97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1675

 

Introduced , by Rep. Elaine Nekritz

 

SYNOPSIS AS INTRODUCED:
 
New Act
10 ILCS 5/1-25 new

    Creates the Uniform Military and Overseas Voters Act, promulgated by the National Conference of Commissioners on Uniform State Laws. Amends the Election Code to make it subject to the Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. SHORT TITLE. This Act may be cited as the
5Uniform Military and Overseas Voters Act.
 
6    Section 2. DEFINITIONS. In this Act:
7    (1) "Covered voter" means:
8        (A) a uniformed-service voter or an overseas voter who
9    is registered to vote in this state;
10        (B) a uniformed-service voter defined in paragraph
11    (9)(A) whose voting residence is in this state and who
12    otherwise satisfies this state's voter eligibility
13    requirements;
14        (C) an overseas voter who, before leaving the United
15    States, was last eligible to vote in this state and, except
16    for a state residency requirement, otherwise satisfies
17    this state's voter eligibility requirements;
18        (D) an overseas voter who, before leaving the United
19    States, would have been last eligible to vote in this state
20    had the voter then been of voting age and, except for a
21    state residency requirement, otherwise satisfies this
22    state's voter eligibility requirements; or
23        (E) an overseas voter who was born outside the United

 

 

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1    States, is not described in subparagraph (C) or (D), and,
2    except for a state residency requirement, otherwise
3    satisfies this state's voter eligibility requirements, if:
4            (i) the last place where a parent or legal guardian
5        of the voter was, or under this Act would have been,
6        eligible to vote before leaving the United States is
7        within this state; and
8            (ii) the voter has not previously registered to
9        vote in any other state.
10    (2) "Dependent" means an individual recognized as a
11dependent by a uniformed service.
12    (3) "Federal postcard application" means the application
13prescribed under Section 101(b)(2) of the Uniformed and
14Overseas Citizens Absentee Voting Act, 42 U.S.C. Section
151973ff(b)(2).
16    (4) "Federal write-in absentee ballot" means the ballot
17described in Section 103 of the Uniformed and Overseas Citizens
18Absentee Voting Act, 42 U.S.C. Section 1973ff-2.
19    (5) "Military-overseas ballot" means:
20        (A) a federal write-in absentee ballot;
21        (B) a ballot specifically prepared or distributed for
22    use by a covered voter in accordance with this Act; or
23        (C) a ballot cast by a covered voter in accordance with
24    this Act.
25    (6) "Overseas voter" means a United States citizen who is
26outside the United States.

 

 

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1    (7) "State" means a state of the United States, the
2District of Columbia, Puerto Rico, the United States Virgin
3Islands, or any territory or insular possession subject to the
4jurisdiction of the United States.
5    (8) "Uniformed service" means:
6        (A) active and reserve components of the Army, Navy,
7    Air Force, Marine Corps, or Coast Guard of the United
8    States;
9        (B) the Merchant Marine, the commissioned corps of the
10    Public Health Service, or the commissioned corps of the
11    National Oceanic and Atmospheric Administration of the
12    United States; or
13        (C) the National Guard and state militia.
14    (9) "Uniformed-service voter" means an individual who is
15qualified to vote and is:
16        (A) a member of the active or reserve components of the
17    Army, Navy, Air Force, Marine Corps, or Coast Guard of the
18    United States who is on active duty;
19        (B) a member of the Merchant Marine, the commissioned
20    corps of the Public Health Service, or the commissioned
21    corps of the National Oceanic and Atmospheric
22    Administration of the United States;
23        (C) a member on activated status of the National Guard
24    or state militia; or
25        (D) a spouse or dependent of a member referred to in
26    this paragraph.

 

 

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1    (10) "United States", used in the territorial sense, means
2the several states, the District of Columbia, Puerto Rico, the
3United States Virgin Islands, and any territory or insular
4possession subject to the jurisdiction of the United States.
 
5    Section 3. ELECTIONS COVERED. The voting procedures in this
6Act apply to:
7    (1) a general, special, or primary election for federal
8office;
9    (2) a general, special, recall, or primary election for
10statewide or state legislative office or state ballot measure;
11and
12    (3) a general, consolidated, special, or primary election
13for local government office or local ballot measure conducted
14under state law for which absentee voting or voting by mail is
15available for other voters.
 
