103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0996

 

Introduced 1/12/2023, by Rep. Sue Scherer

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-65
10 ILCS 5/17-11  from Ch. 46, par. 17-11
10 ILCS 5/17-13.6 new
10 ILCS 5/17-17  from Ch. 46, par. 17-17
10 ILCS 5/18-5  from Ch. 46, par. 18-5
10 ILCS 5/18-5.2 new

    Amends the Election Code. Provides that, before the 2024 general primary election, each election authority shall designate at least one telephone number that can be used by a person with a disability, a person with an infant, or a person who is age 80 or older to call and request that voting assistance be provided in the polling place's parking lot or parking spaces (in-vehicle assisted voting) and that can also be used by any person to report an individual who is acting in an intimidating or unlawful manner inside or outside of the polling place. Provides that the election authority may also designate a SMS text message number that may be used for the same purposes. Includes provisions relating to posting of the telephone number and SMS text message number at each polling place and on a voter registration card. Provides that, before the 2024 general primary election, each election authority must establish procedures for in-vehicle assisted voting on election day. Includes details on implementation of the in-vehicle assisted voting. Provides that the State Board of Elections may adopt rules to implement the provisions, and provides that the State Board of Elections shall create an affidavit for use by persons using in-vehicle assisted voting. Makes other changes. Effective immediately.


LRB103 03531 AWJ 48537 b

 

 

A BILL FOR

 

HB0996LRB103 03531 AWJ 48537 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
5Sections 1A-65, 17-11, 17-17, and 18-5 and by adding Sections
617-13.6 and 18-5.2 as follows:
 
7    (10 ILCS 5/1A-65)
8    Sec. 1A-65. Election authority guidance. 90 days before
9any election, the State Board of Elections shall provide
10written guidance to election authorities on: (1) ballot
11tracking procedures and the proper terminology to be used as
12part of those procedures; and (2) summarizing requirements for
13voting, curbside voting, in-vehicle assisted voting, early
14voting, and vote by mail.
15(Source: P.A. 102-15, eff. 6-17-21.)
 
16    (10 ILCS 5/17-11)  (from Ch. 46, par. 17-11)
17    Sec. 17-11. On receipt of his ballot the voter shall
18forthwith, and without leaving the inclosed space, retire
19alone, or accompanied by children as provided in Section 17-8,
20to one of the voting booths so provided and shall prepare his
21ballot by making in the appropriate margin or place a cross (X)
22opposite the name of the candidate of his choice for each

 

 

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1office to be filled, or by writing in the name of the candidate
2of his choice in a blank space on said ticket, making a cross
3(X) opposite thereto; and in case of a question submitted to
4the vote of the people, by making in the appropriate margin or
5place a cross (X) against the answer he desires to give. A
6cross (X) in the square in front of the bracket enclosing the
7names of a team of candidates for Governor and Lieutenant
8Governor counts as one vote for each of such candidates.
9Before leaving the voting booth the voter shall fold his
10ballot in such manner as to conceal the marks thereon. He shall
11then vote forthwith in the manner herein provided, except that
12the number corresponding to the number of the voter on the poll
13books shall not be indorsed on the back of his ballot. He shall
14mark and deliver his ballot without undue delay, and shall
15quit said inclosed space as soon as he has voted; except that
16immediately after voting, the voter shall be instructed
17whether the voting equipment, if used, accepted or rejected
18the ballot or identified the ballot as under-voted for a
19statewide constitutional office. A voter whose ballot is
20identified as under-voted may return to the voting booth and
21complete the voting of that ballot. A voter whose ballot is not
22accepted by the voting equipment may, upon surrendering the
23ballot, request and vote another ballot. The voter's
24surrendered ballot shall be initialed by the election judge
25and handled as provided in the appropriate Article governing
26that voting equipment.

 

 

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1    No voter shall be allowed to occupy a voting booth already
2occupied by another, nor remain within said inclosed space
3more than ten minutes, nor to occupy a voting booth more than
4five minutes in case all of said voting booths are in use and
5other voters waiting to occupy the same. No voter not an
6election officer, shall, after having voted, be allowed to
7re-enter said inclosed space during said election. No person
8shall take or remove any ballot from the polling place before
9the close of the poll. No voter shall vote or offer to vote any
10ballot except such as he has received from the judges of
11election in charge of the ballots. Any voter who shall, by
12accident or mistake, spoil his ballot, may, on returning said
13spoiled ballot, receive another in place thereof only after
14the word "spoiled" has been written in ink diagonally across
15the entire face of the ballot returned by the voter.
16    Where voting machines, or electronic voting systems,
17curbside voting, or in-vehicle assisted voting are used, the
18provisions of this section may be modified as required or
19authorized by Article 24, 24A, 24B, or 24C or by Section
2017-13.5 or 17-13.6, whichever is applicable, except that the
21requirements of this Section that (i) the voter must be
22notified of the voting equipment's acceptance or rejection of
23the voter's ballot or identification of an under-vote for a
24statewide constitutional office and (ii) the voter shall have
25the opportunity to correct an under-vote or surrender the
26ballot that was not accepted and vote another ballot shall not

