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| Public Act 101-0641 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. If and only if Senate Bill 1863 of the 101st | ||||
General Assembly becomes law in the form in which it passed the | ||||
House of Representatives on May 21, 2020, then the Election | ||||
Code is amended by changing Section 2B-20 as follows: | ||||
(10 ILCS 5/2B-20) | ||||
Sec. 2B-20. Changes for vote by mail official ballot | ||||
mailing and processing. | ||||
(a) Notwithstanding any other provision of law to the | ||||
contrary, an election authority shall mail official ballots to | ||||
any elector requesting an official ballot no earlier than | ||||
September 24, 2020. Except for electors applying under Article | ||||
20, any elector submitting an application for a vote by mail | ||||
ballot on or before October 1, 2020 shall receive a ballot no | ||||
later than October 6, 2020. An election authority shall mail | ||||
official ballots to any elector requesting an official ballot | ||||
after October 1, 2020 no later than 2 business days after | ||||
receipt of the application. | ||||
(b) Notwithstanding any other provision of law to the | ||||
contrary, any vote by mail ballot received by an election | ||||
authority shall be presumed to meet the requirements of | ||||
Articles 17, 18, and 19 and the voter shall be deemed otherwise | ||
qualified to cast a vote by mail ballot unless deemed invalid | ||
as provided in this Section. | ||
(c) Notwithstanding any other provision of law to the | ||
contrary, within 2 days after a vote by mail ballot is | ||
received, but in all cases before the close of the period for | ||
counting provisional ballots, the election authority shall | ||
appoint a panel or panels as needed of 3 election judges, of | ||
which no more than 2 shall be from the same political party, | ||
from the list of election judges submitted by the county | ||
parties for this specific purpose to compare the voter's | ||
signature on the certification envelope of the vote by mail | ||
ballot with the signature of the voter on file in the office of | ||
the election authority. The signature shall be presumed to | ||
match unless 3 out of 3 election judges determine that the 2 | ||
signatures do not match. By a vote of 3 of 3 election judges, a | ||
vote by mail ballot may only be rejected because the signature | ||
on the certification envelope and the signature used by the | ||
election authority for verification purposes do not match or | ||
the certification envelope contains a signature but not in the | ||
proper location. A vote by mail ballot may only be rejected by | ||
a majority vote of the 3 of 3 election judges and only for the | ||
following reasons: (1) the signature on the certification | ||
envelope and the signature used by the election authority for | ||
verification purposes do not match or the certification | ||
envelope contains no signature; (2) the ballot envelope was | ||
delivered opened; (3) the voter has already cast a ballot; (4) | ||
if the voter voted in person on election day; or (5) the voter | ||
is not a duly registered voter in the precinct. If 3 of 3 | ||
election judges determine the ballot should be rejected for any | ||
reasons stated in this subsection (c), the judges shall mark | ||
across the face of the certification envelope the word | ||
"rejected" and the date and names of the judges voting to | ||
reject the ballot. | ||
(d) If a vote by mail ballot is rejected, the election | ||
authority shall notify the voter within 2 days after the | ||
rejection or within one day if the rejection occurs after | ||
election day and in all cases before the close of the period | ||
for counting provisional ballots. The voter shall be notified | ||
through mail or email, or both, and the notice shall inform the | ||
voter of the reason or reasons the ballot was rejected. If the | ||
ballot was rejected based on the signature or lack of a | ||
signature, the voter shall be permitted to submit a statement | ||
the voter cast the ballot, and upon receipt the ballot shall be | ||
determined valid and counted before the close of the period for | ||
counting provisional ballots. If the ballot was rejected | ||
because the envelope was delivered opened, the voter shall be | ||
permitted to vote in person or request to receive another vote | ||
by mail ballot, provided the voter submits an application and | ||
casts a new ballot prior to the close of polls on election day. | ||
(e) Election authorities shall accept any vote by mail | ||
ballot returned, including ballots returned with insufficient | ||
or no postage, and may establish secure collection sites for | ||
the postage-free return of vote by mail ballots. Any election | ||
authority establishing such a collection site pursuant to this | ||
subsection (c) shall collect all ballots submitted each day at | ||
close of business and process them as required by this Code, | ||
including noting the day on which the ballot was submitted. | ||
Ballots submitted to such collection sites after close of | ||
business shall be dated as delivered the next day, with the | ||
exception of ballots delivered on election day, which shall be | ||
dated as received on election day. Election authorities shall | ||
permit electors to return vote by mail ballots on election day | ||
up until the close of the polls. All collection sites shall be | ||
secured by locks that may be opened only by election authority | ||
personnel. The State Board of Elections shall establish | ||
additional guidelines for the security of collection sites. | ||
(f) In accordance with Section 19-7, within one day after | ||
receipt of a vote by mail ballot, the election authority shall | ||
transmit notification of receipt to the State Board of | ||
Elections. If a vote by mail ballot is rejected, the election | ||
authority must notify the State Board of Elections within one | ||
day. Upon request by a state or local political committee, | ||
within 2 days an election authority must electronically provide | ||
the names and addresses of any vote by mail ballots received | ||
and any vote by mail ballots marked rejected.
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(Source: 10100SB1863ham005; 10100SB1863ham006.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law or on the date Senate Bill 1863 of the 101st | ||
General Assembly takes effect, whichever is later.
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