102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4239

 

Introduced 11/14/2022, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-2.5
10 ILCS 5/19-3  from Ch. 46, par. 19-3

    Amends the Election Code. Provides that, not more than 90 days nor less than 45 days before a general election (currently, before a general or consolidated election), each election authority shall notify all qualified voters, except voters who have enrolled in permanent vote by mail status and voters who have opted out of permanent vote by mail notices, of the option to obtain permanent vote by mail status (currently, notice is required for all qualified voters). Adds an opt-out option to the application for permanent vote by mail status, and makes other conforming changes.


LRB102 29425 AWJ 41421 b

 

 

A BILL FOR

 

SB4239LRB102 29425 AWJ 41421 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 19-2.5 and 19-3 as follows:
 
6    (10 ILCS 5/19-2.5)
7    Sec. 19-2.5. Notice for vote by mail ballot. Not An
8election authority shall notify all qualified voters, not more
9than 90 days nor less than 45 days before a general or
10consolidated election, each election authority shall notify
11all qualified voters, except voters who have enrolled in
12permanent vote by mail status under Section 19-3 and voters
13who have opted out of permanent vote by mail notices under that
14Section, of the option to obtain for permanent vote by mail
15status using the following notice and shall include with the
16notice including the application for permanent vote by mail
17status described in subsection (b) of Section 19-3:
18    "You may apply to permanently be placed on vote by mail
19status by marking the permanent vote by mail option on using
20the attached application, or you may opt out of receiving
21future permanent vote by mail notices by marking the opt-out
22option on the attached application.".
23(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
 

 

 

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1    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
2    Sec. 19-3. Application for a vote by mail ballot.
3    (a) The application for a vote by mail ballot for a single
4election shall be substantially in the following form:
5
APPLICATION FOR VOTE BY MAIL BALLOT
6    To be voted at the .... election in the County of .... and
7State of Illinois, in the .... precinct of the (1) *township of
8.... (2) *City of .... or (3) *.... ward in the City of ....
9    I state that I am a resident of the .... precinct of the
10(1) *township of .... (2) *City of .... or (3) *.... ward in
11the city of .... residing at .... in such city or town in the
12county of .... and State of Illinois; that I have lived at such
13address for .... month(s) last past; that I am lawfully
14entitled to vote in such precinct at the .... election to be
15held therein on ....; and that I wish to vote by vote by mail
16ballot.
17    I hereby make application for an official ballot or
18ballots to be voted by me at such election, and I agree that I
19shall return such ballot or ballots to the official issuing
20the same prior to the closing of the polls on the date of the
21election or, if returned by mail, postmarked no later than
22election day, for counting no later than during the period for
23counting provisional ballots, the last day of which is the
2414th day following election day.
25    I understand that this application is made for an official

 

 

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1vote by mail ballot or ballots to be voted by me at the
2election specified in this application and that I must submit
3a separate application for an official vote by mail ballot or
4ballots to be voted by me at any subsequent election.
5    Under penalties as provided by law pursuant to Section
629-10 of the Election Code, the undersigned certifies that the
7statements set forth in this application are true and correct.
8
....
9
*fill in either (1), (2) or (3).
10
Post office address to which ballot is mailed:
11...............
12    (a-5) The application for a single vote by mail ballot
13transmitted electronically pursuant to Section 19-2.6 shall be
14substantively similar to the application for a vote by mail
15ballot for a single election and shall include:
16        I swear or affirm that I am a voter with a print
17    disability, and, as a result of this disability, I am
18    making a request to receive a vote by mail ballot
19    electronically so that I may privately and independently
20    mark, verify, and print my vote by mail ballot.
21    (b) The application for permanent vote by mail status
22shall be substantially in the following form:
23
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
24    I am currently a registered voter and wish to apply for
25permanent vote by mail status.
26
or

 

 

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1    I am currently a registered voter and wish to opt out of
2receiving any future notices or applications for permanent
3vote by mail status. I understand that I will still be able to
4apply to vote by mail for a single election or apply for
5permanent vote by mail status by submitting to my election
6authority a completed vote by mail application or an
7application for permanent vote by mail status.
8
....
9
If applying for permanent vote by mail status:
10    I state that I am a resident of the City of .... residing
11at .... in such city in the county of .... and State of
12Illinois; that I have lived at such address for .... month(s)
13last past; that I am lawfully entitled to vote in such precinct
14at the .... election to be held therein on ....; and that I
15wish to vote by vote by mail ballot in:
16    ..... all subsequent elections that do not require a party
17        designation.
18    ..... all subsequent elections, and I wish to receive a
19        ................... Party vote by mail ballot in
20        elections that require a party designation.
21    I hereby make application for an official ballot or
22ballots to be voted by me at such election, and I agree that I
23shall return such ballot or ballots to the official issuing
24the same prior to the closing of the polls on the date of the
25election or, if returned by mail, postmarked no later than
26election day, for counting no later than during the period for

 

 

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1counting provisional ballots, the last day of which is the
214th day following election day.
3    Under penalties as provided by law under Section 29-10 of
4the Election Code, the undersigned certifies that the
5statements set forth in this application are true and correct.
6
....
7
Post office address to which ballot is mailed for permanent
8
vote by mail status :
9
(Do not enter any address if opting out of future mailings.)
10.
11    (b-5) The application for permanent vote by mail ballots
12transmitted electronically pursuant to Section 19-2.6 shall be
13substantively similar to the application for permanent vote by
14mail status and shall include:
15        I swear or affirm that I am a voter with a
16    non-temporary print disability, and as a result of this
17    disability, I am making a request to receive vote by mail
18    ballots electronically so that I may privately and
19    independently mark, verify, and print my vote by mail
20    ballots.
21    (c) However, if application is made for a primary election
22ballot, such application shall require the applicant to
23designate the name of the political party with which the
24applicant is affiliated. The election authority shall allow
25any voter on permanent vote by mail status to change his or her
26party affiliation for a primary election ballot by a method

 

 

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1and deadline published and selected by the election authority.
2    (d) If application is made electronically, the applicant
3shall mark the box associated with the above described
4statement included as part of the online application
5certifying that the statements set forth in the application
6under subsection (a) or (b) are true and correct, and a
7signature is not required.
8    (e) Any person may produce, reproduce, distribute, or
9return to an election authority an application under this
10Section. If applications are sent to a post office box
11controlled by any individual or organization that is not an
12election authority, those applications shall (i) include a
13valid and current phone number for the individual or
14organization controlling the post office box and (ii) be
15turned over to the appropriate election authority within 7
16days of receipt or, if received within 2 weeks of the election
17in which an applicant intends to vote, within 2 days of
18receipt. Failure to turn over the applications in compliance
19with this paragraph shall constitute a violation of this Code
20and shall be punishable as a petty offense with a fine of $100
21per application. Removing, tampering with, or otherwise
22knowingly making the postmark on the application unreadable by
23the election authority shall establish a rebuttable
24presumption of a violation of this paragraph. Upon receipt,
25the appropriate election authority shall accept and promptly
26process any application under this Section submitted in a form

 

 

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1substantially similar to that required by this Section,
2including any substantially similar production or reproduction
3generated by the applicant.
4    (f) An election authority may combine the applications in
5subsections (a) and (b) onto one form, but the distinction
6between the applications must be clear and the form must
7provide check boxes for an applicant to indicate whether he or
8she is applying for a single election vote by mail ballot or
9for permanent vote by mail status.
10(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.)