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Illinois House Bill HB3651

Illinois 2023-2024 Regular Session

Illinois House Bill HB3651 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8 Amends the Voting by Mail Article of the Election Code. Provides that it shall be the duty of an election authority to examine the records to ascertain whether or not such applicant is lawfully entitled to vote as requested, including a verification of the applicant's signature by comparison with the signature only on the official registration record card. Provides that within 2 days after a vote by mail ballot is received, the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot only with the signature of the voter on file in the office of the election authority. Provides that the election authority shall not compare the signature with the vote by mail application. LRB103 25280 BMS 51624 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8 Amends the Voting by Mail Article of the Election Code. Provides that it shall be the duty of an election authority to examine the records to ascertain whether or not such applicant is lawfully entitled to vote as requested, including a verification of the applicant's signature by comparison with the signature only on the official registration record card. Provides that within 2 days after a vote by mail ballot is received, the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot only with the signature of the voter on file in the office of the election authority. Provides that the election authority shall not compare the signature with the vote by mail application. LRB103 25280 BMS 51624 b LRB103 25280 BMS 51624 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8
44 10 ILCS 5/19-4 from Ch. 46, par. 19-4
55 10 ILCS 5/19-8 from Ch. 46, par. 19-8
66 Amends the Voting by Mail Article of the Election Code. Provides that it shall be the duty of an election authority to examine the records to ascertain whether or not such applicant is lawfully entitled to vote as requested, including a verification of the applicant's signature by comparison with the signature only on the official registration record card. Provides that within 2 days after a vote by mail ballot is received, the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot only with the signature of the voter on file in the office of the election authority. Provides that the election authority shall not compare the signature with the vote by mail application.
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1212 1 AN ACT concerning elections.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Election Code is amended by changing
1616 5 Sections 19-4 and 19-8 as follows:
1717 6 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
1818 7 Sec. 19-4. Mailing or delivery of ballots; time.
1919 8 Immediately upon the receipt of such application either by
2020 9 mail or electronic means, not more than 90 days nor less than 5
2121 10 days prior to such election, or by personal delivery not more
2222 11 than 90 days nor less than one day prior to such election, at
2323 12 the office of such election authority, it shall be the duty of
2424 13 such election authority to examine the records to ascertain
2525 14 whether or not such applicant is lawfully entitled to vote as
2626 15 requested, including a verification of the applicant's
2727 16 signature by comparison with the signature only on the
2828 17 official registration record card, and if found so to be
2929 18 entitled to vote, to post within one business day thereafter
3030 19 the name, street address, ward and precinct number or township
3131 20 and district number, as the case may be, of such applicant
3232 21 given on a list, the pages of which are to be numbered
3333 22 consecutively to be kept by such election authority for such
3434 23 purpose in a conspicuous, open and public place accessible to
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3939 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-4 from Ch. 46, par. 19-4 10 ILCS 5/19-8 from Ch. 46, par. 19-8
4040 10 ILCS 5/19-4 from Ch. 46, par. 19-4
4141 10 ILCS 5/19-8 from Ch. 46, par. 19-8
4242 Amends the Voting by Mail Article of the Election Code. Provides that it shall be the duty of an election authority to examine the records to ascertain whether or not such applicant is lawfully entitled to vote as requested, including a verification of the applicant's signature by comparison with the signature only on the official registration record card. Provides that within 2 days after a vote by mail ballot is received, the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot only with the signature of the voter on file in the office of the election authority. Provides that the election authority shall not compare the signature with the vote by mail application.
