Illinois General Assembly - Full Text of SB1326
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Full Text of SB1326  102nd General Assembly

SB1326sam001 102ND GENERAL ASSEMBLY

Sen. Sally J. Turner

Filed: 4/13/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1326

2    AMENDMENT NO. ______. Amend Senate Bill 1326 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1-9.2, 1A-8, 1A-16.8, 4-30, 5-25, 6-59, 13-2.1,
613-2.2, 14-4.1, and 17-22 and by adding Sections 19-2.4 and
719-8.5 as follows:
 
8    (10 ILCS 5/1-9.2)
9    Sec. 1-9.2. Uncounted ballot information on website. No
10later than 48 hours after the closing of polling locations on
11election day, each election authority maintaining a website
12shall post the number of ballots that remain uncounted. The
13posting shall separate the number of ballots yet to be counted
14into the following categories: ballots cast on election day,
15early voting ballots, provisional ballots, vote by mail
16ballots received by the election authority but not counted,

 

 

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1and vote by mail ballots sent by the election authority but
2have not been returned to the election authority. The posting
3shall also include any election judge affidavits provided for
4in Section 17-22. This information shall be updated on the
5website of the election authority each day until the period
6for counting provisional and vote by mail ballots has ended.
7All election authorities, regardless of whether they maintain
8a website, shall share the same information, separated in the
9same manner, with the State Board of Elections no later than 48
10hours after the closing of polling locations on election day
11and each business day thereafter until the period for counting
12provisional and vote by mail ballots has ended.
13(Source: P.A. 98-1171, eff. 6-1-15.)
 
14    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
15    Sec. 1A-8. The State Board of Elections shall exercise the
16following powers and perform the following duties in addition
17to any powers or duties otherwise provided for by law:
18        (1) Assume all duties and responsibilities of the
19    State Electoral Board and the Secretary of State as
20    heretofore provided in this Code;
21        (2) Disseminate information to and consult with
22    election authorities concerning the conduct of elections
23    and registration in accordance with the laws of this State
24    and the laws of the United States;
25        (3) Furnish to each election authority prior to each

 

 

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1    primary and general election and any other election it
2    deems necessary, a manual of uniform instructions
3    consistent with the provisions of this Code which shall be
4    used by election authorities in the preparation of the
5    official manual of instruction to be used by the judges of
6    election in any such election. In preparing such manual,
7    the State Board shall consult with representatives of the
8    election authorities throughout the State. The State Board
9    may provide separate portions of the uniform instructions
10    applicable to different election jurisdictions which
11    administer elections under different options provided by
12    law. The State Board may by regulation require particular
13    portions of the uniform instructions to be included in any
14    official manual of instructions published by election
15    authorities. Any manual of instructions published by any
16    election authority shall be identical with the manual of
17    uniform instructions issued by the Board, but may be
18    adapted by the election authority to accommodate special
19    or unusual local election problems, provided that all
20    manuals published by election authorities must be
21    consistent with the provisions of this Code in all
22    respects and must receive the approval of the State Board
23    of Elections prior to publication; provided further that
24    if the State Board does not approve or disapprove of a
25    proposed manual within 60 days of its submission, the
26    manual shall be deemed approved.

 

 

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1        (4) Prescribe and require the use of such uniform
2    forms, notices, and other supplies not inconsistent with
3    the provisions of this Code as it shall deem advisable
4    which shall be used by election authorities in the conduct
5    of elections and registrations;
6        (5) Prepare and certify the form of ballot for any
7    proposed amendment to the Constitution of the State of
8    Illinois, or any referendum to be submitted to the
9    electors throughout the State or, when required to do so
10    by law, to the voters of any area or unit of local
11    government of the State;
12        (6) Require such statistical reports regarding the
13    conduct of elections and registration from election
14    authorities as may be deemed necessary;
15        (7) Review and inspect procedures and records relating
16    to conduct of elections and registration as may be deemed
17    necessary, and to report violations of election laws to
18    the appropriate State's Attorney or the Attorney General;
19        (8) Recommend to the General Assembly legislation to
20    improve the administration of elections and registration;
21        (9) Adopt, amend or rescind rules and regulations in
22    the performance of its duties provided that all such rules
23    and regulations must be consistent with the provisions of
24    this Article 1A or issued pursuant to authority otherwise
25    provided by law;
26        (10) Determine the validity and sufficiency of

