Full Text of HB2460 102nd General Assembly
HB2460 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2460 Introduced 2/19/2021, by Rep. Deanne M. Mazzochi 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 |
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 19-2 and 19-4 as follows: | 6 | | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | 7 | | Sec. 19-2. Any elector as defined in Section 19-1 may by | 8 | | mail or electronically on the website of the appropriate | 9 | | election authority, not more than 90 nor less than 60 5 days | 10 | | prior to the
date of such election, or by personal delivery not | 11 | | more than 90 nor less
than 60 days one day prior to the date of | 12 | | such election, make application to the
county clerk or to the | 13 | | Board of Election Commissioners for an official
ballot for the | 14 | | voter's precinct to be voted at such election. The URL address | 15 | | at which voters may electronically request a vote by mail | 16 | | ballot shall be fixed no later than 90 calendar days before an | 17 | | election and shall not be changed until after the election.
| 18 | | Such a ballot shall be delivered to the elector only upon | 19 | | separate application by the elector for each election.
| 20 | | (Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; | 21 | | 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15 .)
| 22 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
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| 1 | | Sec. 19-4. Mailing or delivery of ballots; time. | 2 | | Immediately upon
the receipt of such application either by | 3 | | mail or electronic means, not more than 90 days
nor less than | 4 | | 60 5 days prior to such election, or by personal delivery not
| 5 | | more than 90 days nor less than 60 days one day prior to such | 6 | | election, at the
office of such election authority, it shall | 7 | | be the duty of such election
authority to examine the records | 8 | | to ascertain whether or not such
applicant is lawfully | 9 | | entitled to vote as
requested, including a verification of the | 10 | | applicant's signature by comparison with the signature on the | 11 | | official registration record card, and if found so to be | 12 | | entitled to vote, to post within one business day thereafter
| 13 | | the name, street address,
ward and precinct number or township | 14 | | and district number, as the case may be,
of such applicant | 15 | | given on a list, the pages of which are to be numbered
| 16 | | consecutively to be kept by such election authority for such | 17 | | purpose in a
conspicuous, open and public place accessible to | 18 | | the public at the entrance of
the office of such election | 19 | | authority, and in such a manner that such list may
be viewed | 20 | | without necessity of requesting permission therefor. Within | 21 | | one
day after posting the name and other information of an | 22 | | applicant for a vote by mail
ballot, the election authority | 23 | | shall transmit by electronic means pursuant to a process | 24 | | established by the State Board of Elections that name and | 25 | | other
posted information to the State Board of Elections, | 26 | | which shall maintain those
names and other information in an |
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| 1 | | electronic format on its website, arranged by
county and | 2 | | accessible to State and local political committees. Within 2
| 3 | | business days after posting a name and other information on | 4 | | the list within
its
office, but no sooner than 40 days before | 5 | | an election, the election authority shall mail,
postage | 6 | | prepaid, or deliver in person in such office an official | 7 | | ballot
or ballots if more than one are to be voted at said | 8 | | election. Mail delivery
of Temporarily Absent Student ballot | 9 | | applications pursuant to Section
19-12.3 shall be by | 10 | | nonforwardable mail. However,
for the consolidated election, | 11 | | vote by mail ballots for certain precincts may
be delivered to | 12 | | applicants not less than 25 days before the election if
so much | 13 | | time is required to have prepared and printed the ballots | 14 | | containing
the names of persons nominated for offices at the | 15 | | consolidated primary.
The election authority shall enclose | 16 | | with each vote by mail ballot or
application written | 17 | | instructions on how voting assistance shall be provided
| 18 | | pursuant to Section 17-14 and a document, written and approved | 19 | | by the State
Board of Elections, informing the vote by mail | 20 | | voter of the required postage for returning the application | 21 | | and ballot, and
enumerating
the circumstances under which a | 22 | | person is authorized to vote by vote by mail
ballot pursuant to | 23 | | this Article; such document shall also include a
statement | 24 | | informing the applicant that if he or she falsifies or is
| 25 | | solicited by another to falsify his or her
eligibility to cast | 26 | | a vote by mail ballot, such applicant or other is subject
to
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| 1 | | penalties pursuant to Section 29-10 and Section 29-20 of the | 2 | | Election Code.
Each election authority shall maintain a list | 3 | | of the name, street address,
ward and
precinct, or township | 4 | | and district number, as the case may be, of all
applicants who | 5 | | have returned vote by mail ballots to such authority, and the | 6 | | name of such vote by mail voter shall be added to such list
| 7 | | within one business day from receipt of such ballot.
If the | 8 | | vote by mail ballot envelope indicates that the voter was | 9 | | assisted in
casting the ballot, the name of the person so | 10 | | assisting shall be included on
the list. The list, the pages of | 11 | | which are to be numbered consecutively,
shall be kept by each | 12 | | election authority in a conspicuous, open, and public
place | 13 | | accessible to the public at the entrance of the office of the | 14 | | election
authority and in a manner that the list may be viewed | 15 | | without necessity of
requesting permission for viewing.
| 16 | | Each election authority shall maintain a list for each | 17 | | election
of the
voters to whom it has issued vote by mail | 18 | | ballots. The list shall be
maintained for each precinct within | 19 | | the jurisdiction of the election
authority. Prior to the | 20 | | opening of the polls on election day, the
election authority | 21 | | shall deliver to the judges of election in each
precinct the | 22 | | list of registered voters in that precinct to whom vote by mail
| 23 | | ballots have been issued by mail.
| 24 | | Each election authority shall maintain a list for each | 25 | | election of
voters to whom it has issued temporarily absent | 26 | | student ballots. The list
shall be maintained for each |
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| 1 | | election jurisdiction within which such voters
temporarily | 2 | | abide. Immediately after the close of the period during which
| 3 | | application may be made by mail or electronic means for vote by | 4 | | mail ballots, each election
authority shall mail to each other | 5 | | election authority within the State a
certified list of all | 6 | | such voters temporarily abiding within the
jurisdiction of the | 7 | | other election authority.
| 8 | | In the event that the return address of an
application for | 9 | | ballot by a physically incapacitated elector
is that of a | 10 | | facility licensed or certified under the Nursing Home Care
| 11 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, | 12 | | the ID/DD Community Care Act, or the MC/DD Act, within the | 13 | | jurisdiction of the election authority, and the applicant
is a | 14 | | registered voter in the precinct in which such facility is | 15 | | located,
the ballots shall be prepared and transmitted to a | 16 | | responsible judge of
election no later than 9 a.m. on the | 17 | | Friday, Saturday, Sunday, or Monday immediately
preceding the | 18 | | election as designated by the election authority under
Section | 19 | | 19-12.2. Such judge shall deliver in person on the designated | 20 | | day
the ballot to the applicant on the premises of the facility | 21 | | from which
application was made. The election authority shall | 22 | | by mail notify the
applicant in such facility that the ballot | 23 | | will be delivered by a judge of
election on the designated day.
| 24 | | All applications for vote by mail ballots shall be | 25 | | available at the office
of the election authority for public | 26 | | inspection upon request from the
time of receipt thereof by |
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| 1 | | the election authority until 30 days after the
election, | 2 | | except during the time such applications are kept in the
| 3 | | office of the election authority pursuant to Section 19-7, and | 4 | | except during
the time such applications are in the possession | 5 | | of the judges of election.
| 6 | | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | 7 | | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | 8 | | 7-29-15; 99-522, eff. 6-30-16.)
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