Illinois House Floor Debate — June 2, 1987

"The hour of 12:00 having arrived, the House will be in Session. Members will be at their chairs. Those not entitled to the floor will withdraw. The Chaplain for today will be the Reverend Larry F. Wesolik, Pastor, Bethany Lutheran Church of Naperville. Reverend Wesolik is the guest of Representative Mary Lou Cowlishaw. The guests in the gallery may wish to rise and join us in the invocation. Reverend."

"We begin in the Name of the Father, and of the Son, and of the Holy Spirit. Amen. I would like to let you all know that it is a privilege for me to be here today. It has caused me to think of my involvement, my life in the State of Illinois, for all of except eight years, I have been a citizen of the State of Illinois. It has caused me to think a little bit. Growing up in Belleville, Illinois, running around in the woods and climbing the trees, and damming the creeks, and picking mulberries to take home to mom to make mulberry custard pie. I guess my life in Illinois has been one of contrasts. One of contrasts between the good side and the bad side. I remember sitting in a hovel in East St. Louis when I worked as a caseworker for Illinois Public Aid, a woman nearly dying, and trying to care for her, and as I cared for her, listening to the rats as they crawled across the ceiling. I remember other experiences at rather sophisticated cocktail parties in Northern Illinois. I remember being a theological student here in Springfield, Illinois and the contrast of hearing what you would call the distaff side of state government. from that perspective, and now standing before you all. I stand as a citizen of the United States and of the State of Illinois. But also ... and I would like to speak to you about that. 1  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 But I also stand as, I think, a brother in a sense. I'm a Pastor of a Church of over 2,000 people. And I know what it's like to have a constituency and have obligations thereof. In light of that, I think we stand as persons who have mutual responsibilities. I can identify with some of the tensions you and your families go through because of the public position. But we have obligations as public servants. And to that end, I would like to read to you from the Book of Isaiah, Chapter 32. *See a King will reign in righteousness, and rulers will rule with justice. Each man will be like a shelter from the wind and a refuge from the storm. Like streams of water in the desert and the shadow of a great rock in a thirsty land. Then the eyes of those who see will no longer be closed, and the ears of those who hear will listen. The mind of the rash will know and understand, and the stammering tongue will be fluent and clear. No longer will the fool be called noble, nor the scroundrel be highly respected, for the fool speaks folly. His mind is busy with evil. He practices ungodliness and spreads error concerning the Lord. The hungry he leaves empty, and from the thirsty he withholds water. The scoundrel's methods are wicked. He makes up evil schemes to destroy the poor with lies, even when the plea of the needy is just. But the noble man or woman makes noble plans, and by noble deeds he stands.* That sets a goal for us all, all of us who are in public position, to act as moral, noble people who concern for justice. And my prayer is that, indeed, we will be noble people, who make noble decisions and stand on our nobility. To that end, let's pray. Oh, Lord, I pray that You would bless with Your presence each person here as they bear the responsibilities of office. I pray that You would give them the strength that's part of that burden. Guide us 2  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 through this day in our state that we might provide equity and justice for all; that, indeed, we might have an entity of our government which indeed listens to people and responds according to their need. Thank you all. Oh, Lord, we thank You for Your presence with us. In Jesus Name. Amen."

"The Gentleman from Tazewell, Mr. Ackerman, to lead us in the Pledge to the Flag."

"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all."

"Roll Call for Attendance. Mr. McCracken, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. I would just like to congratulate you on your appointment to the Bench. We were all hoping it would take place some time during this Session, but apparently on July 20th you will move on to a finer, finer place."

"Thank you."

"We just hope, though, that you do not be too solemn in like, and split the baby in half. Congratulations."

"Thank you, Tom. Thank you very much. Thank you all. Thank you. Thank you very, very much. I appreciate it. Mr. Matijevich, are there any excused absences on the Democratic side?"

"No, Judge. None on this side of the aisle."

"Mr. Piel, are there any on the Republican side?"

"Yes, Mr. Speaker. Would you please make record that Representative Tuerk and Representative Olson are excused today for medical reasons?"

"Alright, let the record so reflect. Mr. Clerk, 3  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day take the record. June 2, 1987 114 Members having answered to the Call of the Quorum, a quorum is present. Mr. Matijevich, for what purpose do you seek recognition?"

"I understand that Charles Morrow is excused due to illness."

"Let the record so reflect Representative Morrow's illness. Mr. Rea, the Gentleman from Franklin, for what purpose are you seeking recognition?"

"Thank you, Mr. Speaker, Members of the House. We have a young delegation up here in the gallery behind me who claim that they represent the Zeigler-Raulton Senior Citizen Center. And I would like for everybody to join with me to welcome them to Springfield."

"Mr. Keane, for what purpose do you seek recognition?"

"Yes, Mr. Speaker. I would ask to suspend the posting requirements to post the following Bills to Revenue tomorrow. I have discussed it with the Minority Spokesman and there is an agreement. The Bills are Senate Bill 279, 298, 385, 690, 731, 1033, 1050 and 1229. I would ask for leave to post these Bills to Revenue tomorrow."

"Yes. Mr. Clerk, did you get the numbers? Perhaps, Mr. Keane, afterwards you would come up just to make sure. The Gentleman asks leave to waive the posting requirements with respect to the enumerated Bills. There being ... is there objection? There being no objection, use of the Attendance Roll Call to waive the posting rules. Representative Currie, for what purpose do you seek recognition?"

"Leave to waive the posting requirements so that Senate Bill 630 might be heard in House Human Services Committee this afternoon. It is my understanding that that's been cleared with both sides of the aisle." 4  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987

"The Lady asks leave to ... yes, Lady asks leave to waive the posting requirements with respect to House Bill 630 (sic-Senate Bill) so that it may be heard in the Committee on Human Services. There being no objection, use of the Attendance Roll Call and the posting requirements are SO waived. Ms. Currie, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. I just request to waive posting requirements ... leave to waive posting requirements on Senate Bill 873 SO that that Bill may be heard in State Government Administration tomorrow. The request has been cleared with the Minority Spokesman, as well as the Chairman of the Committee."

"The Lady asks leave to use the Attendance Roll call to waive the posting requirements with respect to House Bill 873, so that Bill may be heard ... Senate Bill 873, SO that Bill may be heard in the Committee on State Government Administration. There being no objection, leave is hereby granted. On page three of the Calendar, on the Order of Speaker's Table, appears House Resolution 27. Mr. Stange? Is Mr. Stange in the chamber? House Resolution 27. On the Speaker's Table appears House Resolution 102. Mr. Ronan? Did you wish to proceed on House Resolution 102? Yes? Mr. Clerk?"

"House Resolution 102, urges Federal Aviation Administration to study air traffic controller training programs. Transportation and Motor Vehicle Committee recommends, 'be adopted'."

"The Gentleman from Cook, Mr. Ronan, on House Resolution 102."

"Thank you, Mr. Speaker, and Members of the House. I urge the passage of House Resolution 102. It urges the Federal Aviation Administration to study air traffic controller 5  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 training programs. We've got a situation up at O'Hare Airport where it appears that the air traffic controller situation needs close review by the FAA. This Resolution passed on the Transportation Committee unanimous, and I urge the adoption of House Resolution 102."

"The Gentleman from Cook, Mr. Ronan, moves for the adoption of House Resolution 102. And on that, is there any discussion? There being none, the question is, •Shall the Resolution be adopted?" All those in favor signify by saying 'aye", those opposed "no". In the opinion of the Chair the 'ayes' have it, and the Amendment is adopted. I'm sorry. The Resolution is adopted. On that Order appears House Resolution 130, Ms. Satterthwaite? Is Ms. Satterthwaite in the chamber? Out of the Record. On that Order appears House Resolution 133, Mr. Preston. Out of the Record. Mr. Matijevich, for what purpose are you seeking recognition?"

"Well, I was happy to hear that Virginia Frederick was on this side of the aisle, and she did tell me that Myron Olson is doing real well, is still in the hospital in Monroe, Wisconsin. And also, Fred Tuerk is doing real well. In fact the doctor said, "You are doing so well, all I've got to tell you is just don't eat blue cheese, otherwise he can do anything he wants."

"Thank you. We're all very glad to hear that. Mr. Giglio. For what purpose does the Gentleman from Cook, Mr. Giglio, seek recognition?"

"Mr. Speaker, the Democrats would like to caucus immediately in Room 114, and we expect to be back on the floor at 1:00."

"Alright. Ladies and Gentleman, the House is about to stand in recess until the hour of 1:00. There is a Conference of Democrats in Room 114. All Democrats Room 6  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 114, Conference. June 2, 1987 Mr. McCracken, for what purpose do you seek recognition?"

"Mr. Speaker. The Republicans will not be having a Conference. So, go out and have lunch. But be back at 1:00, right?"

"Alright. Accordingly, the House will stand in recess until the hour of 1:00."

"The House shall come to order. Members shall be in their chairs. On page two of the Calendar on the Order of Senate Bills, Second Reading, there appears Senate Bill 10. Mr. Clerk, are there any Amendments?"

"Senate Bill 10, a Bill for an Act to amend the Election Code. Second Reading of the Bill. No Committee Amendments."

"Are there any Motions?"

"No Motions. Floor Amendment #1, offered by Representative Countryman."

"Amendment #1. Mr. Countryman. Mr. McCracken."

"Speaker, he has been called and he is on his way in. Could we have just a moment?"

"Sure."

"Thank you."

"The Chair recognizes Mr. Countryman on Amendment #1."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 to Senate Bill 10 amends the Election Code that in those jurisdictions, in which precinct ballot accounting occurs, it requires the contents of the sealed container to be inventoried by the election authority after the close of the polls before an election judge can be given a receipt and for the return of all the election materials. In essence, what this does is to require additional accountability in the precinct for all of the 7  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 election materials. This is a different situation where you have increasing ballot counting, as opposed to where you go to the centralized stations. It is not in the law. This is a good measure. It will increase the accountability of the election judges. It will increase the integrity of the process, and therefore, benefit all of the voters of the State of Illinois, and I move its adoption."

"The Gentleman moves for the adoption of Amendment #1. The Chair recognizes Mr. Greiman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. While I could comment certainly on this particular Amendment, it will not be my view to comment on each Amendment, but rather to advise you that this Bill, Senate Bill 10, is a Bill which addresses a problem in our state at this time, a very current problem that should be resolved at the first possible time, resolved So that we can have appropriate appointments to boards, commissions, and to resolve difficulties that occurred by reason of the politics of our state. I think the people of our state are less interested in the politics of our state than we are. But this system of a two party system has served our nation and our state well over the years, and so, consequently, I will oppose this Amendment and ask that we vote 'no on this Amendment."

"Mr. McCracken."

"Point of Order, Mr. Speaker. And I think we should get a ruling for the succeeding Amendments as well. The Gentleman does not address the Amendment, and he is required to do SO under our rules. His comments, therefore, are not germane and out of order."

"Your point is well taken, Mr. McCracken. The question is, Shall Amendment #l be adopted?" Those in 8  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 favor of the Amendment ... Mr. McCracken?"

"To the Amendment, Mr. Speaker. Mr. Speaker, the reason for this Amendment has its genesis in our experience, this chamber's experience, over the Jerry Weller issue. And the purpose for our proposing this Amendment is that we are seeking to do justice in Election Code law, regardless of the Party which wins a particular election. It could happen to the Democratic side, just as it happened to us a few months ago. We have seen that where an election judge... or ballots were not returned on the day of the election, but were otherwise in good order, sealed, nothing improper being alleged or implied about their validity. In spite of all of that, we have seen those ruled by this chamber out of order and not subject to the count, for purposes of determining whether or not a Gentleman in this chamber is entitled to his seat. We saw that this rule was, we think, abused by the other side, because it was held to result in the loss of a seat to the man declared the winner by the State Board of Elections, Representative Jerry Heller. We seek to do justice. Some day it could happen to the other side of the aisle. This time it happened to us. I encourage all of our Membership to stand united on this issue, and I encourage those of you on the other side, in good conscience, to accept this Amendment as a necessary Amendment to the Election Code, and Mr. Speaker, I ask for a Roll Call vote."

