HB3656 103RD GENERAL ASSEMBLY

LRB103 05124 AWJ 50138 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3656

Introduced 2/17/2023, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

10 ILCS 5/13-1.2 new
10 ILCS 5/14-3.3 new
10 ILCS 5/19-8	from Ch. 46, par. 19-8

Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes.

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 Section 19-8 and by adding Sections 13-1.2 and 14-3.3 as follows:

(10 ILCS 5/13-1.2 new)

Sec. 13-1.2. Vote by mail election judge panel supplemental list; selection. In addition to the lists provided for in Sections 13-1, 13-1.1, and 13-2, the chair of the county central committee of each of the 2 leading political parties, or each township committeeperson in a county with a population of more than 3,000,000 of each of the 2 leading political parties, shall submit to the county board a supplemental list, arranged according to precincts in which they are to serve, of persons available as judges of election for vote by mail election judge panels. The names and phone numbers of all persons listed on the supplemental list shall be acknowledged in writing to the county chair or township committeeperson, as the case may be, and submitted to the county board. The county board shall select from this supplemental list persons qualified under Section 13-4. If the list provided for in this Section for any precinct is exhausted, then selection shall be made from the supplemental list submitted under Section 13-1.1. If the supplemental lists in this Section and Section 13-1.1 are exhausted for any precinct, then selection shall be made from any of the persons on the supplemental lists without regard to the precincts in which they are listed to serve. No selection or appointment from the supplemental lists shall be made more than 60 days prior to the date of an election, except as provided in subsection (g-5) of Section 19-8. In any case where selection cannot be made from the supplemental lists without violating Section 13-4, selection shall be made from outside the supplemental lists of some person qualified under Section 13-4.

The county board shall appoint one or more 3-person vote by mail election judge panels under this Section, of which no more than 2 election judges shall be from the same political party, from the supplemental lists of election judges as provided in this Section. The county board shall appoint a sufficient number of vote by mail election judge panels to be able to examine all vote by mail ballots. A vote by mail election judge panel's only purpose is to examine vote by mail ballots and to make final determinations on rejected ballots, both as provided in Section 19-8.

(10 ILCS 5/14-3.3 new)

Sec. 14-3.3. Vote by mail election judge panel supplemental list; selection. In addition to the lists provided for in Sections 14-3.1 and 14-3.2, the chair of the county central committees of each of the 2 leading political parties in a municipality of fewer than 500,000 inhabitants, or the ward committeepersons of each of the 2 leading political parties in a municipality of 500,000 or more inhabitants, shall furnish to the board of election commissioners a supplemental list, arranged according to precinct in which they are to serve, of persons available as judges of election for vote by mail election judge panels. The names and phone numbers of all persons listed on the supplemental list shall be acknowledged in writing to the county chair or ward committeepersons, as the case may be, and submitted to the board of election commissioners. The board of election commissioners shall select from this supplemental list persons qualified under Section 14-1 for vote by mail election judge panels. If the list provided for in this Section for any precinct is exhausted, then selection shall be made from the supplemental list submitted under Section 14-3.2. If the supplemental lists in this Section and Section 14-3.2 are exhausted for any precinct, then selection shall be made from any of the persons on the supplemental lists without regard to the precincts in which they are listed to serve. No selection or appointment from the supplemental lists shall be made more than 60 days prior to the date of an election, except as provided in subsection (g-5) of Section 19-8. In any case where selection cannot be made from the supplemental lists without violating Section 14-1, selection shall be made from outside the supplemental lists of some person qualified under Section 14-1.

The board of election commissioners shall appoint one or more 3-person vote by mail election judge panels under this Section, of which no more than 2 election judges shall be from the same political party, from the supplemental lists of election judges as provided in this Section. The board of election commissioners shall appoint a sufficient number of vote by mail election judge panels to be able to examine all vote by mail ballots. A vote by mail election judge panel's only purpose is to examine vote by mail ballots and to make final determinations on rejected ballots, both as provided in Section 19-8.

(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)

Sec. 19-8. Time and place of counting ballots.

(a) (Blank.)

(b) Each vote by mail voter's ballot returned to an election authority, by any means authorized by this Article, and received by that election authority before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and may be processed by the election authority beginning on the day it is received by the election authority in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as provided in subsections (g) and (g-5).

(c) Each vote by mail voter's ballot that is mailed to an election authority and postmarked no later than election day, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the period for counting provisional ballots.

Each vote by mail voter's ballot that is mailed to an election authority absent a postmark or a barcode usable with an intelligent mail barcode tracking system, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt, opened to inspect the date inserted on the certification, and, if the certification date is election day or earlier and the ballot is otherwise found to be valid under the requirements of this Section, counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Absent a date on the certification, the ballot shall not be counted.

