103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3542 Introduced , 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. LRB103 29849 BMS 56258 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3542 Introduced , 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 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. LRB103 29849 BMS 56258 b LRB103 29849 BMS 56258 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3542 Introduced , 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 10 ILCS 5/19-2 from Ch. 46, par. 19-2 10 ILCS 5/19-4 from Ch. 46, par. 19-4 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. LRB103 29849 BMS 56258 b LRB103 29849 BMS 56258 b LRB103 29849 BMS 56258 b A BILL FOR HB3542LRB103 29849 BMS 56258 b HB3542 LRB103 29849 BMS 56258 b HB3542 LRB103 29849 BMS 56258 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 Sections 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 8 elector as defined in Section 19-1 may by mail or 9 electronically on the website of the appropriate election 10 authority, not more than 90 nor less than 60 5 days prior to 11 the date of such election, or by personal delivery not more 12 than 90 nor less than 60 days one day prior to the date of such 13 election, make application to the county clerk or to the Board 14 of Election Commissioners for an official ballot for the 15 voter's precinct to be voted at such election. Such a ballot 16 shall be delivered to the elector only upon separate 17 application by the elector for each election. Voters who make 18 an application for permanent vote by mail ballot status shall 19 follow the procedures specified in Section 19-3 and may apply 20 year round. Voters whose application for permanent vote by 21 mail status is accepted by the election authority shall remain 22 on the permanent vote by mail list until the voter requests to 23 be removed from permanent vote by mail status, the voter 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3542 Introduced , 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 10 ILCS 5/19-2 from Ch. 46, par. 19-2 10 ILCS 5/19-4 from Ch. 46, par. 19-4 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. LRB103 29849 BMS 56258 b LRB103 29849 BMS 56258 b LRB103 29849 BMS 56258 b A BILL FOR 10 ILCS 5/19-2 from Ch. 46, par. 19-2 10 ILCS 5/19-4 from Ch. 46, par. 19-4 LRB103 29849 BMS 56258 b HB3542 LRB103 29849 BMS 56258 b HB3542- 2 -LRB103 29849 BMS 56258 b HB3542 - 2 - LRB103 29849 BMS 56258 b HB3542 - 2 - LRB103 29849 BMS 56258 b 1 provides notice to the election authority of a change in 2 registration that affects their registration status, or the 3 election authority receives confirmation that the voter has 4 subsequently registered to vote in another election authority 5 jurisdiction. The URL address at which voters may 6 electronically request a vote by mail ballot shall be fixed no 7 later than 90 calendar days before an election and shall not be 8 changed until after the election. 9 (Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 10 102-687, 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. 13 Immediately upon the receipt of such application either by 14 mail or electronic means, not more than 90 days nor less than 15 60 5 days prior to such election, or by personal delivery not 16 more than 90 days nor less than 60 days one day prior to such 17 election, at the office of such election authority, it shall 18 be the duty of such election authority to examine the records 19 to ascertain whether or not such applicant is lawfully 20 entitled to vote as requested, including a verification of the 21 applicant's signature by comparison with the signature on the 22 official registration record card, and if found so to be 23 entitled to vote, to post within one business day thereafter 24 the name, street address, ward and precinct number or township 25 and district number, as the case may be, of such applicant HB3542 - 2 - LRB103 29849 BMS 56258 b HB3542- 3 -LRB103 29849 BMS 56258 b HB3542 - 3 - LRB103 29849 BMS 56258 b HB3542 - 3 - LRB103 29849 BMS 56258 b 1 given on a list, the pages of which are to be numbered 2 consecutively to be kept by such election authority for such 3 purpose in a conspicuous, open and public place accessible to 4 the public at the entrance of the office of such election 5 authority, and in such a manner that such list may be viewed 6 without necessity of requesting permission therefor. Within 7 one day after posting the name and other information of an 8 applicant for a vote by mail ballot, the election authority 9 shall transmit by electronic means pursuant to a process 10 established by the State Board of Elections that name and 11 other posted information to the State Board of Elections, 12 which shall maintain those names and other information in an 13 electronic format on its website, arranged by county and 14 accessible to State and local political committees. Within 2 15 business days after posting a name and other information on 16 the list within its office, but no sooner than 40 days before 17 an election, the election authority shall mail, postage 18 prepaid, or deliver in person in such office, or deliver via 19 electronic transmission pursuant to Section 19-2.6, an 20 official ballot or ballots if more than one are to be voted at 21 said election. Mail delivery of Temporarily Absent Student 22 ballot applications pursuant to Section 19-12.3 shall be by 23 nonforwardable mail. However, for the consolidated election, 24 vote by mail ballots for certain precincts may be delivered