99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2747

 

Introduced 2/16/2016, by Sen. Melinda Bush

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. Changes specified references to the required postmark date for vote by mail ballots to "no later than election day" to conform to other changes from Public Act 98-1171. Provides that in the event that the return address of an application for ballot by a physically incapacitated elector is that of a facility licensed or certified under specified Acts and the applicant is a registered voter in the precinct in which such facility is located, the ballots shall be prepared and transmitted to a responsible judge of election no later than 9 a.m. on the Friday, Saturday, Sunday, or Monday (previously, only Saturday, Sunday, or Monday) immediately preceding the election as designated by the election authority. Provides that the period for early voting by personal appearance begins the 15th (rather than 40th) day preceding an election. Provides that the envelope in which a vote by mail ballot is returned to the election authority may be delivered by any person authorized by the voter. Provides that any person who, having voted once, knowingly during any election (previously, on the same election day) where the ballot or machine lists any of the same candidates and issues listed on the ballot or machine previously used for voting by that person, (a) files an application to vote in the same or another polling place or (b) accepts a ballot or enters a voting machine (except to legally give assistance under the Code), shall be guilty of a Class 3 felony. Provides that certificates of nomination and nomination papers for the nomination of candidates for school district offices to be filled at consolidated elections shall be filed with the county clerk or county board of election commissioners of the county (was previously required to be filed with the "election authority") in which the principal office of the school district is located not more than 113 nor less than 106 days before the consolidated election. Amends the School Code. Removes a provision that provided that the county clerk or the county board of election commissioners shall receive and file only those petitions which include a statement of candidacy, the required number of voter signatures, the notarized signature of the petition circulator and a receipt from the County Clerk showing that the candidate has filed a statement of economic interest on or before the last day to file as required by the Illinois Governmental Ethics Act. Effective immediately.


LRB099 16646 MLM 40984 b

 

 

A BILL FOR

 

SB2747LRB099 16646 MLM 40984 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 1-12, 1A-16.8, 10-6, 16-5, 19-3, 19-4, 19A-15, 20-2,
620-2.1, 20-2.2, 20-2.3, 20-3, 20-6, 20-8, and 29-5 as follows:
 
7    (10 ILCS 5/1-12)
8    Sec. 1-12. Public university voting.
9    (a) Each appropriate election authority shall, in addition
10to the early voting conducted at locations otherwise required
11by law, conduct early voting, grace period registration, and
12grace period voting at the student union on the campus of a
13public university within the election authority's
14jurisdiction. The voting required by this subsection (a) to be
15conducted on campus must be conducted from the 6th day before a
16general primary or general election until and including the 4th
17day before a general primary or general election from 10:00
18a.m. to 5 p.m. and as otherwise required by Article 19A of this
19Code, except that the voting required by this subsection (a)
20need not be conducted during a consolidated primary or
21consolidated election. If an election authority has voting
22equipment that can accommodate a ballot in every form required
23in the election authority's jurisdiction, then the election

 

 

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1authority shall extend early voting and grace period
2registration and voting under this Section to any registered
3voter in the election authority's jurisdiction. However, if the
4election authority does not have voting equipment that can
5accommodate a ballot in every form required in the election
6authority's jurisdiction, then the election authority may
7limit early voting and grace period registration and voting
8under this Section to voters in precincts where the public
9university is located and precincts bordering the university.
10Each public university shall make the space available at the
11student union for, and cooperate and coordinate with the
12appropriate election authority in, the implementation of this
13subsection (a).
14    (b) (Blank).
15    (c) For the purposes of this Section, "public university"
16means the University of Illinois, Illinois State University,
17Chicago State University, Governors State University, Southern
18Illinois University, Northern Illinois University, Eastern
19Illinois University, Western Illinois University, and
20Northeastern Illinois University.
21    (d) For the purposes of this Section, "student union" means
22the Student Center at 750 S. Halsted on the University of
23Illinois-Chicago campus; the Public Affairs Center at the
24University of Illinois at Springfield or a new building
25completed after the effective date of this Act housing student
26government at the University of Illinois at Springfield; the

 

 

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1Illini Union at the University of Illinois at Urbana-Champaign;
2the SIUC Student Center at the Southern Illinois University at
3Carbondale campus; the Morris University Center at the Southern
4Illinois University at Edwardsville campus; the University
5Union at the Western Illinois University at the Macomb campus;
6the Holmes Student Center at the Northern Illinois University
7campus; the University Union at the Eastern Illinois University
8campus; NEIU Student Union at the Northeastern Illinois
9University campus; the Bone Student Center at the Illinois
10State University campus; the Cordell Reed Student Union at the
11Chicago State University campus; and the Hall of Governors in
12Building D at the Governors State University campus.
13(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
1498-1171, eff. 6-1-15.)
 
