the election authority must
allow interested persons to submit data, views, and arguments
in writing by mail, fax, or email or through an online public
comment forum on the website for the county or election
authority. The county board or board of election commissioners
shall conduct at least one public hearing during this 30-day
period to receive public comments on the proposed covered

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practice.
The county board or board of election commissioners may
make changes to the proposed covered practice in response to
public comments received. If doing so, the revised covered
practice shall be published and public comments shall be
accepted in accordance with this subsection, except the public
comment period shall be no fewer than 15 days.
(c) Following the public comment period or periods
required under subsection (b), the election authority shall
publish the final covered practice, which shall include a
plain English description of the practice and the text of an
ordinance giving effect to the practice, maps of proposed
boundary changes, or other relevant materials, and notice that
the covered practice will take effect in 30 days. During this
30-day waiting period, any person who will be subject to or
affected by the covered practice may challenge in the circuit
court of the locality where the covered practice is to be
implemented the covered practice as (i) having the purpose or
effect of denying or abridging the right to vote on the basis
of a protected class or (ii) resulting in the retrogression in
the position of members of a racial or ethnic group with
respect to exercising their right to vote. In the action, the
court may, in its discretion, allow a prevailing plaintiff
reasonable attorney's fees as part of the costs.
(d) A county board or board of election commissioners
seeking to administer or implement a covered practice, in lieu

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of following subsections (b) and (c), may submit the proposed
covered practice to the Office of the Attorney General for
issuance of a certification of no objection. The covered
practice shall not be given effect until the Attorney General
has issued the certification of no objection. A certification
of no objection shall be deemed to have been issued if the
Attorney General does not submit an objection to the election
authority within 60 days after the county board's or board of
election commissioners' submission or, if, upon good cause
shown and to facilitate an expedited approval within 60 days
after the county board's or board of election commissioners'
submission, the Attorney General has affirmatively indicated
that no objection will be made. An affirmative indication by
the Attorney General that no objection will be made or the
absence of an objection to the covered practice by the
Attorney General does not bar a subsequent action to enjoin
enforcement of the covered practice.
(10 ILCS 5/3A-25 new)
Sec. 3A-25. At-large method of election; limitations;
violations; remedies.
(a) An at-large method of election, including one that
combines at-large elections with district-based or ward-based
elections, shall not be imposed or applied by the election
authority in a manner that impairs the ability of members of a
protected class to elect candidates of its choice or its

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ability to influence the outcome of an election as a result of
the dilution or the abridgment of the rights of voters who are
members of a protected class.
(b) Any voter who is a member of a protected class and who
resides in a locality where a violation of this Section is
alleged may initiate a cause of action in the circuit court of
the locality. In the action, the court may, in its discretion,
allow a prevailing plaintiff reasonable attorney's fees as
part of the costs. A plaintiff may establish a violation of
subsection (a) if the plaintiff shows that racially polarized
voting occurs within the locality and that this, in
combination with the method of election, dilutes the voting
strength of members of a protected class. A finding that
racially polarized voting has occurred is not precluded by the
fact that members of a protected class are not geographically
compact or concentrated in a locality. Proof of an intent on
the part of voters or elected officials to discriminate
against members of a protected class shall not be required to
prove a violation of subsection (a).
Upon a finding of a violation of subsection (a), the court
shall order appropriate remedies that are tailored to remedy
the violation and may monitor the ongoing implementation of
remedies ordered by the court.
As used in this subsection, "racially polarized voting"
refers to the extent to which the candidate preferences of
members of the protected class and other voters in the

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jurisdiction have differed in recent elections for the office
at issue and other offices in which the voters have been
presented with a choice between candidates who are members of
the protected class and candidates who are not members of the
protected class.
(10 ILCS 5/3A-30 new)
Sec. 3A-30. Voter Education and Outreach Fund. There is
hereby created in the State treasury a special fund to be known
as the Voter Outreach and Education Fund. All penalties and
charges directed to the Fund by Section 3A-35 and all other
funds from any public or private source directed to the Fund
shall be paid into the Fund. Interest earned on moneys in the
Fund shall remain in the Fund and be credited to it. Moneys in
the Fund shall be used solely for the purposes of educating
voters and persons qualified to be voters on the rights
ensured to them pursuant to federal and State constitutional
and statutory law and remedies.
(10 ILCS 5/3A-35 new)
Sec. 3A-35. Civil actions by Attorney General.
(a) Whenever the Attorney General has reasonable cause to
believe that a violation of this Article has occurred and that
the rights of any voter or group of voters have been affected
by the violation, the Attorney General may commence a civil
action in the appropriate circuit court for appropriate