"The question is, 'Shall the Amendment be adopted?' Those in favor of the Amendment will signify by voting 'aye', those opposed will vote 'no'. Have all voted who wish? Mr. Greiman, to explain his vote."

"No, I want you to vote my switch."

"Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question 9  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 there are 48 'ayes' and 64 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment 82, offered by Representative Countryman."

"Amendment 82, Mr. Countryman."

"Withdraw Amendment #2."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment 83, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment 83 amends the Election Code. It provides that military personnel and overseas civilians can make application for absentee ballots earlier than the 100 days before the election. And such request will entitle the applicant to receive an absentee ballot for each election during that calendar year. It provides the same provisions for nonresident civilian citizens who will be voting for President and Vice President only. Removes the requirement for notarization on all such applications. Now, I believe all of you are familiar with the difficulties that military and overseas civilians have in voting in elections, and the fact that the Federal Government has sometimes usurped our jurisdiction in this area and passed legislation. This legislation is in essence to comply with the federal law and will bring this about in a better situation. It will allow these people not to have to make the request for absentee ballot once they have made the initial application in any one year. That means if they apply in a primary, they will be granted ... they will be sent the absentee ballot for the general election. This is good for the county clerks. It saves money and allows the citizens of 10  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 the United States to exercise their right to vote in elections. This is a good Amendment. I don't understand the reasons why this Bill should not be amended. This Amendment is a Bill that we have tried to have heard in the Election Committee for some time as a Bill and has not been heard. And I believe it's a good government Amendment for which everybody in this House should vote, and I move its adoption."

"Mr. Greiman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have no great quarrel with the substance of this Amendment. It's probably just the wrong time and the wrong place. I would advise the Body that tomorrow on the Election Laws Committee, 12 Bills are being ... have been posted. There will be ample opportunity to put this Amendment and any of the other Amendments that the Gentleman is so interested in on any of those Bills in the event that he can win the hearts and minds of the Committee Members and, thereafter, in this House. But on this Bill, I would vote 'no'."

"Mr. McCracken."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I understand the Sponsor of the Amendment. I think I understand the essence of the Bill. Would the Sponsor yield for a question? Representative Countryman, has a Bill of this type been introduced earlier in this Session?"

"Yes, it has, by Representative Stern."

"Who was that by?"

"Representative Stern."

"Representative Grace Mary Stern?"

"That is correct."

"And was that Bill called for a vote in the Elections Committee earlier this year?" 11  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"No. June 2, 1987 As a matter of fact, we didn't have any Bills called for a vote in the Election Committee when the House Bills were there."

"And that was true for both Democrats and Republicans?"

"That's correct."

"Well, then I encourage not only the Republicans, but also the Democrats who have an interest in good election law, to get on the band wagon and vote for this Amendment, because you may not have another chance. Earlier this year we had many Bills introduced into the Elections Law Committee. All of them were killed. One giant Bill was passed out to Second Reading by virtue of Leadership agreement. A second Bill was later added. Neither Bill was called for Third Reading. Neither Bill was sent to the Senate. None of your election laws issues, anything that's dear and near to you, has been considered. And to say that it will be considered in the next round of Committee hearings is just poppycock. The fact of the matter is that the Leadership is trying to stop election law reform in this House, and they have done it by killing Bills in Committee. This may be your only chance to vote for a good election law. Listen to these Amendments and act on them on their merits. Do not listen to your Party Leadership telling you to kill all of these Bills. Vote for this Bill, and I want a Roll Call, Mr. Speaker."

"Representative Stern."

"Mr. Speaker and Members of the House, it is indeed as I thought. You Gentlemen have no shame at all. You know I support the substance of this Amendment, but I recognize also, because of other things in my past, the need to get Senate Bill 10 out of the House hole. On the commitment that I will fight to get the substance of this Amendment in 12  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 some other form on another Bill, I am going to vote 'no' on this one."

"The question is, 'Shall the Amendment be adopted?" Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 63 'no'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #4, offered by Representative Countryman."

"Mr. Countryman."

"Withdraw Amendment #4."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #5, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #5 amends the Election Code. It requires the election authorities to have absentee ballots available 60 days before the election. If impossible, then they must provide special right in absentee voters' blank ballots for oversea voters and military personnel. This legislation was suggested to us by the State Board of Elections. This is a solid piece of legislation which will change the dates on which the general primary and the general election ballots will now be certified. Rather than 61 days prior to the election, it will be 67 days prior to the election. This will enable overseas voters to be able to get the ballot in time, and to return it. It will enable those voters to be able to vote in these elections, which is their right as citizens of this country. This is a good 13  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 Amendment. It was a Bill. The Bill has not been called. We ask you to look beyond the contents of the present Bill. This present Bill is the only Bill which is being called on Second Reading which has anything to do with the Election Code in the last two years. Ladies and Gentlemen of the House, we need to amend this Bill, because tomorrow there may not be another election Bill. I sponsored over 25 Election Bills ... House election Bills. None of those Bills were called for a vote in the Committee. I ask you for your favorable vote on this Bill."

"Mr. Greiman."

"Thank you. Mr. Speaker, this Amendment, while probably neither good nor bad, is up tomorrow in the Election Law Committee. Moreover, what this does is it changes the certification date by six days. Now, I would remind you that seven million Illinois citizens have voted since the last Session of the General Assembly. Seven million. And they voted with the six day difference. So, probably the Republic doesn't stand or fall on this Amendment, and I would suggest that we vote 'no' again on this Amendment."

"Mr. Slater."

"Thank you, Mr. Speaker. The reason that this Bill has been introduced, is because there ... in the form of an Amendment, obviously, is because we have had so much difficulty in getting any kind of election Bills called. But the underlying reason for this legislation is that the Federal Uniform and Overseas Citizens Absentee Voting Act will take place, or take effect in December of 1987. And this is a necessary change that we need to make to Illinois law to make it comply properly with the existing federal law. Mr. Speaker, I request respectfully a Roll Call."

"Mr. McCracken."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the 14  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 House. This also was a Bill earlier introduced, House Bill 1245, also sponsored by the Lady from Lake County. I want an answer to my question and anyone over there can answer it. If your Bill got killed the first time when we were considering House Bills, what is it that makes you think your Bill is going to pass tomorrow? What is it that makes you think your Bill is going to get called for a vote tomorrow or next week? It was killed once. What has changed? Nothing has changed. I submit that the argument that this can be taken up in another matter is false. It is not going to happen. It didn't happen before when we were considering House Bills, and it won't happen with Senate Bills. Vote on the merits of the Amendment. It is our only chance to reform the Election Code."

"The question is, "Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 47 'ayes', 64 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #6, offered by Representative Slater."

"Mr. Slater."

"Withdraw #6, Mr. Speaker."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #7, offered by Representative Slater."

"Mr. Slater."

"Thank you, Mr. Speaker. Amendment #7 provides on the triplicate registration record card, the opportunity to put down a telephone number. Right now you have the right to 15  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 have recorded your driver's license. If you have any compassion, whatsoever, for those people who work in your campaigns, and have to go down there and go through those lists and then bring them back to your offices and put the phone numbers down in order to do campaigning, you ought to vote for this Bill. Even more reason for everybody on that side to vote for this Bill is to keep their good labor record intact. This is a Bill that was given to Myron Olson and it was actually suggested by the AFL-CIO. So, I suggest that this is the type of legislation that your people, that your sponsors, want to have passed in the area of Election Law. Mr. Speaker, I move ... I would like to have a Roll Call and move for the adoption of Amendment 37."

"Mr. Greiman."

"Yes, thank you. Well, it may or may not even invade the privacy of a voter and they may not be interested in being intimidated into putting their phone numbers down so they can be called. This is a politician's Amendment. But it wouldn't matter. I'm not going into whether it's a good Amendment, or not ... a bad Amendment. We ought to just vote 'no' on this Amendment, so that this Bill may go to the Governor's desk."

"The question is, 'Shall the Amendment be adopted?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 65 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #8, offered by Representative Countryman."

"Mr. Countryman." 16  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"Withdraw Amendment 48." June 2, 1987

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment 49, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Now here's an Amendment for you. Listen, Members of the House. This Amendment is one if you vote against I think you are going to have a hard time justifying back on election day in your own precincts. This Amendment authorizes election authorities to appoint three, rather than five election judges, in the odd year elections. This Amendment was suggested by the Illinois Association of County Clerks and Recorders. And this Bill ... this Amendment could have a substantial cost saving on the conduct of elections. And, if you recall, the State of Illinois reimburses part of the expense of election judges to the local authorities. Not only will we be saving the local taxpayers, but we will be saving the taxpayers of the State of Illinois. So, for those of you who don't want to vote for a tax increase, this is one way of saving money in Illinois, and doing it today. I recommend a favorable vote. And, Mr. Speaker, I request a Roll Call on this Amendment."

"Mr. Greiman."

"Yes. Thank you, Speaker, and Ladies and Gentlemen of the House. The whole issue of whether we should have more funds and more money for election judges is implicitly tied up in the provisions of Amendment 9. And I think that we have to weigh whether we want to allow less judges, and perhaps provide more money to judges. So that, it's an issue that will have to be taken up, but certainly not in 17  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day this Amendment.

June 2, 1987 Therefore, I would urge a 'no' vote." "Mr. McCracken."

"Thank you, Mr. Speaker. This Bill, or this Amendment, is a current Senate Bill which is scheduled for hearing tomorrow in the Elections Committee. Now, it may not be in order, but I am going to ask the Chair to entertain this. Representative Huff, you are the Chairman of the Elections Committee that will be considering this Bill. Will you call this Bill for a vote tomorrow? Mr. Huff?"

"No comment."

"It was funny, Representative Huff, but I'm not sure it was the right answer. The fact of the matter is, Ladies and Gentlemen, I just asked the Chairman of the Elections Committee whether he would call this Bill tomorrow for a vote, and he wouldn't even make that commitment to democracy and freedom of the people. We are talking about the electoral process, amending a fair Election Code so we don't have stolen elections and fraud, and the Gentleman will not commit to calling it for a vote. If he won't do that in this chamber in front of those students who are now leaving, then you should vote for this Amendment because it's your only chance."

"Mr. Slater."

"Thank you, Mr. Speaker. Would the Sponsor of this Amendment yield for questions?"

"The Sponsor indicates that he will yield."

"Representative Countryman, I think this Amendment says that you only, in the off year, when you don't have a General Assembly election, or when you don't have a gubernatorial election, then you can reduce the number of judges on each panel? Is that ... is that the essence of this Bill?" 18  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"That's right. And under current law, by the way, they can do it where there are fewer than 300 registered voters in a precinct."

"So, this would say that it doesn't make any difference how many voters you have in that precinct. You can have three judges instead of the mandatory five any time during an odd numbered year?"

"That's correct, it would be in the discretion of the election authority."

"And the essence of this Bill is actually included in a Bill which was passed out of the Senate? Is that correct?"

"That's correct."

"And what was the vote over in the Senate?"

"The vote over in the Senate was 59 for it and none against it."

"Well, that sounds like an awfully good Bill. Mr. Speaker, to the Bill. It seems to me that this is a good government Bill. It is a Bill that potentially has a savings for local government, and I think that's something we are always concerned about here in Springfield. I would certainly urge the adoption of this Amendment. Thank you."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #10, offered by Representative Countryman."

"Mr. Countryman."

"Withdraw Amendment #10."

