HB5202 93RD GENERAL ASSEMBLY

LRB093 21047 JAM 47068 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5202

Introduced 02/05/04, by Paul D. Froehlich

SYNOPSIS AS INTRODUCED:

10 ILCS 5/20-1	from Ch. 46, par. 20-1
10 ILCS 5/20-2	from Ch. 46, par. 20-2
10 ILCS 5/20-2.1	from Ch. 46, par. 20-2.1
10 ILCS 5/20-2.2	from Ch. 46, par. 20-2.2
10 ILCS 5/20-4	from Ch. 46, par. 20-4
10 ILCS 5/20-5	from Ch. 46, par. 20-5
10 ILCS 5/20-6	from Ch. 46, par. 20-6
10 ILCS 5/20-7	from Ch. 46, par. 20-7
10 ILCS 5/20-8	from Ch. 46, par. 20-8

Amends the Election Code. Authorizes (i) civilian citizens outside the U.S. voting for federal officials, (ii) Merchant Marines and their qualified spouses and dependents, (iii) federal government employees stationed outside the U.S. and their qualified spouses and dependents, and (iv) citizens temporarily residing outside the U.S. and their qualified spouses and dependents to register to vote, request absentee ballots, and vote by fax machine or other electronic means (now, only members of the Armed Forces and their qualified spouses and dependents). Redefines "Armed Forces" to include the Reserve component and the Illinois National Guard. Requires election authorities to have the means to send and receive fax and other electronic transmissions. Requires the State Board of Elections to adopt necessary rules. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 20-1, 20-2, 20-2.1, 20-2.2, 20-4, 20-5, 20-6, 20-7, and 20-8 as follows:

(10 ILCS 5/20-1) (from Ch. 46, par. 20-1)

Sec. 20-1. The following words and phrases contained in this Article shall be construed as follows:

1. "Territorial limits of the United States" means each of the several States of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands; but does not include American Samoa, the Canal Zone, the Trust Territory of the Pacific Islands or any other territory or possession of the United States.

2. "Member of the United States Service" means (a) members of the Armed Forces, Reserve component of the United States Armed Forces, or Illinois National Guard, while on active duty and their spouses and dependents of voting age when residing with or accompanying them, (b) members of the Merchant Marine of the United States and their spouses and dependents when residing with or accompanying them and (c) United States government employees serving outside the territorial limits of the United States.

3. "Citizens of the United States temporarily residing outside the territorial limits of the United States" means civilian citizens of the United States and their spouses and dependents of voting age when residing with or accompanying them, who maintain a precinct residence in a county in this State and whose intent to return may be ascertained.

4. "Non-Resident Civilian Citizens" means civilian citizens of the United States (a) who reside outside the territorial limits of the United States, (b) who had maintained a precinct residence in a county in this State immediately prior to their departure from the United States, (c) who do not maintain a residence and are not registered to vote in any other State, and (d) whose intent to return to this State may be uncertain.

5. "Official postcard" means the postcard application for registration to vote or for an absentee ballot in the form provided in Section 204(c) of the Federal Voting Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).

6. "Federal office" means the offices of President and Vice-President of the United States, United States Senator, Representative in Congress, delegates and alternate delegates to the national nominating conventions and candidates for the Presidential Preference Primary.

7. "Federal election" means any general, primary or special election at which candidates are nominated or elected to Federal office.

8. "Dependent", for purposes of this Article, shall mean a father, mother, brother, sister, son or daughter.

(Source: P.A. 81-953.)

(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)

Sec. 20-2. Any member of the United States Service, otherwise qualified to vote, who expects in the course of his duties to be absent from the county in which he resides on the day of holding any election may make application for an absentee ballot to the election authority having jurisdiction over his precinct of residence on the official postcard or on a form furnished by the election authority as prescribed by Section 20-3 of this Article not less than 10 days before the election. The request for an application for an absentee ballot may be made by a facsimile machine or electronic transmission. Each election authority in the State shall establish the means by which to send and receive absentee ballot request forms by facsimile machine or electronic transmission. A request pursuant to this Section shall entitle the applicant to an absentee ballot for every election in one calendar year. The original application for ballot shall be kept in the office of the election authority for one year as authorization to send a ballot to the voter for each election to be held within that calendar year. A certified copy of such application for ballot shall be sent each election with the absentee ballot to the polling place to be used in lieu of the original application for ballot. No registration shall be required in order to vote pursuant to this Section.