 

 

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1    petitions filed under Article XIV, Section 3, of the
2    Constitution of the State of Illinois of 1970;
3        (11) Maintain in its principal office a research
4    library that includes, but is not limited to, abstracts of
5    votes by precinct for general primary elections and
6    general elections, current precinct maps and current
7    precinct poll lists from all election jurisdictions within
8    the State. The research library shall be open to the
9    public during regular business hours. Such abstracts, maps
10    and lists shall be preserved as permanent records and
11    shall be available for examination and copying at a
12    reasonable cost;
13        (12) Supervise the administration of the registration
14    and election laws throughout the State;
15        (13) Obtain from the Department of Central Management
16    Services, under Section 405-250 of the Department of
17    Central Management Services Law (20 ILCS 405/405-250),
18    such use of electronic data processing equipment as may be
19    required to perform the duties of the State Board of
20    Elections and to provide election-related information to
21    candidates, public and party officials, interested civic
22    organizations and the general public in a timely and
23    efficient manner;
24        (14) To take such action as may be necessary or
25    required to give effect to directions of the national
26    committee or State central committee of an established

 

 

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1    political party under Sections 7-8, 7-11, and 7-14.1 or
2    such other provisions as may be applicable pertaining to
3    the selection of delegates and alternate delegates to an
4    established political party's national nominating
5    conventions or, notwithstanding any candidate
6    certification schedule contained within this Code, the
7    certification of the Presidential and Vice Presidential
8    candidate selected by the established political party's
9    national nominating convention;
10        (15) To post all early voting sites separated by
11    election authority and hours of operation on its website
12    at least 5 business days before the period for early
13    voting begins;
14        (16) To post on its website the statewide totals, and
15    totals separated by each election authority, for each of
16    the counts received pursuant to Section 1-9.2; and
17        (17) To post on its website, in a downloadable format,
18    the information received from each election authority
19    under Section 1-17; and .
20        (18) To establish training materials and guidelines
21    for judges of elections.
22    The Board may by regulation delegate any of its duties or
23functions under this Article, except that final determinations
24and orders under this Article shall be issued only by the
25Board.
26    The requirement for reporting to the General Assembly

 

 

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1shall be satisfied by filing copies of the report as required
2by Section 3.1 of the General Assembly Organization Act, and
3filing such additional copies with the State Government Report
4Distribution Center for the General Assembly as is required
5under paragraph (t) of Section 7 of the State Library Act.
6(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;
7100-1148, eff. 12-10-18.)
 
8    (10 ILCS 5/1A-16.8)
9    Sec. 1A-16.8. Automatic transfer of registration based
10upon information from the National Change of Address database
11and designated automatic voter registration agencies.
12    (a) The State Board of Elections shall cross-reference the
13statewide voter registration database against the United
14States Postal Service's National Change of Address database
15twice each calendar year, April 15 and October 1 in
16odd-numbered years and April 15 and December 1 in
17even-numbered years or with the same frequency as in
18subsection (b) of this Section, and shall share the findings
19with the election authorities.
20    (b) In addition, beginning no later than September 1,
212017, the State Board of Elections shall utilize data provided
22as part of its membership in the Electronic Registration
23Information Center in order to cross-reference the statewide
24voter registration database against databases of relevant
25personal information kept by designated automatic voter

 

 

