Illinois General Assembly - Full Text of SB2487
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Full Text of SB2487  102nd General Assembly

SB2487 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2487

 

Introduced 2/26/2021, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
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

    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.


LRB102 16010 SMS 21382 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2487LRB102 16010 SMS 21382 b

1    AN ACT concerning elections.
 
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
5Sections 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
8otherwise requires:
9    1. "Election" includes the submission of all questions of
10public policy, propositions, and all measures submitted to
11popular vote, and includes primary elections when so indicated
12by the context.
13    2. "Regular election" means the general, general primary,
14consolidated and consolidated primary elections regularly
15scheduled in Article 2A. The even numbered year municipal
16primary established in Article 2A is a regular election only
17with respect to those municipalities in which a primary is
18required to be held on such date.
19    3. "Special election" means an election not regularly
20recurring at fixed intervals, irrespective of whether it is
21held at the same time and place and by the same election
22officers as a regular election.
23    4. "General election" means the biennial election at which

 

 

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1members of the General Assembly are elected. "General primary
2election", "consolidated election" and "consolidated primary
3election" mean the respective elections or the election dates
4designated and established in Article 2A of this Code.
5    5. "Municipal election" means an election or primary,
6either regular or special, in cities, villages, and
7incorporated towns; and "municipality" means any such city,
8village or incorporated town.
9    6. "Political or governmental subdivision" means any unit
10of local government, or school district in which elections are
11or may be held. "Political or governmental subdivision" also
12includes, for election purposes, Regional Boards of School
13Trustees, and Township Boards of School Trustees.
14    7. The word "township" and the word "town" shall apply
15interchangeably to the type of governmental organization
16established in accordance with the provisions of the Township
17Code. The term "incorporated town" shall mean a municipality
18referred to as an incorporated town in the Illinois Municipal
19Code, as now or hereafter amended.
20    8. "Election authority" means a county clerk or a Board of
21Election Commissioners.
22    9. "Election Jurisdiction" means (a) an entire county, in
23the case of a county in which no city board of election
24commissioners is located or which is under the jurisdiction of
25a county board of election commissioners; (b) the territorial
26jurisdiction of a city board of election commissioners; and

 

 

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1(c) the territory in a county outside of the jurisdiction of a
2city board of election commissioners. In each instance
3election jurisdiction shall be determined according to which
4election authority maintains the permanent registration
5records of qualified electors.
6    10. "Local election official" means the clerk or secretary
7of a unit of local government or school district, as the case
8may be, the treasurer of a township board of school trustees,
9and the regional superintendent of schools with respect to the
10various school officer elections and school referenda for
11which the regional superintendent is assigned election duties
12by The School Code, as now or hereafter amended.
13    11. "Judges of election", "primary judges" and similar
14terms, as applied to cases where there are 2 sets of judges,
15when used in connection with duties at an election during the
16hours the polls are open, refer to the team of judges of
17election on duty during such hours; and, when used with
18reference to duties after the closing of the polls, refer to
19the team of tally judges designated to count the vote after the
20closing of the polls and the holdover judges designated
21pursuant to Section 13-6.2 or 14-5.2. In such case, where,
22after the closing of the polls, any act is required to be
23performed by each of the judges of election, it shall be
24performed by each of the tally judges and by each of the
25holdover judges.
26    12. "Petition" of candidacy as used in Sections 7-10 and

 

 

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17-10.1 shall consist of a statement of candidacy, candidate's
2statement containing oath, and sheets containing signatures of
3qualified primary electors bound together.
4    13. "Election district" and "precinct", when used with
5reference to a 30-day residence requirement, means the
6smallest constituent territory in which electors vote as a
7unit at the same polling place in any election governed by this
8Act.
9    14. "District" means any area which votes as a unit for the
10election of any officer, other than the State or a unit of
11local government or school district, and includes, but is not
12limited to, legislative, congressional and judicial districts,
13judicial circuits, county board districts, municipal and
14sanitary district wards, school board districts, and
15precincts.
16    15. "Question of public policy" or "public question" means
17any question, proposition or measure submitted to the voters
18at an election dealing with subject matter other than the
19nomination or election of candidates and shall include, but is
20not limited to, any bond or tax referendum, and questions
21relating to the Constitution.
22    16. "Ordinance providing the form of government of a
23municipality or county pursuant to Article VII of the
24Constitution" includes ordinances, resolutions and petitions
25adopted by referendum which provide for the form of
26government, the officers or the manner of selection or terms

 

 