16    Section 4. ROLE OF STATE BOARD OF ELECTIONS.
17    (a) The State Board of Elections is the state entity
18responsible for implementing this Act and the state's
19responsibilities under the Uniformed and Overseas Citizens
20Absentee Voting Act, 42 U.S.C. Section 1973ff et seq.
21    (b) The State Board of Elections shall make available to
22covered voters information regarding voter registration
23procedures for covered voters and procedures for casting
24military-overseas ballots. The State Board of Elections may

 

 

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1delegate the responsibility under this subsection only to the
2state office designated in compliance with Section 102(b)(1) of
3the Uniformed and Overseas Citizens Absentee Voting Act, 42
4U.S.C. Section 1973ff-1(b)(1).
5    (c) The State Board of Elections shall establish an
6electronic transmission system through which a covered voter
7may apply for and receive voter registration materials,
8military-overseas ballots, and other information under this
9Act.
10    (d) The State Board of Elections shall:
11        (1) develop standardized absentee-voting materials,
12    including privacy and transmission envelopes and their
13    electronic equivalents, authentication materials, and
14    voting instructions, to be used with the military-overseas
15    ballot of a voter authorized to vote in any jurisdiction in
16    this state; and
17        (2) to the extent reasonably possible, coordinate with
18    other states to carry out this subsection.
19    (e) The State Board of Elections shall prescribe the form
20and content of a declaration for use by a covered voter to
21swear or affirm specific representations pertaining to the
22voter's identity, eligibility to vote, status as a covered
23voter, and timely and proper completion of an overseas-military
24ballot. The declaration must be based on the declaration
25prescribed to accompany a federal write-in absentee ballot, as
26modified to be consistent with this Act. The State Board of

 

 

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1Elections shall ensure that a form for the execution of the
2declaration, including an indication of the date of execution
3of the declaration, is a prominent part of all balloting
4materials for which the declaration is required.
 
5    Section 5. OVERSEAS VOTER'S REGISTRATION ADDRESS. In
6registering to vote, an overseas voter who is eligible to vote
7in this state shall use and must be assigned to the voting
8precinct or ward of the address of the last place of residence
9of the voter in this state, or, in the case of a voter
10described by Section 2(1)(E), the address of the last place of
11residence in this state of the parent or legal guardian of the
12voter. If that address is no longer a recognized residential
13address, the voter must be assigned an address for voting
14purposes.
 
15    Section 6. METHODS OF REGISTERING TO VOTE.
16    (a) To apply to register to vote, in addition to any other
17approved method, a covered voter may use a federal postcard
18application, or the application's electronic equivalent.
19    (b) A covered voter may use the declaration accompanying a
20federal write-in absentee ballot to apply to register to vote
21simultaneously with the submission of the federal write-in
22absentee ballot, if the declaration is received within the time
23limited under the Election Code. If the declaration is received
24after that date, it must be treated as an application to

 

 

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1register to vote for subsequent elections.
2    (c) The State Board of Elections shall ensure that the
3electronic transmission system described in Section 4(c) is
4capable of accepting both a federal postcard application and
5any other approved electronic registration application sent to
6the appropriate election official. The voter may use the
7electronic transmission system or any other approved method to
8register to vote.
 
9    Section 7. METHODS OF APPLYING FOR MILITARY-OVERSEAS
10BALLOT.
11    (a) A covered voter who is registered to vote in this state
12may apply for a military-overseas ballot using either the
13regular absentee ballot application in use in the voter's
14jurisdiction under the Election Code or the federal postcard
15application or the application's electronic equivalent.
16    (b) A covered voter who is not registered to vote in this
17state may use a federal postcard application or the
18application's electronic equivalent to apply simultaneously to
19register to vote under Section 6 and for a military-overseas
20ballot.
21    (c) The State Board of Elections shall ensure that the
22electronic transmission system described in Section 4(c) is
23capable of accepting the submission of both a federal postcard
24application and any other approved electronic
25military-overseas ballot application sent to the appropriate

 

 

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1election official. The voter may use the electronic
2transmission system or any other approved method to apply for a
3military-overseas ballot.
4    (d) A covered voter may use the declaration accompanying a
5federal write-in absentee ballot as an application for a
6military-overseas ballot simultaneously with the submission of
7the federal write-in absentee ballot, if the declaration is
8received by the appropriate election official within the time
9limited under the Election Code as the last day for other
10voters in this state to apply for an absentee ballot for that
11election.
12    (e) To receive the benefits of this Act, a covered voter
13must inform the appropriate election official that the voter is
14a covered voter. Methods of informing the appropriate election
15official that a voter is a covered voter include:
16        (1) the use of a federal postcard application or
17    federal write-in absentee ballot;
18        (2) the use of an overseas address on an approved voter
19    registration application or ballot application; and
20        (3) the inclusion on an approved voter registration
21    application or ballot application of other information
22    sufficient to identify the voter as a covered voter.
23    (f) This Act does not preclude a covered voter from voting
24under Illinois law on regular absentee voting.
 
