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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2825 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
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| 10 ILCS 5/1-3 | from Ch. 46, par. 1-3 | 10 ILCS 5/1-13 | | 10 ILCS 5/1-13.5 new | |
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Amends the Election Code. Provides that, no later than 183 days after the effective date of the amendatory Act, the State Board of Elections shall adopt rules authorizing election authorities and local election officials to establish procedures under which digital voter signatures may be collected for nominating, candidate, and referendum petitions. Provides that those rules shall provide that any election authority or local election official may provide or supply electronic devices for the collection of digital voter signatures on petitions. Provides that the electronic devices, whether or not they are supplied by an election authority or local election official, may be capable of allowing a person to access and use the online voter registration system established under specified provisions of the Code. Makes conforming changes.
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| | A BILL FOR |
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| | HB2825 | | LRB103 27257 BMS 57419 b |
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| 1 | | AN ACT concerning elections.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Election Code is amended by changing |
| 5 | | Sections 1-3 and 1-13 and by adding Section 1-13.5 as follows:
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| 6 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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| 7 | | Sec. 1-3. As used in this Act, unless the context |
| 8 | | otherwise requires:
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| 9 | | 1. "Election" includes the submission of all questions of |
| 10 | | public
policy, propositions, and all measures submitted to |
| 11 | | popular vote, and
includes primary elections when so indicated |
| 12 | | by the context.
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| 13 | | 2. "Regular election" means the general, general primary,
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| 14 | | consolidated and consolidated primary elections regularly |
| 15 | | scheduled in Article
2A. The even numbered year municipal |
| 16 | | primary established in Article 2A is
a regular election only |
| 17 | | with respect to those municipalities in which a
primary is |
| 18 | | required to be held on such date.
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| 19 | | 3. "Special election" means an election not regularly |
| 20 | | recurring at fixed
intervals, irrespective of whether it is |
| 21 | | held at the same time and place and by
the same election |
| 22 | | officers as a regular election.
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| 23 | | 4. "General election" means the biennial election at which |
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| 1 | | members of
the General Assembly are elected. "General primary |
| 2 | | election", "consolidated election" and "consolidated primary |
| 3 | | election" mean
the respective elections or the election dates |
| 4 | | designated and established
in Article 2A of this Code.
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| 5 | | 5. "Municipal election" means an election or primary, |
| 6 | | either regular
or special, in cities, villages, and |
| 7 | | incorporated towns; and "municipality"
means any such city, |
| 8 | | village or incorporated town.
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| 9 | | 6. "Political or governmental subdivision" means any unit |
| 10 | | of local
government, or school district in which elections are |
| 11 | | or may be held.
"Political or governmental subdivision" also |
| 12 | | includes, for election purposes,
Regional Boards of School |
| 13 | | Trustees, and Township Boards of School Trustees.
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| 14 | | 7. The word "township" and the word "town" shall apply
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| 15 | | interchangeably to the type of governmental organization |
| 16 | | established in
accordance with the provisions of the Township |
| 17 | | Code. The term
"incorporated town" shall mean a municipality |
| 18 | | referred to as an
incorporated town in the Illinois Municipal |
| 19 | | Code, as now or hereafter
amended.
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| 20 | | 8. "Election authority" means a county clerk or a Board of |
| 21 | | Election
Commissioners.
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| 22 | | 9. "Election Jurisdiction" means (a) an entire county, in |
| 23 | | the case of
a county in which no city board of election |
| 24 | | commissioners is located or
which is under the jurisdiction of |
| 25 | | a county board of election commissioners;
(b) the territorial |
| 26 | | jurisdiction of a city board of election commissioners;
and |
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| 1 | | (c) the territory in a county outside of the jurisdiction of a |
| 2 | | city
board of election commissioners. In each instance |
| 3 | | election jurisdiction
shall be determined according to which |
| 4 | | election authority maintains the
permanent registration |
| 5 | | records of qualified electors.
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| 6 | | 10. "Local election official" means the clerk or secretary |
| 7 | | of a unit
of local government or school district, as the case |
| 8 | | may be, the treasurer
of a township board of school trustees, |
| 9 | | and the regional superintendent
of schools with respect to the |
| 10 | | various school officer elections and school
referenda for |
| 11 | | which the regional superintendent is assigned election duties
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| 12 | | by The School Code, as now or hereafter amended.
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| 13 | | 11. "Judges of election", "primary judges" and similar |
| 14 | | terms, as
applied to cases where there are 2 sets of judges, |
| 15 | | when used in
connection with duties at an election during the |
| 16 | | hours the polls are
open, refer to the team of judges of |
| 17 | | election on duty during such hours;
and, when used with |
| 18 | | reference to duties after the closing of the polls,
refer to |
| 19 | | the team of tally judges designated to count the vote after the
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| 20 | | closing of the polls and the holdover judges designated |
| 21 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, |
| 22 | | after the closing of the
polls, any act is required to be |
| 23 | | performed by each of the judges of
election, it shall be |
| 24 | | performed by each of the tally judges and by each
of the |
| 25 | | holdover judges.
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| 26 | | 12. "Petition" of candidacy as used in Sections 7-10 and |
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| 1 | | 7-10.1
shall consist of a statement of candidacy, candidate's |
| 2 | | statement
containing oath, and sheets containing signatures of |
| 3 | | qualified primary
electors bound together.
