Illinois General Assembly - Full Text of SB2651
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Full Text of SB2651  100th General Assembly


Rep. Silvana Tabares

Filed: 5/28/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2651 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Election Code is amended by adding Sections
51-17 and 1A-55 and by changing Sections 1A-8 and 19-3 as
7    (10 ILCS 5/1-17 new)
8    Sec. 1-17. Election authority voting equipment
9information. Every 2 years, each election authority shall
10submit information on the voting equipment used within the
11jurisdiction of the election authority to the State Board of
12Elections. The information must include:
13        (1) the age and functionality of each item of voting
14    equipment; and
15        (2) a formal letter containing a general description of
16    the status of the voting equipment, the election



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1    authority's perceived need for new voting equipment, and
2    the costs associated with obtaining new equipment.
3Each election authority must publish the information submitted
4under this Section online.
5    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
6    Sec. 1A-8. The State Board of Elections shall exercise the
7following powers and perform the following duties in addition
8to any powers or duties otherwise provided for by law:
9        (1) Assume all duties and responsibilities of the State
10    Electoral Board and the Secretary of State as heretofore
11    provided in this Code Act;
12        (2) Disseminate information to and consult with
13    election authorities concerning the conduct of elections
14    and registration in accordance with the laws of this State
15    and the laws of the United States;
16        (3) Furnish to each election authority prior to each
17    primary and general election and any other election it
18    deems necessary, a manual of uniform instructions
19    consistent with the provisions of this Code Act which shall
20    be used by election authorities in the preparation of the
21    official manual of instruction to be used by the judges of
22    election in any such election. In preparing such manual,
23    the State Board shall consult with representatives of the
24    election authorities throughout the State. The State Board
25    may provide separate portions of the uniform instructions



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1    applicable to different election jurisdictions which
2    administer elections under different options provided by
3    law. The State Board may by regulation require particular
4    portions of the uniform instructions to be included in any
5    official manual of instructions published by election
6    authorities. Any manual of instructions published by any
7    election authority shall be identical with the manual of
8    uniform instructions issued by the Board, but may be
9    adapted by the election authority to accommodate special or
10    unusual local election problems, provided that all manuals
11    published by election authorities must be consistent with
12    the provisions of this Code Act in all respects and must
13    receive the approval of the State Board of Elections prior
14    to publication; provided further that if the State Board
15    does not approve or disapprove of a proposed manual within
16    60 days of its submission, the manual shall be deemed
17    approved.
18        (4) Prescribe and require the use of such uniform
19    forms, notices, and other supplies not inconsistent with
20    the provisions of this Code Act as it shall deem advisable
21    which shall be used by election authorities in the conduct
22    of elections and registrations;
23        (5) Prepare and certify the form of ballot for any
24    proposed amendment to the Constitution of the State of
25    Illinois, or any referendum to be submitted to the electors
26    throughout the State or, when required to do so by law, to



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1    the voters of any area or unit of local government of the
2    State;
3        (6) Require such statistical reports regarding the
4    conduct of elections and registration from election
5    authorities as may be deemed necessary;
6        (7) Review and inspect procedures and records relating
7    to conduct of elections and registration as may be deemed
8    necessary, and to report violations of election laws to the
9    appropriate State's Attorney or the Attorney General;
10        (8) Recommend to the General Assembly legislation to
11    improve the administration of elections and registration;
12        (9) Adopt, amend or rescind rules and regulations in
13    the performance of its duties provided that all such rules
14    and regulations must be consistent with the provisions of
15    this Article 1A or issued pursuant to authority otherwise
16    provided by law;
17        (10) Determine the validity and sufficiency of
18    petitions filed under Article XIV, Section 3, of the
19    Constitution of the State of Illinois of 1970;
20        (11) Maintain in its principal office a research
21    library that includes, but is not limited to, abstracts of
22    votes by precinct for general primary elections and general
23    elections, current precinct maps and current precinct poll
24    lists from all election jurisdictions within the State. The
25    research library shall be open to the public during regular
26    business hours. Such abstracts, maps and lists shall be



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1    preserved as permanent records and shall be available for
2    examination and copying at a reasonable cost;
3        (12) Supervise the administration of the registration
4    and election laws throughout the State;
5        (13) Obtain from the Department of Central Management
6    Services, under Section 405-250 of the Department of
7    Central Management Services Law (20 ILCS 405/405-250),
8    such use of electronic data processing equipment as may be
9    required to perform the duties of the State Board of
10    Elections and to provide election-related information to
11    candidates, public and party officials, interested civic
12    organizations and the general public in a timely and
13    efficient manner;
14        (14) To take such action as may be necessary or
15    required to give effect to directions of the national
16    committee or State central committee of an established
17    political party under Sections 7-8, 7-11, and 7-14.1 or
18    such other provisions as may be applicable pertaining to
19    the selection of delegates and alternate delegates to an
20    established political party's national nominating
21    conventions or, notwithstanding any candidate
22    certification schedule contained within this the Election
23    Code, the certification of the Presidential and Vice
24    Presidential candidate selected by the established
25    political party's national nominating convention;
26        (15) To post all early voting sites separated by