"The Amendment shall be withdrawn. Are there any further Amendments?" 19  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

June 2, 1987 "Floor Amendment #11, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker. Amendment #11 amends the Election Code. It adds several provisions to implement the Federal Voting Accessibility for the Elderly and the Handicapped Act. It provides that the State Board of Elections can grant an exemption from the Federal Act, to an election authority, which is unable to find an accessible polling place in a particular precinct for a two year period of time unless one is found in less than two years. It provides that if a polling place has been moved after publication of the polling place addresses, a handicapped voter can request curbside voting up to and including election day. And it also provides that in those election jurisdictions, which are still using the voting machines, which in my memory would include Kankakee County and East St. Louis. if the physically handicapped voter is unable to cast a vote by himself or herself on the machine, the election authority must provide paper ballots for such voters. In my judgement, these voters are entitled to the privacy of casting their own votes. And these old voting machines which still exist can deny the physically handicapped that right. This is a fairly simple Amendment. Ladies and Gentlemen, it's for the benefit of the elderly and the handicapped of this state, and if you want to support the election rights of the elderly and the handicapped in this state, you would vote in favor of this Amendment. I would ask for a Roll Call vote."

"Mr. Greiman."

"Thank you, Speaker. I would just point out that apparently this Bill comes out of a dispute between the State Board and the JCAR folks, and I'm not sure whether, 20  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 in fact, it does respond to the objections of JCAR. It should be looked at very carefully. The concept, of course, is perfectly appropriate, and whether it meets the... its mission is another question. Accordingly, I think we have to vote 'no' right now."

"Mr. McCracken."

"Thank you, Mr. Speaker. We all know the reason why these votes are taking place, why the Amendments are not adopted. Many of these Amendments were Bills sponsored by various persons on the other side of the aisle. Now they tell us that these Bills will either be called tomorrow or next week, or that they'll be amended at some point onto some other Bill. But the real reason for the voting ... the real reason for this Party line action on these Amendments, is because of the election law which specifies that an established Party has various rights that are not set forth or not available to other Parties. By virtue of the Solidarity campaign of the Democratic candidate for Governor, the Democrats are no longer the established Party. That's the reason you're resisting these Amendments. You don't care about reform. You want this Bill to come out clean and you want it out fast so you can get back those established Party rights you think you should have. The fact of the matter is, these Amendments have never been given a chance to be heard. The same Party that wants to be treated as a major Party in this state has killed all of these Bills at one time or another. The Chairman of that Committee will not commit to calling Bills tomorrow for votes. One of the Members from that side of the aisle says that this has no place. This Amendment has no place on this Bill, although the Amendment is a good idea. Well, I ask you, I ask all of you - if it's not going to be called and passed now, when will it happen? It 21  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 hasn't happened yet. We now have no reason to believe it's going to happen in the future. So, forget about all of this Solidarity Democrat stuff and whether you're a Majority Party, or whatever the term is. Vote the merits of these Amendments because this is the only chance you'll have to vote on election reform."

"Mr. Greiman."

"Yes, I just wanted to suggest that perhaps the Gentleman's remarks were not germane to the Amendment and that he went far field as he admonished me for doing the very first moments. And I think he concedes and apologizes desperately."

"Mr. Slater."

"Thank you, Mr. Speaker. A question to the Sponsor of the Amendment. Mr. Countryman, I couldn't help but hear as you had made your explanation, something about voting machines, about Kankakee County. And of course, we are dealing, it seems, in a very partisan manner here and reflecting back to approximately two months ago, and a rather partisan thing took place out of Kankakee County and dealt with these voting machines. Is your Bill addressed toward something that was raised in the Jerry Heller versus Ray Christensen contest?"

"No. It wasn't the intention of my Bill to ... or my Amendment to raise anything that was ... that came out of there. What ... the intention of this Bill is, is to allow those people who are physically handicapped to ensure the privacy of their ballots. And when you do that, that may have had an effect upon that election, because more people may have come out to vote. One way or another, in that election, because they would have been assured privacy in casting their ballots, and they would have been allowed to do it on paper, as those of us who served on the Committee 22  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 could well see. People could easily vote absentee on paper. That's the methodology used for absentee procedures. But when you go into those machines that those of us who went out to Kankakee looked at, you could see that if you're in a wheelchair, you can't reach up and even vote ... By the way for the Democratic Party, which was on the top in that county, you couldn't reach up and cast a straight Democratic vote. So, I would think if you're a member of that Party, you would certainly want to vote for this Amendment."

"Well, I can recall during the Weller-Christensen Committee Hearings, that one of the ballots was picked up 1 believe, by Representative Countryman. And there was reference made to the punch, or the feeble punch, that may or may not have been put in that particular ballot. Now does this ... does this Amendment address that issue whatsoever, as it relates to a feeble voter?"

"No."

"Thank you."

"Mr. Hallock."

"Well, thank you, Mr. Speaker, and Members of the House. As we embark here on Amendment #11, obviously we all can see that a course of action has been set by the Majority Party, and that's really unfortunate, because we, here for the first time on the Floor today, have a chance to debate some very important election issues. We have tried to present those in the first 11 Amendments. Unfortunately, it appears that our cause is not being heard on the other side of the aisle. If you take each of these Amendments, they all have some merit in their own right. Some may be more political than others, but all of them have some very good merits and deserve your support. This one is no exception. Amendment #11 makes some very good proposals 23  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 which I think all of you should support. I urge all of you on that side of the aisle to forget the fact that this is a partisan issue at this point in time, and vote for the merits of these questions. This is the first chance any of you may have. and maybe the last chance also to vote for some good election reform. Vote 'aye on this Amendment."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 46 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #12, offered by Representative Cowlishaw."

"Representative Cowlishaw? Cowlishaw? Would you turn on Representative Cowlishaw?"

"Thank you, Mr. Speaker. Could we please withdraw Amendment #12?"

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #13, offered by Representative Cowlishaw."

"Representative Cowlishaw."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Make no mistake about this Amendment. This is a law enforcement Amendment. Let me explain what I mean by that. This Amendment would prohibit a County Board, or a Board of Election Commissioners, from contracting or otherwise arranging for the purchase, the lease, or the loan of an electronic voting system without prior approval of the State Board of Elections. Current law prohibits the purchase of any such voting system without prior approval of the State Board of Elections. But certain election 24  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 authorities and vendors have been getting around the law by arranging for these systems to be leased or loaned. At least a dozen election jurisdictions have acquired new voting systems equipment, or entirely new systems, without first seeking that approval from the State Board of Elections, and thereby circumventing the law. If you believe in law enforcement, you will favor this Amendment. And, Mr. Speaker, I ask for a Roll Call Vote."

"Mr. Greiman."

"Well, thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This Amendment is ... would clearly a cutback on the responsibility and authority of the local Boards of Commissioners, the people who are charged locally with acquisition of equipment. It would require us to be lock step in election equipment. It would require the Board, clearly, to make some rules and to make some specifications that some downstate counties might not be able to handle. But nonetheless, the Board ... the big Board in this state, in Springfield, would make decisions. And it could tailor its specifications so that nobody could buy equipment except a certain kind of equipment. And, I don't think we want to take away those kinds of choices, and make them lock step with the State Board. Vote 'no'."

"Mr. Countryman."

"Thank you, Mr. Speaker. The Lady has offered what is a tremendously good Amendment here. For those of you who remember the problems that existed in Rock Island County when the optical scanning system was purchased from Westinghouse and the nightmares that that caused, not only the State Board of Elections, but all of those people in Rock Island County, because Westinghouse sold the system that had no specifications. And the poor guy who got the printing contract didn't have any idea how he had to print 25  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 these ballot forms that went on these optical scanners. And then let's take you back a few years prior to that, where somebody sold a video voter. I think maybe some of those are still around somewhere. And they had a thunderstorm in the middle of the afternoon, and all of these votes are recorded, not on any paper trail, not on anything that could be re-recorded, or retabulated, but they're on this electronic recording device, no different, probably, than your Apple Computer, and a thunderstorm takes out the power in that small community for just a brief short of power ... period of time and erases the entire memory of that machine. Now, you tell me that the local election authorities have the best judgement, and what systems shou should be purchased. The State Board of Elections has the expertise, and they could do it. I have had the opportunity of serving with the Federal Election Commission on their advisory panel, and with people fro all over the country, in terms of writing systems specifications. Now, I profess to claim some expertise here, but I'll tell you, if you don't have expertise. then you had better rely upon the people who have the time to go out and look at these systems, and make their best judgement. This Amendment is a solid Amendment. This is where it should be. They are not going to limit it to one system, or two systems, or three systems, or four systems. All the principal vendors will be there. But your area will not be subjected to some memory loss, or some new system that some developer is trying to make a fortune on, and your election, or the elections and the voice of the votes of the people of the State of Illinois will not be jeopardized by some quirk in the system because the machinery failed when it was subjected to this process. This is a good Amendment, and is good government, and you 26  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day should vote 'aye'."

"Mr. McCracken."

"Thank you, Mr. Speaker. As with all of the Republican Amendments offered today, this one does not delete your solidarity provisions. This one ... neither this one, nor any of the Republican Amendments offered today, guts your Bill. It merely adds what are good provisions on to your solidarity Bill. So, when you tell people back home why you made a bad vote on election reform, the fact of the matter is, you didn't have to do it to save the solidarity issue. We are not deleting your Bill. We are using it as our only opportunity of the Session to pass election reform. You can vote with election reform and for the merging of the Solidarity Party. It may be your only chance to vote for reform. You are not hurting your Party by doing so, vote 'aye'."

"Mr. Kulas."

"Thank you, Mr. Speaker. Since the Republicans are breaking all the rules by not addressing themselves to the Amendments, I want to break the rules and I want to introduce the students and the teachers in the William H. Prescott School from my district. Welcome to Springfield."

"Mr. Slater."

"Thank you, Mr. Speaker. You know the election law area is probably where both staffs have some of the very finest staff members available in the entire General Assembly. And our staffer, Mr. Schwartz, actually called the staff member on the Democratic side who is standing over there with Mr. Greiman, at this point in time, and asked if he could post Senate Bill 642, which is exactly what House ... rather what Amendment #13 to this Bill is. He was advised by the staff that it should be tacked on as an Amendment to some other piece of legislation. So that's exactly what we 27  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 have done here. We've used this Bill as a median to pass legislation based on representation from Democratic staff that that's what we needed to do. We can't get the Bill posted. We've tried to post the Bill within the requisite amount of time, and staff told us find the Bill and make an Amendment'. That's what has been done. I urge the adoption of Amendment #13."

"The question is. 'Shall the Amendment be adopted?" Those in favor signify by voting 'aye", those opposed by voting 'no". Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 65 'nos". The Amendment fails. Are there any further Amendments?"

"Floor Amendment #14, offered by Representative Cowlishaw."

"Representative Cowlishaw."

"Mr. Speaker, would you please withdraw Amendment #14?"

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #15, offered by Representative Cowlishaw."

"Representative Cowlishaw."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #15 originated as House Bill 955 which was Cosponsored by Representative Larry Hicks and by me. Unlike Representative Hicks, however, the Bill did not fly. So, we are attempting to get it its private pilot license today. What this Bill does is that it is, first of all, it is the suggestion of the State Board of Elections and it relates entirely to absentee voting procedures. For example, it permits a physically incapacitated absentee 28  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 voter to receive assistance in marking his or her ballot if the degree of incapacity requires it. In that event, the measure requires the person who assisted the voter to sign an affidavit. It also permits poll watchers to be present at the office of the Election Authority and at municipal township or road district clerks offices, where absentee voting is being conducted. Presently, Mr. Speaker, and Ladies and Gentlemen of the House, there is no provision in the Election Code of Illinois to permit poll watchers under those circumstances. Obviously, if we want honest elections in Illinois, we would be in favor of this Amendment. I move for the Amendment to be adopted and ask for a Roll Call vote. Thank you."

"Mr. Greiman."

"For the reasons previously stated, I think we should vote 'no' on this Amendment this time."

"The question is, 'Shall the Amendment be adopted?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 63 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #16, offered by Representative Slater."

"Mr. Slater."

"Withdraw #16."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #17, offered by Representative Slater."

"Mr. Slater."

