Bill Text: IL SB2303 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that voting by physically incapacitated electors who have made proper application to the election authority not later than 5 days before the regular primary and general election shall be conducted either through vote by mail procedures or on specified premises (rather than only on specified premises). Effective Immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-31 - Rule 3-9(a) / Re-referred to Assignments [SB2303 Detail]
Download: Illinois-2023-SB2303-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 | Section 19-12.2 as follows:
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6 | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
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7 | Sec. 19-12.2. Voting by physically incapacitated electors | |||||||||||||||||||
8 | who have made
proper application to the election authority not | |||||||||||||||||||
9 | later than 5 days before
the regular primary and general | |||||||||||||||||||
10 | election of 1980 and before each election
thereafter shall be | |||||||||||||||||||
11 | conducted either through the vote by mail procedures as | |||||||||||||||||||
12 | detailed in this Article or on the premises of (i) federally | |||||||||||||||||||
13 | operated veterans' homes, hospitals, and facilities located in | |||||||||||||||||||
14 | Illinois or (ii) facilities licensed or
certified pursuant to | |||||||||||||||||||
15 | the Nursing Home Care Act, the Specialized Mental Health | |||||||||||||||||||
16 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | |||||||||||||||||||
17 | the MC/DD Act for the sole benefit of
residents of such homes, | |||||||||||||||||||
18 | hospitals, and facilities. For the purposes of this Section, | |||||||||||||||||||
19 | "federally operated veterans' home, hospital, or facility" | |||||||||||||||||||
20 | means the long-term care facilities at the Jesse Brown VA | |||||||||||||||||||
21 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | |||||||||||||||||||
22 | VA Hospital, Marion VA Medical Center, and Captain James A. | |||||||||||||||||||
23 | Lovell Federal Health Care Center. Such voting shall be |
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1 | conducted during any
continuous period sufficient to allow all | ||||||
2 | applicants to cast their ballots
between the hours of 9 a.m. | ||||||
3 | and 7 p.m. either on the Friday, Saturday, Sunday
or Monday | ||||||
4 | immediately preceding the regular election. This vote by mail | ||||||
5 | voting on
one of said days designated by the election | ||||||
6 | authority shall be supervised by
two election judges who must | ||||||
7 | be selected by the election authority in the
following order | ||||||
8 | of priority: (1) from the panel of judges appointed for the
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9 | precinct in which such home, hospital, or facility is located, | ||||||
10 | or from a panel of judges appointed
for any other precinct | ||||||
11 | within the jurisdiction of the election authority in the
same | ||||||
12 | ward or township, as the case may be, in which the home, | ||||||
13 | hospital, or facility is located or,
only in the case where a | ||||||
14 | judge or judges from the precinct, township or ward
are | ||||||
15 | unavailable to serve, (3) from a panel of judges appointed for | ||||||
16 | any other
precinct within the jurisdiction of the election | ||||||
17 | authority. The two judges
shall be from different political | ||||||
18 | parties. Not less than 30 days before each
regular election, | ||||||
19 | the election authority shall have arranged with the chief
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20 | administrative officer of each home, hospital, or facility in | ||||||
21 | his or its election jurisdiction a
mutually convenient time | ||||||
22 | period on the Friday, Saturday, Sunday or Monday
immediately | ||||||
23 | preceding the election for such voting on the premises of the | ||||||
24 | home, hospital, or
facility and shall post in a prominent | ||||||
25 | place in his or its office a notice of
the agreed day and time | ||||||
26 | period for conducting such voting at each home, hospital, or |
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1 | facility;
provided that the election authority shall not later | ||||||
2 | than noon on the Thursday
before the election also post the | ||||||
3 | names and addresses of those homes, hospitals, and facilities | ||||||
4 | from
which no applications were received and in which no | ||||||
5 | supervised vote by mail voting
will be conducted. All | ||||||
6 | provisions of this Code applicable to pollwatchers
shall be | ||||||
7 | applicable herein. To the maximum extent feasible, voting | ||||||
8 | booths or
screens shall be provided to insure the privacy of | ||||||
9 | the voter. Voting procedures
shall be as described in Article | ||||||
10 | 17 of this Code, except that ballots shall be
treated as vote | ||||||
11 | by mail ballots and shall not be counted until the close of the
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12 | polls on the following day. After the last voter has concluded | ||||||
13 | voting, the
judges shall seal the ballots in an envelope and | ||||||
14 | affix their signatures across
the flap of the envelope. | ||||||
15 | Immediately thereafter, the judges
shall bring the sealed | ||||||
16 | envelope to the office of the election authority
who shall | ||||||
17 | deliver such ballots to the election authority's central | ||||||
18 | ballot counting location prior to
the closing of the polls on | ||||||
19 | the day of election. The judges of election shall
also report | ||||||
20 | to the election authority the name of any applicant in the | ||||||
21 | home, hospital, or facility
who, due to unforeseen | ||||||
22 | circumstance or condition or because
of a religious holiday, | ||||||
23 | was unable to vote. In this event, the election
authority may | ||||||
24 | appoint a qualified person from his or its staff to deliver
the | ||||||
25 | ballot to such applicant on the day of election. This staff | ||||||
26 | person
shall follow the same procedures prescribed for judges |
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1 | conducting vote by mail
voting in such homes, hospitals, or | ||||||
2 | facilities and shall return the ballot to the central ballot | ||||||
3 | counting location before the polls close. However, if the | ||||||
4 | home, hospital, or facility from
which the application was | ||||||
5 | made is also used as a regular precinct polling place
for that | ||||||
6 | voter, voting procedures heretofore prescribed may be | ||||||
7 | implemented by 2
of the election judges of opposite party | ||||||
8 | affiliation assigned to that polling
place during the hours of | ||||||
9 | voting on the day of the election. Judges of election
shall be | ||||||
10 | compensated not less than $25.00 for conducting vote by mail | ||||||
11 | voting in
such homes, hospitals, or facilities.
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12 | Not less than 120 days before each regular election, the | ||||||
13 | Department
of Public Health shall certify to the State Board | ||||||
14 | of Elections a list of
the facilities licensed or certified | ||||||
15 | pursuant to the Nursing Home Care
Act, the Specialized Mental | ||||||
16 | Health Rehabilitation Act of 2013, the ID/DD Community Care | ||||||
17 | Act, or the MC/DD Act. The lists shall indicate the approved | ||||||
18 | bed capacity and the name of
the chief administrative officer | ||||||
19 | of each such home, hospital, or facility, and the State Board
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20 | of Elections shall certify the same to the appropriate | ||||||
21 | election authority
within 20 days thereafter.
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22 | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||||||
23 | 99-180, eff. 7-29-15.)
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24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
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