Full Text of HB4653 99th General Assembly
HB4653 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4653 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/20-2 | from Ch. 46, par. 20-2 | 10 ILCS 5/20-2.1 | from Ch. 46, par. 20-2.1 | 10 ILCS 5/20-2.2 | from Ch. 46, par. 20-2.2 | 10 ILCS 5/20-2.3 | from Ch. 46, par. 20-2.3 | 10 ILCS 5/20-8 | from Ch. 46, par. 20-8 |
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Amends the Election Code. Provides that specified vote by mail ballots must be returned postmarked no later than midnight on election day (rather than midnight on the day preceding election day). Effective immediately.
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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 20-2, 20-2.1, 20-2.2, 20-2.3, and 20-8 as follows:
| 6 | | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| 7 | | Sec. 20-2. Any member of the United States Service, | 8 | | otherwise qualified
to vote, who expects in the course of his | 9 | | duties to be absent from the
county in which he resides on the | 10 | | day of holding any election may make
application for a vote by | 11 | | mail ballot to the election authority having
jurisdiction over | 12 | | his precinct of residence on the official postcard or on
a form | 13 | | furnished by the election authority as prescribed by Section | 14 | | 20-3 of
this Article not less than 10 days before the election. | 15 | | A request pursuant
to this Section shall entitle the applicant | 16 | | to a vote by mail ballot for every
election in one calendar | 17 | | year. The original application for ballot shall be
kept in the | 18 | | office of the election authority for one year as authorization
| 19 | | to send a ballot to the voter for each election to be held | 20 | | within that
calendar year. A certified copy of such application | 21 | | for ballot shall be
sent each election with the vote by mail | 22 | | ballot to the election authority's central ballot counting | 23 | | location to be used
in lieu of the original application for |
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| 1 | | ballot. No registration shall be
required in order to vote | 2 | | pursuant to this Section.
| 3 | | Ballots under this Section shall be mailed by the election | 4 | | authority in
the manner prescribed by Section 20-5 of this | 5 | | Article and not otherwise.
Ballots voted under this Section | 6 | | must be returned postmarked no later than midnight on preceding | 7 | | election day and received for counting at the central ballot | 8 | | counting location of the election authority during the period | 9 | | for counting provisional ballots, the last day of which is the | 10 | | 14th day following election day.
| 11 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 12 | | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| 13 | | Sec. 20-2.1. Citizens of the United States temporarily | 14 | | residing outside
the territorial limits of the United States | 15 | | who are not registered but
otherwise qualified to vote and who | 16 | | expect to be absent from their county
of residence during the | 17 | | periods of voter registration provided for in
Articles 4, 5 or | 18 | | 6 of this Code and on the day of holding any election, may
make | 19 | | simultaneous application to the election authority having | 20 | | jurisdiction
over their precinct of residence for registration | 21 | | by mail and vote by mail
ballot not less than 30 days before | 22 | | the election. Such application may be
made on the official | 23 | | postcard or on a form furnished by the election
authority as | 24 | | prescribed by Section 20-3 of this Article or by facsimile or | 25 | | electronic transmission. A request pursuant
to this Section |
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| 1 | | shall entitle the applicant to a vote by mail ballot for every
| 2 | | election in one calendar year. The original application for | 3 | | ballot shall be
kept in the office of the election authority | 4 | | for one year as authorization
to send a ballot to the voter for | 5 | | each election to be held within that
calendar year. A certified | 6 | | copy of such application for ballot shall be
sent each election | 7 | | with the vote by mail ballot to the election authority's | 8 | | central ballot counting location to be used
in lieu of the | 9 | | original application for ballot.
| 10 | | Registration shall be required in order to vote pursuant to | 11 | | this Section.
However, if the election authority receives one | 12 | | of such applications after
30 days but not less than 10 days | 13 | | before a Federal election, said applicant
shall be sent a | 14 | | ballot containing the Federal offices only and registration
for | 15 | | that election shall be waived.
| 16 | | Ballots under this Section shall be delivered by the | 17 | | election authority in
the manner prescribed by Section 20-5 of | 18 | | this Article in person, by mail, or, if requested by the | 19 | | applicant and the election authority has the capability, by | 20 | | facsimile transmission or by electronic transmission.
| 21 | | Ballots voted under this Section must be returned | 22 | | postmarked no later than midnight on preceding election day and | 23 | | received for counting at the central ballot counting location | 24 | | of the election authority during the period for counting | 25 | | provisional ballots, the last day of which is the 14th day | 26 | | following election day.
