Illinois General Assembly - Full Text of HB5104
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Full Text of HB5104  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Ryan Spain


5 ILCS 140/2.25 new
10 ILCS 5/19-6  from Ch. 46, par. 19-6

    Amends the Election Code. Provides that collection sites for vote by mail ballots shall be established only on the grounds of a public building where normal business of a unit of local government is conducted and the building does not have a residential component. Provides that those collection sites shall be recorded by security cameras, and the recordings shall be retained by the election authority for a period of 90-days after each election. Amends the Freedom of Information Act to provide that those recordings are public records subject to inspection and copying by the public during that 90-day period. Effective immediately.

LRB102 25180 AWJ 34444 b





HB5104LRB102 25180 AWJ 34444 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 Freedom of Information Act is amended by
5adding Section 2.25 as follows:
6    (5 ILCS 140/2.25 new)
7    Sec. 2.25. Ballot box recordings. Recordings of collection
8sites for vote by mail ballots are public records subject to
9inspection and copying by the public as provided in Section
1019-6 of the Election Code.
11    Section 10. The Election Code is amended by changing
12Section 19-6 as follows:
13    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
14    Sec. 19-6. Such vote by mail voter shall make and
15subscribe to the certifications provided for in the
16application and on the return envelope for the ballot, and
17such ballot or ballots shall be folded by such voter in the
18manner required to be folded before depositing the same in the
19ballot box, and be deposited in such envelope and the envelope
20securely sealed. The voter shall then endorse his certificate
21upon the back of the envelope and the envelope shall be mailed



HB5104- 2 -LRB102 25180 AWJ 34444 b

1in person by such voter, postage prepaid, to the election
2authority issuing the ballot or, if more convenient, it may be
3delivered in person, by either the voter or by any person
4authorized by the voter, or by a company licensed as a motor
5carrier of property by the Illinois Commerce Commission under
6the Illinois Commercial Transportation Law, which is engaged
7in the business of making deliveries.
8    Election authorities shall accept any vote by mail ballot
9returned, including ballots returned with insufficient or no
10postage. Election authorities may maintain one or more secure
11collection sites for the postage-free return of vote by mail
12ballots. Any election authority with collection sites shall
13collect all ballots returned each day and process them as
14required by this Code, including noting the day on which the
15ballot was collected. Ballots returned to such collection
16sites after close of business shall be dated as delivered the
17next day, with the exception of ballots delivered on election
18day, which shall be dated as received on election day.
19Election authorities shall permit electors to return vote by
20mail ballots at any collection site it has established through
21the close of polls on election day. Collection sites shall be
22established only on the grounds of a public building where
23normal business of a unit of local government is conducted and
24the building does not have a residential component. All
25collection sites shall be secured by locks that may be opened
26only by election authority personnel. All collection sites



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1shall be recorded by security cameras. The recordings shall be
2retained by the election authority for 90 days after each
3election and shall be available for inspection and copying
4under the Freedom of Information Act during that 90-day
5period. The State Board of Elections shall establish
6additional guidelines for the security of collection sites.
7     It shall be unlawful for any person not the voter or a
8person authorized by the voter to take the ballot and ballot
9envelope of a voter for deposit into the mail unless the ballot
10has been issued pursuant to application by a physically
11incapacitated elector under Section 3-3 or a hospitalized
12voter under Section 19-13, in which case any employee or
13person under the direction of the facility in which the
14elector or voter is located may deposit the ballot and ballot
15envelope into the mail. If the voter authorized a person to
16deliver the ballot to the election authority, the voter and
17the person authorized to deliver the ballot shall complete the
18authorization printed on the exterior envelope supplied by an
19election authority for the return of the vote by mail ballot.
20The exterior of the envelope supplied by an election authority
21for the return of the vote by mail ballot shall include an
22authorization in substantially the following form:
23    I ............ (voter) authorize ............... to take
24the necessary steps to have this ballot delivered promptly to
25the office of the election authority.



HB5104- 4 -LRB102 25180 AWJ 34444 b

1.......................              ........................
2         Date                           Signature of voter
4Printed Name of Authorized Delivery Agent
6Signature of Authorized Delivery Agency
8Date Delivered to the Election Authority
9(Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.