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
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
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.
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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 19-4 and 19-8 as follows:
6 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
7 Sec. 19-4. Mailing or delivery of ballots; time.
8 Immediately upon the receipt of such application either by
9 mail or electronic means, not more than 90 days nor less than 5
10 days prior to such election, or by personal delivery not more
11 than 90 days nor less than one day prior to such election, at
12 the office of such election authority, it shall be the duty of
13 such election authority to examine the records to ascertain
14 whether or not such applicant is lawfully entitled to vote as
15 requested, including a verification of the applicant's
16 signature by comparison with the signature only on the
17 official registration record card, and if found so to be
18 entitled to vote, to post within one business day thereafter
19 the name, street address, ward and precinct number or township
20 and district number, as the case may be, of such applicant
21 given on a list, the pages of which are to be numbered
22 consecutively to be kept by such election authority for such
23 purpose in a conspicuous, open and public place accessible to
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
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.
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A BILL FOR
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-8 from Ch. 46, par. 19-8
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1 the public at the entrance of the office of such election
2 authority, and in such a manner that such list may be viewed
3 without necessity of requesting permission therefor. Within
4 one day after posting the name and other information of an
5 applicant for a vote by mail ballot, the election authority
6 shall transmit by electronic means pursuant to a process
7 established by the State Board of Elections that name and
8 other posted information to the State Board of Elections,
9 which shall maintain those names and other information in an
10 electronic format on its website, arranged by county and
11 accessible to State and local political committees. Within 2
12 business days after posting a name and other information on
13 the list within its office, but no sooner than 40 days before
14 an election, the election authority shall mail, postage
15 prepaid, or deliver in person in such office, or deliver via
16 electronic transmission pursuant to Section 19-2.6, an
17 official ballot or ballots if more than one are to be voted at
18 said election. Mail delivery of Temporarily Absent Student
19 ballot applications pursuant to Section 19-12.3 shall be by
20 nonforwardable mail. However, for the consolidated election,
21 vote by mail ballots for certain precincts may be delivered to
22 applicants not less than 25 days before the election if so much
23 time is required to have prepared and printed the ballots
24 containing the names of persons nominated for offices at the
25 consolidated primary. The election authority shall enclose
26 with each vote by mail ballot or application written
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1 instructions on how voting assistance shall be provided
2 pursuant to Section 17-14 and a document, written and approved
3 by the State Board of Elections, informing the vote by mail
4 voter of the required postage for returning the application
5 and ballot, and enumerating the circumstances under which a
6 person is authorized to vote by vote by mail ballot pursuant to
7 this Article; such document shall also include a statement
8 informing the applicant that if he or she falsifies or is
9 solicited by another to falsify his or her eligibility to cast
10 a vote by mail ballot, such applicant or other is subject to
11 penalties pursuant to Section 29-10 and Section 29-20 of the
12 Election Code. Each election authority shall maintain a list
13 of the name, street address, ward and precinct, or township
14 and district number, as the case may be, of all applicants who
15 have returned vote by mail ballots to such authority, and the
16 name of such vote by mail voter shall be added to such list
17 within one business day from receipt of such ballot. If the
18 vote by mail ballot envelope indicates that the voter was
19 assisted in casting the ballot, the name of the person so
20 assisting shall be included on the list. The list, the pages of
21 which are to be numbered consecutively, shall be kept by each
22 election authority in a conspicuous, open, and public place
23 accessible to the public at the entrance of the office of the
24 election authority and in a manner that the list may be viewed
25 without necessity of requesting permission for viewing.
26 Each election authority shall maintain a list for each
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1 election of the voters to whom it has issued vote by mail
2 ballots. The list shall be maintained for each precinct within
3 the jurisdiction of the election authority. Prior to the
4 opening of the polls on election day, the election authority
5 shall deliver to the judges of election in each precinct the
6 list of registered voters in that precinct to whom vote by mail
7 ballots have been issued by mail.
8 Each election authority shall maintain a list for each
9 election of voters to whom it has issued temporarily absent
10 student ballots. The list shall be maintained for each
11 election jurisdiction within which such voters temporarily
12 abide. Immediately after the close of the period during which
13 application may be made by mail or electronic means for vote by
14 mail ballots, each election authority shall mail to each other
15 election authority within the State a certified list of all
16 such voters temporarily abiding within the jurisdiction of the
17 other election authority.