"Thank you, Mr. Speaker. We think that the left side of 29  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 the aisle oftentimes comes up with excellent ideas. They came up with one in the form of House Bill 2502, sponsored by Representative Young and Representative Davis. That's what Amendment #17 is. It is House Bill 2502, which was not called, and it provides for many, many more registrars of voters. And I think that, that we all have an interest in seeing that as many people as possible participate in the election process. That's exactly what this Bill does. It provides for a greater ease of registration of voters, and it is designed for good government. Previously sponsored by Representative Young, and I take my hat off to him. It's a good one. I move its adoption."

"Mr. Young. I'm sorry, Mr. Young."

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. I certainly agree that Floor Amendment #17 is a great idea. I look for support from those on the other side of the aisle when it is heard, but this is ... now is not the time, and this is not the Bill."

"Mr. Countryman."

"Thank you, Mr. Speaker. Now is not the time. When is the time? I have been here for two years waiting for the right time. As a matter of fact, one of the Gentlemen across the aisle always stands up and says 'now?'. Well, is now the time? I think now's the time to vote for some good election Amendments. Now is the time to do the right thing. Now is the time to tell the voters of the State of Illinois that you want to open up the registration process. I think this Bill is a great idea, and I don't think any Bill will be called tomorrow, just like it wasn't called two weeks ago, and then three weeks ago, and four weeks ago. The only Bill that has been called in the Elections Committee this year for a vote, is Senate Bill 10. And we need a Roll Call." 30  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

June 2, 1987 "Mr. Countryman, and others, my policy is to have a Roll Call when there are two speakers on the Amendment from either party. So, I know you're full of energy, beginning at the early part of week, but you may want to save your energy for later in the week. So ..."

"Mr. Stephens."

"Thank you, Mr. Speaker. Representative Young and Davis, at least Representative Young says that now is not the time for this, but in fact, this idea is not going to be called in Committee. We're not going to have the chance to discuss and debate this Bill in the Amendment form that it is in now. I suggest that for those of you across the aisle, that we've got to quit looking at these strictly as a Party issue. It doesn't damage the original language of the Bill. This is your chance to vote on election reform, your chance to help the people back in your district to have accessibility to the election process. There is absolutely no way that you can go back home and say that you voted for good election laws and having voted against this Amendment. I suggest an 'aye' vote."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #18, offered by Representative Petka."

"Mr. Petka."

"Mr. Speaker, we are ... we respectfully withdraw #18."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #19, offered by Representative 31  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day Petka."

"Mr. Petka."

June 2, 1987 "Thank you, Mr. Speaker, Members of the House. Amendment #19 would amend the Election Code and require that all applications for absentee ballots be made available for inspection from the time that they are received to a period of time 30 days after the election, except in those ... that interval of time when they may be in the hands of the election judges. The reason for this Amendment is very simple. After a Federal Grand Jury had convened to investigate irregularities in various county elections in 1982, they came up with a recommendation that the greatest potentiality for voter regularity is in the absentee ballot application process. What this Amendment would do would be to minimize the chances of having voter irregularities by permitting parties to come in and actually examine the applications, prior to the actual casting of the ballot. And so, I would move for the adoption of this Amendment, Mr. Speaker."

"Mr. Greiman."

"Yes, well, to the Amendment, and the substance of the Amendment. I don't think this is a very good Amendment on any Bill, probably. You might be careful, because what you do is you break and violate the security when you're taking this ballot out three, four, five, ten, twenty times and passing it around and having people come and look at it, move it, and handle it. So, it may be very suspect, and it may, in fact, break the security of the ballot. However, in any event, certainly not on this Bill, at this time. I vote 'no'."

"The question is, *Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no". Have all voted who wish? Have all 32  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 voted who wish? The Clerk shall take the record. On this question there are 47 'ayes', 67 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #20, offered by Representative Countryman."

"Mr. Countryman."

"Withdraw #20."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment 021, offered by Representative Countryman."

"Hr. Countryman."

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. Amendment 21 amends the Election Code. It increases the number of petition signatures required for a State Senator after redistricting from 600 to 1,200. It provides that the minimum number of petition signatures for State Representative, after redistricting, required of a new party or independent candidates is 1,500. It makes minor other changes in the election law. It allows candidates to withdraw nominating petitions for incompatible offices within five business days after the filing. rather than merely five days. This removes the deadline from Saturday until Monday. And for those of you that aware, this causes Boards to stay open on Saturday and would move it to Monday and save the taxpayers dollars. It requires referendum petitions to have attached naming the individual designated as a proponent or the proponent's attorneys. Repeals all legislation authorizing the use of the ill-fated optical scanner, a voting device, which I mentioned a little while ago, that was used in Rock Island County and I think, in probably the judgement of all, was ill-fated and a real disaster to the election process in 33  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 this state and all across the country. It amends the section on notices to bring all publication requirements into conformity. This is a State Board of Elections cleanup Bill. It's a solid piece of election legislation. It's a good Amendment. It won't withdraw any of the language that is in the current Bill. The current Bill's language is not touched by this Amendment. It's a solid Amendment. I really can't understand why anybody would vote against it in the interest of good government. And the fact of the matter being, that we're only going to see one election Bill. I move its adoption."

"Mr. Greiman."

"Well, the reduction of signatures required is a very serious policy matter and not the kind of technical procedural approach that the State Board will take. So, I'm not even sure that that's within the perview of the State Board's concept. We have made it not easy to be an independent candidate, and probably for good reason, because we do it here and believe in a two party system. But in any event, certainly not on this Bill at this time."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 65 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #22, offered by Representative Countryman."

"Mr. Countryman."

"Withdraw Amendment #22."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #23, offered by Representative 34  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 55th Legislative Day Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #23 amends the Election Code. It requires that the State Board of Elections to approve all election judges' manuals sold to the election authorities by election supply vendors. Now, this doesn't sound like a very complicated thing, but it is an important issue. because many of the vendors are out there selling manuals that are not approved by the State Board of Elections. The State Board of Elections, by the way, writes and approves a manual to be used by judges of elections. The Illinois Constitution requires that elections be conducted uniformly. And these election manuals must be, and should be. uniform. The State Board of Elections has never had a problem with these election manuals when they are used. And as a matter of fact, they are the things that sometimes we have to refer to when we are recounting an election, as to how that election should properly have been conducted. This is a solid manual, and something upon which the election judges can refer. We shouldn't have people in one county reading one manual, and another county reading another manual. Therefore, if the election suppliers are going to use this sort of a thing, then they ought to have it approved by the State Board of Elections. Now, I realize that I stand up here, and I give a solid Amendment which is ... which is a good initiative, and the Gentlemen on the other side of the aisle carries a lot of weight, and he says, Well, you shouldn't vote yes on this Amendment because he says so. These are good Amendments, Ladies and Gentlemen. And you should be voting for them. These are solid initiatives. None of them are really even controversial. And he has tried to generate some 35  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 controversy in some of these, but its surprising. We haven't even rebutted them because there isn't that much controversy, and most of them, he just admits, are solid pieces of legislation. And for that reason they ought to be put on this Bill and voted favorably by you. And I ask for the adoption of this Amendment."

"Mr. Greiman."

"Well, some of the issues that have been raised make some sense, and are solid, if you use the word 'solid'. Not this one, however. This happens to be ... probably be unconstitutional since it requires an approval of the supplies that the vendor is to sell, before the sale is made, with no notion or no approval that maybe it will be passed out. So, therefore, it would be a ... it's the usual Republican interference in the lives of our public ... of our people where government just keeps going into our lives and affecting our lives. It's hard for me to believe you want an intrusive society, but that's the way I guess it is. So, this Bill is clearly unconstitutional ... this Amendment is clearly unconstitutional. We should vote it right down now."

"Representative Cowlishaw."

"Thank you, Mr. Speaker. I rise in support of this Amendment, mostly because of a situation which occurred in a community, a part of which I represent in this General Assembly. In 1985, when the election for the Mayor of Aurora was held, it was discovered that the manual in use for that election, for all of the election judges who were serving in that mayoral election, those manuals having been purchased by the Aurora Board of Election Commissioners from one of these vendors was incorrect. And the directions which were listed in that manual were, in fact, in violation of the laws of the State of Illinois. It is 36  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 our obligation to see to it that the election judges who serve in election jurisdictions throughout this state are properly informed. This is an education Amendment, and it deserves to be supported."

"The Gentleman from Kane, Representative Kirkland, on the Amendment."

"Thank you, Madam Speaker. I would just add that, you know. I think it doesn't interfere with the private enterprise to allow outside vendors to print up these manuals. The problem is, is that the manuals need to come into compliance with state law, and a lot of communities, or at least Aurora and some others, could, as they are allowed to do now, order the manuals without knowing that the manuals are defective. And this Amendment would cure that and, yet, allow private enterprise to print these manuals, and that makes sense."

"Representative Countryman, to close."

"Well, thank you, Madam Speaker, and it's nice to see you in the Chair. It is questionable ... constitutionality, I mean, isn't really a question at all here. The underlying Bill may have some questions as to constitutionality, but all this says is that the material that's publish must conform to Illinois law; that is, it must be correct. Now, we have an obligation, in running the conduct of the elections of this state, to make sure that they are uniform. In order to be uniform, somebody must approve these things. There's no censorship in these manuals. These are things that are being done for profit by a corporation. In essence, nobody has to buy them because they can go to the State Board of Elections and get them for free. But, if they are going to buy them, they ought to be written properly, they ought to be edited, and they ought to be legally and technically correct. And 37  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 that's all this Amendment says, and I ask for your 'aye' vote."

"The question is, 'Shall Amendment #23 be adopted? All those in favor vote 'aye', all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? The Clerk will take the record. On this question there are 48 voting 'aye', 64 voting 'no', and none voting 'present', and the Amendment fails. Are there any further Amendments?"

"Floor Amendment #24, offered by Representative Tate."

"Representative Tate."

"Withdraw."

"Withdraw #4 ... #24. Any further Amendments?"

"Floor Amendment #25, offered by Representative Tate."

"Representative Tate."

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. Amendment #25 is an Amendment that was offered essentially to protect the right of secret ballot. Amendment #25 is very comparable to a House Bill that Representative Stern introduced last year, House Bill 1813. What Amendment ... Madam Speaker? Madam Speaker, it's really noisy right here. Can we have some attention in the Chair? Madam Speaker, I don't think anyone in this chamber will have a problem or disagree with the intent of this Amendment. The reason for this change is, currently in Illinois, we have some school districts and local taxing bodies which cover only a part of a precinct. If only persons that are eligible to vote in such elections, and if there is a low turnout, which frequently occurs in those elections, there could only be a single voter. As a circumstance such as this, it could destroy the secrecy of 38  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 the ballot. To give you an example of that is, recently, two years ago, we had a situation where we had a school board referendum, and ... and it was the Sullivan School Board Election in Lovington Precinct. Only two voters lived in that precinct. Those two voters, if they were to vote in that precinct, that married couple, everybody that voted in that election would know how those people voted. So, what we are trying to do is ... the Amendment provides that those voters would be reassigned to another precinct and preserve the privacy of that Amendment ... or that vote. It also, in addition to that, Madam ... in addition to that, it saves money. One of the purported advantages of election consolidation was requiring the same polling place to be used for all elections. Although this goal has been realized, it has certain unintended consequences. Even though there is only a handful of voters in a precinct who are eligible to vote in a local government or school district election, the election authority must rent a polling place, keep it open for 13 hours, pay the election judges, and incur all of the other required expenses that would cause in the case of hundreds of voters eligible to vote. Under the provision of this Bill, the relatively handful of voters can be reassigned to a precinct even across the county line, thereby saving considerable expense. It's a ... again it's an Amendment that has been well thought out. It has had editorials throughout the state in favor of this Amendment. It's an Amendment that I don't think anyone in this vhamber would disagree with. Now, if the problem here ... if we're going to run a Party line vote, then I would ask the Gentleman that rises up and says "Well this ... I'm not going to say this is good or bad on this Amendment, I just would ask everybody to vote 'no'. I would ask that Gentleman if ... if the problem here 39  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 is Republican sponsorship, this is an important enough issue to me, that I would be more than happy to take my name off the sponsorship, give you the Sponsor of the Bill. I would be more than happy to ask every Republican over here to vote against this Bill, so the Democrats can vote for this Bill, so you can take credit for this issue. All I want to do is protect the privacy of people that vote in this state, that preserve a secret ballot in this state. All I want to do is encourage people to go to the polls and vote in an election. That's all we are asking here. If the Gentleman wants to stand up and say "Now, well, this is one we have to vote against on," hey, just ... just let me know. Just... just tell me if that's all we have to do, and we can make those accommodations. I won't say anything about your weight or anything else."

