Bill Text: IL HB3542 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that an elector may apply for a vote by mail ballot electronically or by mail no less than 60 days before an election (rather than 5 days). Provides that an elector may apply for a vote by mail ballot in person no less than 60 days before an election (rather than one day). Makes conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3542 Detail]
Download: Illinois-2023-HB3542-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 | |||||||||||||||||||||
5 | Sections 19-2 and 19-4 as follows:
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6 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | |||||||||||||||||||||
7 | Sec. 19-2. Except as otherwise provided in this Code, any | |||||||||||||||||||||
8 | elector as defined in Section 19-1 may by mail or | |||||||||||||||||||||
9 | electronically on the website of the appropriate election | |||||||||||||||||||||
10 | authority, not more than 90 nor less than 60 5 days prior to | |||||||||||||||||||||
11 | the
date of such election, or by personal delivery not more | |||||||||||||||||||||
12 | than 90 nor less
than 60 days one day prior to the date of such | |||||||||||||||||||||
13 | election, make application to the
county clerk or to the Board | |||||||||||||||||||||
14 | of Election Commissioners for an official
ballot for the | |||||||||||||||||||||
15 | voter's precinct to be voted at such election. Such a ballot | |||||||||||||||||||||
16 | shall be delivered to the elector only upon separate | |||||||||||||||||||||
17 | application by the elector for each election. Voters who make | |||||||||||||||||||||
18 | an application for permanent vote by mail ballot status shall | |||||||||||||||||||||
19 | follow the procedures specified in Section 19-3 and may apply | |||||||||||||||||||||
20 | year round. Voters whose application for permanent vote by | |||||||||||||||||||||
21 | mail status is accepted by the election authority shall remain | |||||||||||||||||||||
22 | on the permanent vote by mail list until the voter requests to | |||||||||||||||||||||
23 | be removed from permanent vote by mail status, the voter |
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1 | provides notice to the election authority of a change in | ||||||
2 | registration that affects their registration status, or the | ||||||
3 | election authority receives confirmation that the voter has | ||||||
4 | subsequently registered to vote in another election authority | ||||||
5 | jurisdiction. The URL address at which voters may | ||||||
6 | electronically request a vote by mail ballot shall be fixed no | ||||||
7 | later than 90 calendar days before an election and shall not be | ||||||
8 | changed until after the election.
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9 | (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; | ||||||
10 | 102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)
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11 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
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12 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
13 | Immediately upon
the receipt of such application either by | ||||||
14 | mail or electronic means, not more than 90 days
nor less than | ||||||
15 | 60 5 days prior to such election, or by personal delivery not
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16 | more than 90 days nor less than 60 days one day prior to such | ||||||
17 | election, at the
office of such election authority, it shall | ||||||
18 | be the duty of such election
authority to examine the records | ||||||
19 | to ascertain whether or not such
applicant is lawfully | ||||||
20 | entitled to vote as
requested, including a verification of the | ||||||
21 | applicant's signature by comparison with the signature on the | ||||||
22 | official registration record card, and if found so to be | ||||||
23 | entitled to vote, to post within one business day thereafter
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24 | the name, street address,
ward and precinct number or township | ||||||
25 | and district number, as the case may be,
of such applicant |
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1 | given on a list, the pages of which are to be numbered
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2 | consecutively to be kept by such election authority for such | ||||||
3 | purpose in a
conspicuous, open and public place accessible to | ||||||
4 | the public at the entrance of
the office of such election | ||||||
5 | authority, and in such a manner that such list may
be viewed | ||||||
6 | without necessity of requesting permission therefor. Within | ||||||
7 | one
day after posting the name and other information of an | ||||||
8 | applicant for a vote by mail
ballot, the election authority | ||||||
9 | shall transmit by electronic means pursuant to a process | ||||||
10 | established by the State Board of Elections that name and | ||||||
11 | other
posted information to the State Board of Elections, | ||||||
12 | which shall maintain those
names and other information in an | ||||||
13 | electronic format on its website, arranged by
county and | ||||||
14 | accessible to State and local political committees. Within 2
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15 | business days after posting a name and other information on | ||||||
16 | the list within
its
office, but no sooner than 40 days before | ||||||
17 | an election, the election authority shall mail,
postage | ||||||
18 | prepaid, or deliver in person in such office, or deliver via | ||||||
19 | electronic transmission pursuant to Section 19-2.6, an | ||||||
20 | official ballot
or ballots if more than one are to be voted at | ||||||
21 | said election. Mail delivery
of Temporarily Absent Student | ||||||
22 | ballot applications pursuant to Section
19-12.3 shall be by | ||||||
23 | nonforwardable mail. However,
for the consolidated election, | ||||||
24 | vote by mail ballots for certain precincts may
be delivered to | ||||||
25 | applicants not less than 25 days before the election if
so much | ||||||
26 | time is required to have prepared and printed the ballots |
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1 | containing
the names of persons nominated for offices at the | ||||||
2 | consolidated primary.
