Full Text of SB1637 101st General Assembly
SB1637 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1637 Introduced 2/15/2019, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/1-3 | from Ch. 46, par. 1-3 |
10 ILCS 5/19-4 |
from Ch. 46, par. 19-4 |
10 ILCS 5/20-4 |
from Ch. 46, par. 20-4 |
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Amends the Election Code. Provides that an election authority shall provide a trackable return envelope to return a vote by mail ballot, including absentee ballots for voters in military or naval service. Requires each election authority to provide online access to the vote by mail ballot list and corresponding dates to when the ballot was requested, received, and returned to the election authority and to update the online vote by mail status list daily. 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 1-3, 19-4, and 20-4 as follows:
| 6 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| 7 | | Sec. 1-3. As used in this Act, unless the context otherwise | 8 | | requires:
| 9 | | 1. "Election" includes the submission of all questions of | 10 | | public
policy, propositions, and all measures submitted to | 11 | | popular vote, and
includes primary elections when so indicated | 12 | | by the context.
| 13 | | 2. "Regular election" means the general, general primary,
| 14 | | consolidated and consolidated primary elections regularly | 15 | | scheduled in Article
2A. The even numbered year municipal | 16 | | primary established in Article 2A is
a regular election only | 17 | | with respect to those municipalities in which a
primary is | 18 | | required to be held on such date.
| 19 | | 3. "Special election" means an election not regularly | 20 | | recurring at fixed
intervals, irrespective of whether it is | 21 | | held at the same time and place and by
the same election | 22 | | officers as a regular election.
| 23 | | 4. "General election" means the biennial election at which |
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| 1 | | members of
the General Assembly are elected. "General primary | 2 | | election", "consolidated election" and "consolidated primary | 3 | | election" mean
the respective elections or the election dates | 4 | | designated and established
in Article 2A of this Code.
| 5 | | 5. "Municipal election" means an election or primary, | 6 | | either regular
or special, in cities, villages, and | 7 | | incorporated towns; and "municipality"
means any such city, | 8 | | village or incorporated town.
| 9 | | 6. "Political or governmental subdivision" means any unit | 10 | | of local
government, or school district in which elections are | 11 | | or may be held.
"Political or governmental subdivision" also | 12 | | includes, for election purposes,
Regional Boards of School | 13 | | Trustees, and Township Boards of School Trustees.
| 14 | | 7. The word "township" and the word "town" shall apply
| 15 | | interchangeably to the type of governmental organization | 16 | | established in
accordance with the provisions of the Township | 17 | | Code. The term
"incorporated town" shall mean a municipality | 18 | | referred to as an
incorporated town in the Illinois Municipal | 19 | | Code, as now or hereafter
amended.
| 20 | | 8. "Election authority" means a county clerk or a Board of | 21 | | Election
Commissioners.
| 22 | | 9. "Election Jurisdiction" means (a) an entire county, in | 23 | | the case of
a county in which no city board of election | 24 | | commissioners is located or
which is under the jurisdiction of | 25 | | a county board of election commissioners;
(b) the territorial | 26 | | jurisdiction of a city board of election commissioners;
and (c) |
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| 1 | | the territory in a county outside of the jurisdiction of a city
| 2 | | board of election commissioners. In each instance election | 3 | | jurisdiction
shall be determined according to which election | 4 | | authority maintains the
permanent registration records of | 5 | | qualified electors.
| 6 | | 10. "Local election official" means the clerk or secretary | 7 | | of a unit
of local government or school district, as the case | 8 | | may be, the treasurer
of a township board of school trustees, | 9 | | and the regional superintendent
of schools with respect to the | 10 | | various school officer elections and school
referenda for which | 11 | | the regional superintendent is assigned election duties
by The | 12 | | School Code, as now or hereafter amended.
| 13 | | 11. "Judges of election", "primary judges" and similar | 14 | | terms, as
applied to cases where there are 2 sets of judges, | 15 | | when used in
connection with duties at an election during the | 16 | | hours the polls are
open, refer to the team of judges of | 17 | | election on duty during such hours;
and, when used with | 18 | | reference to duties after the closing of the polls,
refer to | 19 | | the team of tally judges designated to count the vote after the
| 20 | | closing of the polls and the holdover judges designated | 21 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | 22 | | after the closing of the
polls, any act is required to be | 23 | | performed by each of the judges of
election, it shall be | 24 | | performed by each of the tally judges and by each
of the | 25 | | holdover judges.