 

 

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1be modified.
2(Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
 
3    (10 ILCS 5/17-13.6 new)
4    Sec. 17-13.6. Phone or text number for voting assistance;
5in-vehicle assisted voting.
6    (a) As used in this Section:
7    "Designated phone number or SMS text message number" means
8the number designated under subsection (b) by an election
9authority for a person to contact for assistance described in
10this Section.
11    "Person with a disability" means a person who suffers from
12a physical or mental impairment that substantially limits one
13or more major life activities.
14    "Person with an infant" means a person who has a child
15under the age of one with them.
16    (b) Before the 2024 general primary election, each
17election authority shall designate at least one telephone
18number that can be used by a person with a disability, a person
19with an infant, or a person who is age 80 or older to call and
20request that voting assistance be provided in the polling
21place's parking lot or parking spaces and that can also be used
22by any person to report an individual who is acting in an
23intimidating or unlawful manner inside or outside of the
24polling place. The election authority may also designate a SMS
25text message number that may be used for the same purposes. The

 

 

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1election authority may use a designated phone number or SMS
2text message number for a single polling place or a group of
3polling places. The number or numbers designated must be
4monitored at all times that the polling places served by the
5number or numbers are open.
6    If the election authority uses a single number for all
7polling places or for a group of polling places, the
8designated phone number or SMS text message number must
9connect to a person employed by or volunteering for the
10election authority who can contact the judges of election at
11the polling place where the individual is intending to vote.
12If the election authority designates a specific telephone
13number or SMS text message number for a single polling place,
14the designated phone number or SMS text message number must
15connect to one of the following persons at the designated
16polling place: an election judge or employee of or volunteer
17for the election authority.
18    (c) A notice shall be posted on each door of a polling
19place that is to be used by members of the public to enter the
20polling place stating the following in a substantially similar
21format:
22
If you are in need of voter assistance at this polling place,
23
please contact (insert phone number and, if available, SMS
24
text message number). Assistance may be available for the
25
following purposes:
26
1. Voting in your vehicle if you are a person with a

 

 

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1
disability.
2
2. Voting in your vehicle if you are a person 80 years of age
3
or older.
4
3. Voting in your vehicle if you have a child under the age of
5
one with you.
6
4. Assistance with a person or persons who are acting in an
7
intimidating or unlawful manner inside or outside of the
8
polling place.
9    This notice may be combined with other polling place
10notices by the election authority. If a polling place does not
11have a designated parking lot or parking spaces, items 1, 2,
12and 3 of the notice may be omitted from the notice.
13    If the election authority gives a registered voter a voter
14registration card that lists the voter's polling place, the
15voter assistance phone number and, if applicable, SMS text
16message number must be listed on the card.
17    (d) Before the 2024 general primary election, each
18election authority must establish procedures for persons with
19a disability, persons 80 years of age or older, and persons
20with an infant to cast a ballot at the polling place's parking
21lot or parking spaces, if it has any, on election day. The
22judges of election shall designate at least 2 judges of
23election from opposite political parties per vehicle. The
24judges of election shall present the person with an affidavit
25for the person to affirm that the person is eligible for voting
26assistance under this Section. Once the judges of election

 

 

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1have verified that the affidavit has been completed and
2signed, the person may be handed a paper ballot and marking
3utensil. The individual shall have the opportunity to mark the
4ballot without interference from the election judges.
5Challengers and poll watchers allowed by law may be in the
6vicinity of the judges of election and vehicles in the same
7manner as otherwise allowed by law inside the polling place.
8    An election authority may designate parking spaces at the
9polling place that must be used by a person to vote in the
10person's vehicle. A person may only use a paper ballot to vote
11under this subsection.
12    (e) If a person uses the designated phone number or SMS
13text message number to report a person or persons acting in an
14intimidating or unlawful manner inside or outside of the
15polling place, the judge of election or employee or volunteer
16of the election authority answering the call or text shall
17determine if assistance can be provided and inform the person
18calling or texting whether assistance can be provided.
19    (f) The State Board of Elections may adopt rules to
20implement this Section. The State Board of Elections shall
21create an affidavit or modify an existing affidavit to present
22to persons asking to vote in the person's vehicle under this
23Section.
24    (g) All affidavits completed and signed under this Section
25shall be enclosed in a separate envelope securely sealed and
26shall be transmitted with the returns of the elections to the

 

 

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1election authority who shall preserve the affidavits for the
2period of 6 months, during which period the affidavits are
3public records and are freely open to examination.
 
