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




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1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17    authority's perceived need for new voting equipment, and
18    the costs associated with obtaining new equipment.
19Each election authority must publish the information submitted
20under this Section online.
21    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
22    Sec. 1A-8. The State Board of Elections shall exercise the



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1following powers and perform the following duties in addition
2to any powers or duties otherwise provided for by law:
3        (1) Assume all duties and responsibilities of the State
4    Electoral Board and the Secretary of State as heretofore
5    provided in this Code Act;
6        (2) Disseminate information to and consult with
7    election authorities concerning the conduct of elections
8    and registration in accordance with the laws of this State
9    and the laws of the United States;
10        (3) Furnish to each election authority prior to each
11    primary and general election and any other election it
12    deems necessary, a manual of uniform instructions
13    consistent with the provisions of this Code Act which shall
14    be used by election authorities in the preparation of the
15    official manual of instruction to be used by the judges of
16    election in any such election. In preparing such manual,
17    the State Board shall consult with representatives of the
18    election authorities throughout the State. The State Board
19    may provide separate portions of the uniform instructions
20    applicable to different election jurisdictions which
21    administer elections under different options provided by
22    law. The State Board may by regulation require particular
23    portions of the uniform instructions to be included in any
24    official manual of instructions published by election
25    authorities. Any manual of instructions published by any
26    election authority shall be identical with the manual of



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



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1    necessary, and to report violations of election laws to the
2    appropriate State's Attorney or the Attorney General;
3        (8) Recommend to the General Assembly legislation to
4    improve the administration of elections and registration;
5        (9) Adopt, amend or rescind rules and regulations in
6    the performance of its duties provided that all such rules
7    and regulations must be consistent with the provisions of
8    this Article 1A or issued pursuant to authority otherwise
9    provided by law;
10        (10) Determine the validity and sufficiency of
11    petitions filed under Article XIV, Section 3, of the
12    Constitution of the State of Illinois of 1970;
13        (11) Maintain in its principal office a research
14    library that includes, but is not limited to, abstracts of
15    votes by precinct for general primary elections and general
16    elections, current precinct maps and current precinct poll
17    lists from all election jurisdictions within the State. The
18    research library shall be open to the public during regular
19    business hours. Such abstracts, maps and lists shall be
20    preserved as permanent records and shall be available for
21    examination and copying at a reasonable cost;
22        (12) Supervise the administration of the registration
23    and election laws throughout the State;
24        (13) Obtain from the Department of Central Management
25    Services, under Section 405-250 of the Department of
26    Central Management Services Law (20 ILCS 405/405-250),



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1    such use of electronic data processing equipment as may be
2    required to perform the duties of the State Board of
3    Elections and to provide election-related information to
4    candidates, public and party officials, interested civic
5    organizations and the general public in a timely and
6    efficient manner;
7        (14) To take such action as may be necessary or
8    required to give effect to directions of the national
9    committee or State central committee of an established
10    political party under Sections 7-8, 7-11, and 7-14.1 or
11    such other provisions as may be applicable pertaining to
12    the selection of delegates and alternate delegates to an
13    established political party's national nominating
14    conventions or, notwithstanding any candidate
15    certification schedule contained within this the Election
16    Code, the certification of the Presidential and Vice
17    Presidential candidate selected by the established
18    political party's national nominating convention;
19        (15) To post all early voting sites separated by
20    election authority and hours of operation on its website at
21    least 5 business days before the period for early voting
22    begins; and
23        (16) To post on its website the statewide totals, and
24    totals separated by each election authority, for each of
25    the counts received pursuant to Section 1-9.2; and .
26        (17) To post on its website, in a downloadable format,