15    (10 ILCS 5/1A-16.8)
16    Sec. 1A-16.8. Automatic transfer of registration based
17upon information from the National Change of Address database.
18The State Board of Elections shall cross-reference the
19statewide voter registration database against the United
20States Postal Service's National Change of Address database
21twice each calendar year, April 15 and October 1 in
22odd-numbered years and April 15 and December 1 in even-numbered
23years, and shall share the findings with the election
24authorities. An election authority shall automatically
25register any voter who has moved into its jurisdiction from

 

 

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1another jurisdiction in Illinois or has moved within its
2jurisdiction provided that:
3        (1) the election authority whose jurisdiction includes
4    the new registration address provides the voter an
5    opportunity to reject the change in registration address
6    through a mailing, sent by non-forwardable mail, to the new
7    registration address, and
8        (2) when the election authority whose jurisdiction
9    includes the previous registration address is a different
10    election authority, then that election authority provides
11    the same opportunity through a mailing, sent by forwardable
12    mail, to the previous registration address.
13    This change in registration shall trigger the same
14inter-jurisdictional or intra-jurisdictional workflows as if
15the voter completed a new registration card, including the
16cancellation of the voter's previous registration. Should the
17registration of a voter be changed from one address to another
18within the State and should the voter appear at the polls and
19offer to vote from the prior registration address, attesting
20that the prior registration address is the true current
21address, the voter, if confirmed by the election authority as
22having been registered at the prior registration address and
23canceled only by the process authorized by this Section, shall
24be issued a regular ballot, and the change of registration
25address shall be canceled. If the election authority is unable
26to immediately confirm the registration, the voter shall be

 

 

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1issued a provisional ballot and the provisional ballot shall be
2counted.
3(Source: P.A. 98-1171, eff. 6-1-15.)
 
4    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
5    Sec. 10-6. Time and manner of filing. Certificates of
6nomination and nomination papers for the nomination of
7candidates for offices to be filled by electors of the entire
8State, or any district not entirely within a county, or for
9congressional, state legislative or judicial offices, shall be
10presented to the principal office of the State Board of
11Elections not more than 141 nor less than 134 days previous to
12the day of election for which the candidates are nominated. The
13State Board of Elections shall endorse the certificates of
14nomination or nomination papers, as the case may be, and the
15date and hour of presentment to it. Except as otherwise
16provided in this section, all other certificates for the
17nomination of candidates shall be filed with the county clerk
18of the respective counties not more than 141 but at least 134
19days previous to the day of such election. Certificates of
20nomination and nomination papers for the nomination of
21candidates for school district offices to be filled at
22consolidated elections shall be filed with the county clerk or
23county board of election commissioners of the county election
24authority in which the principal office of the school district
25is located not more than 113 nor less than 106 days before the

 

 

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1consolidated election. Certificates of nomination and
2nomination papers for the nomination of candidates for the
3other offices of political subdivisions to be filled at regular
4elections other than the general election shall be filed with
5the appropriate election authority local election official of
6such subdivision:
7        (1) (Blank);
8        (2) not more than 113 nor less than 106 days prior to
9    the consolidated election; or
10        (3) not more than 113 nor less than 106 days prior to
11    the general primary in the case of municipal offices to be
12    filled at the general primary election; or
13        (4) not more than 99 nor less than 92 days before the
14    consolidated primary in the case of municipal offices to be
15    elected on a nonpartisan basis that is subject to a primary
16    election pursuant to law (including without limitation,
17    those municipal offices subject to Articles 4 and 5 of the
18    Municipal Code); or
19        (5) not more than 113 nor less than 106 days before the
20    municipal primary in even numbered years for such
21    nonpartisan municipal offices where annual elections are
22    provided; or
23        (6) in the case of petitions for the office of
24    multi-township assessor, such petitions shall be filed
25    with the election authority not more than 113 nor less than
26    106 days before the consolidated election.

 

 

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1    However, where a political subdivision's boundaries are
2co-extensive with or are entirely within the jurisdiction of a
3municipal board of election commissioners, the certificates of
4nomination and nomination papers for candidates for such
5political subdivision offices shall be filed in the office of
6such Board.
7(Source: P.A. 98-691, eff. 7-1-14.)
 
