Sen. Julie A. Morrison

Filed: 1/9/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3994

2    AMENDMENT NO. ______. Amend House Bill 3994 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1A-55, 17-13, and 19-6 as follows:
 
6    (10 ILCS 5/1A-55)
7    (Text of Section from P.A. 100-587)
8    Sec. 1A-55. Cyber security efforts. The State Board of
9Elections shall provide by rule, after at least 2 public
10hearings of the Board and in consultation with the election
11authorities, a Cyber Navigator Program to support the efforts
12of election authorities to defend against cyber breaches and
13detect and recover from cyber attacks. The rules shall include
14the Board's plan to allocate any resources received in
15accordance with the Help America Vote Act and provide that no
16less than half of any such funds received shall be allocated to

 

 

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1the Cyber Navigator Program. The Cyber Navigator Program should
2be designed to provide equal support to all election
3authorities, with allowable modifications based on need. The
4remaining half of the Help America Vote Act funds shall be
5distributed as the State Board of Elections may determine, but
6no grants may be made to election authorities that do not
7participate in the Cyber Navigator Program.
8    In distribution of the remaining funds received under the
9federal Help America Vote Act, the Board may make such funds
10available to election authorities for the maintenance of secure
11collection sites for the return of vote by mail ballots.
12(Source: P.A. 100-587, eff. 6-4-18.)
 
13    (Text of Section from P.A. 100-623)
14    Sec. 1A-55. Cyber security efforts. The Board shall adopt
15rules, after at least 2 public hearings of the Board and in
16consultation with election authorities, establishing a cyber
17navigator program to support election authorities' efforts to
18defend against cyber breaches and detect and recover from cyber
19attacks. The rules shall include the Board's plan to allocate
20any resources received in accordance with the federal Help
21America Vote Act and provide that no less than half of any
22funds received under the federal Help America Vote Act shall be
23allocated to the cyber navigator program. The cyber navigator
24program shall be designed to provide equal support to all
25elections authorities with some modifications allowable based

 

 

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1on need. The remaining half of the federal Help America Vote
2Act funds shall be distributed as the Board sees fit, but no
3grants may be made to election authorities that do not
4participate in the cyber navigator program managed by the
5Board.
6    In distribution of the remaining funds received under the
7federal Help America Vote Act, the Board may make such funds
8available to election authorities for the maintenance of secure
9collection sites for the return of vote by mail ballots.
10(Source: P.A. 100-623, eff. 7-20-18.)
 
11    (10 ILCS 5/17-13)  (from Ch. 46, par. 17-13)
12    Sec. 17-13. (a) In the case of an emergency, as determined
13by the State Board of Elections, or if the Board determines
14that all potential polling places have been surveyed by the
15election authority and that no accessible polling place, as
16defined by rule of the State Board of Elections, is available
17within a precinct nor is the election authority able to make a
18polling place within the precinct temporarily accessible, the
19Board, upon written application by the election authority, is
20authorized to grant an exemption from the accessibility
21requirements of the Federal Voting Accessibility for the
22Elderly and Handicapped Act (Public Law 98-435). Such exemption
23shall be valid for a period of 2 years.
24    (b) Any voter with a temporary or permanent disability who,
25because of structural features of the building in which the

 

 

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1polling place is located, is unable to access or enter the
2polling place, may request that 2 judges of election of
3opposite party affiliation deliver a ballot to him or her at
4the point where he or she is unable to continue forward motion
5toward the polling place; but, in no case, shall a ballot be
6delivered to the voter beyond 50 feet of the entrance to the
7building in which the polling place is located. Such request
8shall be made to the election authority not later than the
9close of business at the election authority's office on the day
10before the election and on a form prescribed by the State Board
11of Elections. The election authority shall notify the judges of
12election for the appropriate precinct polling places of such
13requests.
14    Weather permitting, 2 judges of election shall deliver to
15the voter with a disability the ballot which he or she is
16entitled to vote, a portable voting booth or other enclosure
17that will allow such voter to mark his or her ballot in
18secrecy, and a marking device.
19    (c) The voter must complete the entire voting process,
20including the application for ballot from which the judges of
21election shall compare the voter's signature with the signature
22on his or her registration record card in the precinct binder.
23    (d) Election authorities may establish curb-side voting
24for individuals to cast a ballot during early voting or on
25election day. An election authority's curb-side voting program
26shall designate at least 2 election judges from opposite

