102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3058

 

Introduced 1/5/2022, by Sen. Darren Bailey

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-70 new
10 ILCS 5/19-3  from Ch. 46, par. 19-3

    Amends the Election Code. Provides that the State Board of Elections shall develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is: (1) mailed to a voter; and (2) deposited in the mail by a voter; or (3) deposited in a ballot box by a voter. Effective immediately.


LRB102 23709 AWJ 32895 b

 

 

A BILL FOR

 

SB3058LRB102 23709 AWJ 32895 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 19-3 and by adding Section 1A-70 as follows:
 
6    (10 ILCS 5/1A-70 new)
7    Sec. 1A-70. Ballot tracking system.
8    (a) As used in this Section:
9    "Change in the status" means:
10        (1) when a trackable ballot is mailed to a voter;
11        (2) when an election official receives a voted
12    trackable ballot; and
13        (3) when a voted trackable ballot is counted.
14    "Trackable ballot" means a ballot that is:
15        (1) mailed to a voter in accordance with Article 19;
16    and
17        (2) deposited in the mail by a voter in accordance
18    with Article 19; or
19        (3) deposited in a ballot box by a voter in accordance
20    with Article 15.
21    "Voter registration list" means the statewide list
22established under Section 1A-25, or any successor statewide
23voter registration list established by the State Board of

 

 

SB3058- 2 -LRB102 23709 AWJ 32895 b

1Elections.
2    (b) The State Board of Elections shall develop and
3maintain a statewide or locally-based system to track and
4confirm when there is a change in the status of a trackable
5ballot.
6    (c) The ballot tracking system shall be operational on or
7before July 1, 2022.
8    (d) Beginning on July 1, 2022, if a voter elects to receive
9electronic notifications regarding the status of the voter's
10trackable ballot, the ballot tracking system shall, when there
11is a change in the status of the voter's trackable ballot:
12        (1) send a text message notification to the voter if
13    the voter's information in the voter registration list
14    includes a mobile telephone number;
15        (2) send an e-mail notification to the voter if the
16    voter's information in the voter registration list
17    includes an e-mail address; and
18        (3) send a notification by another electronic means
19    directed by the State Board of Elections.
 
20    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
21    Sec. 19-3. Application for a vote by mail ballot.
22    (a) The application for a vote by mail ballot for a single
23election shall be substantially in the following form:
24
APPLICATION FOR VOTE BY MAIL BALLOT
25    To be voted at the .... election in the County of .... and

 

 

SB3058- 3 -LRB102 23709 AWJ 32895 b

1State of Illinois, in the .... precinct of the (1) *township of
2.... (2) *City of .... or (3) *.... ward in the City of ....
3    I state that I am a resident of the .... precinct of the
4(1) *township of .... (2) *City of .... or (3) *.... ward in
5the city of .... residing at .... in such city or town in the
6county of .... and State of Illinois; that I have lived at such
7address for .... month(s) last past; that I am lawfully
8entitled to vote in such precinct at the .... election to be
9held therein on ....; and that I wish to vote by vote by mail
10ballot.
11    I hereby make application for an official ballot or
12ballots to be voted by me at such election, and I agree that I
13shall return such ballot or ballots to the official issuing
14the same prior to the closing of the polls on the date of the
15election or, if returned by mail, postmarked no later than
16election day, for counting no later than during the period for
17counting provisional ballots, the last day of which is the
1814th day following election day.
19    I understand that this application is made for an official
20vote by mail ballot or ballots to be voted by me at the
21election specified in this application and that I must submit
22a separate application for an official vote by mail ballot or
23ballots to be voted by me at any subsequent election.
24    Under penalties as provided by law pursuant to Section
2529-10 of the Election Code, the undersigned certifies that the
26statements set forth in this application are true and correct.

