Bill Text: IL HB0330 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Election Code. Eliminates the requirement that a voter declare party affiliation when voting at a primary election. Provides that the voter shall receive the primary ballot of each of the established political parties nominating candidates for office at the primary election but may cast a ballot of only one political party, except in certain cases involving statewide political parties and political parties established only within a political subdivision. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0330 Detail]

Download: Illinois-2017-HB0330-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0330

Introduced , by Rep. Scott Drury

SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/19-2.1 rep.

Amends the Election Code. Eliminates the requirement that a voter declare party affiliation when voting at a primary election. Provides that the voter shall receive the primary ballot of each of the established political parties nominating candidates for office at the primary election but may cast a ballot of only one political party, except in certain cases involving statewide political parties and political parties established only within a political subdivision. Effective immediately.
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A BILL FOR

HB0330LRB100 04210 MLM 14216 b
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 changing
5Sections 7-43, 7-44, 19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1,
620-3, 20-5, and 20-8 and by adding Sections 19-4.5 and 20-4.5
7as follows:
8 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
9 Sec. 7-43. Every person having resided in this State 6
10months and in the precinct 30 days next preceding any primary
11therein who shall be a citizen of the United States of the age
12of 18 or more years shall be entitled to vote at such primary.
13 The following regulations shall be applicable to
14primaries:
15 No person shall be entitled to vote at a primary:
16 (a) Unless he declares his party affiliations as
17 required by this Article.
18 (b) (Blank).
19 (c) (Blank).
20 (c.5) If that person has participated in the town
21 political party caucus, under Section 45-50 of the
22 Township Code, of another political party by signing an
23 affidavit of voters attending the caucus within 45 days

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1 before the first day of the calendar month in which the
2 primary is held.
3 (d) (Blank).
4 In cities, villages and incorporated towns having a
5 board of election commissioners only voters registered as
6 provided by Article 6 of this Act shall be entitled to vote
7 at such primary.
8 No person shall be entitled to vote at a primary unless
9 he is registered under the provisions of Articles 4, 5 or 6
10 of this Act, when his registration is required by any of
11 said Articles to entitle him to vote at the election with
12 reference to which the primary is held.
13 A person (i) who filed a statement of candidacy for a
14partisan office as a qualified primary voter of an established
15political party or (ii) who voted the ballot of an established
16political party at a general primary election may not file a
17statement of candidacy as a candidate of a different
18established political party or as an independent candidate for
19a partisan office to be filled at the general election
20immediately following the general primary for which the person
21filed the statement or voted the ballot. A person may file a
22statement of candidacy for a partisan office as a qualified
23primary voter of an established political party regardless of
24any prior filing of candidacy for a partisan office or voting
25the ballot of an established political party at any prior
26election.

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1(Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
2 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
3 Sec. 7-44. Voter choice of primary ballot.
4 (a) Any person desiring to vote at a primary shall state
5his or her name and , residence and party affiliation to the
6primary judges, one of whom shall thereupon announce the same
7in a distinct tone of voice, sufficiently loud to be heard by
8all persons in the polling place. When article 4, 5 or 6 is
9applicable the Certificate of Registered Voter therein
10prescribed shall be made and signed and the official poll
11record shall be made. If the person desiring to vote is not
12challenged, one of the primary judges shall give to him or her
13one, and only one, primary ballot of each of the established
14political parties nominating candidates for office at the
15primary election, but the voter may cast a ballot of only one
16political party, except as otherwise provided in subsection (b)
17party with which he declares himself affiliated, on the back of
18which the such primary judge shall endorse his or her initials
19in such manner that they may be seen when the primary ballot is
20properly folded. If the person desiring to vote is challenged
21he or she shall not receive a primary ballot from the primary
22judges until he or she shall have established his or her right
23to vote as hereinafter provided in this Article. No person who
24refuses to state his party affiliation shall be allowed to vote
25at a primary.

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1 (b) A person who casts a ballot of declares his party
2affiliation with a statewide established political party and
3requests a primary ballot of such party may nonetheless also
4declare his affiliation with a political party established only
5within a political subdivision, and may also vote in the
6primary of a such local political party established only within
7a political subdivision on the same election day, provided that
8the such voter may not vote in both such party primaries with
9respect to offices of the same political subdivision. However,
10no person casting a ballot of declaring his affiliation with a
11statewide established political party may vote in the primary
12of any other statewide political party on the same election
13day. Each party's primary ballot shall include a space for the
14voter to mark, indicating that political party as the party for
15which the voter cast his or her votes. The voter may mark the
16space on the ballot of only one political party indicating that
17party, except as otherwise provided in this Section. If the
18voter desires to cast his or her ballot of a statewide
19political party and a political party established only within a
20political subdivision, the voter may indicate that choice by
21marking the space provided on the ballot of the statewide
22political party and by also marking the space provided on the
23ballot of the political party established only within a
24political subdivision. If the voter does not mark the space on
25the primary ballot indicating the political party in which the
26voter cast his or her ballot, or marks more than one such

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1space, the judges of election shall count only the votes of the
2political party in which the voter cast a vote for the office
3nearest the top of the ballot.
4(Source: P.A. 81-1535.)
5 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
6 Sec. 19-3. The application for vote by mail ballot shall be
7substantially in the following form:
8
APPLICATION FOR VOTE BY MAIL BALLOT
9 To be voted at the .... election in the County of .... and
10State of Illinois, in the .... precinct of the (1) *township of
11.... (2) *City of .... or (3) *.... ward in the City of ....
12 I state that I am a resident of the .... precinct of the
13(1) *township of .... (2) *City of .... or (3) *.... ward in
14the city of .... residing at .... in such city or town in the
15county of .... and State of Illinois; that I have lived at such
16address for .... month(s) last past; that I am lawfully
17entitled to vote in such precinct at the .... election to be
18held therein on ....; and that I wish to vote by vote by mail
19ballot.
20 I hereby make application for an official ballot or ballots
21to be voted by me at such election, and I agree that I shall
22return such ballot or ballots to the official issuing the same
23prior to the closing of the polls on the date of the election
24or, if returned by mail, postmarked no later than election day,
25for counting no later than during the period for counting

