Bill Text: IL SB1637 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that an election authority shall provide a trackable return envelope to return a vote by mail ballot, including absentee ballots for voters in military or naval service. Requires each election authority to provide online access to the vote by mail ballot list and corresponding dates to when the ballot was requested, received, and returned to the election authority and to update the online vote by mail status list daily. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-28 - Rule 3-9(a) / Re-referred to Assignments [SB1637 Detail]

Download: Illinois-2019-SB1637-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1637

Introduced 2/15/2019, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/20-4 from Ch. 46, par. 20-4

Amends the Election Code. Provides that an election authority shall provide a trackable return envelope to return a vote by mail ballot, including absentee ballots for voters in military or naval service. Requires each election authority to provide online access to the vote by mail ballot list and corresponding dates to when the ballot was requested, received, and returned to the election authority and to update the online vote by mail status list daily. Effective immediately.
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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
5Sections 1-3, 19-4, and 20-4 as follows:
6 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
7 Sec. 1-3. As used in this Act, unless the context otherwise
8requires:
9 1. "Election" includes the submission of all questions of
10public policy, propositions, and all measures submitted to
11popular vote, and includes primary elections when so indicated
12by the context.
13 2. "Regular election" means the general, general primary,
14consolidated and consolidated primary elections regularly
15scheduled in Article 2A. The even numbered year municipal
16primary established in Article 2A is a regular election only
17with respect to those municipalities in which a primary is
18required to be held on such date.
19 3. "Special election" means an election not regularly
20recurring at fixed intervals, irrespective of whether it is
21held at the same time and place and by the same election
22officers as a regular election.
23 4. "General election" means the biennial election at which

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1members of the General Assembly are elected. "General primary
2election", "consolidated election" and "consolidated primary
3election" mean the respective elections or the election dates
4designated and established in Article 2A of this Code.
5 5. "Municipal election" means an election or primary,
6either regular or special, in cities, villages, and
7incorporated towns; and "municipality" means any such city,
8village or incorporated town.
9 6. "Political or governmental subdivision" means any unit
10of local government, or school district in which elections are
11or may be held. "Political or governmental subdivision" also
12includes, for election purposes, Regional Boards of School
13Trustees, and Township Boards of School Trustees.
14 7. The word "township" and the word "town" shall apply
15interchangeably to the type of governmental organization
16established in accordance with the provisions of the Township
17Code. The term "incorporated town" shall mean a municipality
18referred to as an incorporated town in the Illinois Municipal
19Code, as now or hereafter amended.
20 8. "Election authority" means a county clerk or a Board of
21Election Commissioners.
22 9. "Election Jurisdiction" means (a) an entire county, in
23the case of a county in which no city board of election
24commissioners is located or which is under the jurisdiction of
25a county board of election commissioners; (b) the territorial
26jurisdiction of a city board of election commissioners; and (c)

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1the territory in a county outside of the jurisdiction of a city
2board of election commissioners. In each instance election
3jurisdiction shall be determined according to which election
4authority maintains the permanent registration records of
5qualified electors.
6 10. "Local election official" means the clerk or secretary
7of a unit of local government or school district, as the case
8may be, the treasurer of a township board of school trustees,
9and the regional superintendent of schools with respect to the
10various school officer elections and school referenda for which
11the regional superintendent is assigned election duties by The
12School Code, as now or hereafter amended.
13 11. "Judges of election", "primary judges" and similar
14terms, as applied to cases where there are 2 sets of judges,
15when used in connection with duties at an election during the
16hours the polls are open, refer to the team of judges of
17election on duty during such hours; and, when used with
18reference to duties after the closing of the polls, refer to
19the team of tally judges designated to count the vote after the
20closing of the polls and the holdover judges designated
21pursuant to Section 13-6.2 or 14-5.2. In such case, where,
22after the closing of the polls, any act is required to be
23performed by each of the judges of election, it shall be
24performed by each of the tally judges and by each of the
25holdover judges.
26 12. "Petition" of candidacy as used in Sections 7-10 and

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17-10.1 shall consist of a statement of candidacy, candidate's
2statement containing oath, and sheets containing signatures of
3qualified primary electors bound together.
4 13. "Election district" and "precinct", when used with
5reference to a 30-day residence requirement, means the smallest
6constituent territory in which electors vote as a unit at the
7same polling place in any election governed by this Act.
8 14. "District" means any area which votes as a unit for the
9election of any officer, other than the State or a unit of
10local government or school district, and includes, but is not
11limited to, legislative, congressional and judicial districts,
12judicial circuits, county board districts, municipal and
13sanitary district wards, school board districts, and
14precincts.
15 15. "Question of public policy" or "public question" means
16any question, proposition or measure submitted to the voters at
17an election dealing with subject matter other than the
18nomination or election of candidates and shall include, but is
19not limited to, any bond or tax referendum, and questions
20relating to the Constitution.
21 16. "Ordinance providing the form of government of a
22municipality or county pursuant to Article VII of the
23Constitution" includes ordinances, resolutions and petitions
24adopted by referendum which provide for the form of government,
25the officers or the manner of selection or terms of office of
26officers of such municipality or county, pursuant to the