| 26 | | 12. "Petition" of candidacy as used in Sections 7-10 and |
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| 1 | | 7-10.1
shall consist of a statement of candidacy, candidate's | 2 | | statement
containing oath, and sheets containing signatures of | 3 | | qualified primary
electors bound together.
| 4 | | 13. "Election district" and "precinct", when used with | 5 | | reference to
a 30-day residence requirement, means the smallest | 6 | | constituent territory
in which electors vote as a unit at the | 7 | | same polling place in any
election governed by this Act.
| 8 | | 14. "District" means any area which votes as a unit for the | 9 | | election of
any officer, other than the State or a unit of | 10 | | local government or school
district, and includes, but is not | 11 | | limited to, legislative, congressional
and judicial districts, | 12 | | judicial circuits, county board districts,
municipal and | 13 | | sanitary district wards, school board districts, and | 14 | | precincts.
| 15 | | 15. "Question of public policy" or "public question"
means | 16 | | any question, proposition or measure submitted to the voters at | 17 | | an
election dealing with subject matter other than the | 18 | | nomination or election
of candidates and shall include, but is | 19 | | not limited to, any bond or tax
referendum, and questions | 20 | | relating to the Constitution.
| 21 | | 16. "Ordinance providing the form of government of a | 22 | | municipality
or county pursuant to Article VII of the | 23 | | Constitution" includes ordinances,
resolutions and petitions | 24 | | adopted by referendum which provide for the form
of government, | 25 | | the officers or the manner of selection or terms of office
of | 26 | | officers of such municipality or county, pursuant to the |
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| 1 | | provisions of
Sections 4, 6 or 7 of Article VII of the | 2 | | Constitution.
| 3 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | 4 | | 6-60, and 6-66
shall include a computer tape or computer disc | 5 | | or other electronic data
processing information containing | 6 | | voter information.
| 7 | | 18. "Accessible" means accessible to persons with | 8 | | disabilities and elderly
individuals for the purpose of voting | 9 | | or registration, as determined by
rule of the State Board of | 10 | | Elections.
| 11 | | 19. "Elderly" means 65 years of age or older.
| 12 | | 20. "Person with a disability" means a person having a | 13 | | temporary or permanent physical disability.
| 14 | | 21. "Leading political party" means one of the two | 15 | | political parties
whose candidates for governor at the most | 16 | | recent three gubernatorial
elections received either the | 17 | | highest or second highest average number of
votes. The | 18 | | political party whose candidates for governor received the
| 19 | | highest average number of votes shall be known as the first | 20 | | leading
political party and the political party whose | 21 | | candidates for governor
received the second highest average | 22 | | number of votes shall be known as the
second leading political | 23 | | party.
| 24 | | 22. "Business day" means any day in which the office of an | 25 | | election
authority, local election official or the State Board | 26 | | of Elections is open
to the public for a minimum of 7 hours.
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| 1 | | 23. "Homeless individual" means any person who has a | 2 | | nontraditional
residence, including, but not limited to, a | 3 | | shelter, day shelter, park
bench, street corner, or space under | 4 | | a bridge.
| 5 | | 24. "Signature" means a name signed in ink or in digitized | 6 | | form. This definition does not apply to a nominating or | 7 | | candidate petition or a referendum petition. | 8 | | 25. "Intelligent mail barcode tracking system" means a | 9 | | printed trackable barcode attached to the return business reply | 10 | | envelope for mail-in ballots under Article 19 or Article 20 | 11 | | that allows an election authority to determine the date the | 12 | | envelope was mailed in absence of a postmark. | 13 | | 26. "Trackable" means using an intelligent mail barcode | 14 | | tracking system. | 15 | | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
| 16 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 17 | | Sec. 19-4. Mailing or delivery of ballots; time. | 18 | | Immediately upon
the receipt of such application either by mail | 19 | | or electronic means, not more than 90 days
nor less than 5 days | 20 | | prior to such election, or by personal delivery not
more than | 21 | | 90 days nor less than one day prior to such election, at the
| 22 | | office of such election authority, it shall be the duty of such | 23 | | election
authority to examine the records to ascertain whether | 24 | | or not such
applicant is lawfully entitled to vote as
| 25 | | requested, including a verification of the applicant's |
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| 1 | | signature by comparison with the signature on the official | 2 | | registration record card, and if found so to be entitled to | 3 | | vote, to post within one business day thereafter
the name, | 4 | | street address,
ward and precinct number or township and | 5 | | district number, as the case may be,
of such applicant given on | 6 | | a list, the pages of which are to be numbered
consecutively to | 7 | | be kept by such election authority for such purpose in a