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1registration agencies, including, but not limited to, driver's
2license information kept by the Secretary of State, at least 6
3times each calendar year and shall share the findings with
4election authorities.
5    This subsection (b) shall no longer apply once Sections
61A-16.1 and 1A-16.2 of this Code are fully implemented as
7determined by the State Board of Elections. Upon a
8determination by the State Board of Elections of full
9implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
10the State Board of Elections shall file notice of full
11implementation and the inapplicability of this subsection (b)
12with the Index Department of the Office of the Secretary of
13State, the Governor, the General Assembly, and the Legislative
14Reference Bureau.
15    (b-5) The State Board of Elections shall not be required
16to share any data on any voter attained using the National
17Change of Address database under subsection (a) of this
18Section if that voter has a more recent government transaction
19indicated using the cross-reference under subsection (b) of
20this Section. If there is contradictory or unclear data
21between data obtained under subsections (a) and (b) of this
22Section, then data obtained under subsection (b) of this
23Section shall take priority.
24    (c) Within 90 days of receipt of information from the
25National Change of Address database, an An election authority
26shall automatically register any voter who has moved into its

 

 

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1jurisdiction from another jurisdiction in Illinois or has
2moved within its jurisdiction provided that:
3        (1) the election authority whose jurisdiction includes
4    the new registration address provides the voter an
5    opportunity to reject the change in registration address
6    through a mailing, sent by non-forwardable mail, to the
7    new registration address, and
8        (2) when the election authority whose jurisdiction
9    includes the previous registration address is a different
10    election authority, then that election authority provides
11    the same opportunity through a mailing, sent by
12    forwardable mail, to the previous registration address.
13    This change in registration shall trigger the same
14inter-jurisdictional or intra-jurisdictional workflows as if
15the voter completed a new registration card, including the
16cancellation of the voter's previous registration. Should the
17registration of a voter be changed from one address to another
18within the State and should the voter appear at the polls and
19offer to vote from the prior registration address, attesting
20that the prior registration address is the true current
21address, the voter, if confirmed by the election authority as
22having been registered at the prior registration address and
23canceled only by the process authorized by this Section, shall
24be issued a regular ballot, and the change of registration
25address shall be canceled. If the election authority is unable
26to immediately confirm the registration, the voter shall be

 

 

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1permitted to register and vote a regular ballot, provided that
2he or she meets the documentary requirements for same-day
3registration. If the election authority is unable to confirm
4the registration and the voter does not meet the requirements
5for same-day registration, the voter shall be issued a
6provisional ballot.
7    (d) No voter shall be disqualified from voting due to an
8error relating to an update of registration under this
9Section.
10(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
11    (10 ILCS 5/4-30)  (from Ch. 46, par. 4-30)
12    Sec. 4-30. The county clerk on his own initiative or upon
13order of the county board shall at all times have authority to
14conduct investigation and to make canvasses of the registered
15voters in any precinct canvass or at other times and by other
16methods than those so prescribed. However, the county clerk
17shall at least once in every 2 years conduct a verification of
18voter registrations and shall cause the cancellation of
19registration of persons who have ceased to be qualified
20voters. The verification shall be conducted and completed
21after a consolidated election in an odd numbered year but
22before the first day of candidate circulation for candidate
23filing for the following primary election in an even numbered
24year. Such verification shall be accomplished by one of the
25following methods: (1) precinct canvass conducted by 2

 

 

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1qualified persons of opposite party affiliation appointed by
2the county clerk or (2) written request for verification sent
3to each registered voter by first class mail, not forwardable
4or (3) an alternative method of verification submitted in
5writing to and approved by the State Board of Elections at a
6public meeting not less than 60 days prior to the date on which
7the county clerk has fixed for implementation of that method
8of verification; provided, that the county clerk shall certify
9submit to the State Board of Elections that the verification
10has been conducted and completed and include a written
11statement of the results obtained by use of such alternative
12method within 30 days of completion of the verification.
13Provided that in each precinct one canvasser may be appointed
14from outside such precinct if not enough other qualified
15persons who reside within the precinct can be found to serve as
16canvasser in such precinct. The one canvasser so appointed to
17serve in any precinct in which he is not entitled to vote prior
18to the election must be entitled to vote elsewhere within the
19ward, township or road district which includes within its
20boundaries the precinct in which such canvasser is appointed
21and such canvasser must be otherwise qualified. If upon the
22basis of investigation or canvasses, the county clerk shall be
23of the opinion that any person registered under this Article
24is not a qualified voter or has ceased to be a qualified voter,
25he shall send a notice through the United States mail to such
26person, requiring him to appear before the county clerk for a