Ballots under this Section shall be mailed or transmitted by facsimile or other electronic means by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Ballots voted under this Section must be returned to the election authority in sufficient time for delivery to the proper precinct polling place before the closing of the polls on the day of the election. Prior to the next general election taking place after the effective date of this amendatory Act of the 93rd General Assembly, the State Board of Elections shall promulgate rules for sending and receiving applications, postcards, and ballots by facsimile or electronic transmission. Rules shall include, at a minimum, a requirement that returned ballots must be accompanied by the voter's signature, electronic or written, consenting to a waiver of the voter's right to secrecy of the ballot.

(Source: P.A. 86-875.)

(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)

Sec. 20-2.1. Citizens of the United States temporarily residing outside the territorial limits of the United States who are not registered but otherwise qualified to vote and who expect to be absent from their county of residence during the periods of voter registration provided for in Articles 4, 5 or 6 of this Code and on the day of holding any election, may make simultaneous application to the election authority having jurisdiction over their precinct of residence for an absentee registration and absentee ballot not less than 30 days before the election. The request for an absentee registration and an application for an absentee ballot may be made by a facsimile machine or electronic transmission. Such application may be made on the official postcard or on a form furnished by the election authority as prescribed by Section 20-3 of this Article. A request pursuant to this Section shall entitle the applicant to an absentee ballot for every election in one calendar year. The original application for ballot shall be kept in the office of the election authority for one year as authorization to send a ballot to the voter for each election to be held within that calendar year. A certified copy of such application for ballot shall be sent each election with the absentee ballot to the polling place to be used in lieu of the original application for ballot.

Registration shall be required in order to vote pursuant to this Section. However, if the election authority receives one of such applications after 30 days but not less than 10 days before a Federal election, said applicant shall be sent a ballot containing the Federal offices only and registration for that election shall be waived.

Ballots under this Section shall be mailed or transmitted by facsimile or other electronic means by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Prior to the next general election taking place after the effective date of this amendatory Act of the 93rd General Assembly, the State Board of Elections shall promulgate rules for sending and receiving applications, postcards, and ballots by facsimile or electronic transmission. Rules shall include, at a minimum, a requirement that returned ballots must be accompanied by the voter's signature, electronic or written, consenting to a waiver of the voter's right to secrecy of the ballot.

Ballots under this Section must be returned to the election authority in sufficient time for delivery to the proper precinct polling place before the closing of the polls on the day of the election.

(Source: P.A. 86-875.)

(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)

Sec. 20-2.2. Any non-resident civilian citizen, otherwise qualified to vote, may make application to the election authority having jurisdiction over his precinct of former residence for an absentee ballot containing the Federal offices only not less than 10 days before a Federal election. Such application may be made only on the official postcard or by facsimile or electronic transmission. A request pursuant to this Section shall entitle the applicant to an absentee ballot for every election in one calendar year at which Federal offices are filled. The original application for ballot shall be kept in the office of the election authority for one year as authorization to send a ballot to the voter for each election to be held within that calendar year at which Federal offices are filled. A certified copy of such application for ballot shall be sent each election with the absentee ballot to the polling place to be used in lieu of the original application for ballot. No registration shall be required in order to vote pursuant to this Section. Ballots under this Section shall be mailed or transmitted by facsimile or other electronic means by the election authority in the manner prescribed by Section 20-5 of this Article and not otherwise. Prior to the next general election taking place after the effective date of this amendatory Act of the 93rd General Assembly, the State Board of Elections shall promulgate rules for sending and receiving applications, postcards, and ballots by facsimile or electronic transmission. Rules shall include, at a minimum, a requirement that returned ballots must be accompanied by the voter's signature, electronic or written, consenting to a waiver of the voter's right to secrecy of the ballot. Ballots under this Section must be returned to the election authority in sufficient time for delivery to the proper precinct polling place before the closing of the polls on the day of the election.

(Source: P.A. 86-875.)

(10 ILCS 5/20-4) (from Ch. 46, par. 20-4)

Sec. 20-4. Immediately upon the receipt of the official postcard or an application as provided in Section 20-3 within the times heretofore prescribed, the election authority shall ascertain whether or not such applicant is legally entitled to vote as requested. If the election authority ascertains that the applicant is lawfully entitled to vote, it shall enter the name, street address, ward and precinct number of such applicant on a list to be posted in his or its office in a place accessible to the public. As soon as the official ballot is prepared the election authority shall immediately deliver the same to the applicant in person, or by mail, or by use of a facsimile machine or electronic transmission, in the manner prescribed in Section 20-5.