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7171 1 the public at the entrance of the office of such election
7272 2 authority, and in such a manner that such list may be viewed
7373 3 without necessity of requesting permission therefor. Within
7474 4 one day after posting the name and other information of an
7575 5 applicant for a vote by mail ballot, the election authority
7676 6 shall transmit by electronic means pursuant to a process
7777 7 established by the State Board of Elections that name and
7878 8 other posted information to the State Board of Elections,
7979 9 which shall maintain those names and other information in an
8080 10 electronic format on its website, arranged by county and
8181 11 accessible to State and local political committees. Within 2
8282 12 business days after posting a name and other information on
8383 13 the list within its office, but no sooner than 40 days before
8484 14 an election, the election authority shall mail, postage
8585 15 prepaid, or deliver in person in such office, or deliver via
8686 16 electronic transmission pursuant to Section 19-2.6, an
8787 17 official ballot or ballots if more than one are to be voted at
8888 18 said election. Mail delivery of Temporarily Absent Student
8989 19 ballot applications pursuant to Section 19-12.3 shall be by
9090 20 nonforwardable mail. However, for the consolidated election,
9191 21 vote by mail ballots for certain precincts may be delivered to
9292 22 applicants not less than 25 days before the election if so much
9393 23 time is required to have prepared and printed the ballots
9494 24 containing the names of persons nominated for offices at the
9595 25 consolidated primary. The election authority shall enclose
9696 26 with each vote by mail ballot or application written
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107107 1 instructions on how voting assistance shall be provided
108108 2 pursuant to Section 17-14 and a document, written and approved
109109 3 by the State Board of Elections, informing the vote by mail
110110 4 voter of the required postage for returning the application
111111 5 and ballot, and enumerating the circumstances under which a
112112 6 person is authorized to vote by vote by mail ballot pursuant to
113113 7 this Article; such document shall also include a statement
114114 8 informing the applicant that if he or she falsifies or is
115115 9 solicited by another to falsify his or her eligibility to cast
116116 10 a vote by mail ballot, such applicant or other is subject to
117117 11 penalties pursuant to Section 29-10 and Section 29-20 of the
118118 12 Election Code. Each election authority shall maintain a list
119119 13 of the name, street address, ward and precinct, or township
120120 14 and district number, as the case may be, of all applicants who
121121 15 have returned vote by mail ballots to such authority, and the
122122 16 name of such vote by mail voter shall be added to such list
123123 17 within one business day from receipt of such ballot. If the
124124 18 vote by mail ballot envelope indicates that the voter was
125125 19 assisted in casting the ballot, the name of the person so
126126 20 assisting shall be included on the list. The list, the pages of
127127 21 which are to be numbered consecutively, shall be kept by each
128128 22 election authority in a conspicuous, open, and public place
129129 23 accessible to the public at the entrance of the office of the
130130 24 election authority and in a manner that the list may be viewed
131131 25 without necessity of requesting permission for viewing.
132132 26 Each election authority shall maintain a list for each
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143143 1 election of the voters to whom it has issued vote by mail
144144 2 ballots. The list shall be maintained for each precinct within
145145 3 the jurisdiction of the election authority. Prior to the
146146 4 opening of the polls on election day, the election authority
147147 5 shall deliver to the judges of election in each precinct the
148148 6 list of registered voters in that precinct to whom vote by mail
149149 7 ballots have been issued by mail.
150150 8 Each election authority shall maintain a list for each
151151 9 election of voters to whom it has issued temporarily absent
152152 10 student ballots. The list shall be maintained for each
153153 11 election jurisdiction within which such voters temporarily
154154 12 abide. Immediately after the close of the period during which
155155 13 application may be made by mail or electronic means for vote by
156156 14 mail ballots, each election authority shall mail to each other
157157 15 election authority within the State a certified list of all
158158 16 such voters temporarily abiding within the jurisdiction of the
159159 17 other election authority.
160160 18 In the event that the return address of an application for
161161 19 ballot by a physically incapacitated elector is that of a
162162 20 facility licensed or certified under the Nursing Home Care
163163 21 Act, the Specialized Mental Health Rehabilitation Act of 2013,
164164 22 the ID/DD Community Care Act, or the MC/DD Act, within the
165165 23 jurisdiction of the election authority, and the applicant is a
166166 24 registered voter in the precinct in which such facility is
167167 25 located, the ballots shall be prepared and transmitted to a
168168 26 responsible judge of election no later than 9 a.m. on the
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179179 1 Friday, Saturday, Sunday, or Monday immediately preceding the
180180 2 election as designated by the election authority under Section
181181 3 19-12.2. Such judge shall deliver in person on the designated
182182 4 day the ballot to the applicant on the premises of the facility
183183 5 from which application was made. The election authority shall
184184 6 by mail notify the applicant in such facility that the ballot
185185 7 will be delivered by a judge of election on the designated day.
