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
 


HB3429LRB101 09917 SMS 55019 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 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.)