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relief.
(b) In the civil action, the court may do either of the
following:
(1) Award preventive relief as is necessary to assure
the full enjoyment of the rights granted by this Code,
including an injunction, restraining order, or other order
against the person or persons responsible for a violation
of this Article.
(2) Assess a civil penalty against the person or
persons responsible for a violation of this Article in an
amount not exceeding $50,000 for a first violation and in
an amount not exceeding $100,000 for any subsequent
violation. The civil penalties are payable into the Voter
Education and Outreach Fund.
(3) Award a prevailing plaintiff reasonable attorney's
fees and costs.
(c) The court or jury may award such other relief to an
aggrieved person as the court deems appropriate, including
compensatory damages and punitive damages.
(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
Sec. 12-1. At least 60 days prior to each general and
consolidated election, the election authority shall provide
public notice, calculated to reach elderly voters and voters
with disabilities, of the availability of registration and
voting aids under the Federal Voting Accessibility for the

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Elderly and Handicapped Act, of the availability of assistance
in marking the ballot, procedures for voting by vote by mail
ballot, and procedures for voting early by personal
appearance. The public notice shall also provide information
where persons can view the election authority's covered
practices under Section 3A-20.
At least 30 days before any general election, and at least
20 days before any special congressional election, the county
clerk shall publish a notice of the election in 2 or more
newspapers published in the county, city, village,
incorporated town or town, as the case may be, or if there is
no such newspaper, then in any 2 or more newspapers published
in the county and having a general circulation throughout the
community. The notice may be substantially as follows:
Notice is hereby given that on (give date), at (give the
place of holding the election and the name of the precinct or
district) in the county of (name county), an election will be
held for (give the title of the several offices to be filled),
which election will be open at 6:00 a.m. and continued open
until 7:00 p.m. of that day.
Dated at .... on (insert date).
(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
Sec. 17-14. Any voter who declares upon oath, properly
witnessed and with his or her signature or mark affixed, that

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he or she requires assistance to vote by reason of blindness,
physical disability or inability to read, write or speak the
English language shall, upon request, be assisted in marking
his or her ballot, by 2 judges of election of different
political parties, to be selected by all judges of election of
each precinct at the opening of the polls or by a person of the
voter's choice, other than the voter's employer or agent of
that employer or officer or agent of the voter's union. A voter
who presents an Illinois Person with a Disability
Identification Card, issued to that person under the
provisions of the Illinois Identification Card Act, indicating
that such voter has a Class 1A or Class 2 disability under the
provisions of Section 4A of the Illinois Identification Card
Act, or a voter who declares upon oath, properly witnessed,
that by reason of any physical disability he is unable to mark
his ballot shall, upon request, be assisted in marking his
ballot by 2 of the election officers of different parties as
provided above in this Section or by a person of the voter's
choice other than the voter's employer or agent of that
employer or officer or agent of the voter's union. Such voter
shall state specifically the reason why he cannot vote without
assistance and, in the case of a voter with a physical
disability, what his physical disability is. Prior to entering
the voting booth, the person providing the assistance, if
other than 2 judges of election, shall be presented with
written instructions on how assistance shall be provided. This

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instruction shall be prescribed by the State Board of
Elections and shall include the penalties for attempting to
influence the voter's choice of candidates, party, or votes in
relation to any question on the ballot and for not marking the
ballot as directed by the voter. Additionally, the person
providing the assistance shall sign an oath, swearing not to
influence the voter's choice of candidates, party, or votes in
relation to any question on the ballot and to cast the ballot
as directed by the voter. The oath shall be prescribed by the
State Board of Elections and shall include the penalty for
violating this Section. In the voting booth, such person shall
mark the ballot as directed by the voter, and shall thereafter
give no information regarding the same. The judges of election
shall enter upon the poll lists or official poll record after
the name of any elector who received such assistance in
marking his ballot a memorandum of the fact and if the
disability is permanent. Intoxication shall not be regarded as
a physical disability, and no intoxicated person shall be
entitled to assistance in marking his ballot.
If the voter requires assistance in a language other than
English and has not designated a person to provide assistance,
an election officer may assist as an interpreter but shall
first inquire of those authorized to be present whether they
have a volunteer available who can interpret for the voter.
One representative for each party or candidate, insofar as
available, shall be permitted to observe the election officer