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1provisional ballots, the last day of which is the 14th day
2following election day.
3 I understand that this application is made for an official
4vote by mail ballot or ballots to be voted by me at the
5election specified in this application and that I must submit a
6separate application for an official vote by mail ballot or
7ballots to be voted by me at any subsequent election.
8 Under penalties as provided by law pursuant to Section
929-10 of the Election Code, the undersigned certifies that the
10statements set forth in this application are true and correct.
11
....
12
*fill in either (1), (2) or (3).
13
Post office address to which ballot is mailed:
14...............
15 However, if application is made for a primary election
16ballot, such application shall require the applicant to
17designate the name of the political party with which the
18applicant is affiliated.
19 If application is made electronically, the applicant shall
20mark the box associated with the above described statement
21included as part of the online application certifying that the
22statements set forth in this application are true and correct,
23and a signature is not required.
24 Any person may produce, reproduce, distribute, or return to
25an election authority the application for vote by mail ballot.
26Upon receipt, the appropriate election authority shall accept

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1and promptly process any application for vote by mail ballot
2submitted in a form substantially similar to that required by
3this Section, including any substantially similar production
4or reproduction generated by the applicant.
5(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
699-522, eff. 6-30-16.)
7 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
8 Sec. 19-4. Mailing or delivery of ballots; time.
9Immediately upon the receipt of such application either by mail
10or electronic means, not more than 90 days nor less than 5 days
11prior to such election, or by personal delivery not more than
1290 days nor less than one day prior to such election, at the
13office of such election authority, it shall be the duty of such
14election authority to examine the records to ascertain whether
15or not such applicant is lawfully entitled to vote as
16requested, including a verification of the applicant's
17signature by comparison with the signature on the official
18registration record card, and if found so to be entitled to
19vote, to post within one business day thereafter the name,
20street address, ward and precinct number or township and
21district number, as the case may be, of such applicant given on
22a list, the pages of which are to be numbered consecutively to
23be kept by such election authority for such purpose in a
24conspicuous, open and public place accessible to the public at
25the entrance of the office of such election authority, and in

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1such a manner that such list may be viewed without necessity of
2requesting permission therefor. Within one day after posting
3the name and other information of an applicant for a vote by
4mail ballot, the election authority shall transmit by
5electronic means pursuant to a process established by the State
6Board of Elections that name and other posted information to
7the State Board of Elections, which shall maintain those names
8and other information in an electronic format on its website,
9arranged by county and accessible to State and local political
10committees. Within 2 business days after posting a name and
11other information on the list within its office, but no sooner
12than 40 days before an election, the election authority shall
13mail, postage prepaid, or deliver in person in such office an
14official ballot or ballots if more than one are to be voted at
15said election or if Section 19-4.5 applies. Mail delivery of
16Temporarily Absent Student ballot applications pursuant to
17Section 19-12.3 shall be by nonforwardable mail. However, for
18the consolidated election, vote by mail ballots for certain
19precincts may be delivered to applicants not less than 25 days
20before the election if so much time is required to have
21prepared and printed the ballots containing the names of
22persons nominated for offices at the consolidated primary. The
23election authority shall enclose with each vote by mail ballot
24or application written instructions on how voting assistance
25shall be provided pursuant to Section 17-14 and a document,
26written and approved by the State Board of Elections, informing

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1the vote by mail voter of the required postage for returning
2the application and ballot, and enumerating the circumstances
3under which a person is authorized to vote by vote by mail
4ballot pursuant to this Article; such document shall also
5include a statement informing the applicant that if he or she
6falsifies or is solicited by another to falsify his or her
7eligibility to cast a vote by mail ballot, such applicant or
8other is subject to penalties pursuant to Section 29-10 and
9Section 29-20 of the Election Code. Each election authority
10shall maintain a list of the name, street address, ward and
11precinct, or township and district number, as the case may be,
12of all applicants who have returned vote by mail ballots to
13such authority, and the name of such vote by mail voter shall
14be added to such list within one business day from receipt of
15such ballot. If the vote by mail ballot envelope indicates that
16the voter was assisted in casting the ballot, the name of the
17person so assisting shall be included on the list. The list,
18the pages of which are to be numbered consecutively, shall be
19kept by each election authority in a conspicuous, open, and
20public place accessible to the public at the entrance of the
21office of the election authority and in a manner that the list
22may be viewed without necessity of requesting permission for
23viewing.
24 Each election authority shall maintain a list for each
25election of the voters to whom it has issued vote by mail
26ballots. The list shall be maintained for each precinct within

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1the jurisdiction of the election authority. Prior to the
2opening of the polls on election day, the election authority
3shall deliver to the judges of election in each precinct the
4list of registered voters in that precinct to whom vote by mail
5ballots have been issued by mail.
6 Each election authority shall maintain a list for each
7election of voters to whom it has issued temporarily absent
8student ballots. The list shall be maintained for each election
9jurisdiction within which such voters temporarily abide.
10Immediately after the close of the period during which
11application may be made by mail or electronic means for vote by
12mail ballots, each election authority shall mail to each other
13election authority within the State a certified list of all
14such voters temporarily abiding within the jurisdiction of the
15other election authority.
16 In the event that the return address of an application for
17ballot by a physically incapacitated elector is that of a
18facility licensed or certified under the Nursing Home Care Act,
19the Specialized Mental Health Rehabilitation Act of 2013, the
20ID/DD Community Care Act, or the MC/DD Act, within the
21jurisdiction of the election authority, and the applicant is a
22registered voter in the precinct in which such facility is
23located, the ballots shall be prepared and transmitted to a
24responsible judge of election no later than 9 a.m. on the
25Friday, Saturday, Sunday, or Monday immediately preceding the
26election as designated by the election authority under Section