If an election authority is using an intelligent mail barcode tracking system, a ballot that is mailed to an election authority absent a postmark may be counted if the intelligent mail barcode tracking system verifies the envelope was mailed no later than election day.

(d) Special write-in vote by mail voter's blank ballots returned to an election authority, by any means authorized by this Article, and received by the election authority at any time before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same period provided for counting vote by mail voters' ballots under subsections (b), (g), and (g-5). Special write-in vote by mail voter's blank ballots that are mailed to an election authority and postmarked no later than election day, but that are received by the election authority after the polls close on election day and before the closing of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same periods provided for counting vote by mail voters' ballots under subsection (c).

(e) Except as otherwise provided in this Section, vote by mail voters' ballots and special write-in vote by mail voter's blank ballots received by the election authority after the closing of the polls on an election day shall be endorsed by the election authority receiving them 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 the election, and shall then, without being opened, be destroyed in like manner as the used ballots of that election.

(f) Counting required under this Section to begin on election day after the closing of the polls 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. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.

(g) The procedures set forth in Articles 17 and 18 of this Code shall apply to all ballots counted under this Section. In addition, within 2 days after a vote by mail ballot is received, but in all cases before the close of the period for counting provisional ballots, each 3-person election judge panel appointed under Section 13-1.2 or 14-3.3 the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot with the signature of the voter on file in the office of the election authority and determine if the ballot should be rejected or if the election authority should count the ballot. The signature shall be presumed to match unless all 3 election judges on the election judge panel determine that the 2 signatures do not match. A ballot may be rejected only for the following reasons: (1) the signature on the certification envelope and the signature used by the election authority for verification purposes do not match or the certification envelope contains no signature; (2) the ballot envelope was delivered opened; (3) the voter has already cast a ballot; (4) the voter has already voted in person on election day; (5) the voter is not a duly registered voter in the precinct. If all 3 election judges on the election judge panel determine the ballot should be rejected for any reasons stated in this subsection, the judges shall mark across the face of the certification envelope the word "rejected" and the date and names of the judges voting to reject the ballot. If the election judge panel or official determines that the 2 signatures match, and that the vote by mail voter is otherwise qualified to cast a vote by mail ballot, the election authority shall cast and count the ballot on election day or the day the ballot is determined to be valid, whichever is later, adding the results to the precinct in which the voter is registered. If the election judge or official determines that the signatures do not match, or that the vote by mail voter is not qualified to cast a vote by mail ballot, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.

In addition to the voter's signatures not matching, a vote by mail ballot may be rejected by the election judge or official:

(1) if the ballot envelope is open or has been opened and resealed;

(2) if the voter has already cast an early or grace period ballot;

(3) if the voter voted in person on election day or the voter is not a duly registered voter in the precinct; or

(4) on any other basis set forth in this Code.

If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.

(g-5) If a vote by mail ballot is rejected by the election judge panel or official for any reason, the election authority shall, within 2 days after the rejection or within one day, if the rejection occurs after election day, but in all cases before the close of the period for counting provisional ballots, notify the vote by mail voter through mail, email, or both that his or her ballot was rejected. The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. If the ballot was rejected based on the signature or lack of a signature, the voter may submit a statement that the voter cast the ballot, and, upon receipt, the rejected ballot is valid and shall be counted before the close of the period for counting provisional ballots. If the ballot was rejected because the envelope was delivered opened, the voter may vote in person or request to receive another vote by mail ballot if the voter submits an application and casts or mails the new ballot on or before the 14th day after the election. The election authority shall select one of the election judge panels not involved in the decision in rejecting the vote by mail ballot, or appoint a new election judge panel under Section 13-1.2 or 14-3.3, to review the evidence supporting a voter's contention that the ballot should be counted or if a voter may cast a new ballot under this Section. Except when a ballot's rejection is based upon the voter's signature and a voter submits a statement that the voter cast the ballot, the reviewing election judge panel The election authority shall appoint a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the vote by mail voter. No more than 2 election judges on the reviewing panel shall be of the same political party. The reviewing panel of election judges shall make a final determination as to the validity of the contested vote by mail ballot and if the voter may vote in person or request to receive another vote by mail ballot, as applicable. The judges' determination shall not be reviewable either administratively or judicially.

A vote by mail ballot subject to this subsection that is determined to be valid shall be counted before the close of the period for counting provisional ballots.

(g-10) All vote by mail ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.

(h) 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. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)