8    (10 ILCS 5/16-5)  (from Ch. 46, par. 16-5)
9    Sec. 16-5. For all elections to which this article applies,
10the county clerks, in their respective counties, shall have
11charge of the printing of the ballots for all elections,
12including referenda, and shall furnish them to the judges of
13election. In municipalities and counties having a board of
14election commissioners, such board shall have charge of the
15printing of the ballots and furnish them to the judges of
16election within the territory under their jurisdiction.
17Ballots shall be printed and in possession of the respective
18election authorities at least two days before each election and
19subject to the inspection of candidates and their agents; if
20any mistakes be discovered they shall be corrected without
21delay. The election authority shall cause to be delivered to
22the judges of election at the polling place of each precinct or
23district, not less than twelve hours before the time fixed by
24law for the opening of the polls therein, at least 10% more
25ballots of the kind to be voted in such precinct or district

 

 

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1than the number of voters registered therein for the purposes
2of such election, such ballots shall be put up in separate
3sealed packages, with marks on the outside clearly designating
4the polling place for which they are intended and the number of
5ballots enclosed, and receipt therefor shall be given by the
6judges of election to whom they are delivered, which receipt
7shall be preserved by the election authority. The election
8authority shall provide and retain at its office an ample
9supply of ballots, in addition to those distributed to the
10several voting precincts or districts, and if at any time on or
11before the day of election the ballots furnished to any
12precinct shall be lost, destroyed or exhausted before the polls
13are closed, on written application signed by a majority of the
14judges he or they shall immediately cause to be delivered to
15such judges at the polling place, such additional supply of
16ballots as may be required and sufficient to comply with the
17provisions of this Act.
18(Source: P.A. 80-1469.)
 
19    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
20    Sec. 19-3. The application for vote by mail ballot shall be
21substantially in the following form:
22
APPLICATION FOR VOTE BY MAIL BALLOT
23    To be voted at the .... election in the County of .... and
24State of Illinois, in the .... precinct of the (1) *township of
25.... (2) *City of .... or (3) *.... ward in the City of ....

 

 

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1    I state that I am a resident of the .... precinct of the
2(1) *township of .... (2) *City of .... or (3) *.... ward in
3the city of .... residing at .... in such city or town in the
4county of .... and State of Illinois; that I have lived at such
5address for .... month(s) last past; that I am lawfully
6entitled to vote in such precinct at the .... election to be
7held therein on ....; and that I wish to vote by vote by mail
8ballot.
9    I hereby make application for an official ballot or ballots
10to be voted by me at such election, and I agree that I shall
11return such ballot or ballots to the official issuing the same
12prior to the closing of the polls on the date of the election
13or, if returned by mail, postmarked no later than midnight
14preceding election day, for counting no later than during the
15period for counting provisional ballots, the last day of which
16is the 14th day following election day.
17    I understand that this application is made for an official
18vote by mail ballot or ballots to be voted by me at the
19election specified in this application and that I must submit a
20separate application for an official vote by mail ballot or
21ballots to be voted by me at any subsequent election.
22    Under penalties as provided by law pursuant to Section
2329-10 of The Election Code, the undersigned certifies that the
24statements set forth in this application are true and correct.
25
....
26
*fill in either (1), (2) or (3).

 

 

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1
Post office address to which ballot is mailed:
2...............
3    However, if application is made for a primary election
4ballot, such application shall require the applicant to
5designate the name of the political party with which the
6applicant is affiliated.
7    If application is made electronically, the applicant shall
8mark the box associated with the above described statement
9included as part of the online application certifying that the
10statements set forth in this application are true and correct,
11and a signature is not required.
12    Any person may produce, reproduce, distribute, or return to
13an election authority the application for vote by mail ballot.
14Upon receipt, the appropriate election authority shall accept
15and promptly process any application for vote by mail ballot
16submitted in a form substantially similar to that required by
17this Section, including any substantially similar production
18or reproduction generated by the applicant.
19(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2098-1171, eff. 6-1-15.)
 
21    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
22    Sec. 19-4. Mailing or delivery of ballots; time.
23Immediately upon the receipt of such application either by mail
24or electronic means, not more than 90 days nor less than 5 days
25prior to such election, or by personal delivery not more than

 

 

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190 days nor less than one day prior to such election, at the
2office of such election authority, it shall be the duty of such
3election authority to examine the records to ascertain whether
4or not such applicant is lawfully entitled to vote as
5requested, including a verification of the applicant's
6signature by comparison with the signature on the official
7registration record card, and if found so to be entitled to
8vote, to post within one business day thereafter the name,
9street address, ward and precinct number or township and
10district number, as the case may be, of such applicant given on
11a list, the pages of which are to be numbered consecutively to
12be kept by such election authority for such purpose in a
13conspicuous, open and public place accessible to the public at
14the entrance of the office of such election authority, and in
15such a manner that such list may be viewed without necessity of
16requesting permission therefor. Within one day after posting
17the name and other information of an applicant for a vote by
18mail ballot, the election authority shall transmit by
19electronic means pursuant to a process established by the State
20Board of Elections that name and other posted information to
21the State Board of Elections, which shall maintain those names
22and other information in an electronic format on its website,
23arranged by county and accessible to State and local political
24committees. Within 2 business days after posting a name and
25other information on the list within its office, but no sooner
26than 40 days before an election, the election authority shall

 

 

