Full Text of HB1871 102nd General Assembly
HB1871enr 102ND GENERAL ASSEMBLY |
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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 1A-55, 17-13, and 19-6 as follows: | 6 | | (10 ILCS 5/1A-55) | 7 | | (Text of Section from P.A. 100-587) | 8 | | Sec. 1A-55. Cyber security efforts. The State Board of | 9 | | Elections shall provide by rule, after at least 2 public | 10 | | hearings of the Board and in consultation with the election | 11 | | authorities, a Cyber Navigator Program to support the efforts | 12 | | of election authorities to defend against cyber breaches and | 13 | | detect and recover from cyber attacks. The rules shall include | 14 | | the Board's plan to allocate any resources received in | 15 | | accordance with the Help America Vote Act and provide that no | 16 | | less than half of any such funds received shall be allocated to | 17 | | the Cyber Navigator Program. The Cyber Navigator Program | 18 | | should be designed to provide equal support to all election | 19 | | authorities, with allowable modifications based on need. The | 20 | | remaining half of the Help America Vote Act funds shall be | 21 | | distributed as the State Board of Elections may determine, but | 22 | | no grants may be made to election authorities that do not | 23 | | participate in the Cyber Navigator Program. |
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| 1 | | In distribution of the remaining funds received under the | 2 | | federal Help America Vote Act, the Board may make such funds | 3 | | available to election authorities for the maintenance of | 4 | | secure collection sites for the return of vote by mail | 5 | | ballots.
| 6 | | (Source: P.A. 100-587, eff. 6-4-18.) | 7 | | (Text of Section from P.A. 100-623) | 8 | | Sec. 1A-55. Cyber security efforts. The Board shall adopt | 9 | | rules, after at least 2 public hearings of the Board and in | 10 | | consultation with election authorities, establishing a cyber | 11 | | navigator program to support election authorities' efforts to | 12 | | defend against cyber breaches and detect and recover from | 13 | | cyber attacks. The rules shall include the Board's plan to | 14 | | allocate any resources received in accordance with the federal | 15 | | Help America Vote Act and provide that no less than half of any | 16 | | funds received under the federal Help America Vote Act shall | 17 | | be allocated to the cyber navigator program. The cyber | 18 | | navigator program shall be designed to provide equal support | 19 | | to all elections authorities with some modifications allowable | 20 | | based on need. The remaining half of the federal Help America | 21 | | Vote Act funds shall be distributed as the Board sees fit, but | 22 | | no grants may be made to election authorities that do not | 23 | | participate in the cyber navigator program managed by the | 24 | | Board. | 25 | | In distribution of the remaining funds received under the |
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| 1 | | federal Help America Vote Act, the Board may make such funds | 2 | | available to election authorities for the maintenance of | 3 | | secure collection sites for the return of vote by mail | 4 | | ballots.
| 5 | | (Source: P.A. 100-623, eff. 7-20-18 .)
| 6 | | (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
| 7 | | Sec. 17-13.
(a) In the case of an emergency, as determined | 8 | | by the
State Board of Elections, or if the Board determines | 9 | | that all potential
polling places have been surveyed by the | 10 | | election authority and that no
accessible polling place, as | 11 | | defined by rule of the State Board of
Elections, is available | 12 | | within a precinct nor is the election authority
able to make a | 13 | | polling place within the precinct temporarily accessible,
the | 14 | | Board, upon written application by the election authority, is
| 15 | | authorized to grant an exemption from the accessibility | 16 | | requirements of the
Federal Voting Accessibility for the | 17 | | Elderly and Handicapped Act (Public
Law 98-435). Such | 18 | | exemption shall be valid for a period of 2 years.
| 19 | | (b) Any voter with a temporary or permanent disability | 20 | | who,
because of structural features of the building in which | 21 | | the polling place
is located, is unable to access or enter the | 22 | | polling place, may request
that 2 judges of election of | 23 | | opposite party affiliation deliver a ballot to
him or her at | 24 | | the point where he or she is unable to continue forward
motion | 25 | | toward the polling place; but, in no case, shall a ballot be
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| 1 | | delivered to the voter beyond 50 feet of the entrance to the | 2 | | building in
which the polling place is located. Such request | 3 | | shall be made to the
election authority not later than the | 4 | | close of business at the election
authority's office on the | 5 | | day before the election and on a form prescribed
by the State | 6 | | Board of Elections. The election authority shall notify the
| 7 | | judges of election for the appropriate precinct polling places | 8 | | of such requests.
| 9 | | Weather permitting, 2 judges of election shall deliver to | 10 | | the
voter with a disability the ballot which he or she is | 11 | | entitled to vote, a portable
voting booth or other enclosure | 12 | | that will allow such voter to mark his or
her ballot in | 13 | | secrecy, and a marking device.