4    (10 ILCS 5/17-17)  (from Ch. 46, par. 17-17)
5    Sec. 17-17. After the opening of the polls no adjournment
6shall be had nor shall any recess be taken, until all the votes
7cast at such election have been counted and the result
8publicly announced, except that when necessary one judge at a
9time may leave the polling place for a reasonable time during
10the casting of ballots, and except that when a polling place is
11inaccessible to a voter with a disability, one team of 2 judges
12of opposite party affiliation may leave the polling place to
13deliver a ballot to such voter, as provided in Sections 7-47.1
14and 17-13 of this Code. When a judge leaves and returns, such
15judge shall sign a time sheet indicating the length of the
16period such judge is absent from his duties. When absent, the
17judge shall authorize someone of the same political party as
18himself to act for him until he returns.
19    Where voting machines, or electronic voting systems,
20curbside, voting, in-vehicle assisted voting is are used, the
21provisions of this section may be modified as required or
22authorized by Article 24 or Article 24A or by Section 17-13.5
23or 17-13.6, whichever is applicable.
24(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
2    Sec. 18-5. Any person desiring to vote and whose name is
3found upon the register of voters by the person having charge
4thereof, shall then be questioned by one of the judges as to
5his nativity, his term of residence at present address,
6precinct, State and United States, his age, whether
7naturalized and if so the date of naturalization papers and
8court from which secured, and he shall be asked to state his
9residence when last previously registered and the date of the
10election for which he then registered. The judges of elections
11shall check each application for ballot against the list of
12voters registered in that precinct to whom grace period, vote
13by mail, and early ballots have been issued for that election,
14which shall be provided by the election authority and which
15list shall be available for inspection by pollwatchers. A
16voter applying to vote in the precinct on election day whose
17name appears on the list as having been issued a grace period,
18vote by mail, or early ballot shall not be permitted to vote in
19the precinct, except that a voter to whom a vote by mail ballot
20was issued may vote in the precinct if the voter submits to the
21election judges that vote by mail ballot for cancellation. If
22the voter is unable to submit the vote by mail ballot, it shall
23be sufficient for the voter to submit to the election judges
24(i) a portion of the vote by mail ballot if the vote by mail
25ballot was torn or mutilated or (ii) an affidavit executed
26before the election judges specifying that (A) the voter never

 

 

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1received a vote by mail ballot or (B) the voter completed and
2returned a vote by mail ballot and was informed that the
3election authority did not receive that vote by mail ballot.
4If such person so registered shall be challenged as
5disqualified, the party challenging shall assign his reasons
6therefor, and thereupon one of the judges shall administer to
7him an oath to answer questions, and if he shall take the oath
8he shall then be questioned by the judge or judges touching
9such cause of challenge, and touching any other cause of
10disqualification. And he may also be questioned by the person
11challenging him in regard to his qualifications and identity.
12But if a majority of the judges are of the opinion that he is
13the person so registered and a qualified voter, his vote shall
14then be received accordingly. But if his vote be rejected by
15such judges, such person may afterward produce and deliver an
16affidavit to such judges, subscribed and sworn to by him
17before one of the judges, in which it shall be stated how long
18he has resided in such precinct, and state; that he is a
19citizen of the United States, and is a duly qualified voter in
20such precinct, and that he is the identical person so
21registered. In addition to such an affidavit, the person so
22challenged shall provide to the judges of election proof of
23residence by producing 2 forms of identification showing the
24person's current residence address, provided that such
25identification may include a lease or contract for a residence
26and not more than one piece of mail addressed to the person at

 

 

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1his current residence address and postmarked not earlier than
230 days prior to the date of the election, or the person shall
3procure a witness personally known to the judges of election,
4and resident in the precinct (or district), or who shall be
5proved by some legal voter of such precinct or district, known
6to the judges to be such, who shall take the oath following,
7viz:
8    I do solemnly swear (or affirm) that I am a resident of
9this election precinct (or district), and entitled to vote at
10this election, and that I have been a resident of this State
11for 30 days last past, and am well acquainted with the person
12whose vote is now offered; that he is an actual and bona fide
13resident of this election precinct (or district), and has
14resided herein 30 days, and as I verily believe, in this State,
1530 days next preceding this election.
16    The oath in each case may be administered by one of the
17judges of election, or by any officer, resident in the
18precinct or district, authorized by law to administer oaths.
19Also supported by an affidavit by a registered voter residing
20in such precinct, stating his own residence, and that he knows
21such person; and that he does reside at the place mentioned and
22has resided in such precinct and state for the length of time
23as stated by such person, which shall be subscribed and sworn
24to in the same way. For purposes of this Section, the
25submission of a photo identification issued by a college or
26university, accompanied by either (i) a copy of the