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1mail, postage prepaid, or deliver in person in such office an
2official ballot or ballots if more than one are to be voted at
3said election. Mail delivery of Temporarily Absent Student
4ballot applications pursuant to Section 19-12.3 shall be by
5nonforwardable mail. However, for the consolidated election,
6vote by mail ballots for certain precincts may be delivered to
7applicants not less than 25 days before the election if so much
8time is required to have prepared and printed the ballots
9containing the names of persons nominated for offices at the
10consolidated primary. The election authority shall enclose
11with each vote by mail ballot or application written
12instructions on how voting assistance shall be provided
13pursuant to Section 17-14 and a document, written and approved
14by the State Board of Elections, informing the vote by mail
15voter of the required postage for returning the application and
16ballot, and enumerating the circumstances under which a person
17is authorized to vote by vote by mail ballot pursuant to this
18Article; such document shall also include a statement informing
19the applicant that if he or she falsifies or is solicited by
20another to falsify his or her eligibility to cast a vote by
21mail ballot, such applicant or other is subject to penalties
22pursuant to Section 29-10 and Section 29-20 of the Election
23Code. Each election authority shall maintain a list of the
24name, street address, ward and precinct, or township and
25district number, as the case may be, of all applicants who have
26returned vote by mail ballots to such authority, and the name

 

 

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1of such vote by mail voter shall be added to such list within
2one business day from receipt of such ballot. If the vote by
3mail ballot envelope indicates that the voter was assisted in
4casting the ballot, the name of the person so assisting shall
5be included on the list. The list, the pages of which are to be
6numbered consecutively, shall be kept by each election
7authority in a conspicuous, open, and public place accessible
8to the public at the entrance of the office of the election
9authority and in a manner that the list may be viewed without
10necessity of requesting permission for viewing.
11    Each election authority shall maintain a list for each
12election of the voters to whom it has issued vote by mail
13ballots. The list shall be maintained for each precinct within
14the jurisdiction of the election authority. Prior to the
15opening of the polls on election day, the election authority
16shall deliver to the judges of election in each precinct the
17list of registered voters in that precinct to whom vote by mail
18ballots have been issued by mail.
19    Each election authority shall maintain a list for each
20election of voters to whom it has issued temporarily absent
21student ballots. The list shall be maintained for each election
22jurisdiction within which such voters temporarily abide.
23Immediately after the close of the period during which
24application may be made by mail or electronic means for vote by
25mail ballots, each election authority shall mail to each other
26election authority within the State a certified list of all

 

 

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1such voters temporarily abiding within the jurisdiction of the
2other election authority.
3    In the event that the return address of an application for
4ballot by a physically incapacitated elector is that of a
5facility licensed or certified under the Nursing Home Care Act,
6the Specialized Mental Health Rehabilitation Act of 2013, the
7ID/DD Community Care Act, or the MC/DD Act, within the
8jurisdiction of the election authority, and the applicant is a
9registered voter in the precinct in which such facility is
10located, the ballots shall be prepared and transmitted to a
11responsible judge of election no later than 9 a.m. on the
12Friday, Saturday, Sunday, or Monday immediately preceding the
13election as designated by the election authority under Section
1419-12.2. Such judge shall deliver in person on the designated
15day the ballot to the applicant on the premises of the facility
16from which application was made. The election authority shall
17by mail notify the applicant in such facility that the ballot
18will be delivered by a judge of election on the designated day.
19    All applications for vote by mail ballots shall be
20available at the office of the election authority for public
21inspection upon request from the time of receipt thereof by the
22election authority until 30 days after the election, except
23during the time such applications are kept in the office of the
24election authority pursuant to Section 19-7, and except during
25the time such applications are in the possession of the judges
26of election.

 

 

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1(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
298-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
37-29-15.)
 
4    (10 ILCS 5/19A-15)
5    Sec. 19A-15. Period for early voting; hours.
6    (a) The period for early voting by personal appearance
7begins the 15th 40th day preceding a general primary,
8consolidated primary, consolidated, or general election and
9extends through the end of the day before election day.
10    (b) Except as otherwise provided by this Section, a
11permanent polling place for early voting must remain open
12beginning the 15th day before an election through the end of
13the day before election day during the hours of 8:30 a.m. to
144:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
15beginning 8 days before election day, a permanent polling place
16for early voting must remain open during the hours of 8:30 a.m.
17to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 a.m. to 12:00
18p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. on
19Sundays; except that, in addition to the hours required by this
20subsection, a permanent polling place designated by an election
21authority under subsections (c), (d), and (e) of Section 19A-10
22must remain open for a total of at least 8 hours on any holiday
23during the early voting period and a total of at least 14 hours
24on the final weekend during the early voting period.
25    (c) Notwithstanding subsection (b), an election authority

 

 

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1may close an early voting polling place if the building in
2which the polling place is located has been closed by the State
3or unit of local government in response to a severe weather
4emergency or other force majeure. The election authority shall
5notify the State Board of Elections of any closure and shall
6make reasonable efforts to provide notice to the public of an
7alternative location for early voting.
8    (d) (Blank).
9(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
10eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
1198-1171, eff. 6-1-15.)
 
