103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1139 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-70 new10 ILCS 5/19-3 from Ch. 46, par. 19-3 Amends the Election Code. Provides that the State Board of Elections must develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is mailed to a voter and deposited in the mail or deposited in a ballot box. Provides that the system shall be operational by January 1, 2024. Effective immediately. LRB103 05323 AWJ 50341 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1139 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-70 new10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/1A-70 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 Amends the Election Code. Provides that the State Board of Elections must develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is mailed to a voter and deposited in the mail or deposited in a ballot box. Provides that the system shall be operational by January 1, 2024. Effective immediately. LRB103 05323 AWJ 50341 b LRB103 05323 AWJ 50341 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1139 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-70 new10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/1A-70 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/1A-70 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 Amends the Election Code. Provides that the State Board of Elections must develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is mailed to a voter and deposited in the mail or deposited in a ballot box. Provides that the system shall be operational by January 1, 2024. Effective immediately. LRB103 05323 AWJ 50341 b LRB103 05323 AWJ 50341 b LRB103 05323 AWJ 50341 b A BILL FOR HB1139LRB103 05323 AWJ 50341 b HB1139 LRB103 05323 AWJ 50341 b HB1139 LRB103 05323 AWJ 50341 b 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 Section 19-3 and by adding Section 1A-70 as follows: 6 (10 ILCS 5/1A-70 new) 7 Sec. 1A-70. Ballot tracking system. 8 (a) As used in this Section: 9 "Change in the status" means: 10 (1) when a trackable ballot is mailed to a voter; 11 (2) when an election official receives a voted 12 trackable ballot; and 13 (3) when a voted trackable ballot is counted. 14 "Trackable ballot" means a ballot that is: 15 (1) mailed to a voter in accordance with Article 19; 16 and 17 (2) deposited in the mail by a voter in accordance 18 with Article 19 or deposited in a ballot box by a voter in 19 accordance with Article 15. 20 "Voter registration database" means the statewide database 21 established under Section 1A-45, or any successor statewide 22 voter registration database established by the State Board of 23 Elections, the Secretary of State, or both. 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1139 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 10 ILCS 5/1A-70 new10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/1A-70 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/1A-70 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 Amends the Election Code. Provides that the State Board of Elections must develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is mailed to a voter and deposited in the mail or deposited in a ballot box. Provides that the system shall be operational by January 1, 2024. Effective immediately. LRB103 05323 AWJ 50341 b LRB103 05323 AWJ 50341 b LRB103 05323 AWJ 50341 b A BILL FOR 10 ILCS 5/1A-70 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 LRB103 05323 AWJ 50341 b HB1139 LRB103 05323 AWJ 50341 b HB1139- 2 -LRB103 05323 AWJ 50341 b HB1139 - 2 - LRB103 05323 AWJ 50341 b HB1139 - 2 - LRB103 05323 AWJ 50341 b 1 (b) The State Board of Elections must develop and maintain 2 a statewide or locally-based system to track and confirm when 3 there is a change in the status of a trackable ballot. 4 (c) The ballot tracking system shall be operational on or 5 before January 1, 2024. 6 (d) Beginning January 1, 2024, if a voter elects to 7 receive electronic notifications regarding the status of the 8 voter's trackable ballot, the ballot tracking system shall, 9 when there is a change in the status of the voter's trackable 10 ballot: 11 (1) send a text message notification to the voter if 12 the voter's information in the voter registration database 13 includes a mobile telephone number; 14 (2) send an email notification to the voter if the 15 voter's information in the voter registration database 16 includes an email address; and 17 (3) send a notification by another electronic means 18 allowed by the State Board of Elections. 