Bill Text: IL HB3063 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that a vote center location established by the election authority shall be compliant with the federal Voting Accessibility for the Elderly and Handicapped Act of 1984. Provides that any voter with a temporary or permanent disability who, because of structural features of the building in which the polling place is located, is unable to access or enter the polling place shall be informed of the nearest accessible vote center. Removes provisions concerning an exception to the requirement that all polling places shall be accessible to voters with disabilities and elderly voters and each polling place shall include at least one voting booth that is wheelchair accessible. In provisions concerning vote centers, changes the repeal date from July 1, 2023 to July 1, 2024. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3063 Detail]

Download: Illinois-2023-HB3063-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3063

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:
10 ILCS 5/11-4.2 from Ch. 46, par. 11-4.2
10 ILCS 5/11-8
10 ILCS 5/17-13 from Ch. 46, par. 17-13

Amends the Election Code. Provides that a vote center location established by the election authority shall be compliant with the federal Voting Accessibility for the Elderly and Handicapped Act of 1984. Provides that any voter with a temporary or permanent disability who, because of structural features of the building in which the polling place is located, is unable to access or enter the polling place shall be informed of the nearest accessible vote center. Removes provisions concerning an exception to the requirement that all polling places shall be accessible to voters with disabilities and elderly voters and each polling place shall include at least one voting booth that is wheelchair accessible. In provisions concerning vote centers, changes the repeal date from July 1, 2023 to July 1, 2024. Effective immediately.
LRB103 27223 BMS 53593 b

A BILL FOR

HB3063LRB103 27223 BMS 53593 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 11-4.2, 11-8, and 17-13 as follows:
6 (10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)
7 Sec. 11-4.2. (a) Except as otherwise provided in
8subsection (b) all polling places shall be accessible to
9voters with disabilities and elderly voters, as determined by
10rule of the State Board of Elections, and each polling place
11shall include at least one voting booth that is wheelchair
12accessible.
13 (b) Subsection (a) of this Section shall not apply to a
14polling place (1) in the case of an emergency, as determined by
15the State Board of Elections; or (2) if the State Board of
16Elections (A) determines that all potential polling places
17have been surveyed and no such accessible place is available,
18nor is the election authority able to make one accessible; and
19(B) assures that any voter with a disability or elderly voter
20assigned to an inaccessible polling place, upon advance
21request of such voter (pursuant to procedures established by
22rule of the State Board of Elections) will be provided with an
23alternative means for casting a ballot on the day of the

HB3063- 2 -LRB103 27223 BMS 53593 b
1election or will be assigned to an accessible polling place.
2 (c) No later than December 31 of each even numbered year,
3the State Board of Elections shall report to the General
4Assembly and the Federal Election Commission the number of
5accessible and inaccessible polling places in the State on the
6date of the next preceding general election, and the reasons
7for any instance of inaccessibility.
8(Source: P.A. 102-668, eff. 11-15-21.)
9 (10 ILCS 5/11-8)
10 (Section scheduled to be repealed on July 1, 2023)
11 Sec. 11-8. Vote centers.
12 (a) Notwithstanding any law to the contrary, election
13authorities shall establish at least one location to be
14located at an office of the election authority or in the
15largest municipality within its jurisdiction where all voters
16in its jurisdiction are allowed to vote on election day during
17polling place hours, regardless of the precinct in which they
18are registered. An election authority establishing such a
19location under this Section shall identify the location and
20any health and safety requirements by the 40th day preceding
21the 2022 general primary election and the 2022 general
22election and certify such to the State Board of Elections.
23 (b) A vote center location established by the election
24authority shall be compliant with the federal Voting
25Accessibility for the Elderly and Handicapped Act of 1984.

HB3063- 3 -LRB103 27223 BMS 53593 b
1 (c) (b) This Section is repealed on July 1, 2024 2023.
2(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
3102-1109, eff. 12-21-22.)
4 (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
5 Sec. 17-13. (a) In the case of an emergency, as determined
6by the State Board of Elections, or if the Board determines
7that all potential polling places have been surveyed by the
8election authority and that no accessible polling place, as
9defined by rule of the State Board of Elections, is available
10within a precinct nor is the election authority able to make a
11polling place within the precinct temporarily accessible, the
12Board, upon written application by the election authority, is
13authorized to grant an exemption from the accessibility
14requirements of the Federal Voting Accessibility for the
15Elderly and Handicapped Act (Public Law 98-435). Such
16exemption shall be valid for a period of 2 years.
17 (b) Any voter with a temporary or permanent disability
18who, because of structural features of the building in which
19the polling place is located, is unable to access or enter the
20polling place shall be informed of the nearest accessible vote
21center as established in Section 11-8. The voter , may request
22that 2 judges of election of opposite party affiliation
23deliver a ballot to him or her at the point where he or she is
24unable to continue forward motion toward the polling place;
25but, in no case, shall a ballot be delivered to the voter

HB3063- 4 -LRB103 27223 BMS 53593 b
1beyond 50 feet of the entrance to the building in which the
2polling place is located. Such request shall be made to the
3election authority not later than the close of business at the
4election authority's office on the day before the election and
5on a form prescribed by the State Board of Elections. The
6election authority shall notify the judges of election for the
7appropriate precinct polling places of such requests.
8 Weather permitting, 2 judges of election shall deliver to
9the voter with a disability the ballot which he or she is
10entitled to vote, a portable voting booth or other enclosure
11that will allow such voter to mark his or her ballot in
12secrecy, and a marking device.
13 (c) The voter must complete the entire voting process,
14including the application for ballot from which the judges of
15election shall compare the voter's signature with the
16signature on his or her registration record card in the
17precinct binder.
18 (d) After the voter has marked his or her ballot and placed
19it in the ballot envelope (or folded it in the manner
20prescribed for paper ballots), the 2 judges of election shall
21return the ballot to the polling place and give it to the judge
22in charge of the ballot box who shall deposit it therein.
23 Pollwatchers as provided in Sections 7-34 and 17-23 of
24this Code shall be permitted to accompany the judges and
25observe the above procedure.
26 No assistance may be given to such voter in marking his or

HB3063- 5 -LRB103 27223 BMS 53593 b
1her ballot, unless the voter requests assistance and completes
2the affidavit required by Section 17-14 of this Code.
3(Source: P.A. 102-1, eff. 4-2-21; 102-15, eff. 6-17-21.)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
feedback