12    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
13    Sec. 20-2. Any member of the United States Service,
14otherwise qualified to vote, who expects in the course of his
15duties to be absent from the county in which he resides on the
16day of holding any election may make application for a vote by
17mail ballot to the election authority having jurisdiction over
18his precinct of residence on the official postcard or on a form
19furnished by the election authority as prescribed by Section
2020-3 of this Article not less than 10 days before the election.
21A request pursuant to this Section shall entitle the applicant
22to a vote by mail ballot for every election in one calendar
23year. The original application for ballot shall be kept in the
24office of the election authority for one year as authorization
25to send a ballot to the voter for each election to be held

 

 

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1within that calendar year. A certified copy of such application
2for ballot shall be sent each election with the vote by mail
3ballot to the election authority's central ballot counting
4location to be used in lieu of the original application for
5ballot. No registration shall be required in order to vote
6pursuant to this Section.
7    Ballots under this Section shall be mailed by the election
8authority in the manner prescribed by Section 20-5 of this
9Article and not otherwise. Ballots voted under this Section
10must be returned postmarked no later than midnight preceding
11election day and received for counting at the central ballot
12counting location of the election authority during the period
13for counting provisional ballots, the last day of which is the
1414th day following election day.
15(Source: P.A. 98-1171, eff. 6-1-15.)
 
16    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
17    Sec. 20-2.1. Citizens of the United States temporarily
18residing outside the territorial limits of the United States
19who are not registered but otherwise qualified to vote and who
20expect to be absent from their county of residence during the
21periods of voter registration provided for in Articles 4, 5 or
226 of this Code and on the day of holding any election, may make
23simultaneous application to the election authority having
24jurisdiction over their precinct of residence for registration
25by mail and vote by mail ballot not less than 30 days before

 

 

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1the election. Such application may be made on the official
2postcard or on a form furnished by the election authority as
3prescribed by Section 20-3 of this Article or by facsimile or
4electronic transmission. A request pursuant to this Section
5shall entitle the applicant to a vote by mail ballot for every
6election in one calendar year. The original application for
7ballot shall be kept in the office of the election authority
8for one year as authorization to send a ballot to the voter for
9each election to be held within that calendar year. A certified
10copy of such application for ballot shall be sent each election
11with the vote by mail ballot to the election authority's
12central ballot counting location to be used in lieu of the
13original application for ballot.
14    Registration shall be required in order to vote pursuant to
15this Section. However, if the election authority receives one
16of such applications after 30 days but not less than 10 days
17before a Federal election, said applicant shall be sent a
18ballot containing the Federal offices only and registration for
19that election shall be waived.
20    Ballots under this Section shall be delivered by the
21election authority in the manner prescribed by Section 20-5 of
22this Article in person, by mail, or, if requested by the
23applicant and the election authority has the capability, by
24facsimile transmission or by electronic transmission.
25    Ballots voted under this Section must be returned
26postmarked no later than midnight preceding election day and

 

 

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1received for counting at the central ballot counting location
2of the election authority during the period for counting
3provisional ballots, the last day of which is the 14th day
4following election day.
5(Source: P.A. 98-1171, eff. 6-1-15.)
 
6    (10 ILCS 5/20-2.2)  (from Ch. 46, par. 20-2.2)
7    Sec. 20-2.2. Any non-resident civilian citizen, otherwise
8qualified to vote, may make application to the election
9authority having jurisdiction over his precinct of former
10residence for a vote by mail ballot containing the Federal
11offices only not less than 10 days before a Federal election.
12Such application may be made on the official postcard or by
13facsimile or electronic transmission. A request pursuant to
14this Section shall entitle the applicant to a vote by mail
15ballot for every election in one calendar year at which Federal
16offices are filled. The original application for ballot shall
17be kept in the office of the election authority for one year as
18authorization to send a ballot to the voter for each election
19to be held within that calendar year at which Federal offices
20are filled. A certified copy of such application for ballot
21shall be sent each election with the vote by mail ballot to the
22election authority's central ballot counting location to be
23used in lieu of the original application for ballot. No
24registration shall be required in order to vote pursuant to
25this Section. Ballots under this Section shall be delivered by

 

 

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1the election authority in the manner prescribed by Section 20-5
2of this Article in person, by mail, or, if requested by the
3applicant and the election authority has the capability, by
4facsimile transmission or by electronic transmission. Ballots
5voted under this Section must be returned postmarked no later
6than midnight preceding election day and received for counting
7at the central ballot counting location of the election
8authority during the period for counting provisional ballots,
9the last day of which is the 14th day following election day.
10(Source: P.A. 98-1171, eff. 6-1-15.)
 
