Full Text of HB2459 102nd General Assembly
HB2459 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2459 Introduced 2/19/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/19-3 | from Ch. 46, par. 19-3 | 10 ILCS 5/19-8 | from Ch. 46, par. 19-8 | 10 ILCS 5/20-2 | from Ch. 46, par. 20-2 | 10 ILCS 5/20-2.1 | from Ch. 46, par. 20-2.1 |
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Amends the Election Code. Requires a vote by mail ballot to be postmarked 3 days before election day (rather than by election day) to be counted. Requires a ballot that is mailed using an intelligent mail barcode tracking system to an election authority absent a postmark be counted if the intelligent mail barcode tracking system verifies the envelope was mailed no later than 3 days before election day (rather than by election day). Makes conforming changes throughout the Code.
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| | A BILL FOR |
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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 19-3, 19-8, 20-2, and 20-2.1 as follows: | 6 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 7 | | Sec. 19-3. The
application for vote by mail ballot shall | 8 | | be substantially in the
following form: | 9 | | APPLICATION FOR VOTE BY MAIL BALLOT | 10 | | To be voted at the .... election in the County of .... and | 11 | | State of
Illinois, in the .... precinct of the (1) *township of | 12 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 13 | | I state that I am a resident of the .... precinct of the | 14 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 15 | | the city of
.... residing at .... in such city or town in the | 16 | | county of .... and
State of Illinois; that I have lived at such | 17 | | address for .... month(s)
last past; that I am lawfully | 18 | | entitled to vote in such precinct at the
.... election to be | 19 | | held therein on ....; and that I wish to vote by vote by mail | 20 | | ballot. | 21 | | I hereby make application for an official ballot or | 22 | | ballots to be
voted by me at such election, and I agree that I | 23 | | shall return such ballot or ballots to the
official issuing |
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| 1 | | the same prior to the closing of the polls on the date
of the | 2 | | election or, if returned by mail, postmarked no later than 3 | 3 | | days before election day, for counting no later than during | 4 | | the period for counting provisional ballots, the last day of | 5 | | which is the 14th day following election day. | 6 | | I understand that this application is made for an official | 7 | | vote by mail ballot or ballots to be voted by me at the | 8 | | election specified in this application and that I must submit | 9 | | a separate application for an official vote by mail ballot or | 10 | | ballots to be voted by me at any subsequent election. | 11 | | Under penalties as provided by law pursuant to Section | 12 | | 29-10 of the
Election Code, the undersigned certifies that the | 13 | | statements set forth
in this application are true and correct. | 14 | | .... | 15 | | *fill in either (1), (2) or (3). | 16 | | Post office address to which ballot is mailed: | 17 | | ............... | 18 | | However, if application is made for a primary election | 19 | | ballot, such
application shall require the applicant to | 20 | | designate the name of the political party with which
the | 21 | | applicant is affiliated. | 22 | | If application is made electronically, the applicant shall | 23 | | mark the box associated with the above described statement | 24 | | included as part of the online application certifying that the | 25 | | statements set forth in this application are true and correct, | 26 | | and a signature is not required. |
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| 1 | | Any person may produce, reproduce, distribute, or return | 2 | | to an election authority the application for vote by mail | 3 | | ballot. If applications are sent to a post office box | 4 | | controlled by any individual or organization that is not an | 5 | | election authority, those applications shall (i) include a | 6 | | valid and current phone number for the individual or | 7 | | organization controlling the post office box and (ii) be | 8 | | turned over to the appropriate election authority within 7 | 9 | | days of receipt or, if received within 2 weeks of the election | 10 | | in which an applicant intends to vote, within 2 days of | 11 | | receipt. Failure to turn over the applications in compliance | 12 | | with this paragraph shall constitute a violation of this Code | 13 | | and shall be punishable as a petty offense with a fine of $100 | 14 | | per application. Removing, tampering with, or otherwise | 15 | | knowingly making the postmark on the application unreadable by | 16 | | the election authority shall establish a rebuttable | 17 | | presumption of a violation of this paragraph. Upon receipt, | 18 | | the appropriate election authority shall accept and promptly | 19 | | process any application for vote by mail ballot submitted in a | 20 | | form substantially similar to that required by this Section, | 21 | | including any substantially similar production or reproduction | 22 | | generated by the applicant. | 23 | | (Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)
| 24 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 25 | | Sec. 19-8. Time and place of counting ballots. |
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| 1 | | (a) (Blank.) | 2 | | (b) Each vote by mail voter's ballot returned to an | 3 | | election authority, by any means authorized by this Article, | 4 | | and received by that election authority before the closing of | 5 | | the polls on election day shall be endorsed by the receiving | 6 | | election authority with the day and hour of receipt and may be | 7 | | processed by the election authority beginning on the day it is | 8 | | received by the election authority in the central ballot | 9 | | counting location of the election authority, but the results | 10 | | of the processing may not be counted until the day of the | 11 | | election after 7:00 p.m., except as provided in subsections | 12 | | (g) and (g-5).
