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Full Text of HB4653  99th General Assembly

HB4653 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4653

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/20-2  from Ch. 46, par. 20-2
10 ILCS 5/20-2.1  from Ch. 46, par. 20-2.1
10 ILCS 5/20-2.2  from Ch. 46, par. 20-2.2
10 ILCS 5/20-2.3  from Ch. 46, par. 20-2.3
10 ILCS 5/20-8  from Ch. 46, par. 20-8

    Amends the Election Code. Provides that specified vote by mail ballots must be returned postmarked no later than midnight on election day (rather than midnight on the day preceding election day). Effective immediately.


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A BILL FOR

 

HB4653LRB099 15777 MGM 40083 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 20-2, 20-2.1, 20-2.2, 20-2.3, and 20-8 as follows:
 
6    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
7    Sec. 20-2. Any member of the United States Service,
8otherwise qualified to vote, who expects in the course of his
9duties to be absent from the county in which he resides on the
10day of holding any election may make application for a vote by
11mail ballot to the election authority having jurisdiction over
12his precinct of residence on the official postcard or on a form
13furnished by the election authority as prescribed by Section
1420-3 of this Article not less than 10 days before the election.
15A request pursuant to this Section shall entitle the applicant
16to a vote by mail ballot for every election in one calendar
17year. The original application for ballot shall be kept in the
18office of the election authority for one year as authorization
19to send a ballot to the voter for each election to be held
20within that calendar year. A certified copy of such application
21for ballot shall be sent each election with the vote by mail
22ballot to the election authority's central ballot counting
23location to be used in lieu of the original application for

 

 

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1ballot. No registration shall be required in order to vote
2pursuant to this Section.
3    Ballots under this Section shall be mailed by the election
4authority in the manner prescribed by Section 20-5 of this
5Article and not otherwise. Ballots voted under this Section
6must be returned postmarked no later than midnight on preceding
7election day and received for counting at the central ballot
8counting location of the election authority during the period
9for counting provisional ballots, the last day of which is the
1014th day following election day.
11(Source: P.A. 98-1171, eff. 6-1-15.)
 
12    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
13    Sec. 20-2.1. Citizens of the United States temporarily
14residing outside the territorial limits of the United States
15who are not registered but otherwise qualified to vote and who
16expect to be absent from their county of residence during the
17periods of voter registration provided for in Articles 4, 5 or
186 of this Code and on the day of holding any election, may make
19simultaneous application to the election authority having
20jurisdiction over their precinct of residence for registration
21by mail and vote by mail ballot not less than 30 days before
22the election. Such application may be made on the official
23postcard or on a form furnished by the election authority as
24prescribed by Section 20-3 of this Article or by facsimile or
25electronic transmission. A request pursuant to this Section

 

 

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

 

 

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

 

 

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

 

 

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1voted under this Section must be returned postmarked no later
2than midnight on preceding election day and received for
3counting at the central ballot counting location of the
4election authority during the period for counting provisional
5ballots, the last day of which is the 14th day following
6election day.
7(Source: P.A. 98-1171, eff. 6-1-15.)
 
8    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
9    Sec. 20-8. Time and place of counting ballots.
10    (a) (Blank.)
11    (b) Each vote by mail voter's ballot returned to an
12election authority, by any means authorized by this Article,
13and received by that election authority may be processed by the
14election authority beginning on the 15th day before election
15day in the central ballot counting location of the election
16authority, but the results of the processing may not be counted
17until the day of the election after 7:00 p.m., except as
18provided in subsections (g) and (g-5).
19    (c) Each vote by mail voter's ballot that is mailed to an
20election authority and postmarked no later than election day,
21but that is received by the election authority after the polls
22close on election day and before the close of the period for
23counting provisional ballots cast at that election, shall be
24endorsed by the receiving authority with the day and hour of
25receipt and shall be counted at the central ballot counting

 

 

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1location of the election authority during the period for
2counting provisional ballots.
3    Each vote by mail voter's ballot that is mailed to an
4election authority absent a postmark, but that is received by
5the election authority after the polls close on election day
6and before the close of the period for counting provisional
7ballots cast at that election, shall be endorsed by the
8receiving authority with the day and hour of receipt, opened to
9inspect the date inserted on the certification, and, if the
10certification date is a date preceding the election day and the
11ballot is otherwise found to be valid under the requirements of
12this Section, counted at the central ballot counting location
13of the election authority during the period for counting
14provisional ballots. Absent a date on the certification, the
15ballot shall not be counted.
16    (d) Special write-in vote by mail voter's blank ballots
17returned to an election authority, by any means authorized by
18this Article, and received by the election authority at any
19time before the closing of the polls on election day shall be
20endorsed by the receiving election authority with the day and
21hour of receipt and shall be counted at the central ballot
22counting location of the election authority during the same
23period provided for counting vote by mail voters' ballots under
24subsections (b), (g), and (g-5). Special write-in vote by mail
25voter's blank ballot that are mailed to an election authority
26and postmarked by midnight preceding the opening of the polls

