Illinois General Assembly - Full Text of Public Act 100-0623
Illinois General Assembly

Previous General Assemblies

Public Act 100-0623


Public Act 0623 100TH GENERAL ASSEMBLY



Public Act 100-0623
SB2651 EnrolledLRB100 17081 RJF 32232 b

    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 adding Sections
1-17 and 1A-55 and by changing Sections 1A-8 and 19-3 as
    (10 ILCS 5/1-17 new)
    Sec. 1-17. Election authority voting equipment
information. Every 2 years, each election authority shall
submit information on the voting equipment used within the
jurisdiction of the election authority to the State Board of
Elections. The information must include:
        (1) the age and functionality of each item of voting
    equipment; and
        (2) a formal letter containing a general description of
    the status of the voting equipment, the election
    authority's perceived need for new voting equipment, and
    the costs associated with obtaining new equipment.
Each election authority must publish the information submitted
under this Section online.
    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
    Sec. 1A-8. The State Board of Elections shall exercise the
following powers and perform the following duties in addition
to any powers or duties otherwise provided for by law:
        (1) Assume all duties and responsibilities of the State
    Electoral Board and the Secretary of State as heretofore
    provided in this Code Act;
        (2) Disseminate information to and consult with
    election authorities concerning the conduct of elections
    and registration in accordance with the laws of this State
    and the laws of the United States;
        (3) Furnish to each election authority prior to each
    primary and general election and any other election it
    deems necessary, a manual of uniform instructions
    consistent with the provisions of this Code Act which shall
    be used by election authorities in the preparation of the
    official manual of instruction to be used by the judges of
    election in any such election. In preparing such manual,
    the State Board shall consult with representatives of the
    election authorities throughout the State. The State Board
    may provide separate portions of the uniform instructions
    applicable to different election jurisdictions which
    administer elections under different options provided by
    law. The State Board may by regulation require particular
    portions of the uniform instructions to be included in any
    official manual of instructions published by election
    authorities. Any manual of instructions published by any
    election authority shall be identical with the manual of
    uniform instructions issued by the Board, but may be
    adapted by the election authority to accommodate special or
    unusual local election problems, provided that all manuals
    published by election authorities must be consistent with
    the provisions of this Code Act in all respects and must
    receive the approval of the State Board of Elections prior
    to publication; provided further that if the State Board
    does not approve or disapprove of a proposed manual within
    60 days of its submission, the manual shall be deemed
        (4) Prescribe and require the use of such uniform
    forms, notices, and other supplies not inconsistent with
    the provisions of this Code Act as it shall deem advisable
    which shall be used by election authorities in the conduct
    of elections and registrations;
        (5) Prepare and certify the form of ballot for any
    proposed amendment to the Constitution of the State of
    Illinois, or any referendum to be submitted to the electors
    throughout the State or, when required to do so by law, to
    the voters of any area or unit of local government of the
        (6) Require such statistical reports regarding the
    conduct of elections and registration from election
    authorities as may be deemed necessary;
        (7) Review and inspect procedures and records relating
    to conduct of elections and registration as may be deemed
    necessary, and to report violations of election laws to the
    appropriate State's Attorney or the Attorney General;
        (8) Recommend to the General Assembly legislation to
    improve the administration of elections and registration;
        (9) Adopt, amend or rescind rules and regulations in
    the performance of its duties provided that all such rules
    and regulations must be consistent with the provisions of
    this Article 1A or issued pursuant to authority otherwise
    provided by law;
        (10) Determine the validity and sufficiency of
    petitions filed under Article XIV, Section 3, of the
    Constitution of the State of Illinois of 1970;
        (11) Maintain in its principal office a research
    library that includes, but is not limited to, abstracts of
    votes by precinct for general primary elections and general
    elections, current precinct maps and current precinct poll
    lists from all election jurisdictions within the State. The
    research library shall be open to the public during regular
    business hours. Such abstracts, maps and lists shall be
    preserved as permanent records and shall be available for
    examination and copying at a reasonable cost;
        (12) Supervise the administration of the registration
    and election laws throughout the State;
        (13) Obtain from the Department of Central Management
    Services, under Section 405-250 of the Department of
    Central Management Services Law (20 ILCS 405/405-250),