25    Section 8. TIMELINESS AND SCOPE OF APPLICATION FOR

 

 

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1MILITARY-OVERSEAS BALLOT. An application for a
2military-overseas ballot is timely if received within the time
3limited by the Election Code as the last day for other voters
4in this state to apply for an absentee ballot for that
5election. An application for a military-overseas ballot for a
6primary election, whether or not timely, is effective as an
7application for a military-overseas ballot for the general
8election.
 
9    Section 9. TRANSMISSION OF UNVOTED BALLOTS.
10    (a) For an election described in Section 3 for which this
11state has not received a waiver pursuant to Section 579 of the
12Military and Overseas Voter Empowerment Act, 42 U.S.C.
131973ff-1(g)(2), not later than 45 days before the election or,
14if the 45th day before the election is a weekend or holiday,
15not later than the business day preceding the 45th day, the
16election official in each jurisdiction charged with
17distributing a ballot and balloting materials shall transmit a
18ballot and balloting materials to all covered voters who by
19that date submit a valid military-overseas ballot application.
20    (b) A covered voter who requests that a ballot and
21balloting materials be sent to the voter by electronic
22transmission may choose facsimile transmission or electronic
23mail delivery, or, if offered by the voter's jurisdiction,
24Internet delivery. The election official in each jurisdiction
25charged with distributing a ballot and balloting materials

 

 

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1shall transmit the ballot and balloting materials to the voter
2using the means of transmission chosen by the voter.
3    (c) If a ballot application from a covered voter arrives
4after the jurisdiction begins transmitting ballots and
5balloting materials to voters, the official charged with
6distributing a ballot and balloting materials shall transmit
7them to the voter not later than two business days after the
8application arrives.
 
9    Section 10. TIMELY CASTING OF BALLOT. To be valid, a
10military-overseas ballot must be received by the appropriate
11local election official not later than the close of the polls,
12or the voter must submit the ballot for mailing or other
13authorized means of delivery not later than 12:01 a.m., at the
14place where the voter completes the ballot, on the date of the
15election.
 
16    Section 11. FEDERAL WRITE-IN ABSENTEE BALLOT. A covered
17voter may use a federal write-in absentee ballot to vote for
18all offices and ballot measures in an election described in
19Section 3.
 
20    Section 12. RECEIPT OF VOTED BALLOT.
21    (a) A valid military-overseas ballot cast in accordance
22with Section 10 must be counted if it is delivered by the end
23of business on the business day before [the latest deadline for

 

 

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1completing the county canvass or other local tabulation used to
2determine the final official results] to the address that the
3appropriate state or local election office has specified.
4    (b) If, at the time of completing a military-overseas
5ballot and balloting materials, the voter has declared under
6penalty of perjury that the ballot was timely submitted, the
7ballot may not be rejected on the basis that it has a late
8postmark, an unreadable postmark, or no postmark.
 
9    Section 13. DECLARATION. A military-overseas ballot must
10include or be accompanied by a declaration signed by the voter
11that a material misstatement of fact in completing the ballot
12may be grounds for a conviction of perjury under the laws of
13the United States or this state.
 
14    Section 14. CONFIRMATION OF RECEIPT OF APPLICATION AND
15VOTED BALLOT. The State Board of Elections, in coordination
16with local election officials, shall implement an electronic
17free-access system by which a covered voter may determine by
18telephone, electronic mail, or Internet whether:
19    (1) the voter's federal postcard application or other
20registration or military-overseas ballot application has been
21received and accepted; and
22    (2) the voter's military-overseas ballot has been received
23and the current status of the ballot.
 

