Bill Text: IL HB2805 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Election Code. Provides that if an application for a vote by mail ballot is sent to a post office box controlled by any individual or organization that is not an election authority, the applications shall be turned over to the appropriate election authority within 14 days of receipt. Provides that failure to turn over the applications in a timely manner constitutes a violation of the Code.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2017-05-26 - Rule 3-9(a) / Re-referred to Assignments [HB2805 Detail]

Download: Illinois-2017-HB2805-Engrossed.html



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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 changing Section
519-3 as follows:
6 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
7 Sec. 19-3. The application for vote by mail ballot shall be
8substantially in the following form:
9
APPLICATION FOR VOTE BY MAIL BALLOT
10 To be voted at the .... election in the County of .... and
11State of Illinois, in the .... precinct of the (1) *township of
12.... (2) *City of .... or (3) *.... ward in the City of ....
13 I state that I am a resident of the .... precinct of the
14(1) *township of .... (2) *City of .... or (3) *.... ward in
15the city of .... residing at .... in such city or town in the
16county of .... and State of Illinois; that I have lived at such
17address for .... month(s) last past; that I am lawfully
18entitled to vote in such precinct at the .... election to be
19held therein on ....; and that I wish to vote by vote by mail
20ballot.
21 I hereby make application for an official ballot or ballots
22to be voted by me at such election, and I agree that I shall
23return such ballot or ballots to the official issuing the same

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1prior to the closing of the polls on the date of the election
2or, if returned by mail, postmarked no later than election day,
3for counting no later than during the period for counting
4provisional ballots, the last day of which is the 14th day
5following election day.
6 I understand that this application is made for an official
7vote by mail ballot or ballots to be voted by me at the
8election specified in this application and that I must submit a
9separate application for an official vote by mail ballot or
10ballots to be voted by me at any subsequent election.
11 Under penalties as provided by law pursuant to Section
1229-10 of the Election Code, the undersigned certifies that the
13statements set forth in this application are true and correct.
14
....
15
*fill in either (1), (2) or (3).
16
Post office address to which ballot is mailed:
17...............
18 However, if application is made for a primary election
19ballot, such application shall require the applicant to
20designate the name of the political party with which the
21applicant is affiliated.
22 If application is made electronically, the applicant shall
23mark the box associated with the above described statement
24included as part of the online application certifying that the
25statements set forth in this application are true and correct,
26and a signature is not required.

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1 Any person may produce, reproduce, distribute, or return to
2an election authority the application for vote by mail ballot.
3If applications are sent to a post office box controlled by any
4individual or organization that is not an election authority,
5those applications shall (i) include a valid and current phone
6number for the individual or organization controlling the post
7office box and (ii) be turned over to the appropriate election
8authority within 7 days of receipt or, if received within 2
9weeks of the election in which an applicant intends to vote,
10within 2 days of receipt. Failure to turn over the applications
11in compliance with this paragraph shall constitute a violation
12of this Code and shall be punishable as a petty offense with a
13fine of $100 per application. Removing, tampering with, or
14otherwise knowingly making the postmark on the application
15unreadable by the election authority shall establish a
16rebuttable presumption of a violation of this paragraph. Upon
17receipt, the appropriate election authority shall accept and
18promptly process any application for vote by mail ballot
19submitted in a form substantially similar to that required by
20this Section, including any substantially similar production
21or reproduction generated by the applicant.
22(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
2399-522, eff. 6-30-16.)
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