 

 

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1hearing within ten days after the date of mailing such notice
2and show cause why his registration shall not be cancelled. If
3such person fails to appear within such time as provided, his
4registration shall be cancelled. If such a person does appear,
5he shall make an affidavit similar in every respect to the
6affidavit required of applicants under Section 4-13 and his
7registration shall be reinstated.
8    If the county clerk cancels such registration upon the
9voter failing to appear, the county clerk shall immediately
10request of the clerk of the city, village or incorporated town
11in which the person claimed residence, to return the
12triplicate card of registration of the said person and within
13twenty-four hours after receipt of said request, the said
14clerk shall mail or cause to be delivered to the county clerk
15the triplicate card of registration of the said person and the
16said triplicate card shall thereupon be cancelled by the
17county clerk.
18(Source: P.A. 84-1308.)
 
19    (10 ILCS 5/5-25)  (from Ch. 46, par. 5-25)
20    Sec. 5-25. The county clerk on his own initiative or upon
21order of the board of county commissioners shall at all times
22have authority to conduct investigation and to make canvasses
23of the registered voters in any precinct canvass or at other
24times and by other methods than those so prescribed. However,
25the county clerk shall conduct a verification of voter

 

 

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1registrations at least once in every 2 years, and shall cause
2the cancellation of registration of persons who have ceased to
3be qualified voters. The verification shall be conducted and
4completed after a consolidated election in an odd numbered
5year but before the first day of candidate circulation for
6candidate filing for the following primary election in an even
7numbered year. Such verification shall be accomplished by one
8of the following methods: (1) precinct canvass conducted by 2
9qualified persons of opposite party affiliation appointed by
10the county clerk or (2) written request for verification sent
11to each registered voter by first class mail, not forwardable
12or (3) an alternative method of verification submitted in
13writing to and approved by the State Board of Elections at a
14public meeting not less than 60 days prior to the date which
15the county clerk has fixed for implementation of that method
16of verification; provided, that the county clerk shall certify
17submit to the State Board of Elections that the verification
18has been conducted and completed and include a written
19statement of the results obtained by use of such alternative
20method within 30 days of completion of the verification. In
21each precinct one canvasser may be appointed from outside such
22precinct if not enough other qualified persons who reside
23within the precinct can be found to serve as canvasser in such
24precinct. The one canvasser so appointed to serve in any
25precinct in which he is not entitled to vote prior to the
26election must be entitled to vote elsewhere within the ward or

 

 

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1township which includes within its boundaries the precinct in
2which such canvasser is appointed and such canvasser must be
3otherwise qualified. If upon the basis of investigation or
4canvasses, the county clerk shall be of the opinion that any
5person registered under this Article 5 is not a qualified
6voter or has ceased to be a qualified voter, he shall send a
7notice through the United States mail to such person,
8requiring him to appear before the county clerk for a hearing
9within ten days after the date of mailing such notice and show
10cause why his registration shall not be cancelled. If such
11person fails to appear within such time as provided, his
12registration shall be cancelled. If such a person does appear,
13he shall make an affidavit similar in every respect to the
14affidavit required of applicants under Section 5-16 of this
15Article 5.
16(Source: P.A. 81-1535.)
 