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communicate with the voter. In any locality designated as a
covered locality under Section 3A-15, the local election
authority shall ensure that interpretation services in the
language of the applicable minority group are available and
easily accessible to voters needing assistance pursuant to
this subsection.
No person shall secure or attempt to secure assistance in
voting who is not blind, a person with a physical disability,
or illiterate as herein provided, nor shall any person
knowingly assist a voter in voting contrary to the provisions
of this Section.
(Source: P.A. 99-143, eff. 7-27-15.)
(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
Sec. 18-5. Any person desiring to vote and whose name is
found upon the register of voters by the person having charge
thereof, shall then be questioned by one of the judges as to
his nativity, his term of residence at present address,
precinct, State and United States, his age, whether
naturalized and if so the date of naturalization papers and
court from which secured, and he shall be asked to state his
residence when last previously registered and the date of the
election for which he then registered. The judges of elections
shall check each application for ballot against the list of
voters registered in that precinct to whom grace period, vote
by mail, and early ballots have been issued for that election,

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which shall be provided by the election authority and which
list shall be available for inspection by pollwatchers. A
voter applying to vote in the precinct on election day whose
name appears on the list as having been issued a grace period,
vote by mail, or early ballot shall not be permitted to vote in
the precinct, except that a voter to whom a vote by mail ballot
was issued may vote in the precinct if the voter submits to the
election judges that vote by mail ballot for cancellation. If
the voter is unable to submit the vote by mail ballot, it shall
be sufficient for the voter to submit to the election judges
(i) a portion of the vote by mail ballot if the vote by mail
ballot was torn or mutilated or (ii) an affidavit executed
before the election judges specifying that (A) the voter never
received a vote by mail ballot or (B) the voter completed and
returned a vote by mail ballot and was informed that the
election authority did not receive that vote by mail ballot.
If such person so registered shall be challenged as
disqualified, the party challenging shall assign his reasons
therefor, and thereupon one of the judges shall administer to
him an oath to answer questions, and if he shall take the oath
he shall then be questioned by the judge or judges touching
such cause of challenge, and touching any other cause of
disqualification. And he may also be questioned by the person
challenging him in regard to his qualifications and identity.
But if a majority of the judges are of the opinion that he is
the person so registered and a qualified voter, his vote shall

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then be received accordingly. But if his vote be rejected by
such judges, such person may afterward produce and deliver an
affidavit to such judges, subscribed and sworn to by him
before one of the judges, in which it shall be stated how long
he has resided in such precinct, and state; that he is a
citizen of the United States, and is a duly qualified voter in
such precinct, and that he is the identical person so
registered. In addition to such an affidavit, the person so
challenged shall provide to the judges of election proof of
residence by producing 2 forms of identification showing the
person's current residence address, provided that such
identification may include a lease or contract for a residence
and not more than one piece of mail addressed to the person at
his current residence address and postmarked not earlier than
30 days prior to the date of the election, or the person shall
procure a witness personally known to the judges of election,
and resident in the precinct (or district), or who shall be
proved by some legal voter of such precinct or district, known
to the judges to be such, who shall take the oath following,
viz:
I do solemnly swear (or affirm) that I am a resident of
this election precinct (or district), and entitled to vote at
this election, and that I have been a resident of this State
for 30 days last past, and am well acquainted with the person
whose vote is now offered; that he is an actual and bona fide
resident of this election precinct (or district), and has

