Bill Text: IL SB1907 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Election Code. Requires the State Board of Elections to adopt rules establishing a procedure to send vote by mail ballots via electronic transmission and enable a voter with a disability to independently and privately mark a ballot using assistive technology in order for the voter to vote by mail. Provides that if a request for an accessible vote by mail ballot from a voter with a disability arrives after the election authority begins transmitting vote by mail ballots and instructions to voters, the election authority shall transmit the ballot, instructions, and balloting materials to the voter within 3 business days after receipt of the application. Requires a vote by mail ballot provided to a voter with a disability to be received and marked as required by all vote by mail ballots. Makes corresponding changes throughout the Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-03-25 - Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins [SB1907 Detail]

Download: Illinois-2021-SB1907-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1907

Introduced 2/26/2021, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:
10 ILCS 5/19-2.4 new
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/24A-14 from Ch. 46, par. 24A-14

Amends the Election Code. Requires the State Board of Elections to adopt rules establishing a procedure to send vote by mail ballots via electronic transmission and enable a voter with a disability to independently and privately mark a ballot using assistive technology in order for the voter to vote by mail. Provides that if a request for an accessible vote by mail ballot from a voter with a disability arrives after the election authority begins transmitting vote by mail ballots and instructions to voters, the election authority shall transmit the ballot, instructions, and balloting materials to the voter within 3 business days after receipt of the application. Requires a vote by mail ballot provided to a voter with a disability to be received and marked as required by all vote by mail ballots. Makes corresponding changes throughout the Code. Effective immediately.
LRB102 17301 SMS 22785 b

A BILL FOR

SB1907LRB102 17301 SMS 22785 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
5Sections 19-4, 19-5, and 24A-14 and by adding Section 19-2.4
6as follows:
7 (10 ILCS 5/19-2.4 new)
8 Sec. 19-2.4. Vote by mail; accommodation for voters with a
9disability.
10 (a) As used in this Section:
11 "Electronic transmission" includes, but is not limited to,
12transmission by email or the Internet.
13 "Voter with a disability" means a person having a
14temporary or permanent physical or mental impairment.
15 (b) The State Board of Elections shall adopt rules
16establishing a procedure to send vote by mail ballots via
17electronic transmission and enable a voter with a disability
18to independently and privately mark a ballot using assistive
19technology in order for the voter to vote by mail pursuant to
20this Article. The State Board of Elections' adopted rules
21shall include a method subject to the provisions in Sections
2219-2 and 19-3 by which a voter with a disability may request an
23accessible vote by mail ballot.

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1 (c) If a request for an accessible vote by mail ballot from
2a voter with a disability arrives after the election authority
3begins transmitting vote by mail ballots and instructions to
4voters, the election authority shall transmit the ballot,
5instructions, and balloting materials to the voter within 3
6business days after receipt of the application.
7 (d) Ballots received and marked pursuant to this Section
8must be printed by the voter and returned to the election
9authority as provided in Section 19-6.
10 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
11 Sec. 19-4. Mailing or delivery of ballots; time.
12Immediately upon the receipt of such application either by
13mail or electronic means, not more than 90 days nor less than 5
14days prior to such election, or by personal delivery not more
15than 90 days nor less than one day prior to such election, at
16the office of such election authority, it shall be the duty of
17such election authority to examine the records to ascertain
18whether or not such applicant is lawfully entitled to vote as
19requested, including a verification of the applicant's
20signature by comparison with the signature on the official
21registration record card, and if found so to be entitled to
22vote, to post within one business day thereafter the name,
23street address, ward and precinct number or township and
24district number, as the case may be, of such applicant given on
25a list, the pages of which are to be numbered consecutively to

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1be kept by such election authority for such purpose in a
2conspicuous, open and public place accessible to the public at
3the entrance of the office of such election authority, and in
4such a manner that such list may be viewed without necessity of
5requesting permission therefor. Within one day after posting
6the name and other information of an applicant for a vote by
7mail ballot, the election authority shall transmit by
8electronic means pursuant to a process established by the
9State Board of Elections that name and other posted
10information to the State Board of Elections, which shall
11maintain those names and other information in an electronic
12format on its website, arranged by county and accessible to
13State and local political committees. Within 2 business days
14after posting a name and other information on the list within
15its office, but no sooner than 40 days before an election, the
16election authority shall mail, postage prepaid, or deliver in
17person in such office, or deliver via electronic transmission
18pursuant to Section 19-2.4 an official ballot or ballots if
19more than one are to be voted at said election. Mail delivery
20of Temporarily Absent Student ballot applications pursuant to
21Section 19-12.3 shall be by nonforwardable mail. However, for
22the consolidated election, vote by mail ballots for certain
23precincts may be delivered to applicants not less than 25 days
24before the election if so much time is required to have
25prepared and printed the ballots containing the names of
26persons nominated for offices at the consolidated primary. The