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1provisions of Sections 4, 6 or 7 of Article VII of the
2Constitution.
3 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
46-60, and 6-66 shall include a computer tape or computer disc
5or other electronic data processing information containing
6voter information.
7 18. "Accessible" means accessible to persons with
8disabilities and elderly individuals for the purpose of voting
9or registration, as determined by rule of the State Board of
10Elections.
11 19. "Elderly" means 65 years of age or older.
12 20. "Person with a disability" means a person having a
13temporary or permanent physical disability.
14 21. "Leading political party" means one of the two
15political parties whose candidates for governor at the most
16recent three gubernatorial elections received either the
17highest or second highest average number of votes. The
18political party whose candidates for governor received the
19highest average number of votes shall be known as the first
20leading political party and the political party whose
21candidates for governor received the second highest average
22number of votes shall be known as the second leading political
23party.
24 22. "Business day" means any day in which the office of an
25election authority, local election official or the State Board
26of Elections is open to the public for a minimum of 7 hours.

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1 23. "Homeless individual" means any person who has a
2nontraditional residence, including, but not limited to, a
3shelter, day shelter, park bench, street corner, or space under
4a bridge.
5 24. "Signature" means a name signed in ink or in digitized
6form. This definition does not apply to a nominating or
7candidate petition or a referendum petition.
8 25. "Intelligent mail barcode tracking system" means a
9printed trackable barcode attached to the return business reply
10envelope for mail-in ballots under Article 19 or Article 20
11that allows an election authority to determine the date the
12envelope was mailed in absence of a postmark.
13 26. "Trackable" means using an intelligent mail barcode
14tracking system.
15(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
16 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
17 Sec. 19-4. Mailing or delivery of ballots; time.
18Immediately upon the receipt of such application either by mail
19or electronic means, not more than 90 days nor less than 5 days
20prior to such election, or by personal delivery not more than
2190 days nor less than one day prior to such election, at the
22office of such election authority, it shall be the duty of such
23election authority to examine the records to ascertain whether
24or not such applicant is lawfully entitled to vote as
25requested, including a verification of the applicant's

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1signature by comparison with the signature on the official
2registration record card, and if found so to be entitled to
3vote, to post within one business day thereafter the name,
4street address, ward and precinct number or township and
5district number, as the case may be, of such applicant given on
6a list, the pages of which are to be numbered consecutively to
7be kept by such election authority for such purpose in a
8conspicuous, open and public place accessible to the public at
9the entrance of the office of such election authority, and in
10such a manner that such list may be viewed without necessity of
11requesting permission therefor. Within one day after posting
12the name and other information of an applicant for a vote by
13mail ballot, the election authority shall transmit by
14electronic means pursuant to a process established by the State
15Board of Elections that name and other posted information to
16the State Board of Elections, which shall maintain those names
17and other information in an electronic format on its website,
18arranged by county and accessible to State and local political
19committees. Within 2 business days after posting a name and
20other information on the list within its office, but no sooner
21than 40 days before an election, the election authority shall
22mail, postage prepaid and trackable, or deliver in person in
23such office an official ballot or ballots if more than one are
24to be voted at said election. Included with the ballot or
25ballots, the election authority shall also mail return
26envelopes, postage prepaid and trackable, or deliver in person

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1in such office a return envelope or envelopes if more than one
2are needed at said election. Mail delivery of Temporarily
3Absent Student ballot applications pursuant to Section 19-12.3
4shall be by nonforwardable mail. However, for the consolidated
5election, vote by mail ballots for certain precincts may be
6delivered to applicants not less than 25 days before the
7election if so much time is required to have prepared and
8printed the ballots containing the names of persons nominated
9for offices at the consolidated primary. The election authority
10shall enclose with each vote by mail ballot or application
11written instructions on how voting assistance shall be provided
12pursuant to Section 17-14 and a document, written and approved
13by the State Board of Elections, informing the vote by mail
14voter of the required postage for returning the application and
15ballot, and enumerating the circumstances under which a person
16is authorized to vote by vote by mail ballot pursuant to this
17Article; such document shall also include a statement informing
18the applicant that if he or she falsifies or is solicited by
19another to falsify his or her eligibility to cast a vote by
20mail ballot, such applicant or other is subject to penalties
21pursuant to Section 29-10 and Section 29-20 of the Election
22Code. Each election authority shall maintain a list of the
23name, street address, ward and precinct, or township and
24district number, as the case may be, of all applicants who have
25requested, received, or returned vote by mail ballots to such
26authority, and the name of such vote by mail voter shall be