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| 1 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 2 | | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| 3 | | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | 4 | | qualified to
vote, may make application to the election | 5 | | authority having jurisdiction
over his precinct of former | 6 | | residence for a vote by mail ballot containing
the Federal | 7 | | offices only not less than 10 days before a Federal election.
| 8 | | Such application may be made on the official postcard or by | 9 | | facsimile or electronic transmission. A request
pursuant to | 10 | | this Section shall entitle the applicant to a vote by mail | 11 | | ballot
for every election in one calendar year at which Federal | 12 | | offices are
filled. The original application for ballot shall | 13 | | be kept in the office of
the election authority for one year as | 14 | | authorization to send a ballot to
the voter for each election | 15 | | to be held within that calendar year at which
Federal offices | 16 | | are filled. A certified copy of such application for
ballot | 17 | | shall be sent each election with the vote by mail ballot to the | 18 | | election authority's central ballot counting location to be | 19 | | used in lieu of the original application for ballot.
No | 20 | | registration shall be required in order to vote pursuant to | 21 | | this Section.
Ballots under this Section shall be delivered by | 22 | | the election authority in
the manner prescribed by Section 20-5 | 23 | | of this Article in person, by mail, or, if requested by the | 24 | | applicant and the election authority has the capability, by | 25 | | facsimile transmission or by electronic transmission.
Ballots |
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| 1 | | voted under this Section must be returned postmarked no later | 2 | | than midnight on preceding election day and received for | 3 | | counting at the central ballot counting location of the | 4 | | election authority during the period for counting provisional | 5 | | ballots, the last day of which is the 14th day following | 6 | | election day.
| 7 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 8 | | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
| 9 | | Sec. 20-2.3. Members of the Armed Forces and their spouses | 10 | | and dependents. Any member of the United
States Armed Forces | 11 | | while on active duty, and his or her spouse and dependents, | 12 | | otherwise qualified to vote, who
expects in the course of his | 13 | | or her duties to be absent from the county in
which he or she | 14 | | resides on the day of holding any election, in addition to any
| 15 | | other method of making application for vote by mail ballot | 16 | | under this
Article, may make application for a vote by mail | 17 | | ballot to the election
authority having jurisdiction over his | 18 | | or her precinct of residence by a
facsimile machine or | 19 | | electronic transmission not less than 10 days before
the | 20 | | election.
| 21 | | Ballots under this Section shall be delivered by the | 22 | | election authority in
the manner prescribed by Section 20-5 of | 23 | | this Article in person, by mail, or, if requested by the | 24 | | applicant and the election authority has the capability, by | 25 | | facsimile transmission or by electronic transmission.
Ballots |
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| 1 | | voted under this Section must be returned postmarked no later | 2 | | than midnight on preceding election day and received for | 3 | | counting at the central ballot counting location of the | 4 | | election authority during the period for counting provisional | 5 | | ballots, the last day of which is the 14th day following | 6 | | election day.
| 7 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 8 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 9 | | Sec. 20-8. Time and place of counting ballots. | 10 | | (a) (Blank.) | 11 | | (b) Each vote by mail voter's ballot returned to an | 12 | | election authority, by any means authorized by this Article, | 13 | | and received by that election authority may be processed by the | 14 | | election authority beginning on the 15th day before election | 15 | | day in the central ballot counting location of the election | 16 | | authority, but the results of the processing may not be counted | 17 | | until the day of the election after 7:00 p.m., except as | 18 | | provided in subsections (g) and (g-5).
| 19 | | (c) Each vote by mail voter's ballot that is mailed to an | 20 | | election authority and postmarked no later than election day, | 21 | | but that is received by the election authority after the polls | 22 | | close on election day and before the close of the period for | 23 | | counting provisional ballots cast at that election, shall be | 24 | | endorsed by the receiving authority with the day and hour of | 25 | | receipt and shall be counted at the central ballot counting |
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| 1 | | location of the election authority during the period for | 2 | | counting provisional ballots. | 3 | | Each vote by mail voter's ballot that is mailed to an | 4 | | election authority absent a postmark, but that is received by | 5 | | the election authority after the polls close on election day | 6 | | and before the close of the period for counting provisional | 7 | | ballots cast at that election, shall be endorsed by the | 8 | | receiving authority with the day and hour of receipt, opened to | 9 | | inspect the date inserted on the certification, and, if the | 10 | | certification date is a date preceding the election day and the | 11 | | ballot is otherwise found to be valid under the requirements of | 12 | | this Section, counted at the central ballot counting location | 13 | | of the election authority during the period for counting | 14 | | provisional ballots. Absent a date on the certification, the | 15 | | ballot shall not be counted.