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119-12.2. Such judge shall deliver in person on the designated
2day the ballot to the applicant on the premises of the facility
3from which application was made. The election authority shall
4by mail notify the applicant in such facility that the ballot
5will be delivered by a judge of election on the designated day.
6 All applications for vote by mail ballots shall be
7available at the office of the election authority for public
8inspection upon request from the time of receipt thereof by the
9election authority until 30 days after the election, except
10during the time such applications are kept in the office of the
11election authority pursuant to Section 19-7, and except during
12the time such applications are in the possession of the judges
13of election.
14(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
1598-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
167-29-15; 99-522, eff. 6-30-16.)
17 (10 ILCS 5/19-4.5 new)
18 Sec. 19-4.5. Primary ballots.
19 (a) A person entitled to vote by absentee ballot at a
20primary shall not be required to declare his or her political
21party affiliation and shall be provided with the ballots of all
22established political parties nominating candidates for
23offices for which the absentee voter is entitled to vote at
24that primary. That absentee voter may mark, cast, and have
25counted the primary ballot of only one established political

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1party, except that he or she may mark, cost, and have counted
2the primary ballots of a statewide established political party
3and a local political party established only within a political
4subdivision as provided in subsection (b) of Section 7-44.
5 (b) With respect to the marking, casting, and counting of
6primary ballots, absentee voting shall be conducted in
7accordance with Sections 7-43 and 7-44 of this Code as well as
8the provisions of this Article.
9 (c) When voting absentee at a primary by means other than
10in-person absentee voting, the voter shall be instructed to
11discard or otherwise destroy any ballots of political parties
12that the voter does not intend to cast. Such a discarded or
13destroyed ballot or ballots is not the ballot or ballots the
14voter agreed in the absentee ballot application to return to
15the election authority.
16 If a voter subject to this subsection (c) returns to the
17election authority the ballot of more than one established
18political party, the judges of election shall determine which
19votes to count as provided in subsection (b) of Section 7-44.
20 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
21 Sec. 19-5. It shall be the duty of the election authority
22to fold the ballot or ballots in the manner specified by the
23statute for folding ballots prior to their deposit in the
24ballot box, and to enclose such ballot or ballots in an
25envelope unsealed to be furnished by him, which envelope shall

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1bear upon the face thereof the name, official title and post
2office address of the election authority, and upon the other
3side a printed certification in substantially the following
4form:
5 I state that I am a resident of the .... precinct of the
6(1) *township of .... (2) *City of .... or (3) *.... ward in
7the city of .... residing at .... in such city or town in the
8county of .... and State of Illinois, that I have lived at such
9address for .... months last past; and that I am lawfully
10entitled to vote in such precinct at the .... election to be
11held on .....
12*fill in either (1), (2) or (3).
13 I further state that I personally marked the enclosed
14ballot in secret.
15 Under penalties of perjury as provided by law pursuant to
16Section 29-10 of The Election Code, the undersigned certifies
17that the statements set forth in this certification are true
18and correct.
19
.......................
20 If the ballot is to go to an elector who is physically
21incapacitated and needs assistance marking the ballot, the
22envelope shall bear upon the back thereof a certification in
23substantially the following form:
24 I state that I am a resident of the .... precinct of the
25(1) *township of .... (2) *City of .... or (3) *.... ward in
26the city of .... residing at .... in such city or town in the

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1county of .... and State of Illinois, that I have lived at such
2address for .... months last past; that I am lawfully entitled
3to vote in such precinct at the .... election to be held on
4....; that I am physically incapable of personally marking the
5ballot for such election.
6*fill in either (1), (2) or (3).
7 I further state that I marked the enclosed ballot in secret
8with the assistance of
9
.................................
10
(Individual rendering assistance)
11
.................................
12
(Residence Address)
13 Under penalties of perjury as provided by law pursuant to
14Section 29-10 of The Election Code, the undersigned certifies
15that the statements set forth in this certification are true
16and correct.
17
.......................
18 In the case of a voter with a physical incapacity, marking
19a ballot in secret includes marking a ballot with the
20assistance of another individual, other than a candidate whose
21name appears on the ballot (unless the voter is the spouse or a
22parent, child, brother, or sister of the candidate), the
23voter's employer, an agent of that employer, or an officer or
24agent of the voter's union, when the voter's physical
25incapacity necessitates such assistance.
26 In the case of a physically incapacitated voter, marking a

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1ballot in secret includes marking a ballot with the assistance
2of another individual, other than a candidate whose name
3appears on the ballot (unless the voter is the spouse or a
4parent, child, brother, or sister of the candidate), the
5voter's employer, an agent of that employer, or an officer or
6agent of the voter's union, when the voter's physical
7incapacity necessitates such assistance.
8 Provided, that if the ballot enclosed is to be voted at a
9primary election, the certification shall designate the name of
10the political party with which the voter is affiliated.
11 In addition to the above, the election authority shall
12provide printed slips giving full instructions regarding the
13manner of marking and returning the ballot in order that the
14same may be counted, and shall furnish one of such printed
15slips to each of such applicants at the same time the ballot is
16delivered to him. Such instructions shall include the following
17statement: "In signing the certification on the vote by mail
18ballot envelope, you are attesting that you personally marked
19this vote by mail ballot in secret. If you are physically
20unable to mark the ballot, a friend or relative may assist you
21after completing the enclosed affidavit. Federal and State laws
22prohibit a candidate whose name appears on the ballot (unless
23you are the spouse or a parent, child, brother, or sister of
24the candidate), your employer, your employer's agent or an
25officer or agent of your union from assisting voters with
26physical disabilities."