If any such election authority receives a second or additional application which it believes is from the same person, he or it shall submit it to the chief judge of the circuit court or any judge of that court designated by the chief judge. If the chief judge or his designate determines that the application submitted to him is a second or additional one, he shall so notify the election authority who shall disregard the second or additional application.

The election authority shall maintain a list for each election of the voters to whom it has issued absentee ballots. The list shall be maintained for each precinct within the jurisdiction of the election authority. Prior to the opening of the polls on election day, the election authority shall deliver to the judges of election in each precinct the list of registered voters in that precinct to whom absentee ballots have been issued.

Election authorities may transmit, by facsimile machine or electronic means, a ballot simultaneously with transmitting an application for absentee ballot; provided that no such ballot shall be counted unless an application has been completed by the voter and its authenticity verified prior to or simultaneously with receipt of the completed ballot by the election authority.

(Source: P.A. 81-0155; 81-0953; 81-1509.)

(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)

Sec. 20-5. The election authority shall fold the ballot or ballots in the manner specified by the statute for folding ballots prior to their deposit in the ballot box and shall enclose such ballot in an envelope unsealed to be furnished by it, which envelope shall bear upon the face thereof the name, official title and post office address of the election authority, and upon the other side of such envelope there shall be printed a certification in substantially the following form:

"CERTIFICATION

I state that I am a resident/former resident of the ....... precinct of the city/village/township of ............, (Designation to be made by Election Authority) or of the .... ward in the city of ........... (Designation to be made by Election Authority) residing at ................ in said city/village/township in the county of ........... and State of Illinois; that I am a

1. ( ) member of the United States Service

2. ( ) citizen of the United States temporarily residing outside the territorial limits of the United States

3. ( ) nonresident civilian citizen

and desire to cast the enclosed ballot pursuant to Article 20 of The Election Code; that I am lawfully entitled to vote in such precinct at the ........... election to be held on ............

I further state that I marked the enclosed ballot in secret.

Under penalties as provided by law pursuant to Article 29 of The Election Code, the undersigned certifies that the statements set forth in this certification are true and correct.

...............(Name)

.....................

(Service Address)"

.....................

.....................

.....................

If the ballot enclosed is to be voted at a primary election, the certification shall designate the name of the political party with which the voter is affiliated.

In addition to the above, the election authority shall provide printed slips giving full instructions regarding the manner of completing the forms and affidavits for absentee registration or the manner of marking and returning the ballot in order that the same may be counted, and shall furnish one of the printed slips to each of the applicants at the same time the registration materials or ballot is delivered to him.

In addition to the above, if a ballot to be provided to an elector pursuant to this Section contains a public question described in subsection (b) of Section 28-6 and the territory concerning which the question is to be submitted is not described on the ballot due to the space limitations of such ballot, the election authority shall provide a printed copy of a notice of the public question, which shall include a description of the territory in the manner required by Section 16-7. The notice shall be furnished to the elector at the same time the ballot is delivered to the elector.

The envelope in which such registration or such ballot is mailed to the voter as well as the envelope in which the registration materials or the ballot is returned by the voter shall have printed across the face thereof two parallel horizontal red bars, each one-quarter inch wide, extending from one side of the envelope to the other side, with an intervening space of one-quarter inch, the top bar to be one and one-quarter inches from the top of the envelope, and with the words "Official Election Balloting Material-VIA AIR MAIL" between the bars. In the upper right corner of such envelope in a box, there shall be printed the words: "U.S. Postage Paid 42 USC 1973". All printing on the face of such envelopes shall be in red, including an appropriate inscription or blank in the upper left corner of return address of sender.

Election authorities transmitting ballots by facsimile machines or electronic transmission shall, to the extent practical, provide the voter by facsimile machine or electronic transmission with the same instructions, certification, and other materials required when sending them by mail. Prior to the next general election taking place after the effective date of this amendatory Act of the 93rd General Assembly, the State Board of Elections shall promulgate rules for sending and receiving applications, postcards, and ballots by facsimile or electronic transmission.

(Source: P.A. 84-1467.)

(10 ILCS 5/20-6) (from Ch. 46, par. 20-6)

Sec. 20-6. Such absent voter shall make and subscribe to the certifications provided for in the application and on the return envelope for the ballot, and such ballot or ballots shall then be folded by such voter in the manner required to be folded before depositing the same in the ballot box, and be deposited in such envelope and the envelope securely sealed. Such envelope shall be mailed by such voter, to the officer issuing the ballot or, if more convenient, it may be delivered in person.

