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

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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: (Failed) 2021-01-13 - Session Sine Die [SB1637 Detail]

Download: Illinois-2019-SB1637-Introduced.html

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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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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 1-3, 19-4, and 20-4 as follows:
(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
Sec. 1-3. As used in this Act, unless the context otherwise
requires:
1. "Election" includes the submission of all questions of
public policy, propositions, and all measures submitted to
popular vote, and includes primary elections when so indicated
by the context.
2. "Regular election" means the general, general primary,
consolidated and consolidated primary elections regularly
scheduled in Article 2A. The even numbered year municipal
primary established in Article 2A is a regular election only
with respect to those municipalities in which a primary is
required to be held on such date.
3. "Special election" means an election not regularly
recurring at fixed intervals, irrespective of whether it is
held at the same time and place and by the same election
officers as a regular election.
4. "General election" means the biennial election at which

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

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

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

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

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

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

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

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added to such list within one business day from receipt of such
ballot. Each election authority shall 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. This online vote by mail status list shall
be updated by the election authority daily. If the vote by mail
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing in addition to
being available on the election authority's website.
Each election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority
shall deliver to the judges of election in each precinct the
list of registered voters in that precinct to whom vote by mail
ballots have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election

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jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for vote by
mail ballots, each election authority shall mail to each other
election authority within the State a certified list of all
such voters temporarily abiding within the jurisdiction of the
other election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, the
ID/DD Community Care Act, or the MC/DD Act, within the
jurisdiction of the election authority, and the applicant is a
registered voter in the precinct in which such facility is
located, the ballots shall be prepared and transmitted to a
responsible judge of election no later than 9 a.m. on the
Friday, Saturday, Sunday, or Monday immediately preceding the
election as designated by the election authority under Section
19-12.2. Such judge shall deliver in person on the designated
day the ballot to the applicant on the premises of the facility
from which application was made. The election authority shall
by mail notify the applicant in such facility that the ballot
will be delivered by a judge of election on the designated day.
All applications for vote by mail ballots shall be
available at the office of the election authority for public
inspection upon request from the time of receipt thereof by the

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

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State and local political committees. Each election authority
shall 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. This online vote by
mail status list shall be updated by the election authority
daily. As soon as the official ballot is prepared the election
authority shall immediately deliver the same to the applicant
in person, by mail, by facsimile transmission, or by electronic
transmission as provided in this Article. Included with the
ballot or ballots, the election authority shall also mail
return envelopes, postage prepaid and trackable, or deliver in
person in such office a return envelope or envelopes if more
than one are needed at said election.
If any such election authority receives a second or
additional application which it believes is from the same
person, he or it shall submit it to the chief judge of the
circuit court or any judge of that court designated by the
chief judge. If the chief judge or his designate determines
that the application submitted to him is a second or additional
one, he shall so notify the election authority who shall
disregard the second or additional application.
The election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority

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