102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3540

 

Introduced 2/22/2021, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-13.5 new

    Amends the Election Code. Provides that the State Board of Elections shall work with election authorities and the disability community to develop and implement procedures and technologies to provide vote by mail ballots, upon request, in alternative formats that allow all voters to cast a secret, independent, and verifiable vote by mail ballot without the assistance of another person. Requires the procedures and technologies to include an accessible electronic ballot marking tool that enables voters to mark their ballots privately and independently. Requires that each election authority provide the option of a fully electronic ballot with both electronic marking and electronic return that allows voters having a disability to vote a secret ballot without assistance by January 1, 2023.


LRB102 13491 SMS 18838 b

 

 

A BILL FOR

 

HB3540LRB102 13491 SMS 18838 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 adding Section
519-13.5 as follows:
 
6    (10 ILCS 5/19-13.5 new)
7    Sec. 19-13.5. Accessibility of vote by mail ballots.
8    (a) As used in this Section, "electronic ballot marking
9tool" means a system that allows a voter to receive a blank
10ballot to mark electronically, print, and then cast by
11returning the printed ballot to the election authority.
12    (b) It is the intent of the General Assembly that voting by
13mail shall be fully accessible to all voters, including voters
14having a disability, pursuant to all applicable federal and
15State laws.
16    (c) The State Board of Elections shall work with election
17authorities and the disability community to develop and
18implement procedures and technologies to provide vote by mail
19ballots, upon request, in alternative formats that allow all
20voters to cast a secret, independent, and verifiable vote by
21mail ballot without the assistance of another person. These
22procedures and technologies shall include, but not be limited
23to, an accessible electronic ballot marking tool that enables

 

 

HB3540- 2 -LRB102 13491 SMS 18838 b

1voters to mark their ballots privately and independently.
2    (d) The State Board of Elections and election authorities
3shall work to implement other methods for voters to return the
4ballot to the election authority when completed, including,
5but not limited to, secure email portals. These systems shall
6conform to the Illinois Information Technology Accessibility
7Act, Web Content Accessibility Guidelines (WCAG) 2.1AA, and
8the National Institute of Standards and Technology (NIST)
9report "Principles and guidelines for remote ballot marking
10systems", so long as the technology is consistent with
11industry standards.
12    (e) Each election authority shall provide the option of a
13fully electronic ballot with both electronic marking and
14electronic return that allows voters having a disability to
15vote a secret ballot without assistance by January 1, 2023.