Bill Text: IL SB3220 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that, if a voter with a print disability's application for permanent vote by mail status is accepted by the election authority and the voter with a print disability requested an accessible vote by mail ballot, the voter with a print disability shall receive an accessible vote by mail ballot for every election the voter with a print disability remains on the permanent vote by mail list. Provides that, for all elections subsequent to the 2024 general election, the State Board of Elections shall provide a certified remote accessible vote by mail system through which an election authority can deliver a vote by mail ballot through electronic transmission to voters with a print through electronic transmission to voters with a print disability and through which voters with a print disability can mark, verify, and return a vote by mail ballot to the election authority electronically. Provides that all electronic documents and web pages that must be used as part of the certified remote accessible vote by mail system provided by the State Board of Elections or election authorities shall be compliant with specified web content guidelines. Provides that the certified remote accessible vote by mail system shall comply with specified requirements. Changes the definition of "certified remote accessible vote by mail system". Makes other changes. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3220 Detail]

Download: Illinois-2023-SB3220-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3220 Introduced 2/6/2024, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
10 ILCS 5/19-2 from Ch. 46, par. 19-2
10 ILCS 5/19-2.6
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/20-16 new
Amends the Election Code. Provides that, if a voter with a print disability's application for permanent vote by mail status is accepted by the election authority and the voter with a print disability requested an accessible vote by mail ballot, the voter with a print disability shall receive an accessible vote by mail ballot for every election the voter with a print disability remains on the permanent vote by mail list. Provides that, for all elections subsequent to the 2024 general election, the State Board of Elections shall provide a certified remote accessible vote by mail system through which an election authority can deliver a vote by mail ballot through electronic transmission to voters with a print through electronic transmission to voters with a print disability and through which voters with a print disability can mark, verify, and return a vote by mail ballot to the election authority electronically. Provides that all electronic documents and web pages that must be used as part of the certified remote accessible vote by mail system provided by the State Board of Elections or election authorities shall be compliant with specified web content guidelines. Provides that the certified remote accessible vote by mail system shall comply with specified requirements. Changes the definition of "certified remote accessible vote by mail system". Makes other changes. Effective January 1, 2025.
LRB103 39255 SPS 69407 b
A BILL FOR
SB3220 LRB103 39255 SPS 69407 b
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 19-2, 19-2.6, and 19-3 and by adding Section 20-16 as
follows:
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Except as otherwise provided in this Code, any
elector as defined in Section 19-1 may by mail or
electronically on the website of the appropriate election
authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90
nor less than one day prior to the date of such election, make
application to the county clerk or to the Board of Election
Commissioners for an official ballot for the voter's precinct
to be voted at such election. Such a ballot shall be delivered
to the elector only upon separate application by the elector
for each election. Voters who make an application for
permanent vote by mail ballot status shall follow the
procedures specified in Section 19-3 and may apply year round.
Voters whose application for permanent vote by mail status is
accepted by the election authority shall remain on the
permanent vote by mail list until the voter requests to be

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removed from permanent vote by mail status, the voter provides
notice to the election authority of a change in registration
that affects their registration status, or the election
authority receives confirmation that the voter has
subsequently registered to vote in another election authority
jurisdiction. If a voter with a print disability's application
for permanent vote by mail status is accepted by the election
authority and the voter with a print disability requested an
accessible vote by mail ballot under Section 19-2.6, the voter
with a print disability shall receive an accessible vote by
mail ballot for every election the voter with a print
disability remains on the permanent vote by mail list. The URL
address at which voters may electronically request a vote by
mail ballot shall be fixed no later than 90 calendar days
before an election and shall not be changed until after the
election.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)
(10 ILCS 5/19-2.6)
Sec. 19-2.6. Vote by mail; voters with a print disability.
(a) Definitions. As used in this Section, unless the
context otherwise requires:
"Assistive technology" means any equipment, software, or
product used to increase, maintain, or improve the functional
capabilities of individuals with disabilities, including, but