| 8 | | conspicuous, open and public place accessible to the public at | 9 | | the entrance of
the office of such election authority, and in | 10 | | such a manner that such list may
be viewed without necessity of | 11 | | requesting permission therefor. Within one
day after posting | 12 | | the name and other information of an applicant for a vote by | 13 | | mail
ballot, the election authority shall transmit by | 14 | | electronic means pursuant to a process established by the State | 15 | | Board of Elections that name and other
posted information to | 16 | | the State Board of Elections, which shall maintain those
names | 17 | | and other information in an electronic format on its website, | 18 | | arranged by
county and accessible to State and local political | 19 | | committees. Within 2
business days after posting a name and | 20 | | other information on the list within
its
office, but no sooner | 21 | | than 40 days before an election, the election authority shall | 22 | | mail,
postage prepaid and trackable , or deliver in person in | 23 | | such office an official ballot
or ballots if more than one are | 24 | | to be voted at said election. Included with the ballot or | 25 | | ballots, the election authority shall also mail return | 26 | | envelopes, postage prepaid and trackable, or deliver in person |
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| 1 | | in such office a return envelope or envelopes if more than one | 2 | | are needed at said election. Mail delivery
of Temporarily | 3 | | Absent Student ballot applications pursuant to Section
19-12.3 | 4 | | shall be by nonforwardable mail. However,
for the consolidated | 5 | | election, vote by mail ballots for certain precincts may
be | 6 | | delivered to applicants not less than 25 days before the | 7 | | election if
so much time is required to have prepared and | 8 | | printed the ballots containing
the names of persons nominated | 9 | | for offices at the consolidated primary.
The election authority | 10 | | shall enclose with each vote by mail ballot or
application | 11 | | written instructions on how voting assistance shall be provided
| 12 | | pursuant to Section 17-14 and a document, written and approved | 13 | | by the State
Board of Elections, informing the vote by mail | 14 | | voter of the required postage for returning the application and | 15 | | ballot, and
enumerating
the circumstances under which a person | 16 | | is authorized to vote by vote by mail
ballot pursuant to this | 17 | | Article; such document shall also include a
statement informing | 18 | | the applicant that if he or she falsifies or is
solicited by | 19 | | another to falsify his or her
eligibility to cast a vote by | 20 | | mail ballot, such applicant or other is subject
to
penalties | 21 | | pursuant to Section 29-10 and Section 29-20 of the Election | 22 | | Code.
Each election authority shall maintain a list of the | 23 | | name, street address,
ward and
precinct, or township and | 24 | | district number, as the case may be, of all
applicants who have | 25 | | requested, received, or returned vote by mail ballots to such | 26 | | authority, and the name of such vote by mail voter shall be |
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| 1 | | added to such list
within one business day from receipt of such | 2 | | ballot. Each election authority shall provide online access to | 3 | | the vote by mail ballot list and corresponding dates to when | 4 | | the ballot was requested, received, and returned to the | 5 | | election authority. This online vote by mail status list shall | 6 | | be updated by the election authority daily.
If the vote by mail | 7 | | ballot envelope indicates that the voter was assisted in
| 8 | | casting the ballot, the name of the person so assisting shall | 9 | | be included on
the list. The list, the pages of which are to be | 10 | | numbered consecutively,
shall be kept by each election | 11 | | authority in a conspicuous, open, and public
place accessible | 12 | | to the public at the entrance of the office of the election
| 13 | | authority and in a manner that the list may be viewed without | 14 | | necessity of
requesting permission for viewing in addition to | 15 | | being available on the election authority's website .
| 16 | | Each election authority shall maintain a list for each | 17 | | election
of the
voters to whom it has issued vote by mail | 18 | | ballots. The list shall be
maintained for each precinct within | 19 | | the jurisdiction of the election
authority. Prior to the | 20 | | opening of the polls on election day, the
election authority | 21 | | shall deliver to the judges of election in each
precinct the | 22 | | list of registered voters in that precinct to whom vote by mail
| 23 | | ballots have been issued by mail.
| 24 | | Each election authority shall maintain a list for each | 25 | | election of
voters to whom it has issued temporarily absent | 26 | | student ballots. The list
shall be maintained for each election |
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| 1 | | jurisdiction within which such voters
temporarily abide. | 2 | | Immediately after the close of the period during which
| 3 | | application may be made by mail or electronic means for vote by | 4 | | mail ballots, each election
authority shall mail to each other | 5 | | election authority within the State a
certified list of all | 6 | | such voters temporarily abiding within the
jurisdiction of the | 7 | | other election authority.
