Illinois-2023-HB2176-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2176

Introduced , by Rep. Adam M. Niemerg

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 its affiliated county board and certify its 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.

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A BILL FOR

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1 AN ACT concerning elections.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Election Code is amended by changing

5 Section 4-14.1 as follows:

6 (10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)

7 Sec. 4-14.1. Cancelation of deceased voter's registration.

8 (a) Upon establishment of an electronic reporting system

9 for death registrations as provided in the Vital Records Act,

10 the county clerk of the county where a decedent last resided,

11 as indicated on the decedent's death certificate, shall ~~may~~

12 issue certifications of death records from that system and

13 shall ~~may~~ use that system to cancel the registration of any

14 person who has died during the preceding month. Regardless of

15 whether or not such a system has been established, it is the

16 duty of the county clerk to examine, monthly, the records

17 deposited in his or her office pursuant to the Vital Records

18 Act that relate to deaths in the county, and to cancel the

19 registration of any person who has died during the preceding

20 month. The county coroner, medical examiner, or physician for

21 a county or any other individual responsible for certification

22 of death under Section 18 of the Vital Records Act shall

23 promptly transmit certified records to the county clerk within

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1 7 days after the death of the decedent. The county clerk and

2 coroner shall report quarterly to its affiliated county board

3 and certify its full compliance with this Section and accuracy

4 of the voter rolls.

5 (b) Any person may request a copy of the report required in

6 subsection (a). Failure to provide an accurate report by the

7 county clerk within 5 business days, or 48 hours if 30 days

8 before an election, may file suit for injunction or

9 declaratory relief to enforce subsection (a) or this

10 subsection (b).

11 (c) The circuit court shall have the jurisdiction to order

12 the production of the required: (i) deposits of records; (ii)

13 reports; and (iii) documents in compliance with subsection

14 (a), including establishing the accuracy of the voter

15 registration rolls.

16 (d) If a person seeking the right to receive a copy of the

17 documents pursuant to subsection (a) or enforce the provision

18 of subsection (a) prevails in a proceeding under this Section,

19 the court shall award such person reasonable attorney's fees

20 and costs. In determining what amount of attorney's fees is

21 reasonable, the court shall consider the degree to which the

22 relief obtained relates to the relief sought.

23 (e) If the court determines that a public body willfully

24 and intentionally failed to comply with this Section, or

25 otherwise acted in bad faith, the court shall also impose upon

26 the public body a civil penalty of not less than $2,500 nor

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1 more than $5,000 for each occurrence. In assessing the civil

2 penalty, the court shall consider in aggravation or mitigation

3 the budget of the public body and whether the public body has

4 previously been assessed penalties for violations of this

5 Section. The court may impose an additional penalty of up to

6 $1,000 for each day the violation continues if:

7 (1) the public body fails to comply with the court's

8 order after 30 days;

9 (2) the court's order is not on appeal or stayed; and

10 (3) the court does not grant the public body

11 additional time to comply with the court's order to

12 disclose public records.

13 (Source: P.A. 96-1484, eff. 1-1-11.)