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not limited to, screen reading and magnification software,
refreshable Braille displays, and speech recognition programs.
"Certified remote accessible vote by mail system" means,
for elections that occur before the 2024 general election, a
process approved by the State Board of Elections through which
an election authority provides for the electronic transmission
of a vote by mail ballot to a voter with a print disability and
through which the voter with a print disability marks and
verifies the voter's ballot using assistive technology.
"Certified remote accessible vote by mail system" means, for
all elections subsequent to the 2024 general election, a
process approved by the State Board of Elections through which
an election authority provides for the electronic transmission
of a vote by mail ballot to a voter with a print disability and
through which the voter with a print disability marks,
verifies, and returns the voter's ballot to the election
authority electronically using assistive technology.
"Electronic transmission" means the transfer of data or
information through an authorized electronic data interchange
system.
"Voter with a print disability" means a person having a
temporary or permanent physical or mental impairment, such as
blindness, low vision, physical dexterity limitations, or
learning or cognitive disabilities, that prevents the person
from effective reading, writing, or use of printed material.
(b) The State Board of Elections shall provide a certified

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remote accessible vote by mail system for the General Election
of November 8, 2022 and all subsequent elections that occur
before the 2024 general election, through which a vote by mail
ballot can be delivered by electronic transmission to voters
with print disabilities and through which voters with print
disabilities are able to mark and verify their ballots using
assistive technology.
(c) For the November 8, 2022 general election and all
subsequent elections that occur on or before the 2024 general
election, election Election authorities shall permit voters
with a print disability to receive and mark their vote by mail
ballots (i) through the certified remote accessible vote by
mail system provided by the State Board of Elections pursuant
to subsection (b) of this Section or (ii) through a certified
remote accessible vote by mail system provided by the election
authority.
(d) If a vote by mail ballot application from a voter with
a print disability arrives after the jurisdiction begins
transmitting vote by mail ballots and instructions to voters,
the election authority shall electronically transmit the
ballot, instructions, and balloting materials to the voter
within two business days after receipt of the application.
(e) Ballots received and marked pursuant to subsections
(b) and (c) of this Section must be printed by the voter and
returned to the election authority as provided in Section
19-6.

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(f) For all elections subsequent to the 2024 general
election, the State Board of Elections shall provide a
certified remote accessible vote by mail system through which
an election authority can deliver a vote by mail ballot
through electronic transmission to voters with a print through
electronic transmission to voters with a print disability and
through which voters with a print disability can mark, verify,
and return a vote by mail ballot to the election authority
electronically.
(g) To ensure that voters with a print disability are able
to complete all aspects of the vote by mail process privately
and independently, the State Board of Elections shall
establish a method that allows voters with a print disability
to electronically authenticate a vote by mail ballot without
assistance, and election authorities shall use that method of
authentication.
(h) All electronic documents and web pages that must be
used as part of the certified remote accessible vote by mail
system provided by the State Board of Elections or election
authorities shall be compliant with the Web Content
Accessibility Guidelines 2.1 Level A standards and updated as
necessary to comply with any subsequent Web Content
Accessibility Guidelines standards.
(i) (f) The State Board of Elections shall adopt rules,
including emergency rules, necessary for the implementation of
this Section. The State Board of Elections' adopted rules

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shall include certification standards for a remote accessible
vote by mail system and a method subject to the provisions in
Sections 19-2 and 19-3 of this Article by which a voter with a
print disability may request to use a certified remote
accessible vote by mail system and apply for an accessible
vote by mail ballot.
(Source: P.A. 102-819, eff. 5-13-22.)
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. Application for a vote by mail ballot.
(a) The application for a vote by mail ballot for a single
election shall be substantially in the following form:
APPLICATION FOR VOTE BY MAIL BALLOT
To be voted at the .... election in the County of .... and
State of Illinois.
I state that I am a resident of .... in the municipality of
.... in the county of ....; that I have resided at such address
for at least 30 days; that I am lawfully entitled to vote at
the .... election to be held on ....; and that I wish to vote
by mail.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for