18 In the event that the return address of an application for
19 ballot by a physically incapacitated elector is that of a
20 facility licensed or certified under the Nursing Home Care
21 Act, the Specialized Mental Health Rehabilitation Act of 2013,
22 the ID/DD Community Care Act, or the MC/DD Act, within the
23 jurisdiction of the election authority, and the applicant is a
24 registered voter in the precinct in which such facility is
25 located, the ballots shall be prepared and transmitted to a
26 responsible judge of election no later than 9 a.m. on the
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1 Friday, Saturday, Sunday, or Monday immediately preceding the
2 election as designated by the election authority under Section
3 19-12.2. Such judge shall deliver in person on the designated
4 day the ballot to the applicant on the premises of the facility
5 from which application was made. The election authority shall
6 by mail notify the applicant in such facility that the ballot
7 will be delivered by a judge of election on the designated day.
8 All applications for vote by mail ballots shall be
9 available at the office of the election authority for public
10 inspection upon request from the time of receipt thereof by
11 the election authority until 30 days after the election,
12 except during the time such applications are kept in the
13 office of the election authority pursuant to Section 19-7, and
14 except during the time such applications are in the possession
15 of the judges of election.
16 Notwithstanding any provision of this Section to the
17 contrary, pursuant to subsection (a) of Section 30 of the
18 Address Confidentiality for Victims of Domestic Violence,
19 Sexual Assault, Human Trafficking, or Stalking Act, neither
20 the name nor the address of a program participant under that
21 Act shall be included in any list of registered voters
22 available to the public, including the lists referenced in
23 this Section.
24 (Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22.)
25 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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1 Sec. 19-8. Time and place of counting ballots.
2 (a) (Blank.)
3 (b) Each vote by mail voter's ballot returned to an
4 election authority, by any means authorized by this Article,
5 and received by that election authority before the closing of
6 the polls on election day shall be endorsed by the receiving
7 election authority with the day and hour of receipt and may be
8 processed by the election authority beginning on the day it is
9 received by the election authority in the central ballot
10 counting location of the election authority, but the results
11 of the processing may not be counted until the day of the
12 election after 7:00 p.m., except as provided in subsections
13 (g) and (g-5).
14 (c) Each vote by mail voter's ballot that is mailed to an
15 election authority and postmarked no later than election day,
16 but that is received by the election authority after the polls
17 close on election day and before the close of the period for
18 counting provisional ballots cast at that election, shall be
19 endorsed by the receiving authority with the day and hour of
20 receipt and shall be counted at the central ballot counting
21 location of the election authority during the period for
22 counting provisional ballots.
23 Each vote by mail voter's ballot that is mailed to an
24 election authority absent a postmark or a barcode usable with
25 an intelligent mail barcode tracking system, but that is
26 received by the election authority after the polls close on
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1 election day and before the close of the period for counting
2 provisional ballots cast at that election, shall be endorsed
3 by the receiving authority with the day and hour of receipt,
4 opened to inspect the date inserted on the certification, and,
5 if the certification date is election day or earlier and the
6 ballot is otherwise found to be valid under the requirements
7 of this Section, counted at the central ballot counting
8 location of the election authority during the period for
9 counting provisional ballots. Absent a date on the
10 certification, the ballot shall not be counted.
11 If an election authority is using an intelligent mail
12 barcode tracking system, a ballot that is mailed to an
13 election authority absent a postmark may be counted if the
14 intelligent mail barcode tracking system verifies the envelope
15 was mailed no later than election day.
16 (d) Special write-in vote by mail voter's blank ballots
17 returned to an election authority, by any means authorized by
18 this Article, and received by the election authority at any
19 time before the closing of the polls on election day shall be
20 endorsed by the receiving election authority with the day and
21 hour of receipt and shall be counted at the central ballot
22 counting location of the election authority during the same
23 period provided for counting vote by mail voters' ballots
24 under subsections (b), (g), and (g-5). Special write-in vote
25 by mail voter's blank ballots that are mailed to an election
26 authority and postmarked no later than election day, but that
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1 are received by the election authority after the polls close
2 on election day and before the closing of the period for
3 counting provisional ballots cast at that election, shall be
4 endorsed by the receiving authority with the day and hour of
5 receipt and shall be counted at the central ballot counting
6 location of the election authority during the same periods
7 provided for counting vote by mail voters' ballots under
8 subsection (c).