 

 

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1    Section 15. USE OF VOTER'S ELECTRONIC-MAIL ADDRESS.
2    (a) The local election official shall request an
3electronic-mail address from each covered voter who registers
4to vote after the effective date of this Act. An
5electronic-mail address provided by a covered voter may not be
6made available to the public or any individual or organization
7other than an authorized agent of the local election official
8and is exempt from disclosure under the public records laws of
9this state. The address may be used only for official
10communication with the voter about the voting process,
11including transmitting military-overseas ballots and election
12materials if the voter has requested electronic transmission,
13and verifying the voter's mailing address and physical
14location. The request for an electronic-mail address must
15describe the purposes for which the electronic-mail address may
16be used and include a statement that any other use or
17disclosure of the electronic-mail address is prohibited.
18    (b) A covered voter who provides an electronic-mail address
19may request that the voter's application for a
20military-overseas ballot be considered a standing request for
21electronic delivery of a ballot for all elections held through
22December 31 of the year following the calendar year of the date
23of the application or another shorter period the voter
24specifies. An election official shall provide a
25military-overseas ballot to a voter who makes a standing
26request for each election to which the request is applicable. A

 

 

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1covered voter who is entitled to receive a military-overseas
2ballot for a primary election under this subsection is entitled
3to receive a military-overseas ballot for the general election.
 
4    Section 16. PUBLICATION OF ELECTION NOTICE.
5     (a) At least 100 days before a regularly scheduled
6election and as soon as practicable before an election not
7regularly scheduled, an official in each jurisdiction charged
8with printing and distributing ballots and balloting material
9shall prepare an election notice for that jurisdiction, to be
10used in conjunction with a federal write-in absentee ballot.
11The election notice must contain a list of all of the ballot
12measures and federal, state, and local offices that as of that
13date the official expects to be on the ballot on the date of
14the election. The notice also must contain specific
15instructions for how a voter is to indicate on the federal
16write-in absentee ballot the voter's choice for each office to
17be filled and for each ballot measure to be contested.
18    (b) A covered voter may request a copy of an election
19notice. The official charged with preparing the election notice
20shall send the notice to the voter by facsimile, electronic
21mail, or regular mail, as the voter requests.
22    (c) As soon as ballots are certified, and not later than
23the date ballots are required to be transmitted to voters under
24the Election Code, the official charged with preparing the
25election notice under subsection (a) shall update the notice

 

 

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1with the certified candidates for each office and ballot
2measure questions and make the updated notice publicly
3available.
4    (d) A local election jurisdiction that maintains an
5Internet website shall make the election notice prepared under
6subsection (a) and updated versions of the election notice
7regularly available on the website.
 
8    Section 17. PROHIBITION OF NONSUBSTANTIVE REQUIREMENTS.
9     (a) If a voter's mistake or omission in the completion of
10a document under this Act does not prevent determining whether
11a covered voter is eligible to vote, the mistake or omission
12does not invalidate the document. Failure to satisfy a
13nonsubstantive requirement, such as using paper or envelopes of
14a specified size or weight, does not invalidate a document
15submitted under this Act. In a write-in ballot authorized by
16this Act or in a vote for a write-in candidate on a regular
17ballot, if the intention of the voter is discernable under this
18state's uniform definition of what constitutes a vote, an
19abbreviation, misspelling, or other minor variation in the form
20of the name of a candidate or a political party must be
21accepted as a valid vote.
22    (b) Notarization is not required for the execution of a
23document under this Act. An authentication, other than the
24declaration specified in Section 13 or the declaration on the
25federal postcard application and federal write-in absentee

 

 

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1ballot, is not required for execution of a document under this
2Act. The declaration and any information in the declaration may
3be compared with information on file to ascertain the validity
4of the document.
 
5    Section 18. EQUITABLE RELIEF. A court may issue an
6injunction or grant other equitable relief appropriate to
7ensure substantial compliance with, or enforce, this Act on
8application by:
9    (1) a covered voter alleging a grievance under this Act; or
10    (2) an election official in this state.
 
11    Section 19. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In
12applying and construing this uniform act, consideration must be
13given to the need to promote uniformity of the law with respect
14to its subject matter among states that enact it.
 
15    Section 20. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND
16NATIONAL COMMERCE ACT. This Act modifies, limits, and
17supersedes the Electronic Signatures in Global and National
18Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
19modify, limit, or supersede Section 101(c) of that act, 15
20U.S.C. Section 7001(c), or authorize electronic delivery of any
21of the notices described in Section 103(b) of that act, 15
22U.S.C. Section 7003(b).
 

 

 

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1    Section 95. The Election Code is amended by adding Section
21-25 as follows:
 
3    (10 ILCS 5/1-25 new)
4    Sec. 1-25. Uniform Military and Overseas Voters Act. This
5Code is subject to the Uniform Military and Overseas Voters
6Act. In the case of a conflict between this Code and that Act,
7that Act controls.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.