17    (10 ILCS 5/6-59)  (from Ch. 46, par. 6-59)
18    Sec. 6-59. The Board of Election Commissioners on its own
19initiative, or upon order of the circuit court, shall at all
20times have authority to conduct investigations and to make
21canvasses of the registered voters in any precinct or
22precincts within its jurisdiction either by the methods
23provided in this Article or at other times and by other methods
24than those prescribed herein. However, the Board of Election
25Commissioners shall, at least once in every 2 years, conduct a

 

 

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1verification of voter registrations and shall cause the
2cancellation of registration of persons who have ceased to be
3qualified voters. The verification shall be conducted and
4completed after a consolidated election in an odd numbered
5year but before the first day of candidate circulation for
6candidate filing for the following primary election in an even
7numbered year. Such verification shall be accomplished by one
8of the following methods: (1) precinct canvass conducted by 2
9qualified persons of opposite party affiliation appointed by
10the Board of Election Commissioners or (2) written request
11sent to each registered voter by first class mail, not
12forwardable or (3) an alternative method of verification
13submitted in writing to and approved by The State Board of
14Elections at a public meeting not less than 60 days prior to
15the date on which the Board of Election Commissioners has
16fixed for implementation of that method of verification;
17provided, said Board shall certify submit to the State Board
18of Elections that the verification has been conducted and
19completed and include a written statement of the results
20obtained by use of such alternative method within 30 days of
21the completion of the verification. If, upon the basis of
22investigations or canvasses, the board shall be of the opinion
23that any person registered under this Article is not a
24qualified voter or has ceased to be a qualified voter, it shall
25send a notice through the United States mail to such person,
26requiring him to appear before such board at a time specified

 

 

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1in such notice, not less than 10 nor more than 30 days after
2the mailing of such notice and show cause why his registration
3should not be cancelled. If such a person does not appear, his
4registration shall be cancelled. If such a person does appear
5he shall make an affidavit and shall be heard in the manner
6provided by Section 6-45 of this Article, and if his
7registration is cancelled as a result of such a hearing, he
8shall be entitled to a hearing in the circuit court and to an
9appeal to the Supreme Court in the manner provided by Section
106-52 of this Article.
11    Whenever the Board of Election Commissioners acting under
12authority of this section conducts a canvass of the registered
13voters in any precinct or precincts and the board designates
14canvassers to conduct the canvass, the board shall appoint as
15canvassers persons affiliated with the leading political
16parties in like manner as judges of election are appointed
17under the provisions of Section 14-4 of this Act; provided
18that in each precinct in counties of 500,000 inhabitants or
19more, one canvasser may be appointed from outside such
20precinct if not enough other qualified persons who reside
21within the precinct can be found to serve as canvasser in such
22precinct. The one canvasser so appointed to serve in any
23precinct in which he is not entitled to vote prior to the
24election must be entitled to vote elsewhere within the ward or
25township which includes within its boundaries the precinct in
26which such canvasser is appointed and such canvasser must be

 

 

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1otherwise qualified.
2    The canvassers, so appointed by virtue of this section,
3shall comply with the provisions of Sections 6-40 and 6-41
4relative to the mailing and leaving of notices at the
5addresses of persons whose right to vote in the precinct or
6precincts is questioned.
7(Source: P.A. 81-1433.)
 
8    (10 ILCS 5/13-2.1)  (from Ch. 46, par. 13-2.1)
9    Sec. 13-2.1. In each county the County Clerk shall
10establish a training course for judges of elections not
11subject to Article 14 of this Act. The curriculum of such
12course shall incorporate training materials and guidelines
13provided by the State Board of Elections and be approved by the
14County Clerk. A suitable certificate shall be issued by the
15County Clerk to each student upon his satisfactory completion
16of the course.
17    Such course may be established jointly with a course in
18the county established as provided in Section 14-4.1 of this
19Act.
20(Source: Laws 1961, p. 3399.)
 