186186 8 All applications for vote by mail ballots shall be
187187 9 available at the office of the election authority for public
188188 10 inspection upon request from the time of receipt thereof by
189189 11 the election authority until 30 days after the election,
190190 12 except during the time such applications are kept in the
191191 13 office of the election authority pursuant to Section 19-7, and
192192 14 except during the time such applications are in the possession
193193 15 of the judges of election.
194194 16 Notwithstanding any provision of this Section to the
195195 17 contrary, pursuant to subsection (a) of Section 30 of the
196196 18 Address Confidentiality for Victims of Domestic Violence,
197197 19 Sexual Assault, Human Trafficking, or Stalking Act, neither
198198 20 the name nor the address of a program participant under that
199199 21 Act shall be included in any list of registered voters
200200 22 available to the public, including the lists referenced in
201201 23 this Section.
202202 24 (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22.)
203203 25 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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214214 1 Sec. 19-8. Time and place of counting ballots.
215215 2 (a) (Blank.)
216216 3 (b) Each vote by mail voter's ballot returned to an
217217 4 election authority, by any means authorized by this Article,
218218 5 and received by that election authority before the closing of
219219 6 the polls on election day shall be endorsed by the receiving
220220 7 election authority with the day and hour of receipt and may be
221221 8 processed by the election authority beginning on the day it is
222222 9 received by the election authority in the central ballot
223223 10 counting location of the election authority, but the results
224224 11 of the processing may not be counted until the day of the
225225 12 election after 7:00 p.m., except as provided in subsections
226226 13 (g) and (g-5).
227227 14 (c) Each vote by mail voter's ballot that is mailed to an
228228 15 election authority and postmarked no later than election day,
229229 16 but that is received by the election authority after the polls
230230 17 close on election day and before the close of the period for
231231 18 counting provisional ballots cast at that election, shall be
232232 19 endorsed by the receiving authority with the day and hour of
233233 20 receipt and shall be counted at the central ballot counting
234234 21 location of the election authority during the period for
235235 22 counting provisional ballots.
236236 23 Each vote by mail voter's ballot that is mailed to an
237237 24 election authority absent a postmark or a barcode usable with
238238 25 an intelligent mail barcode tracking system, but that is
239239 26 received by the election authority after the polls close on
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250250 1 election day and before the close of the period for counting
251251 2 provisional ballots cast at that election, shall be endorsed
252252 3 by the receiving authority with the day and hour of receipt,
253253 4 opened to inspect the date inserted on the certification, and,
254254 5 if the certification date is election day or earlier and the
255255 6 ballot is otherwise found to be valid under the requirements
256256 7 of this Section, counted at the central ballot counting
257257 8 location of the election authority during the period for
258258 9 counting provisional ballots. Absent a date on the
259259 10 certification, the ballot shall not be counted.
260260 11 If an election authority is using an intelligent mail
261261 12 barcode tracking system, a ballot that is mailed to an
262262 13 election authority absent a postmark may be counted if the
263263 14 intelligent mail barcode tracking system verifies the envelope
264264 15 was mailed no later than election day.
265265 16 (d) Special write-in vote by mail voter's blank ballots
266266 17 returned to an election authority, by any means authorized by
267267 18 this Article, and received by the election authority at any
268268 19 time before the closing of the polls on election day shall be
269269 20 endorsed by the receiving election authority with the day and
270270 21 hour of receipt and shall be counted at the central ballot
271271 22 counting location of the election authority during the same
272272 23 period provided for counting vote by mail voters' ballots
273273 24 under subsections (b), (g), and (g-5). Special write-in vote
274274 25 by mail voter's blank ballots that are mailed to an election
275275 26 authority and postmarked no later than election day, but that
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286286 1 are received by the election authority after the polls close
287287 2 on election day and before the closing of the period for
288288 3 counting provisional ballots cast at that election, shall be
289289 4 endorsed by the receiving authority with the day and hour of
290290 5 receipt and shall be counted at the central ballot counting
291291 6 location of the election authority during the same periods
292292 7 provided for counting vote by mail voters' ballots under
293293 8 subsection (c).
294294 9 (e) Except as otherwise provided in this Section, vote by
295295 10 mail voters' ballots and special write-in vote by mail voter's
296296 11 blank ballots received by the election authority after the
297297 12 closing of the polls on an election day shall be endorsed by
298298 13 the election authority receiving them with the day and hour of
299299 14 receipt and shall be safely kept unopened by the election
300300 15 authority for the period of time required for the preservation
301301 16 of ballots used at the election, and shall then, without being
302302 17 opened, be destroyed in like manner as the used ballots of that
303303 18 election.