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1election authority shall enclose with each vote by mail ballot
2or application written instructions on how voting assistance
3shall be provided pursuant to Section 17-14 and a document,
4written and approved by the State Board of Elections,
5informing the vote by mail voter of the required postage for
6returning the application and ballot, and enumerating the
7circumstances under which a person is authorized to vote by
8vote by mail ballot pursuant to this Article; such document
9shall also include a statement informing the applicant that if
10he or she falsifies or is solicited by another to falsify his
11or her eligibility to cast a vote by mail ballot, such
12applicant or other is subject to penalties pursuant to Section
1329-10 and Section 29-20 of the Election Code. Each election
14authority shall maintain a list of the name, street address,
15ward and precinct, or township and district number, as the
16case may be, of all applicants who have returned vote by mail
17ballots to such authority, and the name of such vote by mail
18voter shall be added to such list within one business day from
19receipt of such ballot. If the vote by mail ballot envelope
20indicates that the voter was assisted in casting the ballot,
21the name of the person so assisting shall be included on the
22list. The list, the pages of which are to be numbered
23consecutively, shall be kept by each election authority in a
24conspicuous, open, and public place accessible to the public
25at the entrance of the office of the election authority and in
26a manner that the list may be viewed without necessity of

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1requesting permission for viewing.
2 Each election authority shall maintain a list for each
3election of the voters to whom it has issued vote by mail
4ballots. The list shall be maintained for each precinct within
5the jurisdiction of the election authority. Prior to the
6opening of the polls on election day, the election authority
7shall deliver to the judges of election in each precinct the
8list of registered voters in that precinct to whom vote by mail
9ballots have been issued by mail.
10 Each election authority shall maintain a list for each
11election of voters to whom it has issued temporarily absent
12student ballots. The list shall be maintained for each
13election jurisdiction within which such voters temporarily
14abide. Immediately after the close of the period during which
15application may be made by mail or electronic means for vote by
16mail ballots, each election authority shall mail to each other
17election authority within the State a certified list of all
18such voters temporarily abiding within the jurisdiction of the
19other election authority.
20 In the event that the return address of an application for
21ballot by a physically incapacitated elector is that of a
22facility licensed or certified under the Nursing Home Care
23Act, the Specialized Mental Health Rehabilitation Act of 2013,
24the ID/DD Community Care Act, or the MC/DD Act, within the
25jurisdiction of the election authority, and the applicant is a
26registered voter in the precinct in which such facility is

SB1907- 6 -LRB102 17301 SMS 22785 b
1located, the ballots shall be prepared and transmitted to a
2responsible judge of election no later than 9 a.m. on the
3Friday, Saturday, Sunday, or Monday immediately preceding the
4election as designated by the election authority under Section
519-12.2. Such judge shall deliver in person on the designated
6day the ballot to the applicant on the premises of the facility
7from which application was made. The election authority shall
8by mail notify the applicant in such facility that the ballot
9will be delivered by a judge of election on the designated day.
10 All applications for vote by mail ballots shall be
11available at the office of the election authority for public
12inspection upon request from the time of receipt thereof by
13the election authority until 30 days after the election,
14except during the time such applications are kept in the
15office of the election authority pursuant to Section 19-7, and
16except during the time such applications are in the possession
17of the judges of election.
18(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
1998-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
207-29-15; 99-522, eff. 6-30-16.)
21 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
22 Sec. 19-5. It shall be the duty of the election authority
23to fold the ballot or ballots in the manner specified by the
24statute for folding ballots prior to their deposit in the
25ballot box, and to enclose such ballot or ballots in an

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1envelope unsealed to be furnished by him, which envelope shall
2bear upon the face thereof the name, official title and post
3office address of the election authority, and upon the other
4side a printed certification in substantially the following
5form:
6 I state that I am a resident of the .... precinct of the
7(1) *township of .... (2) *City of .... or (3) *.... ward in
8the city of .... residing at .... in such city or town in the
9county of .... and State of Illinois, that I have lived at such
10address for .... months last past; and that I am lawfully
11entitled to vote in such precinct at the .... election to be
12held on .....
13*fill in either (1), (2) or (3).
14 I further state that I personally marked the enclosed
15ballot in secret.
16 Under penalties of perjury as provided by law pursuant to
17Section 29-10 of The Election Code, the undersigned certifies
18that the statements set forth in this certification are true
19and correct.
20
.......................
21 If the ballot is to go to an elector who is physically
22incapacitated and needs assistance marking the ballot, the
23envelope shall bear upon the back thereof a certification in
24substantially the following form:
25 I state that I am a resident of the .... precinct of the
26(1) *township of .... (2) *City of .... or (3) *.... ward in