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resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
The oath in each case may be administered by one of the
judges of election, or by any officer, resident in the
precinct or district, authorized by law to administer oaths.
Also supported by an affidavit by a registered voter residing
in such precinct, stating his own residence, and that he knows
such person; and that he does reside at the place mentioned and
has resided in such precinct and state for the length of time
as stated by such person, which shall be subscribed and sworn
to in the same way. For purposes of this Section, the
submission of a photo identification issued by a college or
university, accompanied by either (i) a copy of the
applicant's contract or lease for a residence or (ii) one
piece of mail addressed to the person at his or her current
residence address and postmarked not earlier than 30 days
prior to the date of the election, shall be sufficient to
establish proof of residence. Whereupon the vote of such
person shall be received, and entered as other votes. But such
judges, having charge of such registers, shall state in their
respective books the facts in such case, and the affidavits,
so delivered to the judges, shall be preserved and returned to
the office of the commissioners of election. Blank affidavits
of the character aforesaid shall be sent out to the judges of
all the precincts, and the judges of election shall furnish
the same on demand and administer the oaths without criticism.

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Such oaths, if administered by any other officer than such
judge of election, shall not be received. Whenever a proposal
for a constitutional amendment or for the calling of a
constitutional convention is to be voted upon at the election,
the separate blue ballot or ballots pertaining thereto shall
be placed on top of the other ballots to be voted at the
election in such manner that the legend appearing on the back
thereof, as prescribed in Section 16-6 of this Act, shall be
plainly visible to the voter, and in this fashion the ballots
shall be handed to the voter by the judge.
If the voter requires assistance in a language other than
English and has not designated a person to assist him, an
election officer may assist as an interpreter but shall first
inquire of those authorized to be present whether they have a
volunteer available who can interpret for the voter. One
representative for each party or candidate, insofar as
available, shall be permitted to observe the election officer
communicate with the voter. In any locality designated as a
covered locality under Section 3A-15, the local election
authority shall ensure that interpretation services in the
language of the applicable minority group are available and
easily accessible to voters needing assistance pursuant to
this subsection.
Immediately after voting, the voter shall be instructed
whether the voting equipment, if used, accepted or rejected
the ballot or identified the ballot as under-voted. A voter

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whose ballot is identified as under-voted for a statewide
constitutional office may return to the voting booth and
complete the voting of that ballot. A voter whose ballot is not
accepted by the voting equipment may, upon surrendering the
ballot, request and vote another ballot. The voter's
surrendered ballot shall be initialed by the election judge
and handled as provided in the appropriate Article governing
that voting equipment.
The voter shall, upon quitting the voting booth, deliver
to one of the judges of election all of the ballots, properly
folded, which he received. The judge of election to whom the
voter delivers his ballots shall not accept the same unless
all of the ballots given to the voter are returned by him. If a
voter delivers less than all of the ballots given to him, the
judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter
must return the remainder of the ballots. The statement of the
judge to the voter shall clearly express the fact that the
voter is not required to vote such remaining ballots but that
whether or not he votes them he must fold and deliver them to
the judge. In making such statement the judge of election
shall not indicate by word, gesture or intonation of voice
that the unreturned ballots shall be voted in any particular
manner. No new voter shall be permitted to enter the voting
booth of a voter who has failed to deliver the total number of
ballots received by him until such voter has returned to the

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voting booth pursuant to the judge's request and again quit
the booth with all of the ballots required to be returned by
him. Upon receipt of all such ballots the judges of election
shall enter the name of the voter, and his number, as above
provided in this Section, and the judge to whom the ballots are
delivered shall immediately put the ballots into the ballot
box. If any voter who has failed to deliver all the ballots
received by him refuses to return to the voting booth after
being advised by the judge of election as herein provided, the
judge shall inform the other judges of such refusal, and
thereupon the ballot or ballots returned to the judge shall be
deposited in the ballot box, the voter shall be permitted to
depart from the polling place, and a new voter shall be
permitted to enter the voting booth.
The judge of election who receives the ballot or ballots
from the voter shall announce the residence and name of such
voter in a loud voice. The judge shall put the ballot or
ballots received from the voter into the ballot box in the
presence of the voter and the judges of election, and in plain
view of the public. The judges having charge of such registers
shall then, in a column prepared thereon, in the same line of,
the name of the voter, mark "Voted" or the letter "V".
No judge of election shall accept from any voter less than
the full number of ballots received by such voter without
first advising the voter in the manner above provided of the
necessity of returning all of the ballots, nor shall any such