| 13 | | (c) Each vote by mail voter's ballot that is mailed to an | 14 | | election authority and postmarked no later than 3 days before | 15 | | election day, but that is received by the election authority | 16 | | after the polls close on election day and before the close of | 17 | | the period for counting provisional ballots cast at that | 18 | | election, shall be endorsed by the receiving authority with | 19 | | the day and hour of receipt and shall be counted at the central | 20 | | ballot counting location of the election authority during the | 21 | | period for counting provisional ballots. | 22 | | Each vote by mail voter's ballot that is mailed to an | 23 | | election authority absent a postmark or a barcode usable with | 24 | | an intelligent mail barcode tracking system, but that is | 25 | | received by the election authority after the polls close on | 26 | | election day and before the close of the period for counting |
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| 1 | | provisional ballots cast at that election, shall be endorsed | 2 | | by the receiving authority with the day and hour of receipt, | 3 | | opened to inspect the date inserted on the certification, and, | 4 | | if the certification date is election day or earlier and the | 5 | | ballot is otherwise found to be valid under the requirements | 6 | | of this Section, counted at the central ballot counting | 7 | | location of the election authority during the period for | 8 | | counting provisional ballots. Absent a date on the | 9 | | certification, the ballot shall not be counted.
| 10 | | If an election authority is using an intelligent mail | 11 | | barcode tracking system, a ballot that is mailed to an | 12 | | election authority absent a postmark may be counted if the | 13 | | intelligent mail barcode tracking system verifies the envelope | 14 | | was mailed no later than 3 days before election day. | 15 | | (d) Special write-in vote by mail voter's blank ballots | 16 | | returned to an election authority, by any means authorized by | 17 | | this Article, and received by the election authority at any | 18 | | time before the closing of the polls on election day shall be | 19 | | endorsed by the receiving election authority with the day and | 20 | | hour of receipt and shall be counted at the central ballot | 21 | | counting location of the election authority during the same | 22 | | period provided for counting vote by mail voters' ballots | 23 | | under subsections (b), (g), and (g-5). Special write-in vote | 24 | | by mail voter's blank ballots that are mailed to an election | 25 | | authority and postmarked no later than 3 days before election | 26 | | day, but that are received by the election authority after the |
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| 1 | | polls close on election day and before the closing of the | 2 | | period for counting provisional ballots cast at that election, | 3 | | shall be endorsed by the receiving authority with the day and | 4 | | hour of receipt and shall be counted at the central ballot | 5 | | counting location of the election authority during the same | 6 | | periods provided for counting vote by mail voters' ballots | 7 | | under subsection (c). | 8 | | (e) Except as otherwise provided in this Section, vote by | 9 | | mail voters' ballots and special write-in vote by mail voter's | 10 | | blank ballots received by the election authority after the | 11 | | closing of the polls on an
election day shall be endorsed by | 12 | | the election authority receiving them
with the day and hour of | 13 | | receipt and shall be safely kept unopened by the
election | 14 | | authority for the period of time required for the preservation | 15 | | of
ballots used at the election, and shall then, without being | 16 | | opened, be
destroyed in like manner as the used ballots of that | 17 | | election.
