HB3542 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3542

 

Introduced 2/17/2023, by Rep. Amy L. Grant

 

SYNOPSIS AS INTRODUCED:
 
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.


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A BILL FOR

 

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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. Except as otherwise provided in this Code, any
8elector as defined in Section 19-1 may by mail or
9electronically on the website of the appropriate election
10authority, not more than 90 nor less than 60 5 days prior to
11the date of such election, or by personal delivery not more
12than 90 nor less than 60 days one day prior to the date of such
13election, make application to the county clerk or to the Board
14of Election Commissioners for an official ballot for the
15voter's precinct to be voted at such election. Such a ballot
16shall be delivered to the elector only upon separate
17application by the elector for each election. Voters who make
18an application for permanent vote by mail ballot status shall
19follow the procedures specified in Section 19-3 and may apply
20year round. Voters whose application for permanent vote by
21mail status is accepted by the election authority shall remain
22on the permanent vote by mail list until the voter requests to
23be removed from permanent vote by mail status, the voter

 

 

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1provides notice to the election authority of a change in
2registration that affects their registration status, or the
3election authority receives confirmation that the voter has
4subsequently registered to vote in another election authority
5jurisdiction. The URL address at which voters may
6electronically request a vote by mail ballot shall be fixed no
7later than 90 calendar days before an election and shall not be
8changed until after the election.
9(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
10102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)
 
11    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
12    Sec. 19-4. Mailing or delivery of ballots; time.
13Immediately upon the receipt of such application either by
14mail or electronic means, not more than 90 days nor less than
1560 5 days prior to such election, or by personal delivery not
16more than 90 days nor less than 60 days one day prior to such
17election, at the office of such election authority, it shall
18be the duty of such election authority to examine the records
19to ascertain whether or not such applicant is lawfully
20entitled to vote as requested, including a verification of the
21applicant's signature by comparison with the signature on the
22official registration record card, and if found so to be
23entitled to vote, to post within one business day thereafter
24the name, street address, ward and precinct number or township
25and district number, as the case may be, of such applicant

 

 

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1given on a list, the pages of which are to be numbered
2consecutively to be kept by such election authority for such
3purpose in a conspicuous, open and public place accessible to
4the public at the entrance of the office of such election
5authority, and in such a manner that such list may be viewed
6without necessity of requesting permission therefor. Within
7one day after posting the name and other information of an
8applicant for a vote by mail ballot, the election authority
9shall transmit by electronic means pursuant to a process
10established by the State Board of Elections that name and
11other posted information to the State Board of Elections,
12which shall maintain those names and other information in an
13electronic format on its website, arranged by county and
14accessible to State and local political committees. Within 2
15business days after posting a name and other information on
16the list within its office, but no sooner than 40 days before
17an election, the election authority shall mail, postage
18prepaid, or deliver in person in such office, or deliver via
19electronic transmission pursuant to Section 19-2.6, an
20official ballot or ballots if more than one are to be voted at
21said election. Mail delivery of Temporarily Absent Student
22ballot applications pursuant to Section 19-12.3 shall be by
23nonforwardable mail. However, for the consolidated election,
24vote by mail ballots for certain precincts may be delivered to
25applicants not less than 25 days before the election if so much
26time is required to have prepared and printed the ballots

 

 

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1containing the names of persons nominated for offices at the
2consolidated primary. The election authority shall enclose
3with each vote by mail ballot or application written
4instructions on how voting assistance shall be provided
5pursuant to Section 17-14 and a document, written and approved
6by the State Board of Elections, informing the vote by mail
7voter of the required postage for returning the application
8and ballot, and enumerating the circumstances under which a
9person is authorized to vote by vote by mail ballot pursuant to
10this Article; such document shall also include a statement
11informing the applicant that if he or she falsifies or is
12solicited by another to falsify his or her eligibility to cast
13a vote by mail ballot, such applicant or other is subject to
14penalties pursuant to Section 29-10 and Section 29-20 of the
15Election Code. Each election authority shall maintain a list
16of the name, street address, ward and precinct, or township
17and district number, as the case may be, of all applicants who
18have returned vote by mail ballots to such authority, and the
19name of such vote by mail voter shall be added to such list
20within one business day from receipt of such ballot. If the
21vote by mail ballot envelope indicates that the voter was
22assisted in casting the ballot, the name of the person so
23assisting shall be included on the list. The list, the pages of
24which are to be numbered consecutively, shall be kept by each
25election authority in a conspicuous, open, and public place
26accessible to the public at the entrance of the office of the

 

 

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1election authority and in a manner that the list may be viewed
2without necessity of requesting permission for viewing.
3    Each election authority shall maintain a list for each
4election of the voters to whom it has issued vote by mail
5ballots. The list shall be maintained for each precinct within
6the jurisdiction of the election authority. Prior to the
7opening of the polls on election day, the election authority
8shall deliver to the judges of election in each precinct the
9list of registered voters in that precinct to whom vote by mail
10ballots have been issued by mail.
11    Each election authority shall maintain a list for each
12election of voters to whom it has issued temporarily absent
13student ballots. The list shall be maintained for each
14election jurisdiction within which such voters temporarily
15abide. Immediately after the close of the period during which
16application may be made by mail or electronic means for vote by
17mail ballots, each election authority shall mail to each other
18election authority within the State a certified list of all
19such voters temporarily abiding within the jurisdiction of the
20other election authority.
21    In the event that the return address of an application for
22ballot by a physically incapacitated elector is that of a
23facility licensed or certified under the Nursing Home Care
24Act, the Specialized Mental Health Rehabilitation Act of 2013,
25the ID/DD Community Care Act, or the MC/DD Act, within the
26jurisdiction of the election authority, and the applicant is a

 

 

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1registered voter in the precinct in which such facility is
2located, the ballots shall be prepared and transmitted to a
3responsible judge of election no later than 9 a.m. on the
4Friday, Saturday, Sunday, or Monday immediately preceding the
5election as designated by the election authority under Section
619-12.2. Such judge shall deliver in person on the designated
7day the ballot to the applicant on the premises of the facility
8from which application was made. The election authority shall
9by mail notify the applicant in such facility that the ballot
10will be delivered by a judge of election on the designated day.
11    All applications for vote by mail ballots shall be
12available at the office of the election authority for public
13inspection upon request from the time of receipt thereof by
14the election authority until 30 days after the election,
15except during the time such applications are kept in the
16office of the election authority pursuant to Section 19-7, and
17except during the time such applications are in the possession
18of the judges of election.
19    Notwithstanding any provision of this Section to the
20contrary, pursuant to subsection (a) of Section 30 of the
21Address Confidentiality for Victims of Domestic Violence,
22Sexual Assault, Human Trafficking, or Stalking Act, neither
23the name nor the address of a program participant under that
24Act shall be included in any list of registered voters
25available to the public, including the lists referenced in
26this Section.

 

 

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1(Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22.)