9 (e) Except as otherwise provided in this Section, vote by
10 mail voters' ballots and special write-in vote by mail voter's
11 blank ballots received by the election authority after the
12 closing of the polls on an election day shall be endorsed by
13 the election authority receiving them with the day and hour of
14 receipt and shall be safely kept unopened by the election
15 authority for the period of time required for the preservation
16 of ballots used at the election, and shall then, without being
17 opened, be destroyed in like manner as the used ballots of that
18 election.
19 (f) Counting required under this Section to begin on
20 election day after the closing of the polls shall commence no
21 later than 8:00 p.m. and shall be conducted by a panel or
22 panels of election judges appointed in the manner provided by
23 law. The counting shall continue until all vote by mail
24 voters' ballots and special write-in vote by mail voter's
25 blank ballots required to be counted on election day have been
26 counted.
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1 (g) The procedures set forth in Articles 17 and 18 of this
2 Code shall apply to all ballots counted under this Section. In
3 addition, within 2 days after a vote by mail ballot is
4 received, but in all cases before the close of the period for
5 counting provisional ballots, the election judge or official
6 shall compare the voter's signature on the certification
7 envelope of that vote by mail ballot only with the signature of
8 the voter on file in the office of the election authority. The
9 election authority shall not compare the signature with the
10 vote by mail application. If the election judge or official
11 determines that the 2 signatures match, and that the vote by
12 mail voter is otherwise qualified to cast a vote by mail
13 ballot, the election authority shall cast and count the ballot
14 on election day or the day the ballot is determined to be
15 valid, whichever is later, adding the results to the precinct
16 in which the voter is registered. If the election judge or
17 official determines that the signatures do not match, or that
18 the vote by mail voter is not qualified to cast a vote by mail
19 ballot, then without opening the certification envelope, the
20 judge or official shall mark across the face of the
21 certification envelope the word "Rejected" and shall not cast
22 or count the ballot.
23 In addition to the voter's signatures not matching, a vote
24 by mail ballot may be rejected by the election judge or
25 official:
26 (1) if the ballot envelope is open or has been opened
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1 and resealed;
2 (2) if the voter has already cast an early or grace
3 period ballot;
4 (3) if the voter voted in person on election day or the
5 voter is not a duly registered voter in the precinct; or
6 (4) on any other basis set forth in this Code.
7 If the election judge or official determines that any of
8 these reasons apply, the judge or official shall mark across
9 the face of the certification envelope the word "Rejected" and
10 shall not cast or count the ballot.
11 (g-5) If a vote by mail ballot is rejected by the election
12 judge or official for any reason, the election authority
13 shall, within 2 days after the rejection but in all cases
14 before the close of the period for counting provisional
15 ballots, notify the vote by mail voter that his or her ballot
16 was rejected. The notice shall inform the voter of the reason
17 or reasons the ballot was rejected and shall state that the
18 voter may appear before the election authority, on or before
19 the 14th day after the election, to show cause as to why the
20 ballot should not be rejected. The voter may present evidence
21 to the election authority supporting his or her contention
22 that the ballot should be counted. The election authority
23 shall appoint a panel of 3 election judges to review the
24 contested ballot, application, and certification envelope, as
25 well as any evidence submitted by the vote by mail voter. No
26 more than 2 election judges on the reviewing panel shall be of
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1 the same political party. The reviewing panel of election
2 judges shall make a final determination as to the validity of
3 the contested vote by mail ballot. The judges' determination
4 shall not be reviewable either administratively or judicially.
5 A vote by mail ballot subject to this subsection that is
6 determined to be valid shall be counted before the close of the
7 period for counting provisional ballots.
8 (g-10) All vote by mail ballots determined to be valid
9 shall be added to the vote totals for the precincts for which
10 they were cast in the order in which the ballots were opened.
11 (h) Each political party, candidate, and qualified civic
12 organization shall be entitled to have present one pollwatcher
13 for each panel of election judges therein assigned.
14 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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