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| 4 | | 13. "Election district" and "precinct", when used with |
| 5 | | reference to
a 30-day residence requirement, means the |
| 6 | | smallest constituent territory
in which electors vote as a |
| 7 | | unit at the same polling place in any
election governed by this |
| 8 | | Act.
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| 9 | | 14. "District" means any area which votes as a unit for the |
| 10 | | election of
any officer, other than the State or a unit of |
| 11 | | local government or school
district, and includes, but is not |
| 12 | | limited to, legislative, congressional
and judicial districts, |
| 13 | | judicial circuits, county board districts,
municipal and |
| 14 | | sanitary district wards, school board districts, and |
| 15 | | precincts.
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| 16 | | 15. "Question of public policy" or "public question"
means |
| 17 | | any question, proposition or measure submitted to the voters |
| 18 | | at an
election dealing with subject matter other than the |
| 19 | | nomination or election
of candidates and shall include, but is |
| 20 | | not limited to, any bond or tax
referendum, and questions |
| 21 | | relating to the Constitution.
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| 22 | | 16. "Ordinance providing the form of government of a |
| 23 | | municipality
or county pursuant to Article VII of the |
| 24 | | Constitution" includes ordinances,
resolutions and petitions |
| 25 | | adopted by referendum which provide for the form
of |
| 26 | | government, the officers or the manner of selection or terms |
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| 1 | | of office
of officers of such municipality or county, pursuant |
| 2 | | to the provisions of
Sections 4, 6 or 7 of Article VII of the |
| 3 | | Constitution.
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| 4 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, |
| 5 | | 6-60, and 6-66
shall include a computer tape or computer disc |
| 6 | | or other electronic data
processing information containing |
| 7 | | voter information.
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| 8 | | 18. "Accessible" means accessible to persons with |
| 9 | | disabilities and elderly
individuals for the purpose of voting |
| 10 | | or registration, as determined by
rule of the State Board of |
| 11 | | Elections.
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| 12 | | 19. "Elderly" means 65 years of age or older.
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| 13 | | 20. "Person with a disability" means a person having a |
| 14 | | temporary or permanent physical disability.
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| 15 | | 21. "Leading political party" means one of the two |
| 16 | | political parties
whose candidates for governor at the most |
| 17 | | recent three gubernatorial
elections received either the |
| 18 | | highest or second highest average number of
votes. The |
| 19 | | political party whose candidates for governor received the
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| 20 | | highest average number of votes shall be known as the first |
| 21 | | leading
political party and the political party whose |
| 22 | | candidates for governor
received the second highest average |
| 23 | | number of votes shall be known as the
second leading political |
| 24 | | party.
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| 25 | | 22. "Business day" means any day in which the office of an |
| 26 | | election
authority, local election official or the State Board |
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| 1 | | of Elections is open
to the public for a minimum of 7 hours.
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| 2 | | 23. "Homeless individual" means any person who has a |
| 3 | | nontraditional
residence, including, but not limited to, a |
| 4 | | shelter, day shelter, park
bench, street corner, or space |
| 5 | | under a bridge.
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| 6 | | 24. "Signature" means a name signed in ink or in digitized |
| 7 | | form. Except as otherwise provided in Section 1-13.5, this |
| 8 | | This definition does not apply to a nominating or candidate |
| 9 | | petition or a referendum petition. |
| 10 | | 25. "Intelligent mail barcode tracking system" means a |
| 11 | | printed trackable barcode attached to the return business |
| 12 | | reply envelope for mail-in ballots under Article 19 or Article |
| 13 | | 20 that allows an election authority to determine the date the |
| 14 | | envelope was mailed in absence of a postmark. |
| 15 | | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
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| 16 | | (10 ILCS 5/1-13) |
| 17 | | Sec. 1-13. Forms of signature. The making and signing of |
| 18 | | any form, including an application to register, a certificate |
| 19 | | authorizing cancellation of a registration or authorizing a |
| 20 | | transfer of registration, an application to vote, a |
| 21 | | provisional ballot, or affidavit, but not including a |
| 22 | | nominating or candidate petition or a referendum petition, may |
| 23 | | be by a signature written in ink or in digitized form. Except |
| 24 | | as otherwise provided in Section 1-13.5, the making and |
| 25 | | signing of forms under this Section does not include the |
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| 1 | | signing of a nominating or candidate petition or a referendum |
| 2 | | petition.
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| 3 | | (Source: P.A. 99-522, eff. 6-30-16.)
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| 4 | | (10 ILCS 5/1-13.5 new) |
| 5 | | Sec. 1-13.5. Authorization of digital signatures on |
| 6 | | nominating, candidate, and referendum petitions. No later than |
| 7 | | 183 days after the effective date of this amendatory Act of the |
| 8 | | 103rd General Assembly, the State Board of Elections shall |
| 9 | | adopt rules authorizing election authorities and local |
| 10 | | election officials to establish procedures under which digital |
| 11 | | voter signatures may be collected for nominating, candidate, |
| 12 | | and referendum petitions. Those rules shall provide that any |
| 13 | | election authority or local election official may provide or |
| 14 | | supply electronic devices for the collection of digital voter |
| 15 | | signatures on petitions. The electronic devices, whether or |
| 16 | | not they are supplied by an election authority or local |
| 17 | | election official, may be capable of allowing a person to |
| 18 | | access and use the online voter registration system |
| 19 | | established under Section 1A-16.5.
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