21    (10 ILCS 5/13-2.2)  (from Ch. 46, par. 13-2.2)
22    Sec. 13-2.2. Such course shall be devised so as to
23instruct its students in the duties of an election judge and
24shall include, at a minimum, the duties concerning voter

 

 

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1verification, campaign-free zones, electioneering, vote by
2mail processing, provisional voting, and ballot handling and
3processing. The course and shall consist of at least 4 hours of
4instruction and an examination which tests reading skills,
5ability to work with poll lists, ability to add and knowledge
6of election laws governing the operation of polling places.
7    Such course shall be conducted at least once after the day
8the report of the selection of election judges is filed in the
9circuit court, but before the day fixed by the court for
10confirmation of such selection, and once as soon as
11practicable after the day fixed by the court for such
12confirmation. Every person reported as selected to be an
13election judge shall be notified in good time of the place and
14time each such course is to be conducted. All such persons may
15attend such course and, upon satisfactory completion thereof,
16shall be entitled to a certificate of such completion.
17    Not later than March 1, 1981 the election authorities
18shall also conduct special training courses for election
19judges concerning the administration of the nonpartisan and
20consolidated elections. The State shall reimburse each county
21and each municipality under the jurisdiction of a board of
22election commissioners (except in municipalities with a
23population of more than 500,000) for the payment of a $10
24stipend to each judge of election for attendance at such
25special training course.
26(Source: P.A. 81-1535.)
 

 

 

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1    (10 ILCS 5/14-4.1)  (from Ch. 46, par. 14-4.1)
2    Sec. 14-4.1. The Board of Election Commissioners shall
3establish a training course for judges of election. The
4training course shall incorporate training materials and
5guidelines provided by the State Board of Elections. The
6curriculum of such course shall be approved by the Board. A
7suitable certificate shall be issued by the Board to each
8student upon his satisfactory completion of the course.
9    Such course may be established jointly with a course in
10the county established as provided in Section 13-2.1 of this
11Act.
12    Such course shall be conducted in the manner provided by
13Section 13-2.2 of this Act.
14(Source: Laws 1961, p. 3399.)
 
15    (10 ILCS 5/17-22)  (from Ch. 46, par. 17-22)
16    Sec. 17-22. The judges of election shall make the tally
17sheet and certificate of results in triplicate. If, however,
18the number of established political parties, as defined in
19Section 10-2, exceeds 2, one additional copy shall be made for
20each established political party in excess of 2. One list of
21voters, or other proper return with such certificate written
22thereon, and accompanying tally sheet footed up so as to show
23the correct number of votes cast for each person voted for,
24shall be carefully enveloped and sealed up by the judges of

 

 

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1election, 2 of whom (one from each of the 2 major political
2parties) shall immediately deliver same to the county clerk,
3or his deputy, at the office of the county clerk, or to an
4officially designated receiving station established by the
5county clerk where a duly authorized representative of the
6county clerk shall receive said envelopes for immediate
7transmission to the office of county clerk, who shall safely
8keep them. If the delivery of these tally sheets to the office
9of county clerk is delayed more than 5 hours after the closing
10of the polls, the 2 designated judges (one from each of the 2
11major political parties) shall subscribe to a written
12affidavit explaining the delay. This affidavit shall be
13delivered, along with the tally sheets, to the office of the
14county clerk, who shall make it available to the general
15public on its public-facing website. The other certificates of
16results and accompanying tally sheet shall be carefully
17enveloped and sealed up and duly directed, respectively, to
18the chair of the county central committee of each then
19existing established political party, and by another of the
20judges of election deposited immediately in the nearest United
21States letter deposit. However, if any county chair notifies
22the county clerk not later than 10 days before the election of
23his desire to receive the envelope addressed to him at the
24point and at the time same are delivered to the county clerk,
25his deputy or receiving station designee the envelopes shall
26be delivered to such county chair or his designee immediately

 

 