"Speaker Madigan in the Chair. The Chair recognizes Mr. Greiman."

"Yes. Thank you. I think, Mr. Chair ... Mr. Speaker. Mr. Tate, no one in this chamber would want to take away one minute of the glory of this Amendment from you. When men and women remember you, they want to remember this moment. and this Amendment. So, none of us will do that. However, if you were going to thoughtfully think about this Amendment, you might have thought about putting in some notice to these people who, on an April day, will get into their car in the middle of a rain and go to vote at the school house where they always vote, and suddenly there is no flag out there flapping and waving. Nothing is there. The election people have run off. They are someplace else. We don't know where they are, but they are someplace else. And so we say, "Ah, the heck with it." So probably, as many people whose ballots are ... somehow have a violation of secrecy, there will be that many people who won't vote, 40  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 because they won't go to the right place on that morning. There's nothing here that implicitly indicates or requires notice be given. So, it's not even a good Amendment in its current status. So we are going to vote ... I would suggest a 'no' vote."

"Mr. Countryman."

"Well, thank you, Mr. Speaker and Ladies and Gentlemen of the House. Here we go again, but ... You know, we have got another Amendment later on that will solve that little problem, so all you have to do is start adopting all of these Amendments and the notice problem will be wiped out. But, you know, we had a situation in the recount that some of us spent SO many months doing, where we went into Kankakee County and by accident, when we were walking around the warehouse there, the clerk said something about there were four people who voted on paper ballots, because there were only four people who voted in the 85th District in that precinct. And yet we couldn't find those paper ballots. This procedure is used, by the way, in many other types of elections. And this is a solid procedure, and it should be adopted. It's a cost saving measure. It's a good government measure. And it's one which the Representative, I think, who is sponsoring this Amendment, asked me about, about three years ago. He said, 'Can we come up with a way of solving this little problem that had come about?' It's not just a problem in his district. It's a problem in my district. It's a problem in everybody's district. And, if you go back and ask your election authorities, your county clerks, they'll tell you there is a problem, they'll tell you there is concern and; therefore, you should vote 'yes'. Thank you."

"Mr. Hultgren."

"Thank ... Thank you, Mr. Speaker, Ladies and Gentlemen 41  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 of the House. I rise in support of the Amendment offered by the Gentleman from Macon. I have a story. I think, that's even better than his. I was in the office of the superintendent of schools in a district back in the 94th District not too long ago, and he was pointing to me to a picture on the wall of the school district ... the school district map. And pointed to one section of land of an adjoining township. And it was the only section of land that was in the school district and, in that section of land, there was just one voter, a widower, whose farmhouse was located on that section of land. And he was the only school district voter in that particular election precinct. And every time he went to the polls in the school district election, it was apparent exactly how he had voted, whether for school board members, or for a referendum, or what have you, because he was the only vote recorded in that particular election jurisdiction on school board issues. I think this is a good Amendment. It would rectify the problem that that school district superintendent pointed out to me, and I would urge all Members to support the Amendment."

"Mr. Tate, to close."

"Well, thank you, Mr. Speaker. Contrary to what the opponent to this Amendment stated, the notices are currently required by law, and those people do receive a notice. Also contrary to some of the previous remarks, this Amendment was introduced in a form of a Bill last year. It was the election reform in 1986. It's election reform in 1987, and it will be election reform until we pass this Amendment and put it on the books as law. I ask all of you to just look and read this Amendment. I think you will find it's a reasonable proposal, that this is not a political proposal. It's not a partisan proposal. This 42  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 is good government, and I ask for a favorable adoption of this Amendment."

"The question is, •Shall the Amendment be adopted?* Those in favor signify by voting 'aye', those opposed by voting 'no". Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 47 ayes, 67 *nos. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #26, offered by Representative Countryman."

"Withdraw Amendment .... "

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #27, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #27 amends the Election Code. Provides that the State Board of Elections must design a standard and scientific random method of selecting the precincts which are to be used in the post election retabulation, and requires the election authorities to utilize that method. Permits observers from both ... for both the random selection procedure, and the retabulation itself. Current law provides that in precincts that are to be retabulated, are to be selected on a random basis by the election authority, SO that every precinct in the election jurisdiction has an equal mathematical chance of being selected. This change would require that the random selection procedure be subject to the process of, in essence, poll watchers, or some type of watchers from civic organizations and political parties. This is a 43  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 self-directing selection procedure by which requiring election authorities to adopt it would provide for post election retabulating in all election jurisdictions utilizing electronic vote. And it should temper and reduce the possibility of vote fraud or erroneous results due to computer error of one sort or another. Now, the State Board of Elections, not too long ago, issued a summary of findings and observations on their computer testing programs. And it's unbelievable what they did in about this 12 page report as they went around and they found various inconsistencies in the programs that were used to tabulate certain elections. And I ... you don't ... you hate to point to out to any one jurisdiction what the problem was, but there have been a lot of problems. Some of these things .... some of these people who write these computer programs just don't understand some of the tabulating procedures. Some of them get goofed up for other reasons. The State Board of Elections has the expertise and can make these determinations as to whether or not the programs are running properly. But, more importantly than that, the State of California, which has a great deal of integrity in their election process, requires an automatic retabulating of 2% of all of the precincts in an election, and this is done after the election when there is time to do it, and when people can find errors. And they do it by hand. They sit in there and count these punch card ballots by hand to make sure that they ... that they exactly coincide with the computer printout precincts. This brings integrity to the election process. This is a good Amendment and a 'no' vote says we don't want honest elections in Illinois. I move its adoption."

"Mr. Greiman."

"Yes, I would just advise some of the ... many of the 44  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 Members that there is not quite unanimity in the belief as to whether this Bill is a good Bill. County chairmen... I mean, county clerks are not at all uniform in their support of this concept and are thoughtful that there may not be uniform application once it is enacted. There are some other questions, for example, as to the meaning of 'qualified civic organizations' that would have to get notice. So that there are many questions, and this is not yet complete and ought to be defeated at this time."

"Mr. Slater."

"Thank you, Mr. Speaker. Mr. Countryman, would you yield for questions? In a ... in a retabulation, how would one go about selecting the precincts to be retabulated at this point in time?"

"It's supposed to be random, but we are not assured that it's random."

"So, that means that if they ... an attorney were representing a Democrat, he would most likely go into precincts which he thought would yield results for his candidate. Is that ... is that so?"

"Well, this isn't really a recount situation. This is a retabulation. It's a checking of the systems. It's a check and balance, so that this would be done automatically to make sure that in every election the result was an honest and accurate result in finding any problems that might have occurred in the tabulating process."

"The tabulating process is different from a recount procedure, though. What ... I don't understand. Retabulation. tabulation. You're a former Chairman of the State Board of Elections, and I know you are well versed in this. So, could you educate me?"

"Yeah. Well, tabulation is what we do on election night, you know, as we stand around watching those results 45  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 come in and we see those printouts come out of wherever we get them, from the computer rooms, and in some areas of the state, people have precinct ballot counters that are a little machine that generates a ... through its program, generates the results. Now, in some areas, maybe all of the cards didn't get run through in those precinct machines, and this would assure that all of those are done properly. In the areas where we have centralized computer counting, where you have those major machines that we watch the results come out, and ususally in your area and my area, in those areas, you want to double check to make sure that everything was right. You know, there is a header card and a trailer card that go into the counting ... the reading of the ballots and you want to make sure that they were placed right. If the trailer card, you know, was placed 20 ballots ahead of where it should have been, the machine will quit counting. So, you know, retabulation is something which is probably a good procedure and establishes credibility and integrity to the election process."

"Well, thank you, Mr. Countryman. It does sound to me like your Amendment provides an improvement to our election system. I urge its adoption."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 48 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #28, offered by Representative Countryman."

"Mr. Countryman." 46  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"Withdraw #28." June 2, 1987

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #29, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I feel like a broken record, but I'm going to go again on this one. Amendment #29 amends the Election Code. It specifies in those election jurisdictions which utilize increasing counting equipment and, by the way, for those of you who wondering what that is, it's generally the City of Chicago, Cook County, there's some areas in Madison County, there's some other areas in the state the election judges' certificate of results is to be the document used for the official canvass of votes. It also provides that if there is a discrepancy between the unofficial results and the certificate of results, the ballots for that precinct must be retabulated. Now, for those of you who run in Chicago, and for those of you who don't, you know that in Chicago the precinct ballot counter has what they call a data pack. And, on election night because we are all so anxious to know the total election results, they run these data packs to some central location and some machine grabs off that data. But as the precinct ballot counter tabulates the votes, much like an adding machine, it sends out a certificate of results which is on a piece of paper. All this Amendment says is that certificate of results is the official result. There is no where in the law now that it says that that is the official result. But, if there is a discrepancy, and I think this is only a legitimate question, if there is a discrepancy between what the data pack said and what that certificate 47  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 of results said, then they should retabulate that precinct to make a determination if the data pack was in error or the certificate of results was in error. This will ensure the integrity of those data packs and improve the system, and I think it's a solid Amendment, and I move for its passage."

"Mr. Greiman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Sometimes we're so close to the trees that we can't see the forest. Now, the Gentleman from DeKalb, who is the keeper of the election laws in Illinois, or presumes himself such, at least, has introduced a new term in this Amendment. It says 'unofficial results'. Nowhere in the Election Code is there some kind of a definition of unofficial results. Unofficial results are maybe what the guy wished he got, what the press thought he got and what his mother hoped he'd got. So, this is a tragically flawed Amendment and probably should be cast aside like the rest of them."

"Mr. McCracken."

"Thank you, Mr. Speaker. I would like to compliment the Democratic Spokesman. He is finding himself addressing the issues on these Amendments, and I think that's a step in the right direction. However, I think if you give some serious thought and reflection to this Amendment, you will agree with its Sponsor, that it's something which is very appropriate and indeed should be called Election Code reform. And the fact of the matter is, as I have said before, this does not delete the Solidarity Party portion of the Bill. It does not defeat the purpose for which you are all trying to beat our Amendments. Nobody has indicated that the Governor's going to veto this Bill if some of these Amendments get on. As a matter of fact, 48  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 there would be reason to think he'd be more willing to do SO. So, it serves no purpose to try to defeat these Amendments or try to argue the Amendments on their merits, or even make the call to party unity. The fact of the matter is, that these are recorded Roll Call votes and many of you over there in close districts will probably live to see these votes somewhere in your future. I would suggest that with that in mind that you vote your conscience on these matters and vote the merits of these Amendments. They don't jeopardize the Solidarity Bill and they won't come back to haunt you."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #30, offered by Representative Countryman."

"Mr. Countryman."