19 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) 20 Sec. 19-3. Application for a vote by mail ballot. 21 (a) The application for a vote by mail ballot for a single 22 election shall be substantially in the following form: 23 APPLICATION FOR VOTE BY MAIL BALLOT 24 To be voted at the .... election in the County of .... and 25 State of Illinois, in the .... precinct of the (1) *township of HB1139 - 2 - LRB103 05323 AWJ 50341 b HB1139- 3 -LRB103 05323 AWJ 50341 b HB1139 - 3 - LRB103 05323 AWJ 50341 b HB1139 - 3 - LRB103 05323 AWJ 50341 b 1 .... (2) *City of .... or (3) *.... ward in the City of .... 2 I state that I am a resident of the .... precinct of the 3 (1) *township of .... (2) *City of .... or (3) *.... ward in 4 the city of .... residing at .... in such city or town in the 5 county of .... and State of Illinois; that I have lived at such 6 address for .... month(s) last past; that I am lawfully 7 entitled to vote in such precinct at the .... election to be 8 held therein on ....; and that I wish to vote by vote by mail 9 ballot. 10 I hereby make application for an official ballot or 11 ballots to be voted by me at such election, and I agree that I 12 shall return such ballot or ballots to the official issuing 13 the same prior to the closing of the polls on the date of the 14 election or, if returned by mail, postmarked no later than 15 election day, for counting no later than during the period for 16 counting provisional ballots, the last day of which is the 17 14th day following election day. 18 I understand that this application is made for an official 19 vote by mail ballot or ballots to be voted by me at the 20 election specified in this application and that I must submit 21 a separate application for an official vote by mail ballot or 22 ballots to be voted by me at any subsequent election. 23 Under penalties as provided by law pursuant to Section 24 29-10 of the Election Code, the undersigned certifies that the 25 statements set forth in this application are true and correct. 26 .... HB1139 - 3 - LRB103 05323 AWJ 50341 b HB1139- 4 -LRB103 05323 AWJ 50341 b HB1139 - 4 - LRB103 05323 AWJ 50341 b HB1139 - 4 - LRB103 05323 AWJ 50341 b 1 *fill in either (1), (2) or (3). 2 Post office address to which ballot is mailed: 3 ............... 4 (a-5) The application for a single vote by mail ballot 5 transmitted electronically pursuant to Section 19-2.6 shall be 6 substantively similar to the application for a vote by mail 7 ballot for a single election and shall include: 8 I swear or affirm that I am a voter with a print 9 disability, and, as a result of this disability, I am 10 making a request to receive a vote by mail ballot 11 electronically so that I may privately and independently 12 mark, verify, and print my vote by mail ballot. 13 (b) The application for permanent vote by mail status 14 shall be substantially in the following form: 15 APPLICATION FOR PERMANENT VOTE BY MAIL STATUS 16 I am currently a registered voter and wish to apply for 17 permanent vote by mail status. 18 I state that I am a resident of the City of .... residing 19 at .... in such city in the county of .... and State of 20 Illinois; that I have lived at such address for .... month(s) 21 last past; that I am lawfully entitled to vote in such precinct 22 at the .... election to be held therein on ....; and that I 23 wish to vote by vote by mail ballot in: 24 ..... all subsequent elections that do not require a party 25 designation. 26 ..... all subsequent elections, and I wish to receive a HB1139 - 4 - LRB103 05323 AWJ 50341 b HB1139- 5 -LRB103 05323 AWJ 50341 b HB1139 - 5 - LRB103 05323 AWJ 50341 b HB1139 - 5 - LRB103 05323 AWJ 50341 b 1 ................... Party vote by mail ballot in 2 elections that require a party designation. 3 I hereby make application for an official ballot or 4 ballots to be voted by me at such election, and I agree that I 5 shall return such ballot or ballots to the official issuing 6 the same prior to the closing of the polls on the date of the 7 election or, if returned by mail, postmarked no later than 8 election day, for counting no later than during the period for 9 counting provisional ballots, the last day of which is the 10 14th day following election day. 11 Under penalties as provided by law under Section 29-10 of 12 the Election Code, the undersigned certifies that the 13 statements set forth in this application are true and correct. 14 .... 