HB3548 102ND GENERAL ASSEMBLY

LRB102 13490 SMS 18837 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3548

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

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-2	from Ch. 46, par. 19-2
10 ILCS 5/19-2.4 new
10 ILCS 5/19-3	from Ch. 46, par. 19-3
10 ILCS 5/19-3.1 new

Amends the Election Code. Creates a permanent vote by mail list for qualified voters. Allows a voter to apply to be placed on a permanent vote by mail list to receive vote by mail ballots for subsequent elections. Provides for the removal of a voter from the permanent vote by mail list who does not return a vote by mail ballot for the fourth general election following the general election at which the voter last voted. Allows for a voter on the permanent vote by mail list to choose and change political party preferences for a primary vote by mail ballot. Provides for how a voter may remove himself or herself from the permanent vote by mail list. Makes conforming changes throughout the Code.

A BILL FOR

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 and 19-3 and by adding Sections 19-2.4 and 19-3.1 as follows:

(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)

Sec. 19-2. 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. The voter shall also have the option to apply to be placed on a permanent vote by mail list and, if approved, to receive official ballots to be voted at all future elections. 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. Such a ballot shall be delivered to the elector only upon separate application by the elector for each election.

(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)

(10 ILCS 5/19-2.4 new)

Sec. 19-2.4. Permanent vote by mail list.

(a) Voters who successfully apply to receive mail-in ballots for all future elections will be placed on a permanent vote by mail list. Upon receipt of an application for permanent vote by mail status, the election authority shall process the application in the same manner as an application for a single vote by mail ballot.

(b) If, after processing the permanent vote by mail application, it is determined that the applicant is a registered voter, the election authority shall:

(1) place the voter's name upon a list of those to whom a vote by mail ballot is sent each time there is an election within the voter's precinct;

(2) include in all vote by mail mailings to the voter an explanation of the vote by mail procedure and an explanation of how the voter may lose or cancel permanent vote by mail status; and

(3) maintain a copy of the vote by mail ballot list on file open to public inspection for election and governmental purposes.

(c) The election authority shall send a copy of the list of all voters who qualify as permanent vote by mail voters to each elections official charged with the duty of conducting an election within the authority. The list shall be sent by the sixth day before an election.

(d) Vote by mail ballots mailed to, and received from, voters on the permanent vote by mail voter list are subject to the same deadlines and shall be processed and counted in the same manner as all other vote by mail ballots.

(e) A voter whose name appears on the permanent vote by mail voter list shall remain on the list and shall be mailed a vote by mail ballot for each election conducted within the precinct in which the voter is eligible to vote.

(f) If a voter who is on the permanent vote by mail list does not return a vote by mail ballot for the fourth general election following the general election at which the voter last voted, the election authority shall send a notice to that voter to ascertain whether the voter wishes to remain on the permanent list, continues to reside at the address from which that voter is registered to vote, and continues to be eligible to vote. If the notice is not completed and returned by the voter to the election authority before the 40th day before the next general election or if the voter's response to the notice indicates that the voter should be removed the permanent list, a vote by mail ballot may not be sent to the voter for that election, and the voter shall be removed from the permanent vote by mail list unless and until the voter submits a new application to be placed on the list and is determined to be eligible for the list.

(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)

Sec. 19-3. The vote by mail application for vote by mail ballot shall be substantially in the following form:

APPLICATION FOR VOTE BY MAIL APPLICATION BALLOT

To be voted at the .... election(s) in the County of .... and State of Illinois, in the .... precinct of the (1) *township of .... (2) *City of .... or (3) *.... ward in the City of ....

I state that I am a resident of the .... precinct of the (1) *township of .... (2) *City of .... or (3) *.... ward in the city of .... residing at .... in such city or town in the county of .... and State of Illinois; that I have lived at such address for .... month(s) last past; that I am lawfully entitled to vote in such precinct at the .... election to be held therein on ....; and that I wish to vote by vote by mail ballot.

I hereby make application for an official ballot or ballots to be voted by me at such election(s), 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(s) 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.

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: ...............

The application shall also include a section where applicants shall mark a box indicating whether they wish to apply for a mail-in ballot for:

(1) a single election specified in the application; or

(2) all future elections until the voter requests otherwise in writing. This option shall also state that the voter understands that if the voter fails to vote by mail in 4 consecutive general elections, the voter will be sent a notice asking to confirm the voter's address, eligibility to vote, and the voter's wish to remain on the permanent vote by mail list, and that the notice must be returned within a specified period to avoid being removed from the permanent list.

If a voter applies for a vote by mail ballot for a non-primary election or for permanent vote by mail status, the voter shall have the option of disclosing or declining to disclose a party preference.

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.

Before a partisan primary election, election authorities shall mail to every voter who has declined to disclose a preference for a political party whose name appears on the permanent vote by mail voter list a notice and application regarding voting in the primary election. The notice shall inform the voter that the voter may request a vote by mail ballot for a particular political party for the primary election. This primary election application shall contain a check box with a conspicuously printed statement that reads substantially similar to the following: "I have declined to disclose a preference for a qualified political party. However, for this primary election only, I request a vote by mail ballot for the (political) Party.". The application may either provide a check box or other means of selecting from party options applicable to a given election or allow the applicant to affix the name of the party personally.

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 this application are true and correct, and a signature is not required.

Any person may produce, reproduce, distribute, or return to an election authority the vote by mail application for vote by mail ballot. If applications are sent to a post office box 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 vote by mail application for vote by mail ballot submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant.

(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)

(10 ILCS 5/19-3.1 new)

Sec. 19-3.1. Cancellation of permanent vote by mail status.

Each election authority shall provide an easily accessible application for voters who wish to cancel their permanent vote by mail status and become in-person voters again. The application shall be in substantially the following form:

Request to Cancel Permanent Vote by Mail Status

"I, (full name, as registered to vote), want to cancel my status as a permanent vote by mail voter and will now be a polling place voter. I understand this will not affect my registration as a voter and I will no longer automatically receive my ballot in the mail prior to each election. I understand that in the future I may apply to receive a ballot in the mail for a specific election or may reapply for permanent vote by mail status.".

The cancellation form shall include:

(1) the voter's name;

(2) the voter's residence address;

(3) the voter's date of birth;

(4) a statement substantially similar to the following: "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.";

(5) the signature of the applicant; and

(6) the address of the appropriate election authority to which the form must be sent.

Upon receipt, the appropriate election authority shall accept and promptly process any application to cancel permanent vote by mail status submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant.