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HB 2623

ELEC CODE-DECEASED VOTER

104th Regular Session Introduced by Adam Niemerg

Mandates use of death records to cancel deceased voters' registrations, with monthly checks, 7-day transmission, and quarterly compliance reports to counties.

Referred to Rules Committee
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WeVote Research Nonpartisan
Bill Summary · HB 2623

Summary — HB 2623 (Election Code: Cancellation of Deceased Voter Registrations)

Status: Introduced early February 2025; referred to Rules Committee
Primary sponsor: Rep. Adam M. Niemerg (IL)
Companion: SB 1873

Note: The package provided includes text from multiple states and versions. This summary focuses on the Illinois Election Code changes to Section 4‑14.1 (cancellation of deceased voter registrations) that appear in LRB104 10386 SPS 20461 b (HB2623).

Purpose / Intent

Make mandatory (rather than permissive) the use of death records to remove deceased persons from voter registration rolls, accelerate transmission of death certifications to county clerks, require routine reporting on compliance and roll accuracy, allow public access to those reports, and create judicial remedies and penalties for noncompliance.

Key provisions

  • Mandatory use of electronic death‑registration system: Where an electronic reporting system under the Vital Records Act exists, the county clerk “shall” (instead of “may”) issue death certifications from that system and “shall” use it to cancel registrations of persons who died in the preceding month.
  • Monthly duty: Regardless of system status, the county clerk must examine death records deposited under the Vital Records Act each month and cancel registrations for persons who died during the prior month.
  • Prompt transmission of certified death records: County coroners, medical examiners, physicians, or other officials responsible for death certification must transmit certified records to the county clerk within 7 days after the death.
  • Quarterly reporting and certification: The county clerk and coroner must report quarterly to their county board and certify compliance with the statutory requirements and the accuracy of voter rolls.
  • Public access and enforcement: Any person may request a copy of the quarterly report. The bill authorizes judicial enforcement (including injunctions or declaratory relief) if accurate reports are not provided within the timeframes set in the bill (the text as provided contains formatting errors on exact deadlines near elections—see note below).
  • Remedies and penalties:
    • Courts have jurisdiction to order production of records, reports, and documents needed to verify compliance and roll accuracy.
    • Prevailing plaintiffs may recover reasonable attorney’s fees and costs.
    • If a public body willfully or in bad faith violates the section, the court may impose a civil penalty of $2,500–$5,000 per occurrence, with consideration of the public body’s budget and prior violations.
    • The court may impose additional penalties up to $1,000 per day if the violation continues after 30 days and the court’s order is not stayed.

Who is affected

  • County clerks: new mandatory duties to use electronic death records (where available), monthly review, cancellation of registrations, quarterly reporting, and potential exposure to penalties and litigation.
  • County coroners, medical examiners, physicians, and other certifiers: required to transmit certified death records to county clerks within 7 days.
  • County boards: receive quarterly certifications of compliance and roll accuracy.
  • The public and advocacy groups: may request reports and seek court relief for noncompliance.
  • Voters and election integrity: deceased persons’ registrations should be removed more promptly, improving roll accuracy.

Timeline / procedural notes

  • Transmission of certified death records: within 7 days after death.
  • County clerks’ cancellation duty: examine monthly and cancel registrations for deaths in the prior month.
  • Quarterly reporting: county clerk and coroner must report quarterly to the county board.
  • Enforcement timelines for providing reports near elections are referenced but the provided text contains typographical/formatting errors; consult the official bill text for exact deadlines prior to an election.

Potential impacts and considerations

  • Improves timeliness and accuracy of voter rolls, reducing eligible‑voter list errors and potential opportunities for improper voting using deceased persons’ registrations.
  • Increases administrative workload for clerks and coroners and may create costs related to compliance, reporting, and potential litigation.
  • Civil penalties and fee awards create stronger enforcement incentives but could be contentious for under‑resourced counties.
  • The bill relies on electronic death‑registration systems; counties without such systems still have monthly duties, which could be more burdensome.

For final legislative language, exact enforcement deadlines near elections, and current procedural status, consult the official bill text and the legislature’s bill tracking site, because the supplied document contains formatting errors in certain subsections.

Compiled from official sources — confirm details with the bill’s official record.

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