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 2-0)
Status: (Introduced - Dead) 2020-05-21 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB3429 Detail]
Download: Illinois-2019-HB3429-Introduced.html
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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 Section | ||||||||||||||||||||||||
5 | 19-4 as follows:
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6 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
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7 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||||||||||||||||||||
8 | Immediately upon
the receipt of such application either by mail | ||||||||||||||||||||||||
9 | or electronic means, not more than 90 days
nor less than 5 days | ||||||||||||||||||||||||
10 | prior to such election, or by personal delivery not
more than | ||||||||||||||||||||||||
11 | 90 days nor less than one day prior to such election, at the
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12 | office of such election authority, it shall be the duty of such | ||||||||||||||||||||||||
13 | election
authority to examine the records to ascertain whether | ||||||||||||||||||||||||
14 | or not such
applicant is lawfully entitled to vote as
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15 | requested, including a verification of the applicant's | ||||||||||||||||||||||||
16 | signature by comparison with the signature on the official | ||||||||||||||||||||||||
17 | registration record card, and if found so to be entitled to | ||||||||||||||||||||||||
18 | vote, to post within one business day thereafter
the name, | ||||||||||||||||||||||||
19 | street address,
ward and precinct number or township and | ||||||||||||||||||||||||
20 | district number, as the case may be,
of such applicant given on | ||||||||||||||||||||||||
21 | a list, the pages of which are to be numbered
consecutively to | ||||||||||||||||||||||||
22 | be kept by such election authority for such purpose in a
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23 | conspicuous, open and public place accessible to the public at |
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1 | the entrance of
the office of such election authority, and in | ||||||
2 | such a manner that such list may
be viewed without necessity of | ||||||
3 | requesting permission therefor. Within one
day after posting | ||||||
4 | the name and other information of an applicant for a vote by | ||||||
5 | mail
ballot, the election authority shall transmit by | ||||||
6 | electronic means pursuant to a process established by the State | ||||||
7 | Board of Elections that name and other
posted information to | ||||||
8 | the State Board of Elections, which shall maintain those
names | ||||||
9 | and other information in an electronic format on its website, | ||||||
10 | arranged by
county and accessible to State and local political | ||||||
11 | committees. Within 2
business days after posting a name and | ||||||
12 | other information on the list within
its
office, but no sooner | ||||||
13 | than 40 days before an election, the election authority shall | ||||||
14 | mail,
postage prepaid, or deliver in person in such office an | ||||||
15 | official ballot
or ballots if more than one are to be voted at | ||||||
16 | said election. Mail delivery
of Temporarily Absent Student | ||||||
17 | ballot applications pursuant to Section
19-12.3 shall be by | ||||||
18 | nonforwardable mail. However,
for the consolidated election, | ||||||
19 | vote by mail ballots for certain precincts may
be delivered to | ||||||
20 | applicants not less than 25 days before the election if
so much | ||||||
21 | time is required to have prepared and printed the ballots | ||||||
22 | containing
the names of persons nominated for offices at the | ||||||
23 | consolidated primary.
The election authority shall enclose | ||||||
24 | with each vote by mail ballot or
application (i) a prepaid | ||||||
25 | return envelope in which the vote by mail ballot may be | ||||||
26 | returned free of charge, (ii) written instructions on how |
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1 | voting assistance shall be provided
pursuant to Section 17-14 | ||||||
2 | and , (iii) a document, written and approved by the State
Board | ||||||
3 | of Elections, informing the vote by mail voter of the required | ||||||
4 | postage for returning the application and ballot, and
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5 | enumerating
the circumstances under which a person is | ||||||
6 | authorized to vote by vote by mail
ballot pursuant to this | ||||||
7 | Article; such document shall also include a
statement informing | ||||||
8 | the applicant that if he or she falsifies or is
solicited by | ||||||
9 | another to falsify his or her
eligibility to cast a vote by | ||||||
10 | mail ballot, such applicant or other is subject
to
penalties | ||||||
11 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
12 | Code.
Each election authority shall maintain a list of the | ||||||
13 | name, street address,
ward and
precinct, or township and | ||||||
14 | district number, as the case may be, of all
applicants who have | ||||||
15 | returned vote by mail ballots to such authority, and the name | ||||||
16 | of such vote by mail voter shall be added to such list
within | ||||||
17 | one business day from receipt of such ballot.
If the vote by | ||||||
18 | mail ballot envelope indicates that the voter was assisted in
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19 | casting the ballot, the name of the person so assisting shall | ||||||
20 | be included on
the list. The list, the pages of which are to be | ||||||
21 | numbered consecutively,
shall be kept by each election | ||||||
22 | authority in a conspicuous, open, and public
place accessible | ||||||
23 | to the public at the entrance of the office of the election
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24 | authority and in a manner that the list may be viewed without | ||||||
25 | necessity of
requesting permission for viewing.
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26 | Each election authority shall maintain a list for each |
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1 | election
of the
voters to whom it has issued vote by mail | ||||||
2 | ballots. The list shall be
maintained for each precinct within | ||||||
3 | the jurisdiction of the election
authority. Prior to the | ||||||
4 | opening of the polls on election day, the
election authority | ||||||
5 | shall deliver to the judges of election in each
precinct the | ||||||
6 | list of registered voters in that precinct to whom vote by mail
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7 | ballots have been issued by mail.
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8 | Each election authority shall maintain a list for each | ||||||
9 | election of
voters to whom it has issued temporarily absent | ||||||
10 | student ballots. The list
shall be maintained for each election | ||||||
11 | jurisdiction within which such voters
temporarily abide. | ||||||
12 | Immediately after the close of the period during which
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13 | application may be made by mail or electronic means for vote by | ||||||
14 | mail ballots, each election
authority shall mail to each other | ||||||
15 | election authority within the State a
certified list of all | ||||||
16 | such voters temporarily abiding within the
jurisdiction of the | ||||||
17 | other election authority.
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18 | In the event that the return address of an
application for | ||||||
19 | ballot by a physically incapacitated elector
is that of a | ||||||
20 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
21 | the Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
22 | ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
23 | jurisdiction of the election authority, and the applicant
is a | ||||||
24 | registered voter in the precinct in which such facility is | ||||||
25 | located,
the ballots shall be prepared and transmitted to a | ||||||
26 | responsible judge of
election no later than 9 a.m. on the |
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1 | Friday, Saturday, Sunday, or Monday immediately
preceding the | ||||||
2 | election as designated by the election authority under
Section | ||||||
3 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
4 | day
the ballot to the applicant on the premises of the facility | ||||||
5 | from which
application was made. The election authority shall | ||||||
6 | by mail notify the
applicant in such facility that the ballot | ||||||
7 | will be delivered by a judge of
election on the designated day.
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8 | All applications for vote by mail ballots shall be | ||||||
9 | available at the office
of the election authority for public | ||||||
10 | inspection upon request from the
time of receipt thereof by the | ||||||
11 | election authority until 30 days after the
election, except | ||||||
12 | during the time such applications are kept in the
office of the | ||||||
13 | election authority pursuant to Section 19-7, and except during
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14 | the time such applications are in the possession of the judges | ||||||
15 | of election.
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16 | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
17 | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | ||||||
18 | 7-29-15; 99-522, eff. 6-30-16.)
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