| 18 | | (f) Counting required under this Section to begin on | 19 | | election day after the closing of the polls shall commence no | 20 | | later than 8:00 p.m. and shall be conducted
by a panel or | 21 | | panels of election judges appointed in the manner provided
by | 22 | | law. The counting shall continue until all vote by mail | 23 | | voters' ballots and special write-in vote by mail voter's | 24 | | blank ballots required to be counted on election day have been | 25 | | counted.
| 26 | | (g) The procedures set forth in Articles 17 and
18 of this |
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| 1 | | Code shall apply to all ballots counted under
this Section. In | 2 | | addition, within 2 days after a vote by mail ballot is | 3 | | received, but in all cases before the close of the period for | 4 | | counting provisional ballots, the election judge or official | 5 | | shall compare the voter's signature on the certification | 6 | | envelope of that vote by mail ballot with the signature of the | 7 | | voter on file in the office of the election authority. If the | 8 | | election judge or official determines that the 2 signatures | 9 | | match, and that the vote by mail voter is otherwise qualified | 10 | | to cast a vote by mail ballot, the election authority shall | 11 | | cast and count the ballot on election day or the day the ballot | 12 | | is determined to be valid, whichever is later, adding the | 13 | | results to the precinct in which the voter is registered. If | 14 | | the election judge or official determines that the signatures | 15 | | do not match, or that the vote by mail voter is not qualified | 16 | | to cast a vote by mail ballot, then without opening the | 17 | | certification envelope, the judge or official shall mark | 18 | | across the face of the certification envelope the word | 19 | | "Rejected" and shall not cast or count the ballot. | 20 | | In addition to the voter's signatures not matching, a vote | 21 | | by mail ballot may be rejected by the election judge or | 22 | | official: | 23 | | (1) if the ballot envelope is open or has been opened | 24 | | and resealed; | 25 | | (2) if the voter has already cast an early or grace | 26 | | period ballot; |
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| 1 | | (3) if the voter voted in person on election day or the | 2 | | voter is not a duly registered voter in the precinct; or | 3 | | (4) on any other basis set forth in this Code. | 4 | | If the election judge or official determines that any of | 5 | | these reasons apply, the judge or official shall mark across | 6 | | the face of the certification envelope the word "Rejected" and | 7 | | shall not cast or count the ballot.
| 8 | | (g-5) If a vote by mail ballot is rejected by the election | 9 | | judge or official for any reason, the election authority | 10 | | shall, within 2 days after the rejection but in all cases | 11 | | before the close of the period for counting provisional | 12 | | ballots, notify the vote by mail voter that his or her ballot | 13 | | was rejected. The notice shall inform the voter of the reason | 14 | | or reasons the ballot was rejected and shall state that the | 15 | | voter may appear before the election authority, on or before | 16 | | the 14th day after the election, to show cause as to why the | 17 | | ballot should not be rejected. The voter may present evidence | 18 | | to the election authority supporting his or her contention | 19 | | that the ballot should be counted. The election authority | 20 | | shall appoint a panel of 3 election judges to review the | 21 | | contested ballot, application, and certification envelope, as | 22 | | well as any evidence submitted by the vote by mail voter. No | 23 | | more than 2 election judges on the reviewing panel shall be of | 24 | | the same political party. The reviewing panel of election | 25 | | judges shall make a final determination as to the validity of | 26 | | the contested vote by mail ballot. The judges' determination |
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| 1 | | shall not be reviewable either administratively or judicially. | 2 | | A vote by mail ballot subject to this subsection that is | 3 | | determined to be valid shall be counted before the close of the | 4 | | period for counting provisional ballots.
| 5 | | (g-10) All vote by mail ballots determined to be valid | 6 | | shall be added to the vote totals for the precincts for which | 7 | | they were cast in the order in which the ballots were opened.