 

 

SB3058- 4 -LRB102 23709 AWJ 32895 b

1
....
2
*fill in either (1), (2) or (3).
3
Post office address to which ballot is mailed:
4...............
5    (b) The application for permanent vote by mail status
6shall be substantially in the following form:
7
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
8    I am currently a registered voter and wish to apply for
9permanent vote by mail status.
10    I state that I am a resident of the City of .... residing
11at .... in such city in the county of .... and State of
12Illinois; that I have lived at such address for .... month(s)
13last past; that I am lawfully entitled to vote in such precinct
14at the .... election to be held therein on ....; and that I
15wish to vote by vote by mail ballot in:
16    ..... all subsequent elections that do not require a party
17        designation.
18    ..... all subsequent elections, and I wish to receive a
19        ................... Party vote by mail ballot in
20        elections that require a party designation.
21    I hereby make application for an official ballot or
22ballots to be voted by me at such election, and I agree that I
23shall return such ballot or ballots to the official issuing
24the same prior to the closing of the polls on the date of the
25election or, if returned by mail, postmarked no later than
26election day, for counting no later than during the period for

 

 

SB3058- 5 -LRB102 23709 AWJ 32895 b

1counting provisional ballots, the last day of which is the
214th day following election day.
3    Under penalties as provided by law under Section 29-10 of
4the Election Code, the undersigned certifies that the
5statements set forth in this application are true and correct.
6
....
7
Post office address to which ballot is mailed:
8...............
9    (c) However, if application is made for a primary election
10ballot, such application shall require the applicant to
11designate the name of the political party with which the
12applicant is affiliated. The election authority shall allow
13any voter on permanent vote by mail status to change his or her
14party affiliation for a primary election ballot by a method
15and deadline published and selected by the election authority.
16    (d) If application is made electronically, the applicant
17shall mark the box associated with the above described
18statement included as part of the online application
19certifying that the statements set forth in the application
20under subsection (a) or (b) are true and correct, and a
21signature is not required.
22    (e) Any person may produce, reproduce, distribute, or
23return to an election authority an application under this
24Section. If applications are sent to a post office box
25controlled by any individual or organization that is not an
26election authority, those applications shall (i) include a

 

 

SB3058- 6 -LRB102 23709 AWJ 32895 b

1valid and current phone number for the individual or
2organization controlling the post office box and (ii) be
3turned over to the appropriate election authority within 7
4days of receipt or, if received within 2 weeks of the election
5in which an applicant intends to vote, within 2 days of
6receipt. Failure to turn over the applications in compliance
7with this paragraph shall constitute a violation of this Code
8and shall be punishable as a petty offense with a fine of $100
9per application. Removing, tampering with, or otherwise
10knowingly making the postmark on the application unreadable by
11the election authority shall establish a rebuttable
12presumption of a violation of this paragraph. Upon receipt,
13the appropriate election authority shall accept and promptly
14process any application under this Section submitted in a form
15substantially similar to that required by this Section,
16including any substantially similar production or reproduction
17generated by the applicant.
18    (f) An election authority may combine the applications in
19subsections (a) and (b) onto one form, but the distinction
20between the applications must be clear and the form must
21provide check boxes for an applicant to indicate whether he or
22she is applying for a single election vote by mail ballot or
23for permanent vote by mail status.
24    (g) Beginning on July 1, 2022, the application shall also
25include substantially the following provision, along with a
26provision to allow the voter to specifically consent to

 

 

SB3058- 7 -LRB102 23709 AWJ 32895 b

1receive notifications by text message or e-mail:
2    "If you have provided a phone number or email address, you
3can receive notifications by text message or e-mail regarding
4the status of a ballot that is mailed to you and that you
5deposit in the mail or in a ballot drop box by indicating the
6phone number or email address here."
7    If the applicant provides a phone number or email address
8on his or her application, the election authority shall
9transmit that information to the State Board of Elections for
10inclusion in the statewide voter registration list.
11(Source: P.A. 102-15, eff. 6-17-21.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.