Bill Text: IL HB3384 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Election Code. Requires county clerks to immediately post vote totals received by each precinct, including vote by mail ballots determined to be valid, on the county clerk's website.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3384 Detail]

Download: Illinois-2019-HB3384-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3384 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
10 ILCS 5/17-20 from Ch. 46, par. 17-20
10 ILCS 5/19-8 from Ch. 46, par. 19-8
Amends the Election Code. Requires county clerks to immediately post vote totals received by each precinct, including vote by mail ballots determined to be valid, on the county clerk's website.
LRB101 09911 SMS 55013 b
A BILL FOR
HB3384 LRB101 09911 SMS 55013 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 changing
Sections 17-20 and 19-8 as follows:
(10 ILCS 5/17-20) (from Ch. 46, par. 17-20)
Sec. 17-20. When the canvass of the ballots has been
completed, the tally judges shall announce to the judges the
total number of votes received by each candidate; each judge of
the election shall proclaim in a loud voice the total number of
votes received by each of the persons voted for and the office
for which he is designated, and the number of votes for and
number of votes against any proposition which has been
submitted to a vote of the people; such proclamation shall be
prima facie evidence of the result of such canvass of the
ballots.
Immediately after making such proclamation the judges
shall designate one of their number to go to the nearest
telephone and report to the office of the county clerk the
results announced in such proclamation. The county clerk in
such counties shall keep his office open after the close of the
polls on the day of any election and thereafter until he has
received from each precinct in such county the report above

HB3384 - 2 - LRB101 09911 SMS 55013 b
provided for. Immediately upon receiving such report the county
clerk shall cause the same to be posted in a public place in
his office for inspection by the public and shall post the vote
totals for each precinct on the county clerk's website.
Immediately after making such report such judge shall return to
the polling place.
After making such proclamation and before separating, the
judges of all counties shall fold or roll all of the ballots
which have been counted by them, except those ballots which
have been in the ballot box but have not been counted and
marked "defective" or "objected to", securely bind them,
lengthwise and in width, with a soft cord having a minimum
tensile strength of 60 pounds, and wrap the same with heavy
wrapping paper on which the judges of election shall write
their signature and seal the package with filament over the
signatures and around the package lengthwise and crosswise, at
least twice each way, so that the ballots cannot be removed
from the package without breaking the seal and the filament
tape and disturbing the signatures, and enclose the ballots so
wrapped, together with the envelope containing the ballots
marked "defective" or "objected to", in a secure canvass
covering, which the judges of election shall sign and seal with
filament tape as above specified. The precinct judges of
election shall elect 2 judges (one from each of the major
political parties), who shall immediately return the ballots,
in such sealed canvass covering, to the election authority who

HB3384 - 3 - LRB101 09911 SMS 55013 b
shall keep their respective offices, or any receiving stations
designated by them, open for at least 12 consecutive hours
after the polls close, or until the ballots from all precincts
within the jurisdiction of any such election authority are
returned to the office of such election authority, signed and
sealed as above specified. Ballots returned to the office of an
election authority which are not signed and sealed as above
specified shall not be accepted until the judges returning the
same sign and properly seal the same. Upon acceptance of the
returned ballots by the election authority, the judges
returning the same shall take a receipt signed by the election
authority and stamped with the time and date of such return.
The election judges whose duty it is to return any ballots as
above provided shall, in the event such ballots cannot be found
when needed, on proper request, produce the receipt which they
are to take as above provided. Upon receiving the ballots so
returned, the election authority shall carefully preserve the
ballots for 2 months, subject to their examination in a
discovery recount proceeding in accordance with law. However,
where electronic voting systems are used, the apparatus or
frame in which the ballot booklet is contained shall not be
subject to the 2 month preservation requirement. At the
expiration of that time such election authority shall remove
the same from original package and shall destroy the same,
together with all unused ballots returned from the polling
places. If any contest of election is pending at such time in

HB3384 - 4 - LRB101 09911 SMS 55013 b
which such ballots may be required as evidence, and such
election authority has notice thereof the same shall not be
destroyed until after such contest is finally determined.
Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 83-1362.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each vote by mail voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority before the closing of
the polls on election day shall be endorsed by the receiving
election authority with the day and hour of receipt and may be
processed by the election authority beginning on the day it is
received by the election authority in the central ballot
counting location of the election authority, but the results of
the processing may not be counted until the day of the election
after 7:00 p.m., except as provided in subsections (g) and
(g-5).
(c) Each vote by mail voter's ballot that is mailed to an
election authority and postmarked no later than election day,
but that is received by the election authority after the polls