 

 

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1parties per vehicle and the individual must have the option to
2mark the ballot without interference from the election judges.
3    After the voter has marked his or her ballot and placed it
4in the ballot envelope (or folded it in the manner prescribed
5for paper ballots), the 2 judges of election shall return the
6ballot to the polling place and give it to the judge in charge
7of the ballot box who shall deposit it therein.
8    Pollwatchers as provided in Sections 7-34 and 17-23 of this
9Code shall be permitted to accompany the judges and observe the
10above procedure.
11    No assistance may be given to such voter in marking his or
12her ballot, unless the voter requests assistance and completes
13the affidavit required by Section 17-14 of this Code.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
16    Sec. 19-6. Such vote by mail voter shall make and subscribe
17to the certifications provided for in the application and on
18the return envelope for the ballot, and such ballot or ballots
19shall be folded by such voter in the manner required to be
20folded before depositing the same in the ballot box, and be
21deposited in such envelope and the envelope securely sealed.
22The voter shall then endorse his certificate upon the back of
23the envelope and the envelope shall be mailed in person by such
24voter, postage prepaid, to the election authority issuing the
25ballot or, if more convenient, it may be delivered in person,

 

 

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1by either the voter or by any person authorized by the voter,
2or by a company licensed as a motor carrier of property by the
3Illinois Commerce Commission under the Illinois Commercial
4Transportation Law, which is engaged in the business of making
5deliveries.
6    Election authorities shall accept any vote by mail ballot
7returned, including ballots returned with insufficient or no
8postage. Election authorities may maintain one or more secure
9collection sites for the postage-free return of vote by mail
10ballots. Any election authority with collection sites shall
11collect all ballots returned each day at close of business and
12process them as required by this Code, including noting the day
13on which the ballot was returned. Ballots returned to such
14collection sites after close of business shall be dated as
15delivered the next day, with the exception of ballots delivered
16on election day, which shall be dated as received on election
17day. Election authorities shall permit electors to return vote
18by mail ballots at any collection site it has established
19through the close of polls on election day. All collection
20sites shall be secured by locks that may be opened only by
21election authority personnel. The State Board of Elections
22shall establish additional guidelines for the security of
23collection sites.
24     It shall be unlawful for any person not the voter or a
25person authorized by the voter to take the ballot and ballot
26envelope of a voter for deposit into the mail unless the ballot

 

 

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1has been issued pursuant to application by a physically
2incapacitated elector under Section 3-3 or a hospitalized voter
3under Section 19-13, in which case any employee or person under
4the direction of the facility in which the elector or voter is
5located may deposit the ballot and ballot envelope into the
6mail. If the voter authorized a person to deliver the ballot to
7the election authority, the voter and the person authorized to
8deliver the ballot shall complete the authorization printed on
9the exterior envelope supplied by an election authority for the
10return of the vote by mail ballot. The exterior of the envelope
11supplied by an election authority for the return of the vote by
12mail ballot shall include an authorization in substantially the
13following form:
 
14    I ............ (voter) authorize ............... to take
15the necessary steps to have this ballot delivered promptly to
16the office of the election authority.
 
17.......................              ........................
18         Date                           Signature of voter
 
19...............................................
20Printed Name of Authorized Delivery Agent
 
21...............................................
22Signature of Authorized Delivery Agency
 

 

 

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1...............................................
2Date Delivered to the Election Authority
3(Source: P.A. 98-1171, eff. 6-1-15.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".