"Withdraw Amendment #30."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #31, offered by Representative Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I can say this to the Gentleman on the other side of the aisle, my mother wishes I could get more votes on the prevailing side that are against this side on this Amendment. And, frankly I should. This Amendment, in essence, restates provisions in the Code which provides 49  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 that the write in candidates require at least as many valid write in votes, as they require signatures on their nominating petitions for those offices that they are seeking. If, however, one or more candidates whose names are printed on the ballot receive fewer votes than a write in opponent, then the write in candidate is declared the winner, no matter how many write in votes he or she received. Now, I'm really only trying to do in this Amendment what we have been trying to do for a number of years around here. And as a matter of fact, I know the Speaker himself and I agree on the error on the part of the State Board of Elections in construing a Bill that I passed some two or three years ago, I think it was three years ago, concerning the law in this area. And the State Board of Elections, unfortunately, since I have left over there, doesn't have some of the wisdom that they should, and they made an error in their judgement. And what this says is very simply, if you go out and you run a write in campaign for precinct committeeman and you get more votes than the guys on the ballot, you're the winner. But, a few years ago some Gentlemen over on the other side of the rotunda decided that you had to have a certain number of votes that was equivalent to the number of signatures that you had to have on a petition for nomination, and the State Board of Elections has made an error in ruling on who would be the winner in that case. And what they have done is said that the winner ... in order to be a write in winner you've got to have as many, at least as many signatures ... votes as there are signatures in the petition. It gets a little complicated, but let's say it's down to this. If there is a write in candidate and he receives more votes than the printed candidate, then he should be the winner. The courts have said this, and all we're trying to do by this 50  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 Amendment is to change the law and make it right. And, as a matter of fact, Mr. Speaker, I remember when you and I both wrote letters to the State Board of Elections to tell them the error of their ways, and they still have not found the errors of their way. So, the only way to do that is to pass this law and make it clear."

"Mr. Greiman."

"Yes, thank you. Representative Countryman, of course, you show us the errors of our way that we let you pass a Bill because now we have to keep correcting it, and ... until you finally get one right. Well, it is certainly true that the Speaker was interested in a change in the rules, this probably could be accomplished if we would pass the Solidarity Bill, abolish the Party, and then we will probably have new members of the Board. And new members of the Board would probably certainly agree with this concept. Accordingly, I think we ought to vote 'no' certainly at this time."

"Mr. Ropp."

"Thank you, Mr. Speaker and Members of the House. If there's any one of these Amendments that surely needs supporting, it's this one. To think what happened the last primary when people could get on the ballot for the fall election with one vote is just nonsense. If that's your attempt to continue that process, then there is no real reason to even have a ... an attempt to go out and sign petitions. Everybody ought to just run and you can get one or two votes and get on the ballot. This really makes a mockery of the whole process without this Amendment, and I urge you to support this Amendment so that it is right, fair and just and is attempting to do exactly what this Legislature passed several years ago."

"Mr. McCracken." 51  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"Thank you, Mr. Speaker. I would like the Gentleman. to June 2, 1987 compliment He gives new meaning to the ... to the word germane. He argues that because the Solidarity Party would otherwise get election judges, and since this change in the law would get different election judges than from those appointed by the Solidarity Party, that they probably agree with the Gentleman's Amendment and it would become law. Excellent argument. The point is, I guess, that if the Bill did not pass, there would be four Republicans, two Democrats and two Solidarity Party Members on the Board of Elections. We didn't create that problem. Our side of the aisle didn't create that problem. And, now you want us to acquiesce in your solution to the problem. The fact is that the voters have created a new Party, and you seek to take it away from them. These Amendments are offered in good faith. They are offered because they are good Amendments, and we have not had the opportunity to present them, other than in this forum. Vote your conscience. Vote the merits of the Amendments. Vote 'aye'."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #32, offered by Representative Countryman."

"Mr. Countryman."

"Withdraw #32."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #33, offered by Representative 52  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 55th Legislative Day Countryman."

"Mr. Countryman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #33 amends the Election Code. It adds various administrative procedures by election authorities in the processing of the triplicate voter registration record cards and the affidavit of cancellation of previous registrations. A few years ago, we adopted a plan for triplicate voter registration cards. This was to take effect on a phased-in basis statewide on July 1, 1986. It establishes a system whereby the voter retains his or her registration records permanently, regardless of where he or she moves throughout the state. In other words, the card travels with the voter. Now that's probably good for those of you who like to keep track of who votes with your Party, because you can keep track of what their prior registration and voting history was, if you like to do that sort of thing. But, this Bill ... or Amendment was suggested as in form of a Bill by a Gentleman on the other side of the aisle, and it was suggested by the State Board of Elections. It really does nothing to change the underlying Bill, and it gives ... alleviates some of the administrative difficulties with this new system and enhances the voter registration system in this state, and I move its adoption."

"Mr. Greiman."

"It seems to me a really trivial Bill. Now, it may be that we should look at this, study it, be careful and think about it a little bit. But in a day when we have Committees and we're talking about trying to get legislation that all of you care about out, maybe this Amendment could wait for consideration another time. So, I would ask a 'no' vote." 53  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"Mr. Stephens." June 2, 1987

"Thank you, Mr. Speaker. A point of personal privilege, if I may?"

"Proceed."

"I want to do ... we have an interesting visitor on our side of the aisle. I think it's appropriate at this time that he be introduced. But, we have former House Member, and future House Member, Jerry Weller."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye", those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 65 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #34, offered by Representative Slater."

"Mr. Slater."

"Withdraw."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #35, offered by Representative Slater."

"Mr. Slater."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #35 simply does what we so often like to do around this place, and that's use the criminal law to enforce everything else that exists. Right now, we have on the statutes, a book that ... rather a statute that says failure to file an affidavit with the Board of Election Commissioners listing the occupants of a hotel, lodging house, rooming home, furnished apartment, or facility licensed under the Nursing Home Care Reform Act is a 54  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 violation of law, but it doesn't provide for any penalties. And so what we're doing through Amendment #35 is elevating the failure to do that to a Class A Misdemeanor - criminal law to enforce election law. And that's good law. Now, this is only going to apply in nine cities where there are election commissioners. It's going to apply in Chicago, Aurora, Rockford, Galesburg, Peoria, Danville, Bloomington, Springfield and East St. Louis, and most importantly, in DuPage County. So, this is the kind of legislation that is designed to get around those allegations of vote fraud that we see on the front page of the Iribune after every election, and it's the kind of legislation that we need to ... we need to pass out of here. I move its adoption."

"Mr. Greiman."

"Thank you. Well, if I thought that this would go after the DuPage County ghost voters, I probably would be for it. But, unfortunately, the Gentleman who drafted this, when he got to Amendment 335, must have been kind of winding down, because this penalty that is thrown into this provision is exactly the present penalty that exists for violation of the Election Code. Your attention is directed to Section 29-12 of the Election Code that says that the disregard of the Election Code is a Class A Misdemeanor SO that this Amendment is redundant and should be defeated."

"Mr. Slater."

"Thank you, Mr. Speaker. Just in clarification to the point raised by the Gentleman from Cook. What this Bill does is make it much more specific in terms of its application. Thank you."

"The question is, 'Shall the Amendment be adopted?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted wish? Have all voted who wish? The Clerk shall take 55  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 the record. On this question there are 48 'aye', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #36, offered by Representative Slater."

"Mr. Slater."

"Withdraw."

"Withdraw the Amendment. Are there any further Amendments?"

"Amendment #37, offered by Representative Slater."

"Mr. Slater."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The reason that we have Senate Bill 10 in front of the House today is because of the 1986 election, and what happened in the 1986 election as it relates to the Democratic Party and the Solidarity Party. But, the reason that ... that Amendment #37 has been filed, adding on to Senate Bill £10, is because of what happened in that 1982 election. Almost daily, you would hear after the 1982 election that there was election that had been stolen by the Republicans from the Democrats. That, but for the fact that there was not an adequate recount procedure, that there would be a different Governor, during the time period from '82 to '86. Well, what we are trying to do through the Amendment #37 is to correct that situation. It provides for a statewide recount procedure. There was a Bill filed, House Bill 913, by Representative Cullerton and Slater, which provided the exact same thing that House Bill ... rather that Amendment #37 does. It provides for a statewide recount procedure, which is applicable across the whole state as it relates to all statewide elected officials, even including Board of Trustees for the University of Illinois. It may be that this is the kind of legislation that never be needed in the State of Illinois 56  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 again. Or it may be that in 1990 we'd need it again. I move its adoption."

"Mr. Greiman."

"Yes, I wonder if the Gentleman would yield for one question? Do you know what the Governor's position is on this Bill ... this Amendment? Just a yes or no, if you know."

"Mr. Greiman, I ... Representative, I do not know."

"We don't know what his position ... or he might, in fact, be upset over this Amendment because it certainly varied the procedures under which he was elected. There is no election of a State Officer until 1990. There is certainly no great pressure to put this in today, and we ought to, therefore, set it aside for another time. I would ask a 'no' vote."

"Mr. Countryman."

"Well, thank you Mr. Speaker. This is a solid Amendment. I mean, to talk about the rights of the people and the voters, to recount an election statewide, this is absolutely a solid Amendment. Now, I have been informed from sources around here that the Governor will sign this if it gets on his desk. And if he doesn't, and if he doesn't want to, I'll certainly tell him to sign it. This is a good Amendment. We need a procedure. We need a procedure in this state where election laws are fair to all; Republican, Democrat, Solidarity, Libertarian, whatever. That's the right, the basic right of democracy. This Amendment establishes and preserves that basic right to democracy. If you vote against this Amendment, then you've voted against democracy, you've voted against the rights of the voters, and you've voted against the right of the people to govern themselves. I urge an 'aye' vote."

"Mr. McCracken." 57  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987

"Thank you, Mr. Speaker. I suspect the leader of the Solidarity Party would be in favor of this Amendment, since the last time he ran as a Democrat it was such a close race. And, if the leader of both Parties, your last Democratic gubernatorial candidate and the only Solidarity gubernatorial candidate would be in favor of this Amendment, how could anyone be against it."

"The question is, 'Shall the Amendment be adopted?' Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 47 'ayes', 65 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #38, offered by Representative Cowlishaw."

"Representative Cowlishaw."

"Thank you, Mr. Speaker. Could we please withdraw Amendment #38?"

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #39, offered by Representative Cowlishaw."

"Representative Cowlishaw."

"Thank you. Mr. Speaker, Ladies and Gentlemen of the House. This is a very simple question that we answer when we vote on this Amendment. The question is this: do we favor fraud, or fight fraud? That's a simple choice. What this Bill says is that absentee ballots which arrive too late on election day to be delivered to the precinct polling place to be counted shall be marked by the election authority with the time of their arrival. It also provides that the signature on the ballot envelope of that absentee 58  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 ballot must be compared with the signature on the voter's permanent registration record card that is held in the master file, to specify that poll watchers may also observe that signature comparison. Let me explain that there is always the possibility that votes can be stolen and, most of all, through the absentee voting process if there is the intent to do so. It is our job, it is even our obligation to be sure that there is as little as possible that could ever be done by anyone whose intent was to steal votes. By requiring the time stamping of late absentee ballots, by requiring a signature comparison between the one on the ballot envelope, and the one in the master file and by permitting that poll watchers may be present during that comparison of signatures, we have made a valiant and, hopefully, a noble effort to see to it that by the election laws of this state, we have not perpetrated fraud, made it easy. Instead, we have done everything within the limits of our ability to make fraud the less likely that it possibly can be under any state's Election Code. The question is, Mr. Speaker, do we favor fraud, or fight fraud? It is a simple question. I urge a 'yes' vote."

"Mr. Greiman."

"Yes. Moralizing on election laws is sort of like a preacher giving a sermon in a brothel. While it's nice to hear all of that sermonizing, and of course, we understand she comes from one of those counties where you probably have a lot of election fraud, we're not sure that we've heard of any indictments or convictions for any of these things that she has talked about. None of these things are very significant. None of these things are very meaningful. Certainly can be put off till another time and it ought to be today."

"Representative Countryman." 59  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day

"Well, thank you, Mr. Speaker, Ladies June 2, 1987 and Gentlemen of the House. This is a solid Amendment. This is solid legislation. This, in essence, will mean that the people who vote legitimately will have an opportunity to have their votes counted, and counted properly. This is the type of legislation that we need in this state, and for two years we have been unable to pass a Bill, or even get it out to the House floor. Now is the time. Not later. Not some other day. We've been hearing that all year. And this rhetoric is just getting old. I move the adoption of the Amendment."