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1upon receipt thereof by the county clerk, his deputy or his
2receiving station designee. The person or persons so
3designated by a county chair shall sign an official receipt
4acknowledging receipt of said envelopes. The poll book, and
5tally list, and affidavits filed with the county clerk shall
6be kept one year, and certified copies thereof shall be
7evidence in all courts, proceedings and election contests.
8Before the returns are sealed up, as aforesaid, the judges
9shall compare the tally papers, footings and certificates and
10see that they are correct and duplicates of each other, and
11certify to the correctness of the same.
12    At the consolidated election, the judges of election shall
13make a tally sheet and certificate of results for each
14political subdivision for which candidates or public questions
15are on the ballot at such election, and shall sign, seal in a
16marked envelope and deliver them to the county clerk with the
17other certificates of results herein required. Such tally
18sheets and certificates of results may be duplicates of the
19tally sheet and certificate of results otherwise required by
20this Section, showing all votes for all candidates and public
21questions voted for or upon in the precinct, or may be on
22separate forms prepared by the election authority and showing
23only those votes cast for candidates and public questions of
24each such political subdivision.
25    Within 2 days of delivery of complete returns of the
26consolidated election, the county clerk shall transmit an

 

 

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1original, sealed tally sheet and certificate of results from
2each precinct in his jurisdiction in which candidates or
3public questions of a political subdivision were on the ballot
4to the local election official of such political subdivision.
5Each local election official, within 24 hours of receipt of
6all of the tally sheets and certificates of results for all
7precincts in which candidates or public questions of his
8political subdivision were on the ballot, shall transmit such
9sealed tally sheets and certificates of results to the
10canvassing board for that political subdivision.
11    In the case of referenda for the formation of a political
12subdivision, the tally sheets and certificates of results
13shall be transmitted by the county clerk to the circuit court
14that ordered the proposition submitted or to the officials
15designated by the court to conduct the canvass of votes. In the
16case of school referenda for which a regional superintendent
17of schools is responsible for the canvass of votes, the county
18clerk shall transmit the tally sheets and certificates of
19results to the regional superintendent of schools.
20    Where voting machines or electronic voting systems are
21used, the provisions of this section may be modified as
22required or authorized by Article 24 or Article 24A, whichever
23is applicable.
24    Only judges appointed under the provisions of subsection
25(a) of Section 13-4 or subsection (b) of Section 14-1 may make
26any delivery required by this Section from judges of election

 

 

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1to a county clerk, or his or her deputy, at the office of the
2county clerk or to a county clerk's duly authorized
3representative at the county clerk's officially designated
4receiving station.
5(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
6    (10 ILCS 5/19-2.4 new)
7    Sec. 19-2.4. Processing procedures. No less than 120 days
8before a general election, a general primary election, or a
9consolidated election, an election authority with a
10public-facing website shall ensure that its vote by mail
11processing procedures are published on its public-facing
12website and accessible to the public.
 
13    (10 ILCS 5/19-8.5 new)
14    Sec. 19-8.5. Audit of vote by mail ballots arriving after
15election day. Vote by mail ballots received after the election
16are subject to audit by the State Board of Elections. The State
17Board of Elections shall audit 5% of election authorities,
18verifying that they are complying with the requirements
19contained in Section 1-9 and this Article for processing vote
20by mail ballots received after the close of the polls on
21election day. The State Board of Elections may, by rule,
22establish audit procedures and the percentage of such ballots
23to be audited. In determining the required percentage, the
24State Board of Elections may consider the size of the election

 

 

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1authority and the number of vote by mail ballots received by
2the election authority after the close of polls. The audit
3shall include, but not be limited to, the election authority's
4handling and processing procedures for vote by mail
5applications, vote by mail certification envelopes, and
6exterior vote by mail return envelopes for ballets returned
7after the close of the polls on election day. The State Board
8of Elections shall design a standard and scientific random
9method of selecting the election authorities that are to be
10audited so that every voting authority has an equal
11mathematical chance of being selected. The State central
12committee chair of each established political party shall be
13given prior written notice of the time and place of the random
14selection procedure and may be represented at the procedure.".