    such use of electronic data processing equipment as may be
    required to perform the duties of the State Board of
    Elections and to provide election-related information to
    candidates, public and party officials, interested civic
    organizations and the general public in a timely and
    efficient manner;
        (14) To take such action as may be necessary or
    required to give effect to directions of the national
    committee or State central committee of an established
    political party under Sections 7-8, 7-11, and 7-14.1 or
    such other provisions as may be applicable pertaining to
    the selection of delegates and alternate delegates to an
    established political party's national nominating
    conventions or, notwithstanding any candidate
    certification schedule contained within this the Election
    Code, the certification of the Presidential and Vice
    Presidential candidate selected by the established
    political party's national nominating convention;
        (15) To post all early voting sites separated by
    election authority and hours of operation on its website at
    least 5 business days before the period for early voting
    begins; and
        (16) To post on its website the statewide totals, and
    totals separated by each election authority, for each of
    the counts received pursuant to Section 1-9.2; and .
        (17) To post on its website, in a downloadable format,
    the information received from each election authority
    under Section 1-17.
    The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations
and orders under this Article shall be issued only by the
    The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report with the Speaker,
the Minority Leader, and the Clerk of the House of
Representatives, and the President, the Minority Leader, and
the Secretary of the Senate, and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly Organization
Act "An Act to revise the law in relation to the General
Assembly", approved February 25, 1874, as amended, and filing
such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
    (10 ILCS 5/1A-55 new)
    Sec. 1A-55. Cyber security efforts. The Board shall adopt
rules, after at least 2 public hearings of the Board and in
consultation with election authorities, establishing a cyber
navigator program to support election authorities' efforts to
defend against cyber breaches and detect and recover from cyber
attacks. The rules shall include the Board's plan to allocate
any resources received in accordance with the federal Help
America Vote Act and provide that no less than half of any
funds received under the federal Help America Vote Act shall be
allocated to the cyber navigator program. The cyber navigator
program shall be designed to provide equal support to all
elections authorities with some modifications allowable based
on need. The remaining half of the federal Help America Vote
Act funds shall be distributed as the Board sees fit, but no
grants may be made to election authorities that do not
participate in the cyber navigator program managed by the
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
    Sec. 19-3. The application for vote by mail ballot shall be
substantially in the following form:
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by vote by mail
    I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than election day,
for counting no later than during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
    I understand that this application is made for an official
vote by mail ballot or ballots to be voted by me at the
election specified in this application and that I must submit a
separate application for an official vote by mail ballot or
ballots to be voted by me at any subsequent election.
    Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
    However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the
applicant is affiliated.
    If application is made electronically, the applicant shall
mark the box associated with the above described statement
included as part of the online application certifying that the
statements set forth in this application are true and correct,
and a signature is not required.
    Any person may produce, reproduce, distribute, or return to
an election authority the application for vote by mail ballot.
If applications are sent to a post office box controlled by any
individual or organization that is not an election authority,
those applications shall (i) include a valid and current phone
number for the individual or organization controlling the post
office box and (ii) be turned over to the appropriate election
authority within 7 days of receipt or, if received within 2
weeks of the election in which an applicant intends to vote,
within 2 days of receipt. Failure to turn over the applications
in compliance with this paragraph shall constitute a violation
of this Code and shall be punishable as a petty offense with a
fine of $100 per application. Removing, tampering with, or
otherwise knowingly making the postmark on the application
unreadable by the election authority shall establish a
rebuttable presumption of a violation of this paragraph. Upon
receipt, the appropriate election authority shall accept and
promptly process any application for vote by mail ballot
submitted in a form substantially similar to that required by
this Section, including any substantially similar production
or reproduction generated by the applicant.
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
99-522, eff. 6-30-16.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/20/2018