"Mr. Peterson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This whole exercise is a sham, an orchestrated vote killing good Amendments in order to have a so-called clean Bill. Many of these Amendments, originally Bills sponsored by both sides of the aisle, are worthy of serious consideration. They represent real attempts to improve our election laws. I think the other side of the aisle should try to visualize trying to explain their vote on these good government Amendments to the voters in the next election. What are you going to say when you are asked why you didn't vote for these Amendments, such as this one? Oh, shucks, the Speaker just wanted a clean Bill. And shucks, we just never had another opportunity. Even of course, though, we control the House by a very healthy Majority. So, I urge you, Ladies and Gentlemen on the other side of the aisle, to avoid the risk that this sham represents to you back in the district and vote for all of these good Amendments, and surely to vote for this outstanding Amendment."

"Representative Cowlishaw."

"Mr. Speaker, to close on the subject of Amendment #39 to Senate Bill 10, I would simply say that I object very 60  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 strongly to some comments that were made by a prior speaker, to even refer to the remarks made by any Member of this House of Representatives on this Floor as similar to a sermon delivered in a brothel. Now, Mr. Speaker, I have heard this chamber and the General Assembly referred to in unkind terms, and sometimes in terms that none of us would approve. But, Mr. Speaker, that is offensive."

"The question is, Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 47 'ayes', 65 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #40, offered by Representative McCracken."

"Mr. McCracken. The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #41, offered by Representative McCracken."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #42, offered by Representative Tuerk."

"Mr. McCracken."

"Mr. Speaker, we all know that Representative Tuerk has undergone surgery and is unavailable. I wonder if Representative Slater would be given leave to handle these?"

"Leave is granted. Mr. Slater."

"Withdraw Amendment #42, Mr. Speaker."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #43, offered by Representative 61  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day Tuerk."

"Mr. Slater." June 2, 1987 "Thank you, Mr. Speaker. Amendment #43 is actually House Bill 209, which was cosponsored by Representative Tuerk and Representative Saltsman and it deals specifically with problems which came up in Limestone Township, in Peoria County. What the Bill or what the Amendment does is require that voters who sign nominating petitions for the General Assembly candidates and new Party and Independent candidates must include their street address or rural route number and the circulator. municipality of the signer and the The reason for this, is because we have a number of streets in urban areas running through more than one municipality. It has created problems in Peoria. I'm sure it has created problems in other I urge its adoption."

"Mr. Greiman."

"Well, metropolitan areas. apparently what this does is take out the 10,000 number. This was a threshhold based on the fact, as we have all heard so many times, that people who live in small communities kind of know who they are and can kind of communicate with each other. He have heard that enough times to know that downstate it's kind of homey and folksy. So, I don't think this is a very important Amendment to take up at this time. It changes our visualization and characterization of rural Illinois to make it just like in the big cities. And I don't know if we have to do that."

"The question is, 'Shall the Amendment be adopted?" Those in favor signify by voting 'aye', those opposed by voting 'no". Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there 49 'ayes', 66 'nos". The Amendment fails. Are there any further Amendments?" 62  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987

"Floor Amendment $44, offered by Representative Tuerk."

"Mr. Slater."

"Withdraw Amendment $44, please, Mr. Speaker."

"The Amendment shall be withdrawn. Are there any further Amendments?"

"Floor Amendment #45, offered by Representative Tuerk."

"Mr. Slater."

"Thank you, Mr. Speaker. Amendment #45 is actually House Bill 158, which was cosponsored by Representative Tuerk and Representative Don Saltsman. It ... I suppose, based on the previous representations made by Representative Greiman, isn't important enough to put on this piece of legislation, because it only deals with school boards, and it particularly addresses the problem in Peoria County."

"Mr. Greiman."

"Well, that's precisely the case. I have learned sitting at the knee of the Gentleman from DeKalb, that election laws must be uniform, that that is the cardinal principle of draftsmanship. And here we are, carving out an election process and procedure for a single county, single area. It would certainly destroy the unanimity and uniformity of the Act and I assume that that Gentleman will say that this is not a solid Amendment, and he will vote to defeat it with us."

"The question is, "Shall the Amendment be adopted? Those in favor signify by voting 'aye*, those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes", 63 'nos'. The Amendment fails. Are there any further Amendments?" 63  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987

"Floor Amendment #46, offered by Representative Slater."

"Mr. Slater."

"Withdraw #46, please."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #47, offered by Representative Slater."

"Mr. Slater."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #47 is designed to cover that situation of abuse that we have seen in the election process where a candidate and his campaign machinery go out and essentially say to everybody, 'Vote absentee,' and then they help them sit down and fill out that absentee ballot. What happens is that when those people do that, they subject themselves to criminal penalties. And what this Bill would do would say that if a person had voted absentee and subsequently learned and determined that he was able to come to the polling place, then he could go to the polling place and he could say to the election authorities, 'I'd like to vote in person.' And if he does that, if he presents himself, then the election authorities are obligated to remove the ballot which he had cast absentee and accept his ballot which he cast in person. This is only good government Bill ... only a good government Bill. It's the kind of legislation that I think we want to pass. It's the kind of legislation that encourages personal participation in the voting process. I move its adoption."

"Mr. Greiman."

"Well, to suggest that someone who has cast an absentee ballot isn't personally getting involved in the process is patently nonsense. What we are asking is for a guy to get 64  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2., 1987 two bites at the apple. He voted and now he would like to, "Well, I changed my mind, I think I'll vote again, maybe I'll get somebody else going." I only get one vote. and that's when I come in person. And that's all he ought to get is one vote. It's a bad Amendment and we ought to vote it down."

"Mr. Johnson."

"Deja vu. Representative Greiman talks about absence ... I'm just trying to recall during the Weller-Christensen contest about absentee votes, and his comment that people who vote absentee, it's absurd that they really don't intend to get involved in the process, because that side of the aisle unanimously took the position in the Weller-Christensen race that somebody requested an absentee ballot and had it sent to them because they were infirm or otherwise, and looked like they tried to fill out a straight Republican ballot, then went to the work to send that all back in, but they took the position that that person did that, spent 44 cents and time and everything else, and never intended to cast the ballot at all. That ballot was disallowed. So, I would suggest Representative Greiman, if you mean what you just said, that you voted the wrong way on the Weller-Christensen race."

"Mr. Countryman."

"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm glad to know that the Gentlemen from Cook is now sitting on my knee, and I hope I can handle that. But he ought to be aware that there are areas of this state, and I think even in the county of Cook where there are problems with people who are dragging people to the poll ... down to the election authority and saying 'Get an absentee ballot,' or helping them in some other way get an absentee ballot. Matter of fact, when I sat over some 65  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 blocks away from here in the State Board of Elections, they used to come in Cairo. We used to go down to East St. Louis, and we saw problems with people intimidating other people into getting an absentee ballot. And you don't know how that is cast. Now, one thing we do know in the election process is that on election day we have representatives of both political parties, and I would think that the Sponsor of this Bill would want this Amendment on, because it would make it a better Bill in terms of assuring the people who legitimately were forced by somebody else, or intimidated, or under some form of duress, or even some form of strain, could go in and vote the way they want to for the party of their choice, for the people of their choice. This is a good Amendment and it addresses a problem that exists in this state. And to say otherwise ignores the reality of life in Illinois."

"The question is, 'Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 47 'ayes', 64 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #48, offered by Representative Ackerman."

"Mr. Ackerman."

"Withdraw."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #49, offered by Representative Ackerman."

"Mr. Ackerman."

"This Amendment simply allows local governments to save some money where there is no longer an election contest. 66  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 It provides that if the withdrawal of a candidate, not less than 10 days before election, renders a primary uncontested, the election authority may cancel the primary. Requires the election authority in that event to publish notice of the cancellation not less than seven days before the scheduled date of the primary. The reason for this change, a primary election for a city council seat in Washington, Illinois, in Tazewell County, was scheduled for February 24. One of the two candidates, a police officer, was informed by the city attorney that he could not retain his job in the police department if he were elected to the city council. On the basis of this advice he withdrew from his candidacy on February 4th, too late to cancel the primary. The election took place as scheduled and cost several thousand dollars. The number of people who voted was only 29. This Bill should give election authorities more flexibility than they now possess and could save the taxpayers substantial amounts of money. I move for the adoption of this Amendment."

"Mr. Greiman."

"Yes. This, again, is one that does more ... does more mischief in a way and cuts out somebody's rights. If you pass this Bill ... this Amendment, you adopt this Amendment, it will mean that someone who wishes to file an intent to run as a write in candidate, will be denied that right, because the primary election will have been canceled. Let's assume that I'm perfectly happy to find that Mr. Ackerman is running in the primary. He's my guy. He's my candidate. But, if he were not there, I might run as a write in. Now, he cancels, he withdraws. He cancels the ... the election is canceled, and I can't go forward with my desire to be a write in. Now, that's not fair and that cuts out my rights. This is not well thought out and 67  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE it ought to be defeated." June 2, 1987

"The question is, "Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 66 'nos'. The Amendment fails. Are there any further Amendments?"

"Floor Amendment #50, offered by Representative Petka."

"Mr. Petka. Mr. Petka."

"Thank you. Mr. Speaker. I would respectfully withdraw Amendment #50."

"Withdraw the Amendment. Are there any further Amendments?"

"Floor Amendment #51, offered by Representative Petka."

"Mr. Petka."

"Thank you, Mr. Speaker, Members of the House. Amendment #51 would provide for a new offense called "unlawful procurement of an absentee ballot'. What this Amendment basically would do, would cover a situation where a person is solicited with the intent to procure an absentee ballot from another and who is commanded and encouraged or requests another person to make a false statement in procuring that absentee ballot. What this would provide for is a punitive sanction of a Class A Misdemeanor. And as one of the other speakers from this side of the aisle stated earlier, sometimes we simply must enforce our election laws by resort to the criminal law. This new offense would basically punish the person who was encouraging another to violate our election laws by filing a false statement. And as such, it is something which is needed in this state, as it was pointed out by a report 68  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 from a Federal Grand Jury that investigated election irregularities after the 1982 election, and I would move for its adoption."

"Mr. Greiman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a shocking ... a shocking matter, when I consider the Sponsor. Firstly, violation of the Election Code is already a Class A Misdemeanor. But this says that forgery, or someone who procures and solicits forgery, which is a Class 3 Felony, will only be guilty of a Class A Misdemeanor. Now, apparently the Gentleman from Will County is fighting to reduce the penalties laid on these people. I can't believe it. He's soft on crime. I ask a 'no' vote on this one."

"The question is, "Shall the Amendment be Petka: adopted? Those in favor signify ... Mr. Petka." "Yes, if I may respond briefly, Sir. I also am aware that a person can be held accountable for the actions of another, and perhaps that was what you alluded to. But this very specifically defines an area where the individual who was soliciting another person to violate the election law, would specifically be held under a very specific provision to be a Class A Misdemeanor."

"The question is, "Shall the Amendment be adopted? Those in favor signify by voting 'aye', those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 48 'ayes', 65 'nos'. The Amendment fails. Are there any further Amendments? Mr. McCracken."

"Thank you, Mr. Speaker. Mr. Speaker, a lot of what we have been talking about today is not the Solidarity merger, which is the subject of Senate Bill 10, but it's the Amendments which uniformly fit in the category of 69  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 55th Legislative Day election reform. We have been denied in the past, specifically in the past House Committee Hearings, an opportunity to present our conception of election reform. No Amendments passed out. Only by a last minute agreement between Leadership did the Republican side get an Election Bill out. Neither the Republican, nor the Democratic Election Bill, was ever called. Just to prove Mr. Speaker, that we are not talking about the Solidarity Party, we are talking about election reform, we are willing to withdraw the subsequent Amendments to this Bill. But we want you to know, we want your Membership to know, we want the press to know that we are going to hold you to what you've said today about the merits of this... of these reform Bills. These are up as Bills tomorrow. We expect them to be called by the Committee. We expect you, true to your word, to vote the merits as you have indicated today. He expect our legislation to be fairly called in Committee, and to be given a fair vote. It didn't happen in the House Committee Hearings. We are hoping that you will give us a chance at election reform in the next two weeks by considering the merits of these Bills - the merits of these Bills to which many of you in debate today have agreed are worth passage, worth enacting into law. All we are asking for, Mr. Speaker. is a chance to have the Bills called and election reform to be on the agenda of the Illinois General Assembly this Session. Pursuant to that request, pursuant to what we believe is the good intention of all of us regarding election reform, and specifically directing my remarks to the press, we withdraw all of the subsequent Republican Amendments to this Bill."