SB2487- 5 -LRB102 16010 SMS 21382 b

1of office of officers of such municipality or county, pursuant
2to the provisions of Sections 4, 6 or 7 of Article VII of the
3Constitution.
4    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
56-60, and 6-66 shall include a computer tape or computer disc
6or other electronic data processing information containing
7voter information.
8    18. "Accessible" means accessible to persons with
9disabilities and elderly individuals for the purpose of voting
10or registration, as determined by rule of the State Board of
11Elections.
12    19. "Elderly" means 65 years of age or older.
13    20. "Person with a disability" means a person having a
14temporary or permanent physical disability.
15    21. "Leading political party" means one of the two
16political parties whose candidates for governor at the most
17recent three gubernatorial elections received either the
18highest or second highest average number of votes. The
19political party whose candidates for governor received the
20highest average number of votes shall be known as the first
21leading political party and the political party whose
22candidates for governor received the second highest average
23number of votes shall be known as the second leading political
24party.
25    22. "Business day" means any day in which the office of an
26election authority, local election official or the State Board

 

 

SB2487- 6 -LRB102 16010 SMS 21382 b

1of Elections is open to the public for a minimum of 7 hours.
2    23. "Homeless individual" means any person who has a
3nontraditional residence, including, but not limited to, a
4shelter, day shelter, park bench, street corner, or space
5under a bridge.
6    24. "Signature" means a name signed in ink or in digitized
7form. This definition does not apply to a nominating or
8candidate petition or a referendum petition.
9    25. "Intelligent mail barcode tracking system" means a
10printed trackable barcode attached to the return business
11reply envelope for mail-in ballots under Article 19 or Article
1220 that allows an election authority to determine the date the
13envelope was mailed in absence of a postmark.
14    26. "Trackable" means using an intelligent mail barcode
15tracking system.
16(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
 
17    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
18    Sec. 19-4. Mailing or delivery of ballots; time.
19Immediately upon the receipt of such application either by
20mail or electronic means, not more than 90 days nor less than 5
21days prior to such election, or by personal delivery not more
22than 90 days nor less than one day prior to such election, at
23the office of such election authority, it shall be the duty of
24such election authority to examine the records to ascertain
25whether or not such applicant is lawfully entitled to vote as

 

 

SB2487- 7 -LRB102 16010 SMS 21382 b

1requested, including a verification of the applicant's
2signature by comparison with the signature on the official
3registration record card, and if found so to be entitled to
4vote, to post within one business day thereafter the name,
5street address, ward and precinct number or township and
6district number, as the case may be, of such applicant given on
7a list, the pages of which are to be numbered consecutively to
8be kept by such election authority for such purpose in a
9conspicuous, open and public place accessible to the public at
10the entrance of the office of such election authority, and in
11such a manner that such list may be viewed without necessity of
12requesting permission therefor. Within one day after posting
13the name and other information of an applicant for a vote by
14mail ballot, the election authority shall transmit by
15electronic means pursuant to a process established by the
16State Board of Elections that name and other posted
17information to the State Board of Elections, which shall
18maintain those names and other information in an electronic
19format on its website, arranged by county and accessible to
20State and local political committees. Within 2 business days
21after posting a name and other information on the list within
22its office, but no sooner than 40 days before an election, the
23election authority shall mail, postage prepaid and trackable,
24or deliver in person in such office an official ballot or
25ballots if more than one are to be voted at said election.
26Included with the ballot or ballots, the election authority

 

 

SB2487- 8 -LRB102 16010 SMS 21382 b

1shall also mail return envelopes, postage prepaid and
2trackable, or deliver in person in such office a return
3envelope or envelopes if more than one are needed at said
4election. Mail delivery of Temporarily Absent Student ballot
5applications pursuant to Section 19-12.3 shall be by
6nonforwardable mail. However, for the consolidated election,
7vote by mail ballots for certain precincts may be delivered to
8applicants not less than 25 days before the election if so much
9time is required to have prepared and printed the ballots
10containing the names of persons nominated for offices at the
11consolidated primary. The election authority shall enclose
12with each vote by mail ballot or application written
13instructions on how voting assistance shall be provided
14pursuant to Section 17-14 and a document, written and approved
15by the State Board of Elections, informing the vote by mail
16voter of the required postage for returning the application
17and ballot, and enumerating the circumstances under which a
18person is authorized to vote by vote by mail ballot pursuant to
19this Article; such document shall also include a statement
20informing the applicant that if he or she falsifies or is
21solicited by another to falsify his or her eligibility to cast
22a vote by mail ballot, such applicant or other is subject to
23penalties pursuant to Section 29-10 and Section 29-20 of the
24Election Code. Each election authority shall maintain a list
25of the name, street address, ward and precinct, or township
26and district number, as the case may be, of all applicants who

 

 