11    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
12    Sec. 20-2.3. Members of the Armed Forces and their spouses
13and dependents. Any member of the United States Armed Forces
14while on active duty, and his or her spouse and dependents,
15otherwise qualified to vote, who expects in the course of his
16or her duties to be absent from the county in which he or she
17resides on the day of holding any election, in addition to any
18other method of making application for vote by mail ballot
19under this Article, may make application for a vote by mail
20ballot to the election authority having jurisdiction over his
21or her precinct of residence by a facsimile machine or
22electronic transmission not less than 10 days before the
23election.
24    Ballots under this Section shall be delivered by the
25election authority in the manner prescribed by Section 20-5 of

 

 

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1this Article in person, by mail, or, if requested by the
2applicant and the election authority has the capability, by
3facsimile transmission or by electronic transmission. Ballots
4voted under this Section must be returned postmarked no later
5than midnight preceding election day and received for counting
6at the central ballot counting location of the election
7authority during the period for counting provisional ballots,
8the last day of which is the 14th day following election day.
9(Source: P.A. 98-1171, eff. 6-1-15.)
 
10    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
11    Sec. 20-3. The election authority shall furnish the
12following applications for registration by mail or vote by mail
13ballot which shall be considered a method of application in
14lieu of the official postcard.
15    1. Members of the United States Service, citizens of the
16United States temporarily residing outside the territorial
17limits of the United States, and certified program participants
18under the Address Confidentiality for Victims of Domestic
19Violence Act may make application within the periods prescribed
20in Sections 20-2 or 20-2.1, as the case may be. Such
21application shall be substantially in the following form:
22
"APPLICATION FOR BALLOT
23    To be voted at the............ election in the precinct in
24which is located my residence at..............., in the
25city/village/township of ............(insert home address)

 

 

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1County of........... and State of Illinois.
2    I state that I am a citizen of the United States; that on
3(insert date of election) I shall have resided in the State of
4Illinois and in the election precinct for 30 days; that on the
5above date I shall be the age of 18 years or above; that I am
6lawfully entitled to vote in such precinct at that election;
7that I am (check category 1, 2, or 3 below):
8    1.  ( ) a member of the United States Service,
9    2.  ( ) a citizen of the United States temporarily residing
10outside the territorial limits of the United States and that I
11expect to be absent from the said county of my residence on the
12date of holding such election, and that I will have no
13opportunity to vote in person on that day.
14    3.  ( ) a certified program participant under the Address
15Confidentiality for Victims of Domestic Violence Act.
16    I hereby make application for an official ballot or ballots
17to be voted by me at such election if I am absent from the said
18county of my residence, and I agree that I shall return said
19ballot or ballots to the election authority postmarked no later
20than midnight preceding election day, for counting no later
21than during the period for counting provisional ballots, the
22last day of which is the 14th day following election day or
23shall destroy said ballot or ballots.
24    (Check below only if category 2 or 3 and not previously
25registered)
26    (  ) I hereby make application to become registered as a

 

 

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1voter and agree to return the forms and affidavits for
2registration to the election authority not later than 30 days
3before the election.
4    Under penalties as provided by law pursuant to Article 29
5of The Election Code, the undersigned certifies that the
6statements set forth in this application are true and correct.
7
.........................
8    Post office address or service address to which
9registration materials or ballot should be mailed
10
.........................
11
.........................
12
.........................
13
........................"
14    If application is made for a primary election ballot, such
15application shall designate the name of the political party
16with which the applicant is affiliated.
17    Such applications may be obtained from the election
18authority having jurisdiction over the person's precinct of
19residence.
20    2. A spouse or dependent of a member of the United States
21Service, said spouse or dependent being a registered voter in
22the county, may make application on behalf of said person in
23the office of the election authority within the periods
24prescribed in Section 20-2 which shall be substantially in the
25following form:
26"APPLICATION FOR BALLOT to be voted at the........... election

 

 

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1in the precinct in which is located the residence of the person
2for whom this application is made at.............(insert
3residence address) in the city/village/township of.........
4County of.......... and State of Illinois.
5    I certify that the following named person................
6(insert name of person) is a member of the United States
7Service.
8    I state that said person is a citizen of the United States;
9that on (insert date of election) said person shall have
10resided in the State of Illinois and in the election precinct
11for which this application is made for 30 days; that on the
12above date said person shall be the age of 18 years or above;
13that said person is lawfully entitled to vote in such precinct
14at that election; that said person is a member of the United
15States Service, and that in the course of his duties said
16person expects to be absent from his county of residence on the
17date of holding such election, and that said person will have
18no opportunity to vote in person on that day.
19    I hereby make application for an official ballot or ballots
20to be voted by said person at such election and said person
21agrees that he shall return said ballot or ballots to the
22election authority postmarked no later than midnight preceding
23election day, for counting no later than during the period for
24counting provisional ballots, the last day of which is the 14th
25day following election day, or shall destroy said ballot or
26ballots.