The election authority shall enclose | ||||||
3 | with each vote by mail ballot or
application written | ||||||
4 | instructions on how voting assistance shall be provided
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5 | pursuant to Section 17-14 and a document, written and approved | ||||||
6 | by the State
Board of Elections, informing the vote by mail | ||||||
7 | voter of the required postage for returning the application | ||||||
8 | and ballot, and
enumerating
the circumstances under which a | ||||||
9 | person is authorized to vote by vote by mail
ballot pursuant to | ||||||
10 | this Article; such document shall also include a
statement | ||||||
11 | informing the applicant that if he or she falsifies or is
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12 | solicited by another to falsify his or her
eligibility to cast | ||||||
13 | a vote by mail ballot, such applicant or other is subject
to
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14 | penalties pursuant to Section 29-10 and Section 29-20 of the | ||||||
15 | Election Code.
Each election authority shall maintain a list | ||||||
16 | of the name, street address,
ward and
precinct, or township | ||||||
17 | and district number, as the case may be, of all
applicants who | ||||||
18 | have returned vote by mail ballots to such authority, and the | ||||||
19 | name of such vote by mail voter shall be added to such list
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20 | within one business day from receipt of such ballot.
If the | ||||||
21 | vote by mail ballot envelope indicates that the voter was | ||||||
22 | assisted in
casting the ballot, the name of the person so | ||||||
23 | assisting shall be included on
the list. The list, the pages of | ||||||
24 | which are to be numbered consecutively,
shall be kept by each | ||||||
25 | election authority in a conspicuous, open, and public
place | ||||||
26 | accessible to the public at the entrance of the office of the |
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1 | election
authority and in a manner that the list may be viewed | ||||||
2 | without necessity of
requesting permission for viewing.
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3 | Each election authority shall maintain a list for each | ||||||
4 | election
of the
voters to whom it has issued vote by mail | ||||||
5 | ballots. The list shall be
maintained for each precinct within | ||||||
6 | the jurisdiction of the election
authority. Prior to the | ||||||
7 | opening of the polls on election day, the
election authority | ||||||
8 | shall deliver to the judges of election in each
precinct the | ||||||
9 | list of registered voters in that precinct to whom vote by mail
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10 | ballots have been issued by mail.
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11 | Each election authority shall maintain a list for each | ||||||
12 | election of
voters to whom it has issued temporarily absent | ||||||
13 | student ballots. The list
shall be maintained for each | ||||||
14 | election jurisdiction within which such voters
temporarily | ||||||
15 | abide. Immediately after the close of the period during which
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16 | application may be made by mail or electronic means for vote by | ||||||
17 | mail ballots, each election
authority shall mail to each other | ||||||
18 | election authority within the State a
certified list of all | ||||||
19 | such voters temporarily abiding within the
jurisdiction of the | ||||||
20 | other election authority.
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21 | In the event that the return address of an
application for | ||||||
22 | ballot by a physically incapacitated elector
is that of a | ||||||
23 | facility licensed or certified under the Nursing Home Care
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24 | Act, the Specialized Mental Health Rehabilitation Act of 2013, | ||||||
25 | the ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
26 | jurisdiction of the election authority, and the applicant
is a |
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1 | registered voter in the precinct in which such facility is | ||||||
2 | located,
the ballots shall be prepared and transmitted to a | ||||||
3 | responsible judge of
election no later than 9 a.m. on the | ||||||
4 | Friday, Saturday, Sunday, or Monday immediately
preceding the | ||||||
5 | election as designated by the election authority under
Section | ||||||
6 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
7 | day
the ballot to the applicant on the premises of the facility | ||||||
8 | from which
application was made. The election authority shall | ||||||
9 | by mail notify the
applicant in such facility that the ballot | ||||||
10 | will be delivered by a judge of
election on the designated day.
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11 | All applications for vote by mail ballots shall be | ||||||
12 | available at the office
of the election authority for public | ||||||
13 | inspection upon request from the
time of receipt thereof by | ||||||
14 | the election authority until 30 days after the
election, | ||||||
15 | except during the time such applications are kept in the
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16 | office of the election authority pursuant to Section 19-7, and | ||||||
17 | except during
the time such applications are in the possession | ||||||
18 | of the judges of election.
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19 | Notwithstanding any provision of this Section to the | ||||||
20 | contrary, pursuant to subsection (a) of Section 30 of the | ||||||
21 | Address Confidentiality for Victims of Domestic Violence, | ||||||
22 | Sexual Assault, Human Trafficking, or Stalking Act, neither | ||||||
23 | the name nor the address of a program participant under that | ||||||
24 | Act shall be included in any list of registered voters | ||||||
25 | available to the public, including the lists referenced in | ||||||
26 | this Section. |
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1 | (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22.)
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