Illinois General Assembly - Full Text of SB2303
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Full Text of SB2303  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/10/2023, by Sen. Julie A. Morrison


10 ILCS 5/19-12.2  from Ch. 46, par. 19-12.2

    Amends the Election Code. Provides that voting by physically incapacitated electors who have made proper application to the election authority not later than 5 days before the regular primary and general election shall be conducted either through vote by mail procedures or on specified premises (rather than only on specified premises). Effective Immediately.

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SB2303LRB103 26252 BMS 52612 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
5Section 19-12.2 as follows:
6    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
7    Sec. 19-12.2. Voting by physically incapacitated electors
8who have made proper application to the election authority not
9later than 5 days before the regular primary and general
10election of 1980 and before each election thereafter shall be
11conducted either through the vote by mail procedures as
12detailed in this Article or on the premises of (i) federally
13operated veterans' homes, hospitals, and facilities located in
14Illinois or (ii) facilities licensed or certified pursuant to
15the Nursing Home Care Act, the Specialized Mental Health
16Rehabilitation Act of 2013, the ID/DD Community Care Act, or
17the MC/DD Act for the sole benefit of residents of such homes,
18hospitals, and facilities. For the purposes of this Section,
19"federally operated veterans' home, hospital, or facility"
20means the long-term care facilities at the Jesse Brown VA
21Medical Center, Illiana Health Care System, Edward Hines, Jr.
22VA Hospital, Marion VA Medical Center, and Captain James A.
23Lovell Federal Health Care Center. Such voting shall be



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1conducted during any continuous period sufficient to allow all
2applicants to cast their ballots between the hours of 9 a.m.
3and 7 p.m. either on the Friday, Saturday, Sunday or Monday
4immediately preceding the regular election. This vote by mail
5voting on one of said days designated by the election
6authority shall be supervised by two election judges who must
7be selected by the election authority in the following order
8of priority: (1) from the panel of judges appointed for the
9precinct in which such home, hospital, or facility is located,
10or from a panel of judges appointed for any other precinct
11within the jurisdiction of the election authority in the same
12ward or township, as the case may be, in which the home,
13hospital, or facility is located or, only in the case where a
14judge or judges from the precinct, township or ward are
15unavailable to serve, (3) from a panel of judges appointed for
16any other precinct within the jurisdiction of the election
17authority. The two judges shall be from different political
18parties. Not less than 30 days before each regular election,
19the election authority shall have arranged with the chief
20administrative officer of each home, hospital, or facility in
21his or its election jurisdiction a mutually convenient time
22period on the Friday, Saturday, Sunday or Monday immediately
23preceding the election for such voting on the premises of the
24home, hospital, or facility and shall post in a prominent
25place in his or its office a notice of the agreed day and time
26period for conducting such voting at each home, hospital, or



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1facility; provided that the election authority shall not later
2than noon on the Thursday before the election also post the
3names and addresses of those homes, hospitals, and facilities
4from which no applications were received and in which no
5supervised vote by mail voting will be conducted. All
6provisions of this Code applicable to pollwatchers shall be
7applicable herein. To the maximum extent feasible, voting
8booths or screens shall be provided to insure the privacy of
9the voter. Voting procedures shall be as described in Article
1017 of this Code, except that ballots shall be treated as vote
11by mail ballots and shall not be counted until the close of the
12polls on the following day. After the last voter has concluded
13voting, the judges shall seal the ballots in an envelope and
14affix their signatures across the flap of the envelope.
15Immediately thereafter, the judges shall bring the sealed
16envelope to the office of the election authority who shall
17deliver such ballots to the election authority's central
18ballot counting location prior to the closing of the polls on
19the day of election. The judges of election shall also report
20to the election authority the name of any applicant in the
21home, hospital, or facility who, due to unforeseen
22circumstance or condition or because of a religious holiday,
23was unable to vote. In this event, the election authority may
24appoint a qualified person from his or its staff to deliver the
25ballot to such applicant on the day of election. This staff
26person shall follow the same procedures prescribed for judges



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1conducting vote by mail voting in such homes, hospitals, or
2facilities and shall return the ballot to the central ballot
3counting location before the polls close. However, if the
4home, hospital, or facility from which the application was
5made is also used as a regular precinct polling place for that
6voter, voting procedures heretofore prescribed may be
7implemented by 2 of the election judges of opposite party
8affiliation assigned to that polling place during the hours of
9voting on the day of the election. Judges of election shall be
10compensated not less than $25.00 for conducting vote by mail
11voting in such homes, hospitals, or facilities.
12    Not less than 120 days before each regular election, the
13Department of Public Health shall certify to the State Board
14of Elections a list of the facilities licensed or certified
15pursuant to the Nursing Home Care Act, the Specialized Mental
16Health Rehabilitation Act of 2013, the ID/DD Community Care
17Act, or the MC/DD Act. The lists shall indicate the approved
18bed capacity and the name of the chief administrative officer
19of each such home, hospital, or facility, and the State Board
20of Elections shall certify the same to the appropriate
21election authority within 20 days thereafter.
22(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2399-180, eff. 7-29-15.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.