 

 

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1    I hereby certify that I am the (mother, father, sister,
2brother, husband or wife) of the said elector, and that I am a
3registered voter in the election precinct for which this
4application is made. (Strike all but one that is applicable.)
5    Under penalties as provided by law pursuant to Article 29
6of The Election Code, the undersigned certifies that the
7statements set forth in this application are true and correct.
8
Name of applicant ......................
9
Residence address ........................
10
City/village/township........................
11    Service address to which ballot should be mailed:
12
.........................
13
.........................
14
.........................
15
........................"
16    If application is made for a primary election ballot, such
17application shall designate the name of the political party
18with which the person for whom application is made is
19affiliated.
20    Such applications may be obtained from the election
21authority having jurisdiction over the voting precinct in which
22the person for whom application is made is entitled to vote.
23(Source: P.A. 98-1171, eff. 6-1-15.)
 
24    (10 ILCS 5/20-6)  (from Ch. 46, par. 20-6)
25    Sec. 20-6. Such vote by mail voter shall make and subscribe

 

 

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1to the certifications provided for in the application and on
2the return envelope for the ballot, and such ballot or ballots
3shall then be folded by such voter in the manner required to be
4folded before depositing the same in the ballot box, and be
5deposited in such envelope and the envelope securely sealed.
6The envelope in which the ballot is returned to the election
7authority may be delivered (i) by mail, postage paid, (ii) by
8any person authorized by the voter in person, by the spouse,
9parent, child, brother, or sister of the voter, or (iii) by a
10company engaged in the business of making deliveries of
11property and licensed as a motor carrier of property by the
12Illinois Commerce Commission under the Illinois Commercial
13Transportation Law.
14(Source: P.A. 98-1171, eff. 6-1-15.)
 
15    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
16    Sec. 20-8. Time and place of counting ballots.
17    (a) (Blank.)
18    (b) Each vote by mail voter's ballot returned to an
19election authority, by any means authorized by this Article,
20and received by that election authority may be processed by the
21election authority beginning on the 15th day before election
22day in the central ballot counting location of the election
23authority, but the results of the processing may not be counted
24until the day of the election after 7:00 p.m., except as
25provided in subsections (g) and (g-5).

 

 

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1    (c) Each vote by mail voter's ballot that is mailed to an
2election authority and postmarked no later than election day,
3but that is received by the election authority after the polls
4close on election day and before the close of the period for
5counting provisional ballots cast at that election, shall be
6endorsed by the receiving authority with the day and hour of
7receipt and shall be counted at the central ballot counting
8location of the election authority during the period for
9counting provisional ballots.
10    Each vote by mail voter's ballot that is mailed to an
11election authority absent a postmark, but that is received by
12the election authority after the polls close on election day
13and before the close of the period for counting provisional
14ballots cast at that election, shall be endorsed by the
15receiving authority with the day and hour of receipt, opened to
16inspect the date inserted on the certification, and, if the
17certification date is a date preceding the election day and the
18ballot is otherwise found to be valid under the requirements of
19this Section, counted at the central ballot counting location
20of the election authority during the period for counting
21provisional ballots. Absent a date on the certification, the
22ballot shall not be counted.
23    (d) Special write-in vote by mail voter's blank ballots
24returned to an election authority, by any means authorized by
25this Article, and received by the election authority at any
26time before the closing of the polls on election day shall be

 

 

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1endorsed by the receiving election authority with the day and
2hour of receipt and shall be counted at the central ballot
3counting location of the election authority during the same
4period provided for counting vote by mail voters' ballots under
5subsections (b), (g), and (g-5). Special write-in vote by mail
6voter's blank ballot that are mailed to an election authority
7and postmarked no later than by midnight preceding the opening
8of the polls on election day, but that are received by the
9election authority after the polls close on election day and
10before the closing of the period for counting provisional
11ballots cast at that election, shall be endorsed by the
12receiving authority with the day and hour of receipt and shall
13be counted at the central ballot counting location of the
14election authority during the same periods provided for
15counting vote by mail voters' ballots under subsection (c).
16    (e) Except as otherwise provided in this Section, vote by
17mail voters' ballots and special write-in vote by mail voter's
18blank ballots received by the election authority after the
19closing of the polls on the day of election shall be endorsed
20by the person receiving the ballots with the day and hour of
21receipt and shall be safely kept unopened by the election
22authority for the period of time required for the preservation
23of ballots used at the election, and shall then, without being
24opened, be destroyed in like manner as the used ballots of that
25election.
26    (f) Counting required under this Section to begin on

 

 