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judge advise such voter in a manner contrary to that which is
herein permitted, or in any other manner violate the
provisions of this Section; provided, that the acceptance by a
judge of election of less than the full number of ballots
delivered to a voter who refuses to return to the voting booth
after being properly advised by such judge shall not be a
violation of this Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/29-4) (from Ch. 46, par. 29-4)
Sec. 29-4. Prevention of voting or candidate support.
(a) Any person who, by force, intimidation, threat,
deception or forgery, knowingly prevents any other person from
(a) registering to vote, or (b) lawfully voting, supporting or
opposing the nomination or election of any person for public
office or any public question voted upon at any election,
shall be guilty of a Class 4 felony.
(b) In addition to the criminal penalty provided in
subsection (a), violation of subsection (a) also creates a
civil cause of action. A voter who is intimidated, threatened,
or coerced by another person who is violating subsection (a)
may institute an action for an injunction, restraining order,
or other relief by the court against the person who violated
subsection (a). The action must be instituted in the circuit
court of the locality where the violation occurred or in which
the voter resides. In an action, the court may, in its

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discretion, allow a prevailing plaintiff reasonable attorney's
fees as part of the costs.
(c) This Section applies to any election and to any method
used by a political party for selection of its nominees and for
selection of delegates to its conventions and meetings.
(Source: P.A. 78-887.)
(10 ILCS 5/29-21 new)
Sec. 29-21. Intimidation of election officers. Any person
who, by bribery, intimidation, threats, coercion, or other
means in violation of this Code, willfully hinders or
prevents, or attempts to hinder or prevent, the election
officers at any polling place, including an early voting
polling place and any or other location being used by a
locality for voting purposes, from holding an election is
guilty of a Class 4 felony.
(10 ILCS 5/29-22 new)
Sec. 29-22. Communication of false information to
registered voter.
(a) It shall be unlawful for any person to communicate to a
registered voter, by any means, false information about (i)
the date, time, and place of the election, (ii) the voter's
precinct, polling place, or voter registration status, (iii)
or the location of early voting polling places if the person
knows the information to be false and is intending to impede

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the voter in the exercise of the voter's right to vote.
(b) Any person who violates the provisions of this Section
is guilty of a Class A misdemeanor. The violation may be
prosecuted either in the jurisdiction from which the
communication was made or in the jurisdiction in which the
communication was received.
(c) In addition to the criminal penalty provided in
subsection (b), a violation of the provisions of this Section
also creates a civil cause of action. A registered voter to
whom the false information is communicated may institute an
action for an injunction, restraining order, or any other
relief by the court against the person communicating the false
information. The action may be instituted in the circuit court
of either the jurisdiction from which the communication was
made or the jurisdiction in which the communication was
received. In any action, the court may, in its discretion,
allow a prevailing plaintiff reasonable attorney's fees as
part of the costs.
(10 ILCS 5/29-23 new)
Sec. 29-23. Interference with voting.
(a) Any person acting under the color of law who, contrary
to an official policy or procedure, fails or refuses to permit
a qualified voter to vote, or who willfully fails or refuses to
tabulate, count, or report the vote of a qualified voter, is
subject to a civil penalty in an amount not exceeding $1,000

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for each affected voter. The Attorney General may bring an
action to enforce the provisions of this subsection. The civil
penalties shall be payable into the Voter Education and
Outreach Fund.
(b) Any person who (i) furnishes a ballot to a voter who
the person knows cannot understand the language in which the
ballot is printed and misinforms the voter as to the content of
the ballot with an intent to deceive the voter and induce the
voter to vote contrary to the voter's desire or (ii) changes a
ballot of a voter to prevent the person from voting as he
desires is guilty of a Class A misdemeanor. This subsection
applies to any election and to any method used by a political
party for selection of its nominees and for selection of
delegates to its conventions and meetings.
Section 10. The State Finance Act is amended by adding
Section 5.990 as follows:
(30 ILCS 105/5.990 new)
Sec. 5.990. The Voter Education and Outreach Fund.
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INDEX
Statutes amended in order of appearance