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1 In addition to the above, if a ballot to be provided to an
2elector pursuant to this Section contains a public question
3described in subsection (b) of Section 28-6 and the territory
4concerning which the question is to be submitted is not
5described on the ballot due to the space limitations of such
6ballot, the election authority shall provide a printed copy of
7a notice of the public question, which shall include a
8description of the territory in the manner required by Section
916-7. The notice shall be furnished to the elector at the same
10time the ballot is delivered to the elector.
11(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
12 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
13 Sec. 19-8. Time and place of counting ballots.
14 (a) (Blank.)
15 (b) Each vote by mail voter's ballot returned to an
16election authority, by any means authorized by this Article,
17and received by that election authority before the closing of
18the polls on election day shall be endorsed by the receiving
19election authority with the day and hour of receipt and may be
20processed by the election authority beginning on the day it is
21received by the election authority in the central ballot
22counting location of the election authority, but the results of
23the processing may not be counted until the day of the election
24after 7:00 p.m., except as provided in subsections (g) and
25(g-5).

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1 (c) Each vote by mail voter's ballot that is mailed to an
2election authority and postmarked no later than election day,
3but that is received by the election authority after the polls
4close on election day and before the close of the period for
5counting provisional ballots cast at that election, shall be
6endorsed by the receiving authority with the day and hour of
7receipt and shall be counted at the central ballot counting
8location of the election authority during the period for
9counting provisional ballots.
10 Each vote by mail voter's ballot that is mailed to an
11election authority absent a postmark or a barcode usable with
12an intelligent mail barcode tracking system, but that is
13received by the election authority after the polls close on
14election day and before the close of the period for counting
15provisional ballots cast at that election, shall be endorsed by
16the receiving authority with the day and hour of receipt,
17opened to inspect the date inserted on the certification, and,
18if the certification date is election day or earlier and the
19ballot is otherwise found to be valid under the requirements of
20this Section, counted at the central ballot counting location
21of the election authority during the period for counting
22provisional ballots. Absent a date on the certification, the
23ballot shall not be counted.
24 If an election authority is using an intelligent mail
25barcode tracking system, a ballot that is mailed to an election
26authority absent a postmark may be counted if the intelligent

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1mail barcode tracking system verifies the envelope was mailed
2no later than election day.
3 (d) Special write-in vote by mail voter's blank ballots
4returned to an election authority, by any means authorized by
5this Article, and received by the election authority at any
6time before the closing of the polls on election day shall be
7endorsed by the receiving election authority with the day and
8hour of receipt and shall be counted at the central ballot
9counting location of the election authority during the same
10period provided for counting vote by mail voters' ballots under
11subsections (b), (g), and (g-5). Special write-in vote by mail
12voter's blank ballots that are mailed to an election authority
13and postmarked no later than election day, but that are
14received by the election authority after the polls close on
15election day and before the closing of the period for counting
16provisional ballots cast at that election, shall be endorsed by
17the receiving authority with the day and hour of receipt and
18shall be counted at the central ballot counting location of the
19election authority during the same periods provided for
20counting vote by mail voters' ballots under subsection (c).
21 (e) Except as otherwise provided in this Section, vote by
22mail voters' ballots and special write-in vote by mail voter's
23blank ballots received by the election authority after the
24closing of the polls on an election day shall be endorsed by
25the election authority receiving them with the day and hour of
26receipt and shall be safely kept unopened by the election

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1authority for the period of time required for the preservation
2of ballots used at the election, and shall then, without being
3opened, be destroyed in like manner as the used ballots of that
4election.
5 (f) Counting required under this Section to begin on
6election day after the closing of the polls shall commence no
7later than 8:00 p.m. and shall be conducted by a panel or
8panels of election judges appointed in the manner provided by
9law. The counting shall continue until all vote by mail voters'
10ballots and special write-in vote by mail voter's blank ballots
11required to be counted on election day have been counted.
12 (g) The procedures set forth in Articles 17 and 18 and,
13with respect to primaries, in Section 19-4.5 of this Code shall
14apply to all ballots counted under this Section. In addition,
15within 2 days after a vote by mail ballot is received, but in
16all cases before the close of the period for counting
17provisional ballots, the election judge or official shall
18compare the voter's signature on the certification envelope of
19that vote by mail ballot with the signature of the voter on
20file in the office of the election authority. If the election
21judge or official determines that the 2 signatures match, and
22that the vote by mail voter is otherwise qualified to cast a
23vote by mail ballot, the election authority shall cast and
24count the ballot on election day or the day the ballot is
25determined to be valid, whichever is later, adding the results
26to the precinct in which the voter is registered. If the

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1election judge or official determines that the signatures do
2not match, or that the vote by mail voter is not qualified to
3cast a vote by mail ballot, then without opening the
4certification envelope, the judge or official shall mark across
5the face of the certification envelope the word "Rejected" and
6shall not cast or count the ballot.
7 In addition to the voter's signatures not matching, a vote
8by mail ballot may be rejected by the election judge or
9official:
10 (1) if the ballot envelope is open or has been opened
11 and resealed;
12 (2) if the voter has already cast an early or grace
13 period ballot;
14 (3) if the voter voted in person on election day or the
15 voter is not a duly registered voter in the precinct; or
16 (4) on any other basis set forth in this Code.
17 If the election judge or official determines that any of
18these reasons apply, the judge or official shall mark across
19the face of the certification envelope the word "Rejected" and
20shall not cast or count the ballot.
21 (g-5) If a vote by mail ballot is rejected by the election
22judge or official for any reason, the election authority shall,
23within 2 days after the rejection but in all cases before the
24close of the period for counting provisional ballots, notify
25the vote by mail voter that his or her ballot was rejected. The
26notice shall inform the voter of the reason or reasons the