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1    election authority and hours of operation on its website at
2    least 5 business days before the period for early voting
3    begins; and
4        (16) To post on its website the statewide totals, and
5    totals separated by each election authority, for each of
6    the counts received pursuant to Section 1-9.2; and .
7        (17) To post on its website, in a downloadable format,
8    the information received from each election authority
9    under Section 1-17.
10    The Board may by regulation delegate any of its duties or
11functions under this Article, except that final determinations
12and orders under this Article shall be issued only by the
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader, and the Clerk of the House of
17Representatives, and the President, the Minority Leader, and
18the Secretary of the Senate, and the Legislative Research Unit,
19as required by Section 3.1 of the General Assembly Organization
20Act "An Act to revise the law in relation to the General
21Assembly", approved February 25, 1874, as amended, and filing
22such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.
25(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)



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1    (10 ILCS 5/1A-55 new)
2    Sec. 1A-55. Cyber security efforts. The Board shall adopt
3rules, after at least 2 public hearings of the Board and in
4consultation with election authorities, establishing a cyber
5navigator program to support election authorities' efforts to
6defend against cyber breaches and detect and recover from cyber
7attacks. The rules shall include the Board's plan to allocate
8any resources received in accordance with the federal Help
9America Vote Act and provide that no less than half of any
10funds received under the federal Help America Vote Act shall be
11allocated to the cyber navigator program. The cyber navigator
12program shall be designed to provide equal support to all
13elections authorities with some modifications allowable based
14on need. The remaining half of the federal Help America Vote
15Act funds shall be distributed as the Board sees fit, but no
16grants may be made to election authorities that do not
17participate in the cyber navigator program managed by the
19    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
20    Sec. 19-3. The application for vote by mail ballot shall be
21substantially in the following form:
23    To be voted at the .... election in the County of .... and
24State of Illinois, in the .... precinct of the (1) *township of
25.... (2) *City of .... or (3) *.... ward in the City of ....



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1    I state that I am a resident of the .... precinct of the
2(1) *township of .... (2) *City of .... or (3) *.... ward in
3the city of .... residing at .... in such city or town in the
4county of .... and State of Illinois; that I have lived at such
5address for .... month(s) last past; that I am lawfully
6entitled to vote in such precinct at the .... election to be
7held therein on ....; and that I wish to vote by vote by mail
9    I hereby make application for an official ballot or ballots
10to be voted by me at such election, and I agree that I shall
11return such ballot or ballots to the official issuing the same
12prior to the closing of the polls on the date of the election
13or, if returned by mail, postmarked no later than election day,
14for counting no later than during the period for counting
15provisional ballots, the last day of which is the 14th day
16following election day.
17    I understand that this application is made for an official
18vote by mail ballot or ballots to be voted by me at the
19election specified in this application and that I must submit a
20separate application for an official vote by mail ballot or
21ballots to be voted by me at any subsequent election.
22    Under penalties as provided by law pursuant to Section
2329-10 of the Election Code, the undersigned certifies that the
24statements set forth in this application are true and correct.
*fill in either (1), (2) or (3).



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Post office address to which ballot is mailed:
3    However, if application is made for a primary election
4ballot, such application shall require the applicant to
5designate the name of the political party with which the
6applicant is affiliated.
7    If application is made electronically, the applicant shall
8mark the box associated with the above described statement
9included as part of the online application certifying that the
10statements set forth in this application are true and correct,
11and a signature is not required.
12    Any person may produce, reproduce, distribute, or return to
13an election authority the application for vote by mail ballot.
14If applications are sent to a post office box controlled by any
15individual or organization that is not an election authority,
16those applications shall (i) include a valid and current phone
17number for the individual or organization controlling the post
18office box and (ii) be turned over to the appropriate election
19authority within 7 days of receipt or, if received within 2
20weeks of the election in which an applicant intends to vote,
21within 2 days of receipt. Failure to turn over the applications
22in compliance with this paragraph shall constitute a violation
23of this Code and shall be punishable as a petty offense with a
24fine of $100 per application. Removing, tampering with, or
25otherwise knowingly making the postmark on the application
26unreadable by the election authority shall establish a



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1rebuttable presumption of a violation of this paragraph. Upon
2receipt, the appropriate election authority shall accept and
3promptly process any application for vote by mail ballot
4submitted in a form substantially similar to that required by
5this Section, including any substantially similar production
6or reproduction generated by the applicant.
7(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
899-522, eff. 6-30-16.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".