 

 

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1applicant's contract or lease for a residence or (ii) one
2piece of mail addressed to the person at his or her current
3residence address and postmarked not earlier than 30 days
4prior to the date of the election, shall be sufficient to
5establish proof of residence. Whereupon the vote of such
6person shall be received, and entered as other votes. But such
7judges, having charge of such registers, shall state in their
8respective books the facts in such case, and the affidavits,
9so delivered to the judges, shall be preserved and returned to
10the office of the commissioners of election. Blank affidavits
11of the character aforesaid shall be sent out to the judges of
12all the precincts, and the judges of election shall furnish
13the same on demand and administer the oaths without criticism.
14Such oaths, if administered by any other officer than such
15judge of election, shall not be received. Whenever a proposal
16for a constitutional amendment or for the calling of a
17constitutional convention is to be voted upon at the election,
18the separate blue ballot or ballots pertaining thereto shall
19be placed on top of the other ballots to be voted at the
20election in such manner that the legend appearing on the back
21thereof, as prescribed in Section 16-6 of this Act, shall be
22plainly visible to the voter, and in this fashion the ballots
23shall be handed to the voter by the judge.
24    Immediately after voting, the voter shall be instructed
25whether the voting equipment, if used, accepted or rejected
26the ballot or identified the ballot as under-voted. A voter

 

 

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1whose ballot is identified as under-voted for a statewide
2constitutional office may return to the voting booth and
3complete the voting of that ballot. A voter whose ballot is not
4accepted by the voting equipment may, upon surrendering the
5ballot, request and vote another ballot. The voter's
6surrendered ballot shall be initialed by the election judge
7and handled as provided in the appropriate Article governing
8that voting equipment.
9    The voter shall, upon quitting the voting booth, deliver
10to one of the judges of election all of the ballots, properly
11folded, which he received. The judge of election to whom the
12voter delivers his ballots shall not accept the same unless
13all of the ballots given to the voter are returned by him. If a
14voter delivers less than all of the ballots given to him, the
15judge to whom the same are offered shall advise him in a voice
16clearly audible to the other judges of election that the voter
17must return the remainder of the ballots. The statement of the
18judge to the voter shall clearly express the fact that the
19voter is not required to vote such remaining ballots but that
20whether or not he votes them he must fold and deliver them to
21the judge. In making such statement the judge of election
22shall not indicate by word, gesture or intonation of voice
23that the unreturned ballots shall be voted in any particular
24manner. No new voter shall be permitted to enter the voting
25booth of a voter who has failed to deliver the total number of
26ballots received by him until such voter has returned to the

 

 

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1voting booth pursuant to the judge's request and again quit
2the booth with all of the ballots required to be returned by
3him. Upon receipt of all such ballots the judges of election
4shall enter the name of the voter, and his number, as above
5provided in this Section, and the judge to whom the ballots are
6delivered shall immediately put the ballots into the ballot
7box. If any voter who has failed to deliver all the ballots
8received by him refuses to return to the voting booth after
9being advised by the judge of election as herein provided, the
10judge shall inform the other judges of such refusal, and
11thereupon the ballot or ballots returned to the judge shall be
12deposited in the ballot box, the voter shall be permitted to
13depart from the polling place, and a new voter shall be
14permitted to enter the voting booth.
15    The judge of election who receives the ballot or ballots
16from the voter shall announce the residence and name of such
17voter in a loud voice. The judge shall put the ballot or
18ballots received from the voter into the ballot box in the
19presence of the voter and the judges of election, and in plain
20view of the public. The judges having charge of such registers
21shall then, in a column prepared thereon, in the same line of,
22the name of the voter, mark "Voted" or the letter "V".
23    No judge of election shall accept from any voter less than
24the full number of ballots received by such voter without
25first advising the voter in the manner above provided of the
26necessity of returning all of the ballots, nor shall any such

 

 

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1judge advise such voter in a manner contrary to that which is
2herein permitted, or in any other manner violate the
3provisions of this Section; provided, that the acceptance by a
4judge of election of less than the full number of ballots
5delivered to a voter who refuses to return to the voting booth
6after being properly advised by such judge shall not be a
7violation of this Section.
8    When curbside voting or in-vehicle assisted voting is used
9at a polling place, the provisions of this Section may be
10modified as required by the procedures established under
11Section 17-13.5 or 17-13.6, as applicable.
12(Source: P.A. 98-1171, eff. 6-1-15.)
 
13    (10 ILCS 5/18-5.2 new)
14    Sec. 18-5.2. Curbside voting and in-vehicle assisted
15voting. The provisions of Section 17-13.5 or 17-13.6, as
16applicable, are also applicable to the conduct of elections
17under this Article.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.