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1ballot was rejected and shall state that the voter may appear
2before the election authority, on or before the 14th day after
3the election, to show cause as to why the ballot should not be
4rejected. The voter may present evidence to the election
5authority supporting his or her contention that the ballot
6should be counted. The election authority shall appoint a panel
7of 3 election judges to review the contested ballot,
8application, and certification envelope, as well as any
9evidence submitted by the vote by mail voter. No more than 2
10election judges on the reviewing panel shall be of the same
11political party. The reviewing panel of election judges shall
12make a final determination as to the validity of the contested
13vote by mail ballot. The judges' determination shall not be
14reviewable either administratively or judicially.
15 A vote by mail ballot subject to this subsection that is
16determined to be valid shall be counted before the close of the
17period for counting provisional ballots.
18 (g-10) All vote by mail ballots determined to be valid
19shall be added to the vote totals for the precincts for which
20they were cast in the order in which the ballots were opened.
21 (h) Each political party, candidate, and qualified civic
22organization shall be entitled to have present one pollwatcher
23for each panel of election judges therein assigned.
24(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
25 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)

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1 Sec. 19-12.1. Any qualified elector who has secured an
2Illinois Person with a Disability Identification Card in
3accordance with the Illinois Identification Card Act,
4indicating that the person named thereon has a Class 1A or
5Class 2 disability or any qualified voter who has a permanent
6physical incapacity of such a nature as to make it improbable
7that he will be able to be present at the polls at any future
8election, or any voter who is a resident of (i) a federally
9operated veterans' home, hospital, or facility located in
10Illinois or (ii) a facility licensed or certified pursuant to
11the Nursing Home Care Act, the Specialized Mental Health
12Rehabilitation Act of 2013, the ID/DD Community Care Act, or
13the MC/DD Act and has a condition or disability of such a
14nature as to make it improbable that he will be able to be
15present at the polls at any future election, may secure a
16voter's identification card for persons with disabilities or a
17nursing home resident's identification card, which will enable
18him to vote under this Article as a physically incapacitated or
19nursing home voter. For the purposes of this Section,
20"federally operated veterans' home, hospital, or facility"
21means the long-term care facilities at the Jesse Brown VA
22Medical Center, Illiana Health Care System, Edward Hines, Jr.
23VA Hospital, Marion VA Medical Center, and Captain James A.
24Lovell Federal Health Care Center.
25 Application for a voter's identification card for persons
26with disabilities or a nursing home resident's identification

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1card shall be made either: (a) in writing, with voter's sworn
2affidavit, to the county clerk or board of election
3commissioners, as the case may be, and shall be accompanied by
4the affidavit of the attending physician, advanced practice
5nurse, or a physician assistant specifically describing the
6nature of the physical incapacity or the fact that the voter is
7a nursing home resident and is physically unable to be present
8at the polls on election days; or (b) by presenting, in writing
9or otherwise, to the county clerk or board of election
10commissioners, as the case may be, proof that the applicant has
11secured an Illinois Person with a Disability Identification
12Card indicating that the person named thereon has a Class 1A or
13Class 2 disability. Upon the receipt of either the sworn-to
14application and the physician's, advanced practice nurse's, or
15a physician assistant's affidavit or proof that the applicant
16has secured an Illinois Person with a Disability Identification
17Card indicating that the person named thereon has a Class 1A or
18Class 2 disability, the county clerk or board of election
19commissioners shall issue a voter's identification card for
20persons with disabilities or a nursing home resident's
21identification card. Such identification cards shall be issued
22for a period of 5 years, upon the expiration of which time the
23voter may secure a new card by making application in the same
24manner as is prescribed for the issuance of an original card,
25accompanied by a new affidavit of the attending physician,
26advanced practice nurse, or a physician assistant. The date of

HB0330- 24 -LRB100 04210 MLM 14216 b
1expiration of such five-year period shall be made known to any
2interested person by the election authority upon the request of
3such person. Applications for the renewal of the identification
4cards shall be mailed to the voters holding such cards not less
5than 3 months prior to the date of expiration of the cards.
6 Each voter's identification card for persons with
7disabilities or nursing home resident's identification card
8shall bear an identification number, which shall be clearly
9noted on the voter's original and duplicate registration record
10cards. In the event the holder becomes physically capable of
11resuming normal voting, he must surrender his voter's
12identification card for persons with disabilities or nursing
13home resident's identification card to the county clerk or
14board of election commissioners before the next election.
15 The holder of a voter's identification card for persons
16with disabilities or a nursing home resident's identification
17card may make application by mail for an official ballot within
18the time prescribed by Section 19-2. Such application shall
19contain the same information as is included in the form of
20application for ballot by a physically incapacitated elector
21prescribed in Section 19-3 except that it shall also include
22the applicant's voter's identification card for persons with
23disabilities card number and except that it need not be sworn
24to. If an examination of the records discloses that the
25applicant is lawfully entitled to vote, he shall be mailed a
26ballot or ballots as provided in Section 19-4 and, if