15 Post office address to which ballot is mailed: 16 ............... 17 (b-5) The application for permanent vote by mail ballots 18 transmitted electronically pursuant to Section 19-2.6 shall be 19 substantively similar to the application for permanent vote by 20 mail status and shall include: 21 I swear or affirm that I am a voter with a 22 non-temporary print disability, and as a result of this 23 disability, I am making a request to receive vote by mail 24 ballots electronically so that I may privately and 25 independently mark, verify, and print my vote by mail 26 ballots. HB1139 - 5 - LRB103 05323 AWJ 50341 b HB1139- 6 -LRB103 05323 AWJ 50341 b HB1139 - 6 - LRB103 05323 AWJ 50341 b HB1139 - 6 - LRB103 05323 AWJ 50341 b 1 (c) However, if application is made for a primary election 2 ballot, such application shall require the applicant to 3 designate the name of the political party with which the 4 applicant is affiliated. The election authority shall allow 5 any voter on permanent vote by mail status to change his or her 6 party affiliation for a primary election ballot by a method 7 and deadline published and selected by the election authority. 8 (d) If application is made electronically, the applicant 9 shall mark the box associated with the above described 10 statement included as part of the online application 11 certifying that the statements set forth in the application 12 under subsection (a) or (b) are true and correct, and a 13 signature is not required. 14 (e) Any person may produce, reproduce, distribute, or 15 return to an election authority an application under this 16 Section. If applications are sent to a post office box 17 controlled by any individual or organization that is not an 18 election authority, those applications shall (i) include a 19 valid and current phone number for the individual or 20 organization controlling the post office box and (ii) be 21 turned over to the appropriate election authority within 7 22 days of receipt or, if received within 2 weeks of the election 23 in which an applicant intends to vote, within 2 days of 24 receipt. Failure to turn over the applications in compliance 25 with this paragraph shall constitute a violation of this Code 26 and shall be punishable as a petty offense with a fine of $100 HB1139 - 6 - LRB103 05323 AWJ 50341 b HB1139- 7 -LRB103 05323 AWJ 50341 b HB1139 - 7 - LRB103 05323 AWJ 50341 b HB1139 - 7 - LRB103 05323 AWJ 50341 b 1 per application. Removing, tampering with, or otherwise 2 knowingly making the postmark on the application unreadable by 3 the election authority shall establish a rebuttable 4 presumption of a violation of this paragraph. Upon receipt, 5 the appropriate election authority shall accept and promptly 6 process any application under this Section submitted in a form 7 substantially similar to that required by this Section, 8 including any substantially similar production or reproduction 9 generated by the applicant. 10 (f) An election authority may combine the applications in 11 subsections (a) and (b) onto one form, but the distinction 12 between the applications must be clear and the form must 13 provide check boxes for an applicant to indicate whether he or 14 she is applying for a single election vote by mail ballot or 15 for permanent vote by mail status. 16 (g) Beginning January 1, 2024, the applications under 17 subsections (a) and (b), or an application under subsection 18 (f), shall also include the following provision: 19 "If you have provided a mobile phone number or email 20 address, you can receive notifications by text message or 21 email regarding the status of a ballot that is mailed to you 22 and that you deposit in the mail or in a ballot drop box by 23 indicating the mobile phone number or email address here: 24 (insert mobile phone number/email address). By providing your 25 mobile phone number or email address, you are giving consent 26 to receive text messages or emails concerning your ballot HB1139 - 7 - LRB103 05323 AWJ 50341 b HB1139- 8 -LRB103 05323 AWJ 50341 b HB1139 - 8 - LRB103 05323 AWJ 50341 b HB1139 - 8 - LRB103 05323 AWJ 50341 b 1 status." 2 If the applicant provides a mobile phone number or email 3 address on his or her application, the election authority must 4 transmit that information to the State Board of Elections for 5 inclusion in the statewide voter registration database. 6 (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.) 7 Section 99. Effective date. This Act takes effect 8 immediately. HB1139 - 8 - LRB103 05323 AWJ 50341 b