SB2487- 9 -LRB102 16010 SMS 21382 b

1have requested, received, or returned vote by mail ballots to
2such authority, and the name of such vote by mail voter shall
3be added to such list within one business day from receipt of
4such ballot. Each election authority shall provide online
5access to the vote by mail ballot list and corresponding dates
6to when the ballot was requested, received, and returned to
7the election authority. This online vote by mail status list
8shall be updated by the election authority daily. If the vote
9by mail ballot envelope indicates that the voter was assisted
10in casting the ballot, the name of the person so assisting
11shall be included on the list. The list, the pages of which are
12to be numbered consecutively, shall be kept by each election
13authority in a conspicuous, open, and public place accessible
14to the public at the entrance of the office of the election
15authority and in a manner that the list may be viewed without
16necessity of requesting permission for viewing in addition to
17being available on the election authority's website.
18    Each election authority shall maintain a list for each
19election of the voters to whom it has issued vote by mail
20ballots. The list shall be maintained for each precinct within
21the jurisdiction of the election authority. Prior to the
22opening of the polls on election day, the election authority
23shall deliver to the judges of election in each precinct the
24list of registered voters in that precinct to whom vote by mail
25ballots have been issued by mail.
26    Each election authority shall maintain a list for each

 

 

SB2487- 10 -LRB102 16010 SMS 21382 b

1election of voters to whom it has issued temporarily absent
2student ballots. The list shall be maintained for each
3election jurisdiction within which such voters temporarily
4abide. Immediately after the close of the period during which
5application may be made by mail or electronic means for vote by
6mail ballots, each election authority shall mail to each other
7election authority within the State a certified list of all
8such voters temporarily abiding within the jurisdiction of the
9other election authority.
10    In the event that the return address of an application for
11ballot by a physically incapacitated elector is that of a
12facility licensed or certified under the Nursing Home Care
13Act, the Specialized Mental Health Rehabilitation Act of 2013,
14the ID/DD Community Care Act, or the MC/DD Act, within the
15jurisdiction of the election authority, and the applicant is a
16registered voter in the precinct in which such facility is
17located, the ballots shall be prepared and transmitted to a
18responsible judge of election no later than 9 a.m. on the
19Friday, Saturday, Sunday, or Monday immediately preceding the
20election as designated by the election authority under Section
2119-12.2. Such judge shall deliver in person on the designated
22day the ballot to the applicant on the premises of the facility
23from which application was made. The election authority shall
24by mail notify the applicant in such facility that the ballot
25will be delivered by a judge of election on the designated day.
26    All applications for vote by mail ballots shall be

 

 

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1available at the office of the election authority for public
2inspection upon request from the time of receipt thereof by
3the election authority until 30 days after the election,
4except during the time such applications are kept in the
5office of the election authority pursuant to Section 19-7, and
6except during the time such applications are in the possession
7of the judges of election.
8(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
998-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
107-29-15; 99-522, eff. 6-30-16.)
 
11    (10 ILCS 5/20-4)   (from Ch. 46, par. 20-4)
12    Sec. 20-4. Immediately upon the receipt of the official
13postcard or an application as provided in Section 20-3 within
14the times heretofore prescribed, the election authority shall
15ascertain whether or not such applicant is legally entitled to
16vote as requested, including verification of the applicant's
17signature by comparison with the signature on the official
18registration record card, if any. If the election authority
19ascertains that the applicant is lawfully entitled to vote, it
20shall enter the name, street address, ward and precinct number
21of such applicant on a list to be posted in his or its office
22in a place accessible to the public. Within one day after
23posting the name and other information of an applicant for a
24ballot, the election authority shall transmit that name and
25posted information to the State Board of Elections, which

 

 

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1shall maintain the names and other information in an
2electronic format on its website, arranged by county and
3accessible to State and local political committees. Each
4election authority shall provide online access to the vote by
5mail ballot list and corresponding dates to when the ballot
6was requested, received, and returned to the election
7authority. This online vote by mail status list shall be
8updated by the election authority daily. As soon as the
9official ballot is prepared the election authority shall
10immediately deliver the same to the applicant in person, by
11mail, by facsimile transmission, or by electronic transmission
12as provided in this Article. Included with the ballot or
13ballots, the election authority shall also mail return
14envelopes, postage prepaid and trackable, or deliver in person
15in such office a return envelope or envelopes if more than one
16are needed at said election.
17    If any such election authority receives a second or
18additional application which it believes is from the same
19person, he or it shall submit it to the chief judge of the
20circuit court or any judge of that court designated by the
21chief judge. If the chief judge or his designate determines
22that the application submitted to him is a second or
23additional one, he shall so notify the election authority who
24shall disregard the second or additional application.
25    The election authority shall maintain a list for each
26election of the voters to whom it has issued vote by mail

 

 

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1ballots. The list shall be maintained for each precinct within
2the jurisdiction of the election authority. Prior to the
3opening of the polls on election day, the election authority
4shall deliver to the judges of election in each precinct the
5list of registered voters in that precinct to whom vote by mail
6ballots have been issued.
7    Election authorities may transmit by facsimile or other
8electronic means a ballot simultaneously with transmitting an
9application for vote by mail ballot; however, no such ballot
10shall be counted unless an application has been completed by
11the voter and the election authority ascertains that the
12applicant is lawfully entitled to vote as provided in this
13Section.
14(Source: P.A. 98-1171, eff. 6-1-15.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.