HB0330- 25 -LRB100 04210 MLM 14216 b
1applicable, Section 19-4.5. The ballot envelope shall be the
2same as that prescribed in Section 19-5 for voters with
3physical disabilities, and the manner of voting and returning
4the ballot shall be the same as that provided in this Article
5for other vote by mail ballots, except that a statement to be
6subscribed to by the voter but which need not be sworn to shall
7be placed on the ballot envelope in lieu of the affidavit
8prescribed by Section 19-5.
9 Any person who knowingly subscribes to a false statement in
10connection with voting under this Section shall be guilty of a
11Class A misdemeanor.
12 For the purposes of this Section, "nursing home resident"
13includes a resident of (i) a federally operated veterans' home,
14hospital, or facility located in Illinois or (ii) a facility
15licensed under the ID/DD Community Care Act, the MC/DD Act, or
16the Specialized Mental Health Rehabilitation Act of 2013. For
17the purposes of this Section, "federally operated veterans'
18home, hospital, or facility" means the long-term care
19facilities at the Jesse Brown VA Medical Center, Illiana Health
20Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
21Center, and Captain James A. Lovell Federal Health Care Center.
22(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2399-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff.
241-1-17; 99-642, eff. 6-28-16.)
25 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)

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1 Sec. 20-3. The election authority shall furnish the
2following applications for registration by mail or vote by mail
3ballot which shall be considered a method of application in
4lieu of the official postcard.
5 1. Members of the United States Service, citizens of the
6United States temporarily residing outside the territorial
7limits of the United States, and certified program participants
8under the Address Confidentiality for Victims of Domestic
9Violence Act may make application within the periods prescribed
10in Sections 20-2 or 20-2.1, as the case may be. Such
11application shall be substantially in the following form:
12
"APPLICATION FOR BALLOT
13 To be voted at the ............ election in the precinct in
14which is located my residence at ..............., in the
15city/village/township of ............(insert home address)
16County of ........... and State of Illinois.
17 I state that I am a citizen of the United States; that on
18(insert date of election) I shall have resided in the State of
19Illinois and in the election precinct for 30 days; that on the
20above date I shall be the age of 18 years or above; that I am
21lawfully entitled to vote in such precinct at that election;
22that I am (check category 1, 2, or 3 below):
23 1. ( ) a member of the United States Service,
24 2. ( ) a citizen of the United States temporarily residing
25outside the territorial limits of the United States and that I
26expect to be absent from the said county of my residence on the

HB0330- 27 -LRB100 04210 MLM 14216 b
1date of holding such election, and that I will have no
2opportunity to vote in person on that day.
3 3. ( ) a certified program participant under the Address
4Confidentiality for Victims of Domestic Violence Act.
5 I hereby make application for an official ballot or ballots
6to be voted by me at such election if I am absent from the said
7county of my residence, and I agree that I shall return said
8ballot or ballots to the election authority postmarked no later
9than election day, for counting no later than during the period
10for counting provisional ballots, the last day of which is the
1114th day following election day or shall destroy said ballot or
12ballots.
13 (Check below only if category 2 or 3 and not previously
14registered)
15 ( ) I hereby make application to become registered as a
16voter and agree to return the forms and affidavits for
17registration to the election authority not later than 30 days
18before the election.
19 Under penalties as provided by law pursuant to Article 29
20of the Election Code, the undersigned certifies that the
21statements set forth in this application are true and correct.
22
.........................
23 Post office address or service address to which
24registration materials or ballot should be mailed
25
.........................
26
.........................

HB0330- 28 -LRB100 04210 MLM 14216 b
1
.........................
2
........................"
3 If application is made for a primary election ballot, such
4application shall designate the name of the political party
5with which the applicant is affiliated.
6 Such applications may be obtained from the election
7authority having jurisdiction over the person's precinct of
8residence.
9 2. A spouse or dependent of a member of the United States
10Service, said spouse or dependent being a registered voter in
11the county, may make application on behalf of said person in
12the office of the election authority within the periods
13prescribed in Section 20-2 which shall be substantially in the
14following form:
15"APPLICATION FOR BALLOT to be voted at the........... election
16in the precinct in which is located the residence of the person
17for whom this application is made at.............(insert
18residence address) in the city/village/township of.........
19County of.......... and State of Illinois.
20 I certify that the following named person................
21(insert name of person) is a member of the United States
22Service.
23 I state that said person is a citizen of the United States;
24that on (insert date of election) said person shall have
25resided in the State of Illinois and in the election precinct
26for which this application is made for 30 days; that on the

HB0330- 29 -LRB100 04210 MLM 14216 b
1above date said person shall be the age of 18 years or above;
2that said person is lawfully entitled to vote in such precinct
3at that election; that said person is a member of the United
4States Service, and that in the course of his duties said
5person expects to be absent from his county of residence on the
6date of holding such election, and that said person will have
7no opportunity to vote in person on that day.
8 I hereby make application for an official ballot or ballots
9to be voted by said person at such election and said person
10agrees that he shall return said ballot or ballots to the
11election authority postmarked no later than election day, for
12counting no later than during the period for counting
13provisional ballots, the last day of which is the 14th day
14following election day, or shall destroy said ballot or
15ballots.
16 I hereby certify that I am the (mother, father, sister,
17brother, husband or wife) of the said elector, and that I am a
18registered voter in the election precinct for which this
19application is made. (Strike all but one that is applicable.)
20 Under penalties as provided by law pursuant to Article 29
21of The Election Code, the undersigned certifies that the
22statements set forth in this application are true and correct.
23
Name of applicant ......................
24
Residence address ........................
25
City/village/township........................
26 Service address to which ballot should be mailed:

HB0330- 30 -LRB100 04210 MLM 14216 b
1
.........................
2
.........................
3
.........................
4
........................"
5 If application is made for a primary election ballot, such
6application shall designate the name of the political party
7with which the person for whom application is made is
8affiliated.
9 Such applications may be obtained from the election
10authority having jurisdiction over the voting precinct in which
11the person for whom application is made is entitled to vote.
12(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
13 (10 ILCS 5/20-4.5 new)
14 Sec. 20-4.5. Primary ballots.
15 (a) A person entitled to vote by absentee ballot at a
16primary shall not be required to declare his or her political
17party affiliation and shall be provided with the ballots of all
18established political parties nominating candidates for
19offices for which the absentee voter is entitled to vote at
20that primary. That absentee voter may mark, cast, and have
21counted the primary ballot of only one established political
22party, except that he or she may mark, cost, and have counted
23the primary ballots of a statewide established political party
24and a local political party established only within a political
25subdivision as provided in subsection (b) of Section 7-44.