| 16 | | (d) Special write-in vote by mail voter's blank ballots | 17 | | returned to an election authority, by any means authorized by | 18 | | this Article, and received by the election authority at any | 19 | | time before the closing of the polls on election day shall be | 20 | | endorsed by the receiving election authority with the day and | 21 | | hour of receipt and shall be counted at the central ballot | 22 | | counting location of the election authority during the same | 23 | | period provided for counting vote by mail voters' ballots under | 24 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 25 | | voter's blank ballot that are mailed to an election authority | 26 | | and postmarked by midnight preceding the opening of the polls |
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| 1 | | on election day, but that are received by the election | 2 | | authority after the polls close on election day and before the | 3 | | closing of the period for counting provisional ballots cast at | 4 | | that election, shall be endorsed by the receiving authority | 5 | | with the day and hour of receipt and shall be counted at the | 6 | | central ballot counting location of the election authority | 7 | | during the same periods provided for counting vote by mail | 8 | | voters' ballots under subsection (c).
| 9 | | (e) Except as otherwise provided in this Section, vote by | 10 | | mail voters' ballots and special write-in vote by mail voter's | 11 | | blank ballots received by the election authority after the | 12 | | closing of the polls on the day of election shall be
endorsed | 13 | | by the person receiving the ballots with the day and hour of
| 14 | | receipt and shall be safely kept unopened by the election | 15 | | authority for
the period of time required for the preservation | 16 | | of ballots used at the
election, and shall then, without being | 17 | | opened, be destroyed in like
manner as the used ballots of that | 18 | | election.
| 19 | | (f) Counting required under this Section to begin on | 20 | | election day after the closing of the polls shall commence no | 21 | | later than 8:00 p.m. and shall be conducted
by a panel or | 22 | | panels of election judges appointed in the manner provided
by | 23 | | law. The counting shall continue until all vote by mail voters' | 24 | | ballots and special write-in vote by mail voter's blank ballots | 25 | | required to be counted on election day have been 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 ballot subject to this Article | 3 | | is received, but in all cases before the close of the period | 4 | | for counting provisional ballots, the election judge or | 5 | | official shall compare the voter's signature on the | 6 | | certification envelope of that 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 voter is otherwise qualified to cast a | 10 | | ballot under this Article, the election authority shall cast | 11 | | and count the ballot on election day or the day the ballot is | 12 | | determined to be valid, whichever is later, adding the results | 13 | | to the precinct in which the voter is registered. If the | 14 | | election judge or official determines that the signatures do | 15 | | not match, or that the voter is not qualified to cast a ballot | 16 | | under this Article, then without opening the certification | 17 | | envelope, the judge or official shall mark across the face of | 18 | | the certification envelope the word "Rejected" and shall not | 19 | | cast or count the ballot. | 20 | | In addition to the voter's signatures not matching, a | 21 | | ballot subject to this Article may be rejected by the election | 22 | | judge or 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 ballot subject to this Article is rejected by | 9 | | the election judge or official for any reason, the election | 10 | | authority shall, within 2 days after the rejection but in all | 11 | | cases before the close of the period for counting provisional | 12 | | ballots, notify the voter that his or her ballot was rejected. | 13 | | The notice shall inform the voter of the reason or reasons the | 14 | | ballot was rejected and shall state that the voter may appear | 15 | | before the election authority, on or before the 14th day after | 16 | | the election, to show cause as to why the ballot should not be | 17 | | rejected. The voter may present evidence to the election | 18 | | authority supporting his or her contention that the ballot | 19 | | should be counted. The election authority shall appoint a panel | 20 | | of 3 election judges to review the contested ballot, | 21 | | application, and certification envelope, as well as any | 22 | | evidence submitted by the vote by mail voter. No more than 2 | 23 | | election judges on the reviewing panel shall be of the same | 24 | | political party. The reviewing panel of election judges shall | 25 | | make a final determination as to the validity of the contested | 26 | | ballot. The judges' determination shall not be reviewable |
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| 1 | | either administratively or judicially. | 2 | | A ballot subject to this subsection that is determined to | 3 | | be valid shall be counted before the close of the period for | 4 | | counting provisional ballots. | 5 | | (g-10) All ballots determined to be valid shall be added to | 6 | | the vote totals for the precincts for which they were cast in | 7 | | 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 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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