304304 19 (f) Counting required under this Section to begin on
305305 20 election day after the closing of the polls shall commence no
306306 21 later than 8:00 p.m. and shall be conducted by a panel or
307307 22 panels of election judges appointed in the manner provided by
308308 23 law. The counting shall continue until all vote by mail
309309 24 voters' ballots and special write-in vote by mail voter's
310310 25 blank ballots required to be counted on election day have been
311311 26 counted.
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322322 1 (g) The procedures set forth in Articles 17 and 18 of this
323323 2 Code shall apply to all ballots counted under this Section. In
324324 3 addition, within 2 days after a vote by mail ballot is
325325 4 received, but in all cases before the close of the period for
326326 5 counting provisional ballots, the election judge or official
327327 6 shall compare the voter's signature on the certification
328328 7 envelope of that vote by mail ballot only with the signature of
329329 8 the voter on file in the office of the election authority. The
330330 9 election authority shall not compare the signature with the
331331 10 vote by mail application. If the election judge or official
332332 11 determines that the 2 signatures match, and that the vote by
333333 12 mail voter is otherwise qualified to cast a vote by mail
334334 13 ballot, the election authority shall cast and count the ballot
335335 14 on election day or the day the ballot is determined to be
336336 15 valid, whichever is later, adding the results to the precinct
337337 16 in which the voter is registered. If the election judge or
338338 17 official determines that the signatures do not match, or that
339339 18 the vote by mail voter is not qualified to cast a vote by mail
340340 19 ballot, then without opening the certification envelope, the
341341 20 judge or official shall mark across the face of the
342342 21 certification envelope the word "Rejected" and shall not cast
343343 22 or count the ballot.
344344 23 In addition to the voter's signatures not matching, a vote
345345 24 by mail ballot may be rejected by the election judge or
346346 25 official:
347347 26 (1) if the ballot envelope is open or has been opened
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358358 1 and resealed;
359359 2 (2) if the voter has already cast an early or grace
360360 3 period ballot;
361361 4 (3) if the voter voted in person on election day or the
362362 5 voter is not a duly registered voter in the precinct; or
363363 6 (4) on any other basis set forth in this Code.
364364 7 If the election judge or official determines that any of
365365 8 these reasons apply, the judge or official shall mark across
366366 9 the face of the certification envelope the word "Rejected" and
367367 10 shall not cast or count the ballot.
368368 11 (g-5) If a vote by mail ballot is rejected by the election
369369 12 judge or official for any reason, the election authority
370370 13 shall, within 2 days after the rejection but in all cases
371371 14 before the close of the period for counting provisional
372372 15 ballots, notify the vote by mail voter that his or her ballot
373373 16 was rejected. The notice shall inform the voter of the reason
374374 17 or reasons the ballot was rejected and shall state that the
375375 18 voter may appear before the election authority, on or before
376376 19 the 14th day after the election, to show cause as to why the
377377 20 ballot should not be rejected. The voter may present evidence
378378 21 to the election authority supporting his or her contention
379379 22 that the ballot should be counted. The election authority
380380 23 shall appoint a panel of 3 election judges to review the
381381 24 contested ballot, application, and certification envelope, as
382382 25 well as any evidence submitted by the vote by mail voter. No
383383 26 more than 2 election judges on the reviewing panel shall be of
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394394 1 the same political party. The reviewing panel of election
395395 2 judges shall make a final determination as to the validity of
396396 3 the contested vote by mail ballot. The judges' determination
397397 4 shall not be reviewable either administratively or judicially.
398398 5 A vote by mail ballot subject to this subsection that is
399399 6 determined to be valid shall be counted before the close of the
400400 7 period for counting provisional ballots.
401401 8 (g-10) All vote by mail ballots determined to be valid
402402 9 shall be added to the vote totals for the precincts for which
403403 10 they were cast in the order in which the ballots were opened.
404404 11 (h) Each political party, candidate, and qualified civic
405405 12 organization shall be entitled to have present one pollwatcher
406406 13 for each panel of election judges therein assigned.
407407 14 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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