HB3540 102ND GENERAL ASSEMBLY

LRB102 13491 SMS 18838 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3540

Introduced 2/22/2021, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-13.5 new

Amends the Election Code. Provides that the State Board of Elections shall work with election authorities and the disability community to develop and implement procedures and technologies to provide vote by mail ballots, upon request, in alternative formats that allow all voters to cast a secret, independent, and verifiable vote by mail ballot without the assistance of another person. Requires the procedures and technologies to include an accessible electronic ballot marking tool that enables voters to mark their ballots privately and independently. Requires that each election authority provide the option of a fully electronic ballot with both electronic marking and electronic return that allows voters having a disability to vote a secret ballot without assistance by January 1, 2023.

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 adding Section 19-13.5 as follows:

(10 ILCS 5/19-13.5 new)

Sec. 19-13.5. Accessibility of vote by mail ballots.

(a) As used in this Section, "electronic ballot marking tool" means a system that allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the election authority.

(b) It is the intent of the General Assembly that voting by mail shall be fully accessible to all voters, including voters having a disability, pursuant to all applicable federal and State laws.

(c) The State Board of Elections shall work with election authorities and the disability community to develop and implement procedures and technologies to provide vote by mail ballots, upon request, in alternative formats that allow all voters to cast a secret, independent, and verifiable vote by mail ballot without the assistance of another person. These procedures and technologies shall include, but not be limited to, an accessible electronic ballot marking tool that enables voters to mark their ballots privately and independently.

(d) The State Board of Elections and election authorities shall work to implement other methods for voters to return the ballot to the election authority when completed, including, but not limited to, secure email portals. These systems shall conform to the Illinois Information Technology Accessibility Act, Web Content Accessibility Guidelines (WCAG) 2.1AA, and the National Institute of Standards and Technology (NIST) report "Principles and guidelines for remote ballot marking systems", so long as the technology is consistent with industry standards.

(e) Each election authority shall provide the option of a fully electronic ballot with both electronic marking and electronic return that allows voters having a disability to vote a secret ballot without assistance by January 1, 2023.