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1 (b) With respect to the marking, casting, and counting of
2primary ballots, absentee voting shall be conducted in
3accordance with Sections 7-43 and 7-44 of this Code as well as
4the provisions of this Article.
5 (c) When voting absentee at a primary, the voter shall be
6instructed to discard or otherwise destroy any ballots of
7political parties that the voter does not intend to cast. Such
8a discarded or destroyed ballot or ballots is not the ballot or
9ballots the voter agreed in the absentee ballot application to
10return to the election authority.
11 If a voter subject to this subsection returns to the
12election authority the ballot of more than one established
13political party, the judges of election shall determine which
14votes to count as provided in subsection (b) of Section 7-44.
15 (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
16 Sec. 20-5. The election authority shall fold the ballot or
17ballots in the manner specified by the statute for folding
18ballots prior to their deposit in the ballot box and shall
19enclose such ballot in an envelope unsealed to be furnished by
20it, which envelope shall bear upon the face thereof the name,
21official title and post office address of the election
22authority, and upon the other side of such envelope there shall
23be printed a certification in substantially the following form:
24
"CERTIFICATION
25 I state that I am a resident/former resident of the .......

HB0330- 32 -LRB100 04210 MLM 14216 b
1precinct of the city/village/township of ............,
2(Designation to be made by Election Authority) or of the ....
3ward in the city of ........... (Designation to be made by
4Election Authority) residing at ................ in said
5city/village/township in the county of ........... and State of
6Illinois; that I am a
7 1. ( ) member of the United States Service
8 2. ( ) citizen of the United States temporarily residing
9outside the territorial limits of the United States
10 3. ( ) nonresident civilian citizen
11and desire to cast the enclosed ballot pursuant to Article 20
12of the The Election Code; that I am lawfully entitled to vote
13in such precinct at the ........... election to be held on
14............
15 I further state that I marked the enclosed ballot in
16secret.
17 Under penalties as provided by law pursuant to Article 29
18of the The Election Code, the undersigned certifies that the
19statements set forth in this certification are true and
20correct.
21
...............(Name)
22
.....................
23
(Service Address)
"
24
.....................
25
.....................
26
.....................
"

HB0330- 33 -LRB100 04210 MLM 14216 b
1 If the ballot enclosed is to be voted at a primary
2election, the certification shall designate the name of the
3political party with which the voter is affiliated.
4 In addition to the above, the election authority shall
5provide printed slips giving full instructions regarding the
6manner of completing the forms and affidavits for registration
7by mail or the manner of marking and returning the ballot in
8order that the same may be counted, and shall furnish one of
9the printed slips to each of the applicants at the same time
10the registration materials or ballot is delivered to him.
11 In addition to the above, if a ballot to be provided to an
12elector pursuant to this Section contains a public question
13described in subsection (b) of Section 28-6 and the territory
14concerning which the question is to be submitted is not
15described on the ballot due to the space limitations of such
16ballot, the election authority shall provide a printed copy of
17a notice of the public question, which shall include a
18description of the territory in the manner required by Section
1916-7. The notice shall be furnished to the elector at the same
20time the ballot is delivered to the elector.
21 The envelope in which such registration or such ballot is
22mailed to the voter as well as the envelope in which the
23registration materials or the ballot is returned by the voter
24shall have printed across the face thereof two parallel
25horizontal red bars, each one-quarter inch wide, extending from
26one side of the envelope to the other side, with an intervening

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1space of one-quarter inch, the top bar to be one and
2one-quarter inches from the top of the envelope, and with the
3words "Official Election Balloting Material-VIA AIR MAIL"
4between the bars. In the upper right corner of such envelope in
5a box, there shall be printed the words: "U.S. Postage Paid 42
6USC 1973". All printing on the face of such envelopes shall be
7in red, including an appropriate inscription or blank in the
8upper left corner of return address of sender.
9 The envelope in which the ballot is returned to the
10election authority may be delivered (i) by mail, postage paid,
11(ii) in person, by the spouse, parent, child, brother, or
12sister of the voter, or (iii) by a company engaged in the
13business of making deliveries of property and licensed as a
14motor carrier of property by the Illinois Commerce Commission
15under the Illinois Commercial Transportation Law.
16 Election authorities transmitting ballots by facsimile or
17electronic transmission shall, to the extent possible, provide
18those applicants with the same instructions, certification,
19and other materials required when sending by mail.
20(Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
21 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
22 Sec. 20-8. Time and place of counting ballots.
23 (a) (Blank.)
24 (b) Each vote by mail voter's ballot returned to an
25election authority, by any means authorized by this Article,

HB0330- 35 -LRB100 04210 MLM 14216 b
1and received by that election authority may be processed by the
2election authority beginning on the day it is received by the
3election authority in the central ballot counting location of
4the election authority, but the results of the processing may
5not be counted until the day of the election after 7:00 p.m.,
6except as provided in subsections (g) and (g-5).
7 (c) Each vote by mail voter's ballot that is mailed to an
8election authority and postmarked no later than election day,
9but that is received by the election authority after the polls
10close on election day and before the close of the period for
11counting provisional ballots cast at that election, shall be
12endorsed by the receiving authority with the day and hour of
13receipt and shall be counted at the central ballot counting
14location of the election authority during the period for
15counting provisional ballots.
16 Each vote by mail voter's ballot that is mailed to an
17election authority absent a postmark or a barcode usable with
18an intelligent mail barcode tracking system, but that is
19received by the election authority after the polls close on
20election day and before the close of the period for counting
21provisional ballots cast at that election, shall be endorsed by
22the receiving authority with the day and hour of receipt,
23opened to inspect the date inserted on the certification, and,
24if the certification date is election day or earlier and the
25ballot is otherwise found to be valid under the requirements of
26this Section, counted at the central ballot counting location