When the election authority accepts ballots by facsimile machine or electronic means, the voter may complete the ballot and transmit it by facsimile machine or electronic means to the election authority, accompanied by an electronic or written signature consenting to a waiver of the voter's right to secrecy of the ballot. The election authority shall adopt procedures to limit access to completed ballots received by facsimile machine or electronic means.

If the absent voter wishes to return a marked ballot that the voter received from the election authority by facsimile machine or electronic transmission, the voter may use 2 plain envelopes, marking one as the security envelope into which the voter shall insert the marked ballot and marking the outside envelope as the return envelope for mailing. Such envelopes shall be sent to the proper election authority with sufficient paid postage affixed.

(Source: P.A. 81-155.)

(10 ILCS 5/20-7) (from Ch. 46, par. 20-7)

Sec. 20-7. Upon receipt of such absent voter's ballot, the officer or officers above described shall forthwith enclose the same unopened, together with the application made by said absent voter in a large or carrier envelope which shall be securely sealed and endorsed with the name and official title of such officer and the words, "This envelope contains an absent voter's ballot and must be opened on election day," together with the number and description of the precinct in which said ballot is to be voted, and such officer shall thereafter safely keep the same in his office until counted by him as provided in the next section.

When a ballot is received by facsimile machine or electronic transmission, the election authority shall take the necessary steps to prepare the ballot for counting, either in the office of the election authority or in the precinct, in a manner reasonably consistent with the procedure required in this Section.

(Source: P.A. 81-155.)

(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)

Sec. 20-8. In case any such ballot is received by the election authority prior to the delivery of the official ballots to the judges of election of the precinct in which said elector resides, such ballot envelope and application, sealed in the carrier envelope, shall be enclosed in the same package with the other official ballots and therewith delivered to the judges of such precinct. In case the official ballots for such precinct have been delivered to the judges of election at the time of the receipt by the election authority of such absent voter's ballot, it shall immediately enclose said envelope containing the absent voter's ballot, together with his application therefor, in a larger or carrier envelope which shall be securely sealed and addressed on the face to the judges of election, giving the name or number of precinct, street and number of polling place, city or town in which such absent voter is a qualified elector, and the words, "This envelope contains an absent voter's ballot and must be opened only on election day at the polls immediately after the polls are closed," mailing the same, postage prepaid, to such judges of election, or if more convenient he or it may deliver such absent voter's ballot to the judges of election in person or by duly deputized agent and secure his receipt for delivery of such ballot or ballots. Absent voter's ballots postmarked after 11:59 p.m. of the day immediately preceding the election returned to the election authority too late to be delivered to the proper polling place before the closing of the polls on the day of election shall be endorsed by the person receiving the same with the day and hour of receipt and shall be safely kept unopened by the election authority for the period of time required for the preservation of ballots used at such election, and shall then, without being opened, be destroyed in like manner as the used ballots of such election.

If the election authority receives from the same voter both a marked absent voter's ballot returned by mail and a marked absent voter's ballot returned by facsimile machine or electronic transmission, the election authority shall count the ballot returned by mail. The ballot returned by facsimile or electronic transmission shall not be counted but shall be marked "Rejected Duplicate FAX Ballot" and preserved with other unopened, uncounted ballots.

All absent voters' ballots received by the election authority after 12:00 noon on election day or too late for delivery to the proper polling place before the closing of the polls on election day, except ballots returned by mail postmarked after midnight preceding the opening of the polls on election day, shall be counted in the office of the election authority on the day of the election after 7:00 p.m. All absent voters' ballots delivered in error to the wrong precinct polling place shall be returned to the election authority and counted under this provision. Absent voter's ballots transmitted by the voter to the election authority via facsimile machine or electronic means may be counted in the office of the election authority under this Section or they may be delivered to the judges of election in the appropriate precinct for counting as provided in Section 20-9.

Such counting shall commence no later than 8:00 p.m. and shall be conducted by a panel or panels of election judges appointed in the manner provided by law. Such counting shall continue until all absent voters' ballots received as aforesaid have been counted.

The procedures set forth in Section 19-9 of this Act and Articles 17 and 18 of this Code, shall apply to all absent voters' ballots counted under this provision; except that votes shall be recorded without regard to precinct designation.

Where certain absent voters' ballots are counted in the office of the election authority as provided in this Section, each political party, candidate and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned.

(Source: P.A. 84-861.)

Section 99. Effective date. This Act takes effect upon becoming law.