 

 

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1on election day, but that are received by the election
2authority after the polls close on election day and before the
3closing of the period for counting provisional ballots cast at
4that election, shall be endorsed by the receiving authority
5with the day and hour of receipt and shall be counted at the
6central ballot counting location of the election authority
7during the same periods provided for counting vote by mail
8voters' ballots under subsection (c).
9    (e) Except as otherwise provided in this Section, vote by
10mail voters' ballots and special write-in vote by mail voter's
11blank ballots received by the election authority after the
12closing of the polls on the day of election shall be endorsed
13by the person receiving the ballots with the day and hour of
14receipt and shall be safely kept unopened by the election
15authority for the period of time required for the preservation
16of ballots used at the election, and shall then, without being
17opened, be destroyed in like manner as the used ballots of that
18election.
19    (f) Counting required under this Section to begin on
20election day after the closing of the polls shall commence no
21later than 8:00 p.m. and shall be conducted by a panel or
22panels of election judges appointed in the manner provided by
23law. The counting shall continue until all vote by mail voters'
24ballots and special write-in vote by mail voter's blank ballots
25required to be counted on election day have been counted.
26    (g) The procedures set forth in Articles 17 and 18 of this

 

 

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1Code shall apply to all ballots counted under this Section. In
2addition, within 2 days after a ballot subject to this Article
3is received, but in all cases before the close of the period
4for counting provisional ballots, the election judge or
5official shall compare the voter's signature on the
6certification envelope of that ballot with the signature of the
7voter on file in the office of the election authority. If the
8election judge or official determines that the 2 signatures
9match, and that the voter is otherwise qualified to cast a
10ballot under this Article, the election authority shall cast
11and count the ballot on election day or the day the ballot is
12determined to be valid, whichever is later, adding the results
13to the precinct in which the voter is registered. If the
14election judge or official determines that the signatures do
15not match, or that the voter is not qualified to cast a ballot
16under this Article, then without opening the certification
17envelope, the judge or official shall mark across the face of
18the certification envelope the word "Rejected" and shall not
19cast or count the ballot.
20    In addition to the voter's signatures not matching, a
21ballot subject to this Article may be rejected by the election
22judge or official:
23        (1) if the ballot envelope is open or has been opened
24    and resealed;
25        (2) if the voter has already cast an early or grace
26    period ballot;

 

 

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1        (3) if the voter voted in person on election day or the
2    voter is not a duly registered voter in the precinct; or
3        (4) on any other basis set forth in this Code.
4    If the election judge or official determines that any of
5these reasons apply, the judge or official shall mark across
6the face of the certification envelope the word "Rejected" and
7shall not cast or count the ballot.
8    (g-5) If a ballot subject to this Article is rejected by
9the election judge or official for any reason, the election
10authority shall, within 2 days after the rejection but in all
11cases before the close of the period for counting provisional
12ballots, notify the voter that his or her ballot was rejected.
13The notice shall inform the voter of the reason or reasons the
14ballot was rejected and shall state that the voter may appear
15before the election authority, on or before the 14th day after
16the election, to show cause as to why the ballot should not be
17rejected. The voter may present evidence to the election
18authority supporting his or her contention that the ballot
19should be counted. The election authority shall appoint a panel
20of 3 election judges to review the contested ballot,
21application, and certification envelope, as well as any
22evidence submitted by the vote by mail voter. No more than 2
23election judges on the reviewing panel shall be of the same
24political party. The reviewing panel of election judges shall
25make a final determination as to the validity of the contested
26ballot. The judges' determination shall not be reviewable

 

 

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1either administratively or judicially.
2    A ballot subject to this subsection that is determined to
3be valid shall be counted before the close of the period for
4counting provisional ballots.
5    (g-10) All ballots determined to be valid shall be added to
6the vote totals for the precincts for which they were cast in
7the order in which the ballots were opened.
8    (h) Each political party, candidate, and qualified civic
9organization shall be entitled to have present one pollwatcher
10for each panel of election judges therein assigned.
11(Source: P.A. 98-1171, eff. 6-1-15.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.