Legislative Action By Nora Newman Jurgens

RECENT ELECTION problems in Illinois generated a slew of bills which attempted, among other things, to cut down on vote fraud, as well as to open up — under close scrutiny — the voter registration process.

Submitting a 15-bill package, which he calls the "Illinois Voting Rights Act of 1983," House Minority Leader Lee Daniels launched a major campaign to combat vote fraud. Senate President Philip J. Rock sponsored one bill to allow voter registration by mail and a second to widen opportunities to register in person at such places as welfare offices and driver's license facilities.

Aimed at eliminating problems experienced in the November election in both Chicago and downstate, Daniels' package attempts to tighten up the duties of election judges, with tougher penalties for violations. Judges convicted of tampering with ballots or attempting to influence voters would face longer jail sentences and loss of public employment.

Under the proposed act, election law violations would be prosecuted before a judge from a county other than the county where the violation was alleged to have occurred. On May 27, Daniels' bills were passed without debate in the House, a remarkable achievement for Republican bills, not to mention election reform bills, in a Democratic chamber.

The other side of the reform coin — voter registration — is addressed by Rock's bills. S.B. 1300, which provides for voter registration by mail, is intended to entice an estimated one million eligible voters to join those already registered. Any mail registration would be verified by a home visit by an election official. This provision, as well as potential problems of administering mail registration, has generated the opposition of the County Clerks Association, which views the legislation as a burden on clerks.

Another method of expanding voter registration opportunities is in Rock's other bill, S.B. 1301. Election authorities would be required to appoint principals of high schools and vocational schools as deputy registrars, and would be "encouraged" to extend to more people the same duties of registrar. The bill would also allow voter registration at public aid and job service offices — as well as at other "frequently used public facilities."

Both of Rock's bills were passed by the Senate May 27.

A bill which has generated some controversy by creating professional election judges is S.B. 1234. Sponsored by Sen. Edward Nedza (D-5, Chicago) and supported by Michael E. Lavelle, chairman of the Chicago Board of Election Commissioners, the bill would establish the paid position of administrative (election) and deputy administrative judges. Seen as a way to "professionalize" the position, judges would be paid year-round for each new voter registered and each illegally registered voter removed from the rolls. The measure is opposed by Project LEAP (Legal Elections in All Precincts), a Chicago group, which believes that the bill would allow more opportunity to cheat at the polls. The bill was passed by the Senate but only after it was amended to be permissive rather than mandatory.

One of the perennial issues of election reform — changing the date of the primary — has been addressed this session by bills in the House and Senate. Also making an appearance, which it has done occasionally in the past five years, is the issue of public financing for the gubernatorial campaign.

Two bills in the House, H.B. 78, sponsored by Rep. Bob Piel (D-79, South Holland), and H.B. 32, sponsored by Rep. John Cullerton (D-7, Chicago), would change the date of the primary from the third Tuesday in March to the last Tuesday in April. In the Senate, a bill introduced by Sen. Joyce Holmberg (D-34, Rockford) changes the date to the second Monday in September.

July 1983/Illinois Issues/27

Besides the high cost of a long campaign to candidates, voters have become tired of campaigns running seven and one-half months between the primary and general election, according to the sponsors of the bills.

The April date of the House bills represents a compromise. Piel wanted an even later date, but settled for April because of various conflicting considerations. A May primary would cause eligibility problems for Chicago renters, many of whom move May 1. He didn't want a June primary, since that would conflict with the final weeks of the legislative session. A July primary would conflict with national political conventions — a problem which is being dealt with, at least for the 1984 conventions — in the Senate bill by an effective date of 1985. Holmberg suggested that problems with delegate selection could be "worked out" by then. The two House bills would become effective December 1, 1984, in time for the 1986 Illinois elections.

Concern over the rising cost of the governor's race — $8 million was spent in the Thompson-Stevenson race — has generated an attempt to try to control that cost. Identical bills in the House and Senate would establish a "check-off" system on state income tax returns, similar to that for presidential campaigns, for the governor's race.

Under S.B. 938, sponsored by Sen. Dawn Clark Netsch (D-4, Chicago), and H.B. 2012, by Rep. Lee Preston (D-3, Chicago), candidates could qualify for public funds when they meet a threshold of $100,000. Setting limits on contributions and spending, the funds would match dollar for dollar money raised by the candidates, up to $750,000 for the primary and $1 million for the general election. The funds would be administered by the State Board of Elections, which would be given greater auditing control over gubernatorial campaigns. According to Netsch, if there is at least 20 percent participation in the check-off, $6 million would be generated by 1986.

Both bills passed their respective houses.

In light of the close 1982 gubernatorial election — Thompson defeated Stevenson by only 5,074 votes — and the court's subsequent rejection of Stevenson's recount petition, it is interesting that there has been no big legislative package to deal with the problems of a statewide recount. Two bills sponsored by Rep. Aaron Jaffe (D-56, Skokie) attempt to address some of the questions raised by the court. H.B. 731 authorizes the State Board of Elections to order a recount at state expense if there is a .5 percent (or less) vote difference. H.B. 2013 clarifies the legislature's intent with regard to recount procedures, allowing a more liberal consideration of a recount request. H.B. 731 was passed by the House May 20 on a 66-43 vote. H.B. 2013 was also passed by the House on May 27 by a vote of 65-40. Legislators apparently are not too concerned about the issue with the next statewide election four years away.

Gov. James R. Thompson also joined the parade of election law reformers, but not for action this session. He created an Election Reform Commission "to study ways Illinois election laws and procedures can be improved or changed." Former Governors William Stratton and Samuel Shapiro have been asked to co-chair the 15-member commission.

(For further discussion of issues concerning statewide recounts in light of the court ruling in the gubernatorial case, see "Contesting elections in Illinois: What happens next?" by Charles R. McGuire, June Illinois Issues, pp. 16-18.)

July 1983/Illinois Issues/28