HB3384 - 5 - LRB101 09911 SMS 55013 b
close on election day and before the close of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots.
Each vote by mail voter's ballot that is mailed to an
election authority absent a postmark or a barcode usable with
an intelligent mail barcode tracking system, but that is
received by the election authority after the polls close on
election day and before the close of the period for counting
provisional ballots cast at that election, shall be endorsed by
the receiving authority with the day and hour of receipt,
opened to inspect the date inserted on the certification, and,
if the certification date is election day or earlier and the
ballot is otherwise found to be valid under the requirements of
this Section, counted at the central ballot counting location
of the election authority during the period for counting
provisional ballots. Absent a date on the certification, the
ballot shall not be counted.
If an election authority is using an intelligent mail
barcode tracking system, a ballot that is mailed to an election
authority absent a postmark may be counted if the intelligent
mail barcode tracking system verifies the envelope was mailed
no later than election day.
(d) Special write-in vote by mail voter's blank ballots

HB3384 - 6 - LRB101 09911 SMS 55013 b
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same
period provided for counting vote by mail voters' ballots under
subsections (b), (g), and (g-5). Special write-in vote by mail
voter's blank ballots that are mailed to an election authority
and postmarked no later than election day, but that are
received by the election authority after the polls close on
election day and before the closing of the period for counting
provisional ballots cast at that election, shall be endorsed by
the receiving authority with the day and hour of receipt and
shall be counted at the central ballot counting location of the
election authority during the same periods provided for
counting vote by mail voters' ballots under subsection (c).
(e) Except as otherwise provided in this Section, vote by
mail voters' ballots and special write-in vote by mail voter's
blank ballots received by the election authority after the
closing of the polls on an election day shall be endorsed by
the election authority receiving them with the day and hour of
receipt and shall be safely kept unopened by the election
authority for the period of time required for the preservation
of ballots used at the election, and shall then, without being
opened, be destroyed in like manner as the used ballots of that

HB3384 - 7 - LRB101 09911 SMS 55013 b
election.
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all vote by mail voters'
ballots and special write-in vote by mail voter's blank ballots
required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and 18 of this
Code shall apply to all ballots counted under this Section. In
addition, within 2 days after a vote by mail ballot is
received, but in all cases before the close of the period for
counting provisional ballots, the election judge or official
shall compare the voter's signature on the certification
envelope of that vote by mail ballot with the signature of the
voter on file in the office of the election authority. If the
election judge or official determines that the 2 signatures
match, and that the vote by mail voter is otherwise qualified
to cast a vote by mail ballot, the election authority shall
cast and count the ballot on election day or the day the ballot
is determined to be valid, whichever is later, adding the
results to the precinct in which the voter is registered. If
the election judge or official determines that the signatures
do not match, or that the vote by mail voter is not qualified
to cast a vote by mail ballot, then without opening the
certification envelope, the judge or official shall mark across

HB3384 - 8 - LRB101 09911 SMS 55013 b
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
In addition to the voter's signatures not matching, a vote
by mail ballot may be rejected by the election judge or
official:
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If a vote by mail ballot is rejected by the election
judge or official for any reason, the election authority shall,
within 2 days after the rejection but in all cases before the
close of the period for counting provisional ballots, notify
the vote by mail voter that his or her ballot was rejected. The
notice shall inform the voter of the reason or reasons the
ballot was rejected and shall state that the voter may appear
before the election authority, on or before the 14th day after
the election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election

HB3384 - 9 - LRB101 09911 SMS 55013 b
authority supporting his or her contention that the ballot
should be counted. The election authority shall appoint a panel
of 3 election judges to review the contested ballot,
application, and certification envelope, as well as any
evidence submitted by the vote by mail voter. No more than 2
election judges on the reviewing panel shall be of the same
political party. The reviewing panel of election judges shall
make a final determination as to the validity of the contested
vote by mail ballot. The judges' determination shall not be
reviewable either administratively or judicially.
A vote by mail ballot subject to this subsection that is
determined to be valid shall be counted before the close of the
period for counting provisional ballots.
(g-10) All vote by mail ballots determined to be valid
shall be added to the vote totals for the precincts for which
they were cast in the order in which the ballots were opened
and added to the vote totals for each precinct on the county
clerk's website as required under Section 17-20.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)