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1    the information received from each election authority
2    under Section 1-17.
3    The Board may by regulation delegate any of its duties or
4functions under this Article, except that final determinations
5and orders under this Article shall be issued only by the
7    The requirement for reporting to the General Assembly shall
8be satisfied by filing copies of the report with the Speaker,
9the Minority Leader, and the Clerk of the House of
10Representatives, and the President, the Minority Leader, and
11the Secretary of the Senate, and the Legislative Research Unit,
12as required by Section 3.1 of the General Assembly Organization
13Act "An Act to revise the law in relation to the General
14Assembly", approved February 25, 1874, as amended, and filing
15such additional copies with the State Government Report
16Distribution Center for the General Assembly as is required
17under paragraph (t) of Section 7 of the State Library Act.
18(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
19    (10 ILCS 5/1A-55 new)
20    Sec. 1A-55. Cyber security efforts. The Board shall adopt
21rules, after at least 2 public hearings of the Board and in
22consultation with election authorities, establishing a cyber
23navigator program to support election authorities' efforts to
24defend against cyber breaches and detect and recover from cyber
25attacks. The rules shall include the Board's plan to allocate



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1any resources received in accordance with the federal Help
2America Vote Act and provide that no less than half of any
3funds received under the federal Help America Vote Act shall be
4allocated to the cyber navigator program. The cyber navigator
5program shall be designed to provide equal support to all
6elections authorities with some modifications allowable based
7on need. The remaining half of the federal Help America Vote
8Act funds shall be distributed as the Board sees fit, but no
9grants may be made to election authorities that do not
10participate in the cyber navigator program managed by the
12    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
13    Sec. 19-3. The application for vote by mail ballot shall be
14substantially in the following form:
16    To be voted at the .... election in the County of .... and
17State of Illinois, in the .... precinct of the (1) *township of
18.... (2) *City of .... or (3) *.... ward in the City of ....
19    I state that I am a resident of the .... precinct of the
20(1) *township of .... (2) *City of .... or (3) *.... ward in
21the city of .... residing at .... in such city or town in the
22county of .... and State of Illinois; that I have lived at such
23address for .... month(s) last past; that I am lawfully
24entitled to vote in such precinct at the .... election to be
25held therein on ....; and that I wish to vote by vote by mail



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2    I hereby make application for an official ballot or ballots
3to be voted by me at such election, and I agree that I shall
4return such ballot or ballots to the official issuing the same
5prior to the closing of the polls on the date of the election
6or, if returned by mail, postmarked no later than election day,
7for counting no later than during the period for counting
8provisional ballots, the last day of which is the 14th day
9following election day.
10    I understand that this application is made for an official
11vote by mail ballot or ballots to be voted by me at the
12election specified in this application and that I must submit a
13separate application for an official vote by mail ballot or
14ballots to be voted by me at any subsequent election.
15    Under penalties as provided by law pursuant to Section
1629-10 of the Election Code, the undersigned certifies that the
17statements set forth in this application are true and correct.
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
22    However, if application is made for a primary election
23ballot, such application shall require the applicant to
24designate the name of the political party with which the
25applicant is affiliated.
26    If application is made electronically, the applicant shall



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1mark the box associated with the above described statement
2included as part of the online application certifying that the
3statements set forth in this application are true and correct,
4and a signature is not required.
5    Any person may produce, reproduce, distribute, or return to
6an election authority the application for vote by mail ballot.
7If applications are sent to a post office box controlled by any
8individual or organization that is not an election authority,
9those applications shall (i) include a valid and current phone
10number for the individual or organization controlling the post
11office box and (ii) be turned over to the appropriate election
12authority within 7 days of receipt or, if received within 2
13weeks of the election in which an applicant intends to vote,
14within 2 days of receipt. Failure to turn over the applications
15in compliance with this paragraph shall constitute a violation
16of this Code and shall be punishable as a petty offense with a
17fine of $100 per application. Removing, tampering with, or
18otherwise knowingly making the postmark on the application
19unreadable by the election authority shall establish a
20rebuttable presumption of a violation of this paragraph. Upon
21receipt, the appropriate election authority shall accept and
22promptly process any application for vote by mail ballot
23submitted in a form substantially similar to that required by
24this Section, including any substantially similar production
25or reproduction generated by the applicant.
26(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;



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199-522, eff. 6-30-16.)
2    Section 99. Effective date. This Act takes effect upon
3becoming law.