SB1907- 8 -LRB102 17301 SMS 22785 b
1the city of .... residing at .... in such city or town in the
2county of .... and State of Illinois, that I have lived at such
3address for .... months last past; that I am lawfully entitled
4to vote in such precinct at the .... election to be held on
5....; that I am physically incapable of personally marking the
6ballot for such election.
7*fill in either (1), (2) or (3).
8 I further state that I marked the enclosed ballot in
9secret with the assistance of
10
.................................
11
(Individual rendering assistance)
12
.................................
13
(Residence Address)
14 Under penalties of perjury as provided by law pursuant to
15Section 29-10 of The Election Code, the undersigned certifies
16that the statements set forth in this certification are true
17and correct.
18
.......................
19 In the case of a voter with a physical incapacity, marking
20a ballot in secret includes marking a ballot with the
21assistance of another individual, other than a candidate whose
22name appears on the ballot (unless the voter is the spouse or a
23parent, child, brother, or sister of the candidate), the
24voter's employer, an agent of that employer, or an officer or
25agent of the voter's union, when the voter's physical
26incapacity necessitates such assistance.

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1 In the case of a physically incapacitated voter, marking a
2ballot in secret includes marking a ballot with the assistance
3of another individual, other than a candidate whose name
4appears on the ballot (unless the voter is the spouse or a
5parent, child, brother, or sister of the candidate), the
6voter's employer, an agent of that employer, or an officer or
7agent of the voter's union, when the voter's physical
8incapacity necessitates such assistance.
9 Provided, that if the ballot enclosed is to be voted at a
10primary election, the certification shall designate the name
11of the political party with which the voter is affiliated.
12 In addition to the above, the election authority shall
13provide printed slips or an electronic version thereof for
14voters voting by mail pursuant to Section 19-2.4 giving full
15instructions regarding the manner of marking and returning the
16ballot in order that the same may be counted, and shall furnish
17one of such printed slips to each of such applicants at the
18same time the ballot is delivered to him. Such instructions
19shall include the following statement: "In signing the
20certification on the vote by mail ballot envelope, you are
21attesting that you personally marked this vote by mail ballot
22in secret. If you are physically unable to mark the ballot, a
23friend or relative may assist you after completing the
24enclosed affidavit. Federal and State laws prohibit a
25candidate whose name appears on the ballot (unless you are the
26spouse or a parent, child, brother, or sister of the

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1candidate), your employer, your employer's agent or an officer
2or agent of your union from assisting voters with physical
3disabilities."
4 In addition to the above, if a ballot to be provided to an
5elector pursuant to this Section contains a public question
6described in subsection (b) of Section 28-6 and the territory
7concerning which the question is to be submitted is not
8described on the ballot due to the space limitations of such
9ballot, the election authority shall provide a printed copy of
10a notice of the public question, which shall include a
11description of the territory in the manner required by Section
1216-7. The notice shall be furnished to the elector at the same
13time the ballot is delivered to the elector.
14 Election authorities transmitting ballots by electronic
15transmission pursuant to Section 19-2.4 shall, to the greatest
16extent possible, provide those applicants with the same
17instructions, certifications, and other balloting materials
18required when sending by mail.
19(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
20 (10 ILCS 5/24A-14) (from Ch. 46, par. 24A-14)
21 Sec. 24A-14. If any ballot is damaged, or defective, or
22otherwise so that it cannot properly be counted by the
23automatic tabulating equipment, a true duplicate copy shall be
24made of the damaged ballot in the presence of witnesses and
25substituted for the original damaged ballot. Likewise, a

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1duplicate ballot shall be made of a defective ballot which
2shall not include the invalid votes. All duplicate ballots
3shall be clearly labeled "duplicate", shall bear a serial
4number which shall be registered on the damaged, or defective,
5or otherwise unreadable ballot, and shall be counted in lieu
6of the damaged, or defective, or otherwise unreadable ballot.
7(Source: Laws 1965, p. 2220.)
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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