"Pursuant to the request of ... The Chair recognizes Mr. Countryman."

"Well, Mr. Speaker, I respect our Leadership and what 70  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 is happening here, but I really ... I really want to say I suspect we're just going to take some time away this afternoon if we continue to argue these Amendments. But this is a serious agenda. And it's most serious to all of us. But it's serious to all of the people of the State of Illinois. And, Mr. Speaker, we have to get these election Bills heard. People of this state have a right and an opportunity here, through the General Assembly, for those people that they sent here. Not just me. Not just Representative Slater. Not just Representative Greiman. But each Member should have an input in this process. We were sent here with this as a duty, as a responsibility. Now, in Chicago they said not too long ago that 50,000 people voted in the Chicago primary who were unauthorized voters, illegally voted. Now, you can't say that because 7,000,000 people voted in the last two years, that the election process machinery is working right. For those of us who were on the Recount Committee, we can't say that we were happy and pleased with everything that happened out there. We know that elections are less than perfect. We're not perfect. But let's improve the process and we will withdraw the rest of these Amendments, Mr. Speaker, but we do it good faith. And we do it in the good faith, Mr. Speaker, that you and the Members across the aisle will legitimately hear these Bills and vote your conscience and participate in this process and take the partisan politics out of this and put good government back in. Thank you."

"Mr. Ewing."

"Mr. Speaker, maybe the Chairman of the Committee was going to address the issue, but before we go on with this, I certainly would like to have some commitment as to the hearing on these Bills this week or next week before the 71  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day deadline." June 2, 1987

"Well, Gentlemen, let's find out who's speaking for who. So, Mr. McCracken has said one thing. and Mr. Ewing has another so ... We don't want to make Mr. Daniels look foolish, do we? Mr. Ewing."

"Well, I don't know who looks foolish here, Mr. Speaker. I don't think it's Representative Daniels. I think it's probably the people of the State of Illinois who look foolish, or we look foolish in their sight because we can't have good election reform before one of your Committees, Mr. Speaker. You're the Speaker of this House, not Representative Daniels. He'd be a good Speaker and some day will be. But what we are asking for, Mr. Speaker, is the right to have those Bills called. And you're Mr. 'Fairness'. Let's have the commitment, then. And I think that Representative McCracken and I are saying the same thing."

"Is Mr. Ronan in the chamber? Mr. Ronan? Mr. Ronan? Could the Pages try and find Mr. Ronan? And the Chair recognizes Mr. Huff."

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. with regards to the issue that is now presently on the floor, as the Chairman of the Election Laws Committee, I just hope to state as emphatically as I know how, that the Republican Bills will be called tomorrow before the Election Laws Committee."

"Mr. McCracken."

"Mr. Huff, will the ... all Bills, Democrat and Republican, having to do with election reform be called and voted upon tomorrow by the Committee?"

"No comment."

"You won't comment on whether they will be voted upon tomorrow? And you expect us to stand back and take it at 72  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day that?" June 2, 1987

"Mr. McCracken. You don't have to make more out of this than... is ..."

"Mr. McCracken, that's the issue that I think we'll take at the proper time, which is before the Election Laws Committee, and not before. And those Bills will be voted on their merits."

"Mr. McCracken, I think the Gentleman responded in the affirmative to your question. So, Mr. Black, do you seek recognition?"

"Thank you, very much, Mr. Speaker, Ladies and Gentlemen of the House. I think we have seen here today perhaps watershed in fairness, Mr. Speaker. And I ... you're noted for fairness. I certainly, in my tenure in the House here, have no reason to doubt that you're a man of your word, a man of fairness, and I think we've heard from Chairman Huff. I think we saw something of a watershed nature here today. We called approximately 50 Amendments to a Bill and not one was challenged as to its germaneness. So, that gives me a great deal of hope, that indeed we'll see fairness tomorrow, and indeed these Bills will be called, and indeed they will be voted on. And in that light, Mr. Speaker, and given your propensity for fairness, as not one Amendment was questioned as to its germaneness today, I am confident that the Bills will be heard, and indeed will be called tomorrow. And I thank you, and I thank Chairman Huff."

"Mr. Slater."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. In good faith, the balance of these Amendments have been withdrawn. I don't know why we had to do this as we have had to do it, in order to focus attention on election reform Bills from this side of the aisle. I have been in 73  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 the General Assembly for three years. The first year that I was here, we had an effective Election Committee. We passed election laws. We didn't make major reform, but we passed election laws. Last year, the Election Committee didn't meet. And this year in 1987, we came into this Body early, and we decided that we needed an Election Laws Committee, that the Election Committee would do something different and that they would deal with an election contest. As a result, the Election Law Committee didn't meet until after the election contest had been decided. After the election law contest was decided. we had a meeting, an organizational meeting where we all sat down and said 'hello' to each other, and then we left. The next week we had another meeting. And at that meeting we took testimony, but we didn't vote on any Bills. And the next meeting, which was the only meeting that we had prior to the deadline to get Bills out of Committee, nobody was there. And on an Attendance Roll Call from the prior week, House Bill 2440 was passed out as a Democratic shell Bill. When a great deal of dissent came from this side of the aisle, it was decided somewhere along the way, well, the Republicans can have a shell Bill too. So, we gave them 1691. And then, neither one of the shell Bills was able to get put together properly, evidently, and both Bills didn't get called before the deadline. So, election reform, or attention to any kind of election issues, it's been two full years, Mr. Speaker. And Senate Bill 10 is important to the Democratic Party. I understand why Senate Bill 10 is important to the Democratic Party. We had an Election Committee meeting last week. And, gee, we only heard one Bill in that Election Committee. And that was Senate Bill 10. And that's the Bill that's before us today. I thank you, Mr. Speaker. I thank you, Chairman Huff, for your 74  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 representations that Republican Bills and Democratic Bills in the area of Election Law are going to be called. And I trust that the will be fairly heard and fairly voted upon in a nonpartisan manner. Thank you."

"Mr. Johnson. Mr. Johnson."

"We've gone through 52 Amendments, and I guess we have withdrawn another 20 some Amendments that basically are efforts to try to bring reform to the Election Code in Illinois and to bring some common sense and fairness to election law in Illinois. And uniformly, those Amendments today have been defeated, just as they have been defeated by the process over the course of the last month or so and just as any semblance of fairness in election at all in Illinois has been flaunted for the last five months, starting with Weller-Christensen, to the refusal to call Bills, to the ignorance of the entire Election Committee process, on through this process today. All so we can salvage a Bill to address itself to a situation that was created by the inability of a political Party to control itself. Now, I would suggest that if we're going to make laws in this state in that manner, and if we're going to neglect the ability and the willingness of Legislators as representing the people, to try to bring some common sense and fairness of the Election Code, to keep a Bill clean that addresses itself in probably an unconstitutional way to a narrow quirk that was created by lethargy of one political Party, that we're here for the wrong reason. All of us are here for the wrong reason and every vote that was cast here is certainly suspect. We've gone through, we've beaten all of the Amendments. We've flaunted the election process, and now we're here trying to say that we're making some sense of government. It doesn't make any sense at all when you do things like we have done over the course of the 75  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 last four or five months, and whether the voters recognize that a year from November is a different question. We're here to be responsible. We're here to be fair. We're here to meet out justice and those things that we talk about in civics class, and all those things have gone down the drain over the course of these months. I don't know what we can say at this point. We've beaten all the Amendments that make sense. We have refused to call Bills. We have made a mockery of the election process. We have allowed someone that was elected by the people to get unseated, and someone that didn't win the election to be seated in his place, and we're here talking about good government. I would suggest that all of us ought to be a little bit red faced when we try to go back and look at the voters, and more particularly the citizens, and tell them we have done something about good government. We've tried on this side. Nobody has a monopoly on justice or fairness. But I would suggest to you that we've got a little bit more equities on this side than they do on the other."

"At the request of Mr. McCracken, Amendments 52 through 79 shall be withdrawn. Are there any further Amendments?"

"There are no further Amendments."

"Third Reading. The plan for the remainder of the day will be as follows: Immediately after adjournment, there will be a meeting of the Cities and Villages Committee and there will be a meeting of the Transportation and Motor Vehicles Committee. The previously scheduled meeting of the Insurance Committee shall be canceled at the request of the Chairman. To repeat, the Insurance Committee meeting will be canceled. The meetings of the Cities and Villages Committee and the Transportation Committee will proceed immediately after adjournment. All 76  55th Legislative Day STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE June 2, 1987 Committees previously scheduled to convene at 4:00 will now convene at 4:30. Are there any questions? The Chair recognizes Mr. Dunn."

"While we are on this, Mr. Speaker, I would like to announce that House Judiciary I Committee will convene tomorrow morning at 9:00 a.m. The Calendar indicates 8:00 a.m., but that Committee will convene tomorrow morning at 9:00 a.m., instead of 8:00 a.m."

"The Gentleman has announced a change in schedule. Judiciary I will not meet at 8:00 a.m., but rather will meet at 9:00 a.m. in the morning. The Chair recognizes Mr. Terzich."

"Yes, Mr. Speaker. I would like to waive the appropriate rule to hear Senate Bill 1080 in the Executive Committee tomorrow morning."

"Mr. Terzich, would you state that again?"

"I would like to waive the appropriate rule to hear Senate Bill 1080 in the Executive Committee tomorrow at 9:00 a.m."

"We'll hold that Motion in abeyance. We'll get back to you, Mr. Terzich. Mr. Turner."

"Thank you, Mr. Chairman. In the absence of the Chairman for the Consumer Protection Committee, I am to announce that the Committee will still meet. It will be a very short meeting, and will start promptly at 4:30."

"Returning to Mr. Terzich's Motion to suspend the posting requirements to permit the hearing of Senate Bill 1080. Mr. Terzich, have you gotten the agreement of the Minority Spokesperson?"

"I believe so."

"Mr. McCracken, there is a Motion to suspend the posting requirement for a Senate Bill 1080. The question is, 'Shall the posting requirement be suspended for the 77  STATE OF ILLINOIS 85th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day June 2, 1987 purpose of hearing Senate Bill 1080 in the Executive Committee tomorrow?* Is there leave? Leave is granted. Is there anything further to come before the Body? Mr. Keane. Mr. Keane."

"Thank you, Mr. Speaker. I just wanted to alert and remind the Members of the Revenue Committee that the meeting will start at 8:00. A full Revenue Committee meeting will start at 8:00 a.m. tomorrow in Room 118. Thank you."

"Is there anything further to come before the Body? There being nothing further, Mr. McPike moves that the House do stand adjourned until 12:00 noon tomorrow. Those in favor say 'aye", those opposed say "no". The 'ayes' have it. The House does stand adjourned until 12:00 noon tomorrow." 78  10/06/87 14:50 STATE OF ILLINOIS 85TH GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES DAILY TRANSCRIPTION OF DEBATE INDEX JUNE 02, 1987 SB-0010 SECOND READING HR-0102 ADOPTED PAGE 1 PAGE 7 PAGE 5 SUBJECT MATTER HOUSE TO ORDER REPRESENTATIVE GREIMAN PAGE 1 PRAYER REVEREND WESOLIK PAGE 1 PLEDGE OF ALLEGIANCE PAGE 3 ROLL CALL FOR ATTENDANCE PAGE 3 ADJOURNMENT PAGE 78