HB2600 102ND GENERAL ASSEMBLY

LRB102 12097 SMS 17434 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2600

Introduced 2/19/2021, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-7

from Ch. 46, par. 19-7

Amends the Election Code. Provides that an election authority shall appoint panels as needed of 3 election judges from the list of election judges submitted by the county parties to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. Provides the procedure for verifying or rejecting the signature. Provides that if a vote by mail ballot is rejected, the election authority shall notify the voter within 2 days after the rejection or within one day if the rejection occurs after election day and in all cases before the close of the period for counting provisional ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 19-7 as follows:

(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)

Sec. 19-7. (a) Upon receipt of such vote by mail voter's ballot, the election authority shall forthwith enclose the same unopened, together with the application made by said vote by mail voter in a large or carrier envelope which shall be securely sealed and endorsed with the name and official title of such officer and the words, "This envelope contains a vote by mail ballot and must be opened on election day," together with the number and description of the precinct in which said ballot is to be voted, and such officer shall thereafter safely keep the same in his office until counted by him as provided in the next section.

(b) Within one day after receipt of such vote by mail voter's ballot, the election authority shall transmit, by electronic means pursuant to a process established by the State Board of Elections, the voter's name, street address, e-mail address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees.

(c) Notwithstanding any other provision of law to the contrary, within 2 days after a vote by mail ballot is received, but in all cases before the close of the period for counting provisional ballots, the election authority shall appoint panels as needed of 3 election judges, of which no more than 2 shall be from the same political party, from the list of election judges submitted by the county parties for this specific purpose to compare the voter's signature on the certification envelope of the vote by mail ballot with the signature of the voter on file in the office of the election authority. The signature shall be presumed to match unless 3 out of 3 election judges determine that the 2 signatures do not match. A vote by mail ballot may only be rejected by a vote of 3 of 3 election judges and only for the following reasons: (1) the signature on the certification envelope and the signature used by the election authority for verification purposes do not match or the certification envelope contains no signature; (2) the ballot envelope was delivered opened; (3) the voter has already cast a ballot; (4) if the voter voted in person on election day; or (5) the voter is not a duly registered voter in the precinct. If 3 of 3 election judges determine the ballot should be rejected for any reasons stated in this subsection (c), the judges shall mark across the face of the certification envelope the word "rejected" and the date and names of the judges voting to reject the ballot.

(d) If a vote by mail ballot is rejected, the election authority shall notify the voter within 2 days after the rejection or within one day if the rejection occurs after election day and in all cases before the close of the period for counting provisional ballots. The voter shall be notified through mail or email, or both, and the notice shall inform the voter of the reason or reasons the ballot was rejected. If the ballot was rejected based on the signature or lack of a signature, the voter shall be permitted to submit a statement the voter cast the ballot, and upon receipt the ballot shall be determined valid and counted before the close of the period for counting provisional ballots. If the ballot was rejected because the envelope was delivered opened, the voter shall be permitted to vote in person or request to receive another vote by mail ballot, provided the voter submits an application and casts a new ballot prior to the close of polls on election day.

(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)