Illinois General Assembly - Full Text of HB2460
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Full Text of HB2460  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Deanne M. Mazzochi


10 ILCS 5/19-2  from Ch. 46, par. 19-2
10 ILCS 5/19-4  from Ch. 46, par. 19-4

    Amends the Election Code. Provides that an elector may apply for a vote by mail ballot electronically or by mail no less than 60 days before an election (rather than 5 days). Provides that an elector may apply for a vote by mail ballot in person no less than 60 days before an election (rather than one day). Makes conforming changes.

LRB102 10986 SMS 16318 b





HB2460LRB102 10986 SMS 16318 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 and 19-4 as follows:
6    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
7    Sec. 19-2. Any elector as defined in Section 19-1 may by
8mail or electronically on the website of the appropriate
9election authority, not more than 90 nor less than 60 5 days
10prior to the date of such election, or by personal delivery not
11more than 90 nor less than 60 days one day prior to the date of
12such election, make application to the county clerk or to the
13Board of Election Commissioners for an official ballot for the
14voter's precinct to be voted at such election. The URL address
15at which voters may electronically request a vote by mail
16ballot shall be fixed no later than 90 calendar days before an
17election and shall not be changed until after the election.
18Such a ballot shall be delivered to the elector only upon
19separate application by the elector for each election.
20(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
2198-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
22    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)



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1    Sec. 19-4. Mailing or delivery of ballots; time.
2Immediately upon the receipt of such application either by
3mail or electronic means, not more than 90 days nor less than
460 5 days prior to such election, or by personal delivery not
5more than 90 days nor less than 60 days one day prior to such
6election, at the office of such election authority, it shall
7be the duty of such election authority to examine the records
8to ascertain whether or not such applicant is lawfully
9entitled to vote as requested, including a verification of the
10applicant's signature by comparison with the signature on the
11official registration record card, and if found so to be
12entitled to vote, to post within one business day thereafter
13the name, street address, ward and precinct number or township
14and district number, as the case may be, of such applicant
15given on a list, the pages of which are to be numbered
16consecutively to be kept by such election authority for such
17purpose in a conspicuous, open and public place accessible to
18the public at the entrance of the office of such election
19authority, and in such a manner that such list may be viewed
20without necessity of requesting permission therefor. Within
21one day after posting the name and other information of an
22applicant for a vote by mail ballot, the election authority
23shall transmit by electronic means pursuant to a process
24established by the State Board of Elections that name and
25other posted information to the State Board of Elections,
26which shall maintain those names and other information in an



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1electronic format on its website, arranged by county and
2accessible to State and local political committees. Within 2
3business days after posting a name and other information on
4the list within its office, but no sooner than 40 days before
5an election, the election authority shall mail, postage
6prepaid, or deliver in person in such office an official
7ballot or ballots if more than one are to be voted at said
8election. Mail delivery of Temporarily Absent Student ballot
9applications pursuant to Section 19-12.3 shall be by
10nonforwardable mail. However, for the consolidated election,
11vote by mail ballots for certain precincts may be delivered to
12applicants not less than 25 days before the election if so much
13time is required to have prepared and printed the ballots
14containing the names of persons nominated for offices at the
15consolidated primary. The election authority shall enclose
16with each vote by mail ballot or application written
17instructions on how voting assistance shall be provided
18pursuant to Section 17-14 and a document, written and approved
19by the State Board of Elections, informing the vote by mail
20voter of the required postage for returning the application
21and ballot, and enumerating the circumstances under which a
22person is authorized to vote by vote by mail ballot pursuant to
23this Article; such document shall also include a statement
24informing the applicant that if he or she falsifies or is
25solicited by another to falsify his or her eligibility to cast
26a vote by mail ballot, such applicant or other is subject to



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1penalties pursuant to Section 29-10 and Section 29-20 of the
2Election Code. Each election authority shall maintain a list
3of the name, street address, ward and precinct, or township
4and district number, as the case may be, of all applicants who
5have returned vote by mail ballots to such authority, and the
6name of such vote by mail voter shall be added to such list
7within one business day from receipt of such ballot. If the
8vote by mail ballot envelope indicates that the voter was
9assisted in casting the ballot, the name of the person so
10assisting shall be included on the list. The list, the pages of
11which are to be numbered consecutively, shall be kept by each
12election authority in a conspicuous, open, and public place
13accessible to the public at the entrance of the office of the
14election authority and in a manner that the list may be viewed
15without necessity of requesting permission for viewing.
16    Each election authority shall maintain a list for each
17election of the voters to whom it has issued vote by mail
18ballots. The list shall be maintained for each precinct within
19the jurisdiction of the election authority. Prior to the
20opening of the polls on election day, the election authority
21shall deliver to the judges of election in each precinct the
22list of registered voters in that precinct to whom vote by mail
23ballots have been issued by mail.
24    Each election authority shall maintain a list for each
25election of voters to whom it has issued temporarily absent
26student ballots. The list shall be maintained for each



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1election jurisdiction within which such voters temporarily
2abide. Immediately after the close of the period during which
3application may be made by mail or electronic means for vote by
4mail ballots, each election authority shall mail to each other
5election authority within the State a certified list of all
6such voters temporarily abiding within the jurisdiction of the
7other election authority.
8    In the event that the return address of an application for
9ballot by a physically incapacitated elector is that of a
10facility licensed or certified under the Nursing Home Care
11Act, the Specialized Mental Health Rehabilitation Act of 2013,
12the ID/DD Community Care Act, or the MC/DD Act, within the
13jurisdiction of the election authority, and the applicant is a
14registered voter in the precinct in which such facility is
15located, the ballots shall be prepared and transmitted to a
16responsible judge of election no later than 9 a.m. on the
17Friday, Saturday, Sunday, or Monday immediately preceding the
18election as designated by the election authority under Section
1919-12.2. Such judge shall deliver in person on the designated
20day the ballot to the applicant on the premises of the facility
21from which application was made. The election authority shall
22by mail notify the applicant in such facility that the ballot
23will be delivered by a judge of election on the designated day.
24    All applications for vote by mail ballots shall be
25available at the office of the election authority for public
26inspection upon request from the time of receipt thereof by



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1the election authority until 30 days after the election,
2except during the time such applications are kept in the
3office of the election authority pursuant to Section 19-7, and
4except during the time such applications are in the possession
5of the judges of election.
6(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
798-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
87-29-15; 99-522, eff. 6-30-16.)