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counting provisional ballots, the last day of which is the
14th day following election day.
I understand that this application is made for an official
vote by mail ballot or ballots to be voted by me at the
election specified in this application and that I must submit
a separate application for an official vote by mail ballot or
ballots to be voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
(a-5) The application for a single vote by mail ballot
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for a vote by mail
ballot for a single election and shall include:
I swear or affirm that I am a voter with a print
disability, and, as a result of this disability, I am
making a request to receive a vote by mail ballot
electronically so that I may privately and independently
mark, verify, and print my vote by mail ballot.
(b) The application for permanent vote by mail status
shall be substantially in the following form:
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS

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I am currently a registered voter and wish to apply for
permanent vote by mail status.
I state that I am a resident of .... in the municipality of
.... in the county of ....; that I have resided at such address
for at least 30 days; that I am lawfully entitled to vote at
the .... election to be held on ....; and that I wish to vote
by mail in:
..... all subsequent elections that do not require a party
designation.
..... all subsequent elections, and I wish to receive a
................... Party vote by mail ballot in
elections that require a party designation.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
Under penalties as provided by law under Section 29-10 of
the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
Post office address to which ballot is mailed:
...............

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(b-5) The application for permanent vote by mail ballots
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for permanent vote by
mail status and shall include:
I swear or affirm that I am a voter with a
non-temporary print disability, and as a result of this
disability, I am making a request to receive vote by mail
ballots electronically so that I may privately and
independently mark, verify, and print my vote by mail
ballots.
(c) However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the
applicant is affiliated. The election authority shall allow
any voter on permanent vote by mail status to change his or her
party affiliation for a primary election ballot by a method
and deadline published and selected by the election authority.
(d) If application is made electronically, the applicant
shall mark the box associated with the above described
statement included as part of the online application
certifying that the statements set forth in the application
under subsection (a) or (b) are true and correct, and a
signature is not required.
(e) Any person may produce, reproduce, distribute, or
return to an election authority an application under this
Section. If applications are sent to a post office box

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controlled by any individual or organization that is not an
election authority, those applications shall (i) include a
valid and current phone number for the individual or
organization controlling the post office box and (ii) be
turned over to the appropriate election authority within 7
days of receipt or, if received within 2 weeks of the election
in which an applicant intends to vote, within 2 days of
receipt. Failure to turn over the applications in compliance
with this paragraph shall constitute a violation of this Code
and shall be punishable as a petty offense with a fine of $100
per application. Removing, tampering with, or otherwise
knowingly making the postmark on the application unreadable by
the election authority shall establish a rebuttable
presumption of a violation of this paragraph. Upon receipt,
the appropriate election authority shall accept and promptly
process any application under this Section submitted in a form
substantially similar to that required by this Section,
including any substantially similar production or reproduction
generated by the applicant.
(f) An election authority may combine the applications in
subsections (a) and (b) onto one form, but the distinction
between the applications must be clear and the form must
provide check boxes for an applicant to indicate whether he or
she is applying for a single election vote by mail ballot or
for permanent vote by mail status.
(g) For all elections subsequent to the 2024 general

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election, the application shall provide an applicant with a
print disability the ability to designate on the application
that the voter has a print disability and is requesting an
accessible vote by mail ballot under Section 19-2.6.
(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22;
103-467, eff. 8-4-23.)
(10 ILCS 5/20-16 new)
Sec. 20-16. Certified remote accessible vote by mail
system. Certified remote accessible vote by mail system. An
election authority shall provide a certified remote accessible
vote by mail system that complies with Section 19-2.6, or use
the certified remote accessible vote by mail system provided
by the State Board of Elections under Section 19-2.6, through
which a vote by mail ballot can be delivered by electronic
transmission to any voter eligible to receive a vote by mail
ballot under this Article and through which a voter can mark,
verify, and return a vote by mail ballot to the election
authority electronically. The certified remote accessible vote
by mail system shall comply with the requirements of Section
19-2.6, except for subsection (h) of that Section, unless the
voter is a voter with a print disability.