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1added to such list within one business day from receipt of such
2ballot. Each election authority shall provide online access to
3the vote by mail ballot list and corresponding dates to when
4the ballot was requested, received, and returned to the
5election authority. This online vote by mail status list shall
6be updated by the election authority daily. If the vote by mail
7ballot envelope indicates that the voter was assisted in
8casting the ballot, the name of the person so assisting shall
9be included on the list. The list, the pages of which are to be
10numbered consecutively, shall be kept by each election
11authority in a conspicuous, open, and public place accessible
12to the public at the entrance of the office of the election
13authority and in a manner that the list may be viewed without
14necessity of requesting permission for viewing in addition to
15being available on the election authority's website.
16 Each election authority shall maintain a list for each
17election of the voters to whom it has issued vote by mail
18ballots. The list shall be maintained for each precinct within
19the jurisdiction of the election authority. Prior to the
20opening of the polls on election day, the election authority
21shall deliver to the judges of election in each precinct the
22list of registered voters in that precinct to whom vote by mail
23ballots have been issued by mail.
24 Each election authority shall maintain a list for each
25election of voters to whom it has issued temporarily absent
26student ballots. The list shall be maintained for each election

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1jurisdiction within which such voters temporarily abide.
2Immediately after the close of the period during which
3application may be made by mail or electronic means for vote by
4mail ballots, each election authority shall mail to each other
5election authority within the State a certified list of all
6such voters temporarily abiding within the jurisdiction of the
7other election authority.
8 In the event that the return address of an application for
9ballot by a physically incapacitated elector is that of a
10facility licensed or certified under the Nursing Home Care Act,
11the Specialized Mental Health Rehabilitation Act of 2013, the
12ID/DD Community Care Act, or the MC/DD Act, within the
13jurisdiction of the election authority, and the applicant is a
14registered voter in the precinct in which such facility is
15located, the ballots shall be prepared and transmitted to a
16responsible judge of election no later than 9 a.m. on the
17Friday, Saturday, Sunday, or Monday immediately preceding the
18election as designated by the election authority under Section
1919-12.2. Such judge shall deliver in person on the designated
20day the ballot to the applicant on the premises of the facility
21from which application was made. The election authority shall
22by mail notify the applicant in such facility that the ballot
23will be delivered by a judge of election on the designated day.
24 All applications for vote by mail ballots shall be
25available at the office of the election authority for public
26inspection upon request from the time of receipt thereof by the

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1election authority until 30 days after the election, except
2during the time such applications are kept in the office of the
3election authority pursuant to Section 19-7, and except during
4the time such applications are in the possession of the judges
5of election.
6(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
798-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
87-29-15; 99-522, eff. 6-30-16.)
9 (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
10 Sec. 20-4. Immediately upon the receipt of the official
11postcard or an application as provided in Section 20-3 within
12the times heretofore prescribed, the election authority shall
13ascertain whether or not such applicant is legally entitled to
14vote as requested, including verification of the applicant's
15signature by comparison with the signature on the official
16registration record card, if any. If the election authority
17ascertains that the applicant is lawfully entitled to vote, it
18shall enter the name, street address, ward and precinct number
19of such applicant on a list to be posted in his or its office in
20a place accessible to the public. Within one day after posting
21the name and other information of an applicant for a ballot,
22the election authority shall transmit that name and posted
23information to the State Board of Elections, which shall
24maintain the names and other information in an electronic
25format on its website, arranged by county and accessible to

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1State and local political committees. Each election authority
2shall provide online access to the vote by mail ballot list and
3corresponding dates to when the ballot was requested, received,
4and returned to the election authority. This online vote by
5mail status list shall be updated by the election authority
6daily. As soon as the official ballot is prepared the election
7authority shall immediately deliver the same to the applicant
8in person, by mail, by facsimile transmission, or by electronic
9transmission as provided in this Article. Included with the
10ballot or ballots, the election authority shall also mail
11return envelopes, postage prepaid and trackable, or deliver in
12person in such office a return envelope or envelopes if more
13than one are needed at said election.
14 If any such election authority receives a second or
15additional application which it believes is from the same
16person, he or it shall submit it to the chief judge of the
17circuit court or any judge of that court designated by the
18chief judge. If the chief judge or his designate determines
19that the application submitted to him is a second or additional
20one, he shall so notify the election authority who shall
21disregard the second or additional application.
22 The election authority shall maintain a list for each
23election of the voters to whom it has issued vote by mail
24ballots. The list shall be maintained for each precinct within
25the jurisdiction of the election authority. Prior to the
26opening of the polls on election day, the election authority

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1shall deliver to the judges of election in each precinct the
2list of registered voters in that precinct to whom vote by mail
3ballots have been issued.
4 Election authorities may transmit by facsimile or other
5electronic means a ballot simultaneously with transmitting an
6application for vote by mail ballot; however, no such ballot
7shall be counted unless an application has been completed by
8the voter and the election authority ascertains that the
9applicant is lawfully entitled to vote as provided in this
10Section.
11(Source: P.A. 98-1171, eff. 6-1-15.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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