| 8 | | (h) Each political party, candidate, and qualified civic | 9 | | organization shall be entitled to have present one pollwatcher | 10 | | for each panel of election judges therein assigned.
| 11 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| 12 | | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| 13 | | Sec. 20-2. Any member of the United States Service, | 14 | | otherwise qualified
to vote, who expects in the course of his | 15 | | duties to be absent from the
county in which he resides on the | 16 | | day of holding any election may make
application for a vote by | 17 | | mail ballot to the election authority having
jurisdiction over | 18 | | his precinct of residence on the official postcard or on
a form | 19 | | furnished by the election authority as prescribed by Section | 20 | | 20-3 of
this Article not less than 10 days before the election. | 21 | | A request pursuant
to this Section shall entitle the applicant | 22 | | to a vote by mail ballot for every
election in one calendar | 23 | | year. The original application for ballot shall be
kept in the | 24 | | office of the election authority for one year as authorization
| 25 | | to send a ballot to the voter for each election to be held |
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| 1 | | within that
calendar year. A certified copy of such | 2 | | application for ballot shall be
sent each election with the | 3 | | vote by mail ballot to the election authority's central ballot | 4 | | counting location to be used
in lieu of the original | 5 | | application for ballot. No registration shall be
required in | 6 | | order to vote pursuant to this Section.
| 7 | | Ballots under this Section shall be mailed by the election | 8 | | authority in
the manner prescribed by Section 20-5 of this | 9 | | Article and not otherwise.
Ballots voted under this Section | 10 | | must be returned postmarked no later than 3 days before | 11 | | election day and received for counting at the central ballot | 12 | | counting location of the election authority during the period | 13 | | for counting provisional ballots, the last day of which is the | 14 | | 14th day following election day.
| 15 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| 16 | | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| 17 | | Sec. 20-2.1. Citizens of the United States temporarily | 18 | | residing outside
the territorial limits of the United States | 19 | | who are not registered but
otherwise qualified to vote and who | 20 | | expect to be absent from their county
of residence during the | 21 | | periods of voter registration provided for in
Articles 4, 5 or | 22 | | 6 of this Code and on the day of holding any election, may
make | 23 | | simultaneous application to the election authority having | 24 | | jurisdiction
over their precinct of residence for registration | 25 | | by mail and vote by mail
ballot not less than 30 days before |
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| 1 | | the election. Such application may be
made on the official | 2 | | postcard or on a form furnished by the election
authority as | 3 | | prescribed by Section 20-3 of this Article or by facsimile or | 4 | | electronic transmission. A request pursuant
to this Section | 5 | | shall entitle the applicant to a vote by mail ballot for every
| 6 | | election in one calendar year. The original application for | 7 | | ballot shall be
kept in the office of the election authority | 8 | | for one year as authorization
to send a ballot to the voter for | 9 | | each election to be held within that
calendar year. A | 10 | | certified copy of such application for ballot shall be
sent | 11 | | each election with the vote by mail ballot to the election | 12 | | authority's central ballot counting location to be used
in | 13 | | lieu of the original application for ballot.
| 14 | | Registration shall be required in order to vote pursuant | 15 | | to this Section.
However, if the election authority receives | 16 | | one of such applications after
30 days but not less than 10 | 17 | | days before a Federal election, said applicant
shall be sent a | 18 | | ballot containing the Federal offices only and registration
| 19 | | for that election shall be waived.
| 20 | | Ballots under this Section shall be delivered by the | 21 | | election authority in
the manner prescribed by Section 20-5 of | 22 | | this Article in person, by mail, or, if requested by the | 23 | | applicant and the election authority has the capability, by | 24 | | facsimile transmission or by electronic transmission.
| 25 | | Ballots voted under this Section must be returned | 26 | | postmarked no later than 3 days before election day and |
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| 1 | | received for counting at the central ballot counting location | 2 | | of the election authority during the period for counting | 3 | | provisional ballots, the last day of which is the 14th day | 4 | | following election day.
| 5 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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