103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3969

 

Introduced 2/17/2023, by Rep. Nabeela Syed

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/17-13.5

    Amends the Conduct of Elections and Making Returns Article of the Election Code. Provides that in the case of an emergency or if the State Board of Elections determines that all potential polling places have been surveyed by the election authority and that no accessible polling place is available within a precinct nor is the election authority able to make a polling place within the precinct temporarily accessible, the Board is authorized to grant an exemption from the voting accessibility requirements under specified federal law. Provides that any voter with a temporary or permanent disability who is unable to access or enter the polling place may request that 2 judges of election of opposite party affiliation deliver a ballot to him or her at the point where he or she is unable to continue forward motion toward the polling place. Provides that a ballot shall not be delivered to the voter beyond 50 feet of the entrance to the building in which the polling place is located. Makes other changes.


LRB103 30117 BMS 56541 b

 

 

A BILL FOR

 

HB3969LRB103 30117 BMS 56541 b

1    AN ACT concerning regulation.
 
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 17-13.5 as follows:
 
6    (10 ILCS 5/17-13.5)
7    Sec. 17-13.5. Curbside voting.
8    (a) Election authorities may establish curbside voting for
9individuals to cast a ballot during early voting or on
10election day. An election authority's curbside voting program
11shall designate at least 2 election judges from opposite
12parties per vehicle, and the individual shall have the
13opportunity to mark the ballot without interference from the
14election judges.
15    After the voter has marked his or her ballot and placed it
16in the ballot envelope (or folded it in the manner prescribed
17for paper ballots), the 2 judges of election shall return the
18ballot to the polling place and give it to the judge in charge
19of the ballot box who shall deposit it therein.
20    Pollwatchers as provided in Sections 7-34 and 17-23 shall
21be permitted to accompany the judges and observe the above
22procedure.
23    No assistance may be given to such voter in marking his or

 

 

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1her ballot, unless the voter requests assistance and completes
2the affidavit required by Section 17-14.
3    (b) In the case of an emergency, as determined by the State
4Board of Elections, or if the Board determines that all
5potential polling places have been surveyed by the election
6authority and that no accessible polling place, as defined by
7rule of the State Board of Elections, is available within a
8precinct nor is the election authority able to make a polling
9place within the precinct temporarily accessible, the Board,
10upon written application by the election authority, is
11authorized to grant an exemption from the accessibility
12requirements of the federal Voting Accessibility for the
13Elderly and Handicapped Act of 1984 (Public Law 98-435). Such
14exemption shall be valid for a period of 2 years.
15    (c) Any voter with a temporary or permanent disability
16who, because of structural features of the building in which
17the polling place is located, is unable to access or enter the
18polling place may request that 2 judges of election of
19opposite party affiliation deliver a ballot to him or her at
20the point where he or she is unable to continue forward motion
21toward the polling place; but in no case shall a ballot be
22delivered to the voter beyond 50 feet of the entrance to the
23building in which the polling place is located. Such request
24shall be made to the election authority not later than the
25close of business at the election authority's office on the
26day before the election and on a form prescribed by the State

 

 

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1Board of Elections. The election authority shall notify the
2judges of election for the appropriate precinct polling places
3of such requests.
4    Weather permitting, 2 judges of election shall deliver to
5the voter with a disability the ballot with which the voter
6with a disability is entitled to vote, a portable voting booth
7or other enclosure that will allow such voter to mark the
8ballot in secrecy, and a marking device.
9    (d) The voter must complete the entire voting process,
10including the application for ballot from which the judges of
11election shall compare the voter's signature with the
12signature on the voter's registration record card in the
13precinct binder.
14(Source: P.A. 102-15, eff. 6-17-21.)