to 25 applicants not less than 25 days before the election if so much 26 time is required to have prepared and printed the ballots HB3542 - 3 - LRB103 29849 BMS 56258 b HB3542- 4 -LRB103 29849 BMS 56258 b HB3542 - 4 - LRB103 29849 BMS 56258 b HB3542 - 4 - LRB103 29849 BMS 56258 b 1 containing the names of persons nominated for offices at the 2 consolidated primary. The election authority shall enclose 3 with each vote by mail ballot or application written 4 instructions on how voting assistance shall be provided 5 pursuant to Section 17-14 and a document, written and approved 6 by the State Board of Elections, informing the vote by mail 7 voter of the required postage for returning the application 8 and ballot, and enumerating the circumstances under which a 9 person is authorized to vote by vote by mail ballot pursuant to 10 this Article; such document shall also include a statement 11 informing the applicant that if he or she falsifies or is 12 solicited by another to falsify his or her eligibility to cast 13 a vote by mail ballot, such applicant or other is subject to 14 penalties pursuant to Section 29-10 and Section 29-20 of the 15 Election Code. Each election authority shall maintain a list 16 of the name, street address, ward and precinct, or township 17 and district number, as the case may be, of all applicants who 18 have returned vote by mail ballots to such authority, and the 19 name of such vote by mail voter shall be added to such list 20 within one business day from receipt of such ballot. If the 21 vote by mail ballot envelope indicates that the voter was 22 assisted in casting the ballot, the name of the person so 23 assisting shall be included on the list. The list, the pages of 24 which are to be numbered consecutively, shall be kept by each 25 election authority in a conspicuous, open, and public place 26 accessible to the public at the entrance of the office of the HB3542 - 4 - LRB103 29849 BMS 56258 b HB3542- 5 -LRB103 29849 BMS 56258 b HB3542 - 5 - LRB103 29849 BMS 56258 b HB3542 - 5 - LRB103 29849 BMS 56258 b 1 election authority and in a manner that the list may be viewed 2 without necessity of requesting permission for viewing. 3 Each election authority shall maintain a list for each 4 election of the voters to whom it has issued vote by mail 5 ballots. The list shall be maintained for each precinct within 6 the jurisdiction of the election authority. Prior to the 7 opening of the polls on election day, the election authority 8 shall deliver to the judges of election in each precinct the 9 list of registered voters in that precinct to whom vote by mail 10 ballots have been issued by mail. 11 Each election authority shall maintain a list for each 12 election of voters to whom it has issued temporarily absent 13 student ballots. The list shall be maintained for each 14 election jurisdiction within which such voters temporarily 15 abide. Immediately after the close of the period during which 16 application may be made by mail or electronic means for vote by 17 mail ballots, each election authority shall mail to each other 18 election authority within the State a certified list of all 19 such voters temporarily abiding within the jurisdiction of the 20 other election authority. 21 In the event that the return address of an application for 22 ballot by a physically incapacitated elector is that of a 23 facility licensed or certified under the Nursing Home Care 24 Act, the Specialized Mental Health Rehabilitation Act of 2013, 25 the ID/DD Community Care Act, or the MC/DD Act, within the 26 jurisdiction of the election authority, and the applicant is a HB3542 - 5 - LRB103 29849 BMS 56258 b HB3542- 6 -LRB103 29849 BMS 56258 b HB3542 - 6 - LRB103 29849 BMS 56258 b HB3542 - 6 - LRB103 29849 BMS 56258 b 1 registered voter in the precinct in which such facility is 2 located, the ballots shall be prepared and transmitted to a 3 responsible judge of election no later than 9 a.m. on the 4 Friday, Saturday, Sunday, or Monday immediately preceding the 5 election as designated by the election authority under Section 6 19-12.2. Such judge shall deliver in person on the designated 7 day the ballot to the applicant on the premises of the facility 8 from which application was made. The election authority shall 9 by mail notify the applicant in such facility that the ballot 10 will be delivered by a judge of election on the designated day. 11 All applications for vote by mail ballots shall be 12 available at the office of the election authority for public 13 inspection upon request from the time of receipt thereof by 14 the election authority until 30 days after the election, 15 except during the time such applications are kept in the 16 office of the election authority pursuant to Section 19-7, and 17 except during the time such applications are in the possession 18 of the judges of election. 19 Notwithstanding any provision of this Section to the 20 contrary, pursuant to subsection (a) of Section 30 of the 21 Address Confidentiality for Victims of Domestic Violence, 22 Sexual Assault, Human Trafficking, or Stalking Act, neither 23 the name nor the address of a program participant under that 24 Act shall be included in any list of registered voters 25 available to the public, including the lists referenced in 26 this Section. HB3542 - 6 - LRB103 29849 BMS 56258 b HB3542- 7 -LRB103 29849 BMS 56258 b HB3542 - 7 - LRB103 29849 BMS 56258 b HB3542 - 7 - LRB103 29849 BMS 56258 b 1 (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22.) HB3542 - 7 - LRB103 29849 BMS 56258 b