Bill Text: IL HB3429 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Election Code. Requires an election authority to enclose a prepaid return envelope with a vote by mail ballot or application in which the vote by mail ballot may be returned free of charge (rather than informing the vote by mail voter of the required postage for returning the application and ballot).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3429 Detail]

Download: Illinois-2019-HB3429-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3429

Introduced , by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:
10 ILCS 5/19-4 from Ch. 46, par. 19-4

Amends the Election Code. Requires an election authority to enclose a prepaid return envelope with a vote by mail ballot or application in which the vote by mail ballot may be returned free of charge (rather than informing the vote by mail voter of the required postage for returning the application and ballot).
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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
519-4 as follows:
6 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
7 Sec. 19-4. Mailing or delivery of ballots; time.
8Immediately upon the receipt of such application either by mail
9or electronic means, not more than 90 days nor less than 5 days
10prior to such election, or by personal delivery not more than
1190 days nor less than one day prior to such election, at the
12office of such election authority, it shall be the duty of such
13election authority to examine the records to ascertain whether
14or not such applicant is lawfully entitled to vote as
15requested, including a verification of the applicant's
16signature by comparison with the signature on the official
17registration record card, and if found so to be entitled to
18vote, to post within one business day thereafter the name,
19street address, ward and precinct number or township and
20district number, as the case may be, of such applicant given on
21a list, the pages of which are to be numbered consecutively to
22be kept by such election authority for such purpose in a
23conspicuous, open and public place accessible to the public at

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

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

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

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1Friday, Saturday, Sunday, or Monday immediately preceding the
2election as designated by the election authority under Section
319-12.2. Such judge shall deliver in person on the designated
4day the ballot to the applicant on the premises of the facility
5from which application was made. The election authority shall
6by mail notify the applicant in such facility that the ballot
7will be delivered by a judge of election on the designated day.
8 All applications for vote by mail ballots shall be
9available at the office of the election authority for public
10inspection upon request from the time of receipt thereof by the
11election authority until 30 days after the election, except
12during the time such applications are kept in the office of the
13election authority pursuant to Section 19-7, and except during
14the time such applications are in the possession of the judges
15of election.
16(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
1798-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
187-29-15; 99-522, eff. 6-30-16.)
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