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1election day after the closing of the polls shall commence no
2later than 8:00 p.m. and shall be conducted by a panel or
3panels of election judges appointed in the manner provided by
4law. The counting shall continue until all vote by mail voters'
5ballots and special write-in vote by mail voter's blank ballots
6required to be counted on election day have been counted.
7    (g) The procedures set forth in Articles 17 and 18 of this
8Code shall apply to all ballots counted under this Section. In
9addition, within 2 days after a ballot subject to this Article
10is received, but in all cases before the close of the period
11for counting provisional ballots, the election judge or
12official shall compare the voter's signature on the
13certification envelope of that ballot with the signature of the
14voter on file in the office of the election authority. If the
15election judge or official determines that the 2 signatures
16match, and that the voter is otherwise qualified to cast a
17ballot under this Article, the election authority shall cast
18and count the ballot on election day or the day the ballot is
19determined to be valid, whichever is later, adding the results
20to the precinct in which the voter is registered. If the
21election judge or official determines that the signatures do
22not match, or that the voter is not qualified to cast a ballot
23under this Article, then without opening the certification
24envelope, the judge or official shall mark across the face of
25the certification envelope the word "Rejected" and shall not
26cast or count the ballot.

 

 

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1    In addition to the voter's signatures not matching, a
2ballot subject to this Article may be rejected by the election
3judge or official:
4        (1) if the ballot envelope is open or has been opened
5    and resealed;
6        (2) if the voter has already cast an early or grace
7    period ballot;
8        (3) if the voter voted in person on election day or the
9    voter is not a duly registered voter in the precinct; or
10        (4) on any other basis set forth in this Code.
11    If the election judge or official determines that any of
12these reasons apply, the judge or official shall mark across
13the face of the certification envelope the word "Rejected" and
14shall not cast or count the ballot.
15    (g-5) If a ballot subject to this Article is rejected by
16the election judge or official for any reason, the election
17authority shall, within 2 days after the rejection but in all
18cases before the close of the period for counting provisional
19ballots, notify the voter that his or her ballot was rejected.
20The notice shall inform the voter of the reason or reasons the
21ballot was rejected and shall state that the voter may appear
22before the election authority, on or before the 14th day after
23the election, to show cause as to why the ballot should not be
24rejected. The voter may present evidence to the election
25authority supporting his or her contention that the ballot
26should be counted. The election authority shall appoint a panel

 

 

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1of 3 election judges to review the contested ballot,
2application, and certification envelope, as well as any
3evidence submitted by the vote by mail voter. No more than 2
4election judges on the reviewing panel shall be of the same
5political party. The reviewing panel of election judges shall
6make a final determination as to the validity of the contested
7ballot. The judges' determination shall not be reviewable
8either administratively or judicially.
9    A ballot subject to this subsection that is determined to
10be valid shall be counted before the close of the period for
11counting provisional ballots.
12    (g-10) All ballots determined to be valid shall be added to
13the vote totals for the precincts for which they were cast in
14the order in which the ballots were opened.
15    (h) Each political party, candidate, and qualified civic
16organization shall be entitled to have present one pollwatcher
17for each panel of election judges therein assigned.
18(Source: P.A. 98-1171, eff. 6-1-15.)
 
19    (10 ILCS 5/29-5)  (from Ch. 46, par. 29-5)
20    Sec. 29-5. Voting more than once. Any person who, having
21voted once, knowingly during any election on the same election
22day where the ballot or machine lists any of the same
23candidates and issues listed on the ballot or machine
24previously used for voting by that person, (a) files an
25application to vote in the same or another polling place, or

 

 

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1(b) accepts a ballot or enters a voting machine (except to
2legally give assistance pursuant to the provisions of this
3Code), shall be guilty of a Class 3 felony; however, if a
4person has delivered a ballot or ballots to an election
5authority as a vote by mail voter and due to a change of
6circumstances is able to and does vote in the precinct of his
7residence on election day, shall not be deemed to be in
8violation of this Code.
9(Source: P.A. 98-1171, eff. 6-1-15.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.

 

 

SB2747- 33 -LRB099 16646 MLM 40984 b

1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/1-12
4    10 ILCS 5/1A-16.8
5    10 ILCS 5/10-6from Ch. 46, par. 10-6
6    10 ILCS 5/16-5from Ch. 46, par. 16-5
7    10 ILCS 5/19-3from Ch. 46, par. 19-3
8    10 ILCS 5/19-4from Ch. 46, par. 19-4
9    10 ILCS 5/19A-15
10    10 ILCS 5/20-2from Ch. 46, par. 20-2
11    10 ILCS 5/20-2.1from Ch. 46, par. 20-2.1
12    10 ILCS 5/20-2.2from Ch. 46, par. 20-2.2
13    10 ILCS 5/20-2.3from Ch. 46, par. 20-2.3
14    10 ILCS 5/20-3from Ch. 46, par. 20-3
15    10 ILCS 5/20-6from Ch. 46, par. 20-6
16    10 ILCS 5/20-8from Ch. 46, par. 20-8
17    10 ILCS 5/29-5from Ch. 46, par. 29-5