| 8 | | In the event that the return address of an
application for | 9 | | ballot by a physically incapacitated elector
is that of a | 10 | | facility licensed or certified under the Nursing Home Care
Act, | 11 | | the Specialized Mental Health Rehabilitation Act of 2013, the | 12 | | ID/DD Community Care Act, or the MC/DD Act, within the | 13 | | jurisdiction of the election authority, and the applicant
is a | 14 | | registered voter in the precinct in which such facility is | 15 | | located,
the ballots shall be prepared and transmitted to a | 16 | | responsible judge of
election no later than 9 a.m. on the | 17 | | Friday, Saturday, Sunday, or Monday immediately
preceding the | 18 | | election as designated by the election authority under
Section | 19 | | 19-12.2. Such judge shall deliver in person on the designated | 20 | | day
the ballot to the applicant on the premises of the facility | 21 | | from which
application was made. The election authority shall | 22 | | by mail notify the
applicant in such facility that the ballot | 23 | | will be delivered by a judge of
election on the designated day.
| 24 | | All applications for vote by mail ballots shall be | 25 | | available at the office
of the election authority for public | 26 | | inspection upon request from the
time of receipt thereof by the |
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| 1 | | election authority until 30 days after the
election, except | 2 | | during the time such applications are kept in the
office of the | 3 | | election authority pursuant to Section 19-7, and except during
| 4 | | the time such applications are in the possession of the judges | 5 | | of election.
| 6 | | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | 7 | | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | 8 | | 7-29-15; 99-522, eff. 6-30-16.)
| 9 | | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| 10 | | Sec. 20-4. Immediately upon the receipt of the official | 11 | | postcard or
an application as provided in Section 20-3 within | 12 | | the times heretofore
prescribed, the election authority shall | 13 | | ascertain whether or not such
applicant is legally entitled to | 14 | | vote as requested, including verification of the applicant's | 15 | | signature by comparison with the signature on the official | 16 | | registration record card, if any. If the election
authority | 17 | | ascertains that the applicant
is lawfully entitled to vote, it | 18 | | shall enter the name, street address,
ward and precinct number | 19 | | of such applicant on a list to be posted in his
or its office in | 20 | | a place accessible to the public.
Within one day after posting | 21 | | the name and other information of an
applicant for a ballot, | 22 | | the election authority shall transmit that name and
posted | 23 | | information to the State Board of Elections, which shall | 24 | | maintain the
names and other information in an electronic | 25 | | format on its website, arranged by
county and accessible to |
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| 1 | | State and local political committees. Each election authority | 2 | | shall provide online access to the vote by mail ballot list and | 3 | | corresponding dates to when the ballot was requested, received, | 4 | | and returned to the election authority. This online vote by | 5 | | mail status list shall be updated by the election authority | 6 | | daily.
As soon as the
official ballot is prepared the election | 7 | | authority shall immediately
deliver the same to the applicant | 8 | | in person, by mail, by facsimile transmission, or by electronic | 9 | | transmission as provided in this Article. Included with the | 10 | | ballot or ballots, the election authority shall also mail | 11 | | return envelopes, postage prepaid and trackable, or deliver in | 12 | | person in such office a return envelope or envelopes if more | 13 | | than one are needed at said election.
| 14 | | If any such election authority receives a second or | 15 | | additional
application which it believes is from the same | 16 | | person, he or it shall
submit it to the chief judge of the | 17 | | circuit court or any judge of that
court designated by the | 18 | | chief judge. If the chief judge or his designate
determines | 19 | | that the application submitted to him is a second or
additional | 20 | | one, he shall so notify the election authority who shall
| 21 | | disregard the second or additional application.
| 22 | | The election authority shall maintain a list for each | 23 | | election of the
voters to whom it has issued vote by mail | 24 | | ballots. The list
shall be maintained for each precinct within | 25 | | the jurisdiction of the
election authority. Prior to the | 26 | | opening of the polls on election day,
the election authority |
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| 1 | | shall deliver to the judges of election in each
precinct the | 2 | | list of registered voters in that precinct to whom vote by mail
| 3 | | ballots have been issued.
| 4 | | Election authorities may transmit by facsimile or other | 5 | | electronic means a ballot simultaneously with transmitting an | 6 | | application for vote by mail ballot; however, no such ballot | 7 | | shall be counted unless an application has been completed by | 8 | | the voter and the election authority ascertains that the | 9 | | applicant is lawfully entitled to vote as provided in this | 10 | | Section. | 11 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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