HB0330- 36 -LRB100 04210 MLM 14216 b
1of the election authority during the period for counting
2provisional ballots. Absent a date on the certification, the
3ballot shall not be counted.
4 If an election authority is using an intelligent mail
5barcode tracking system, a ballot that is mailed to an election
6authority absent a postmark may be counted if the intelligent
7mail barcode tracking system verifies the envelope was mailed
8no later than election day.
9 (d) Special write-in vote by mail voter's blank ballots
10returned to an election authority, by any means authorized by
11this Article, and received by the election authority at any
12time before the closing of the polls on election day shall be
13endorsed by the receiving election authority with the day and
14hour of receipt and shall be counted at the central ballot
15counting location of the election authority during the same
16period provided for counting vote by mail voters' ballots under
17subsections (b), (g), and (g-5). Special write-in vote by mail
18voter's blank ballot that are mailed to an election authority
19and postmarked no later than election day, but that are
20received by the election authority after the polls close on
21election day and before the closing of the period for counting
22provisional ballots cast at that election, shall be endorsed by
23the receiving authority with the day and hour of receipt and
24shall be counted at the central ballot counting location of the
25election authority during the same periods provided for
26counting vote by mail voters' ballots under subsection (c).

HB0330- 37 -LRB100 04210 MLM 14216 b
1 (e) Except as otherwise provided in this Section, vote by
2mail voters' ballots and special write-in vote by mail voter's
3blank ballots received by the election authority after the
4closing of the polls on the day of election shall be endorsed
5by the person receiving the ballots with the day and hour of
6receipt and shall be safely kept unopened by the election
7authority for the period of time required for the preservation
8of ballots used at the election, and shall then, without being
9opened, be destroyed in like manner as the used ballots of that
10election.
11 (f) Counting required under this Section to begin on
12election day after the closing of the polls shall commence no
13later than 8:00 p.m. and shall be conducted by a panel or
14panels of election judges appointed in the manner provided by
15law. The counting shall continue until all vote by mail voters'
16ballots and special write-in vote by mail voter's blank ballots
17required to be counted on election day have been counted.
18 (g) The procedures set forth in Articles 17 and 18 and,
19with respect to primaries, in Section 20-4.5 of this Code shall
20apply to all ballots counted under this Section. In addition,
21within 2 days after a ballot subject to this Article is
22received, but in all cases before the close of the period for
23counting provisional ballots, the election judge or official
24shall compare the voter's signature on the certification
25envelope of that ballot with the signature of the voter on file
26in the office of the election authority. If the election judge

HB0330- 38 -LRB100 04210 MLM 14216 b
1or official determines that the 2 signatures match, and that
2the voter is otherwise qualified to cast a ballot under this
3Article, the election authority shall cast and count the ballot
4on election day or the day the ballot is determined to be
5valid, whichever is later, adding the results to the precinct
6in which the voter is registered. If the election judge or
7official determines that the signatures do not match, or that
8the voter is not qualified to cast a ballot under this Article,
9then without opening the certification envelope, the judge or
10official shall mark across the face of the certification
11envelope the word "Rejected" and shall not cast or count the
12ballot.
13 In addition to the voter's signatures not matching, a
14ballot subject to this Article may be rejected by the election
15judge or official:
16 (1) if the ballot envelope is open or has been opened
17 and resealed;
18 (2) if the voter has already cast an early or grace
19 period ballot;
20 (3) if the voter voted in person on election day or the
21 voter is not a duly registered voter in the precinct; or
22 (4) on any other basis set forth in this Code.
23 If the election judge or official determines that any of
24these reasons apply, the judge or official shall mark across
25the face of the certification envelope the word "Rejected" and
26shall not cast or count the ballot.

HB0330- 39 -LRB100 04210 MLM 14216 b
1 (g-5) If a ballot subject to this Article is rejected by
2the election judge or official for any reason, the election
3authority shall, within 2 days after the rejection but in all
4cases before the close of the period for counting provisional
5ballots, notify the voter that his or her ballot was rejected.
6The notice shall inform the voter of the reason or reasons the
7ballot was rejected and shall state that the voter may appear
8before the election authority, on or before the 14th day after
9the election, to show cause as to why the ballot should not be
10rejected. The voter may present evidence to the election
11authority supporting his or her contention that the ballot
12should be counted. The election authority shall appoint a panel
13of 3 election judges to review the contested ballot,
14application, and certification envelope, as well as any
15evidence submitted by the vote by mail voter. No more than 2
16election judges on the reviewing panel shall be of the same
17political party. The reviewing panel of election judges shall
18make a final determination as to the validity of the contested
19ballot. The judges' determination shall not be reviewable
20either administratively or judicially.
21 A ballot subject to this subsection that is determined to
22be valid shall be counted before the close of the period for
23counting provisional ballots.
24 (g-10) All ballots determined to be valid shall be added to
25the vote totals for the precincts for which they were cast in
26the order in which the ballots were opened.

HB0330- 40 -LRB100 04210 MLM 14216 b
1 (h) Each political party, candidate, and qualified civic
2organization shall be entitled to have present one pollwatcher
3for each panel of election judges therein assigned.
4(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
5 (10 ILCS 5/19-2.1 rep.)
6 Section 10. The Election Code is amended by repealing
7Section 19-2.1.
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