HB1563 99TH GENERAL ASSEMBLY

LRB099 03535 MGM 23543 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1563

Introduced , by Rep. Bill Mitchell

SYNOPSIS AS INTRODUCED:

10 ILCS 5/29-5

from Ch. 46, par. 29-5

Amends the Election Code. Provides that each local election authority shall, within 2 weeks of election day, deliver to the State Board of Elections a list of all voters that requested vote by mail ballots and either voted early or was given a provisional ballot at their precinct on election day. Provides that the State Board of Elections, in consultation with the State's Attorney with jurisdiction over the election authority, shall review the lists and investigate to determine whether any voter's intent when voting early or requesting such provisional ballots on election day was to vote more than once. Provides that, if such investigation reveals that the voter knowingly attempted to vote more than once, he or she shall be guilty of a Class 3 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 29-5 as follows:

(10 ILCS 5/29-5) (from Ch. 46, par. 29-5)

(Text of Section before amendment by P.A. 98-1171)

Sec. 29-5. Voting more than once. Any person who, having voted once, knowingly 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 pursuant to the provisions of this Code), shall be guilty of a Class 3 felony; however, if a person has delivered a ballot or ballots to an election authority as an absentee voter and due to a change of circumstances is able to and does vote in the precinct of his residence on election day, shall not be deemed to be in violation of this Code.

Each local election authority shall, within 2 weeks of election day, deliver to the State Board of Elections a list of all voters that requested vote by mail ballots and either voted early or was given a provisional ballot at their precinct on election day. The State Board of Elections, in consultation with the State's Attorney with jurisdiction over the election authority, shall review the lists and investigate to determine whether any voter's intent when voting early or requesting such provisional ballots on election day was to vote more than once. If such investigation reveals that the voter knowingly attempted to vote more than once, he or she shall be guilty of a Class 3 felony.

(Source: P.A. 83-755.)

(Text of Section after amendment by P.A. 98-1171)

Sec. 29-5. Voting more than once. Any person who, having voted once, knowingly 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 pursuant to the provisions of this Code), shall be guilty of a Class 3 felony; however, if a person has delivered a ballot or ballots to an election authority as a vote by mail voter and due to a change of circumstances is able to and does vote in the precinct of his residence on election day, shall not be deemed to be in violation of this Code.

Each local election authority shall, within 2 weeks of election day, deliver to the State Board of Elections a list of all voters that requested vote by mail ballots and either voted early or was given a provisional ballot at their precinct on election day. The State Board of Elections, in consultation with the State's Attorney with jurisdiction over the election authority, shall review the lists and investigate to determine whether any voter's intent when voting early or requesting such provisional ballots on election day was to vote more than once. If such investigation reveals that the voter knowingly attempted to vote more than once, he or she shall be guilty of a Class 3 felony.

(Source: P.A. 98-1171, eff. 6-1-15.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.