| 14 | | (c) The voter must complete the entire voting process, | 15 | | including the
application for ballot from which the judges of | 16 | | election shall compare the
voter's signature with the | 17 | | signature on his or her registration record card
in the | 18 | | precinct binder.
| 19 | | (d) Election authorities may establish curb-side voting | 20 | | for individuals to cast a ballot during early voting or on | 21 | | election day. An election authority's curb-side voting program | 22 | | shall designate at least 2 election judges from opposite | 23 | | parties per vehicle and the individual must have the option to | 24 | | mark the ballot without interference from the election judges. | 25 | | After the voter has marked his or her ballot and placed it | 26 | | in the
ballot envelope (or folded it in the manner prescribed |
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| 1 | | for paper ballots),
the 2 judges of election shall return the | 2 | | ballot to the polling place and
give it to the judge in charge | 3 | | of the ballot box who shall deposit it therein.
| 4 | | Pollwatchers as provided in Sections 7-34 and 17-23 of | 5 | | this Code shall
be permitted to accompany the judges and | 6 | | observe the above procedure.
| 7 | | No assistance may be given to such voter in marking his or | 8 | | her ballot,
unless the voter requests assistance and completes | 9 | | the affidavit required
by Section 17-14 of this Code.
| 10 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 11 | | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
| 12 | | Sec. 19-6.
Such vote by mail voter shall make and | 13 | | subscribe to the
certifications provided for in the | 14 | | application and on the return
envelope for the ballot, and | 15 | | such ballot or ballots shall be folded by
such voter in the | 16 | | manner required to be folded before depositing the
same in the | 17 | | ballot box, and be deposited in such envelope and the
envelope | 18 | | securely sealed. The voter shall then endorse his certificate
| 19 | | upon the back of the envelope and the envelope shall be mailed | 20 | | in person by
such voter, postage prepaid, to the election | 21 | | authority issuing the ballot or,
if more convenient, it may be | 22 | | delivered in person, by either the voter or
by any person | 23 | | authorized by the voter, or by a company
licensed as a motor | 24 | | carrier of property by the Illinois Commerce Commission
under | 25 | | the Illinois Commercial Transportation Law,
which is engaged |
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| 1 | | in the business of making deliveries. | 2 | | Election authorities shall accept any vote by mail ballot | 3 | | returned, including ballots returned with insufficient or no | 4 | | postage. Election authorities may maintain one or more secure | 5 | | collection sites for the postage-free return of vote by mail | 6 | | ballots. Any election authority with collection sites shall | 7 | | collect all ballots returned each day at close of business and | 8 | | process them as required by this Code, including noting the | 9 | | day on which the ballot was returned. Ballots returned to such | 10 | | collection sites after close of business shall be dated as | 11 | | delivered the next day, with the exception of ballots | 12 | | delivered on election day, which shall be dated as received on | 13 | | election day. Election authorities shall permit electors to | 14 | | return vote by mail ballots at any collection site it has | 15 | | established through the close of polls on election day. All | 16 | | collection sites shall be secured by locks that may be opened | 17 | | only by election authority personnel. The State Board of | 18 | | Elections shall establish additional guidelines for the | 19 | | security of collection sites. | 20 | |
It shall be unlawful for any person not the voter or a | 21 | | person authorized by the voter
to take the ballot and ballot | 22 | | envelope of a
voter for deposit into the mail unless the ballot | 23 | | has been issued pursuant to
application by a physically | 24 | | incapacitated elector under Section
3-3 or a hospitalized | 25 | | voter under Section 19-13, in which case any
employee or | 26 | | person under the direction of the facility in which the |
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| 1 | | elector or
voter is located may deposit the ballot and ballot | 2 | | envelope into the mail. If the voter authorized a person to | 3 | | deliver the ballot to the election authority, the voter and | 4 | | the person authorized to deliver the ballot shall complete the | 5 | | authorization printed on the exterior envelope supplied by an | 6 | | election authority for the return of the vote by mail ballot. | 7 | | The exterior of the envelope supplied by an election authority | 8 | | for the return of the vote by mail ballot shall include an | 9 | | authorization in substantially the following form:
| 10 | | I ............ (voter) authorize ............... to take | 11 | | the necessary steps to have this ballot delivered promptly to | 12 | | the office of the election authority.
| 13 | | ....................... ........................
| 14 | | Date Signature of voter
| 15 | | ...............................................
| 16 | | Printed Name of Authorized Delivery Agent
| 17 | | ...............................................
| 18 | | Signature of Authorized Delivery Agency
| 19 | | ...............................................
| 20 | | Date Delivered to the Election Authority
| 21 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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