Illinois 2023-2024 Regular Session

Illinois House Bill HB3656 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3656 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 10 ILCS 5/13-1.2 new10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8 Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson 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. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes. LRB103 05124 AWJ 50138 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3656 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 10 ILCS 5/13-1.2 new10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/13-1.2 new 10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8 Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson 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. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes. LRB103 05124 AWJ 50138 b LRB103 05124 AWJ 50138 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3656 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/13-1.2 new10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/13-1.2 new 10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8
4	4	10 ILCS 5/13-1.2 new
5	5	10 ILCS 5/14-3.3 new
6	6	10 ILCS 5/19-8 from Ch. 46, par. 19-8
7	7	Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson 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. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes.
8	8	LRB103 05124 AWJ 50138 b LRB103 05124 AWJ 50138 b
9	9	LRB103 05124 AWJ 50138 b
10	10	A BILL FOR
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13	13	1 AN ACT concerning elections.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Election Code is amended by changing
17	17	5 Section 19-8 and by adding Sections 13-1.2 and 14-3.3 as
18	18	6 follows:
19	19	7 (10 ILCS 5/13-1.2 new)
20	20	8 Sec. 13-1.2. Vote by mail election judge panel
21	21	9 supplemental list; selection. In addition to the lists
22	22	10 provided for in Sections 13-1, 13-1.1, and 13-2, the chair of
23	23	11 the county central committee of each of the 2 leading
24	24	12 political parties, or each township committeeperson in a
25	25	13 county with a population of more than 3,000,000 of each of the
26	26	14 2 leading political parties, shall submit to the county board
27	27	15 a supplemental list, arranged according to precincts in which
28	28	16 they are to serve, of persons available as judges of election
29	29	17 for vote by mail election judge panels. The names and phone
30	30	18 numbers of all persons listed on the supplemental list shall
31	31	19 be acknowledged in writing to the county chair or township
32	32	20 committeeperson, as the case may be, and submitted to the
33	33	21 county board. The county board shall select from this
34	34	22 supplemental list persons qualified under Section 13-4. If the
35	35	23 list provided for in this Section for any precinct is
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3656 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
40	40	10 ILCS 5/13-1.2 new10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/13-1.2 new 10 ILCS 5/14-3.3 new 10 ILCS 5/19-8 from Ch. 46, par. 19-8
41	41	10 ILCS 5/13-1.2 new
42	42	10 ILCS 5/14-3.3 new
43	43	10 ILCS 5/19-8 from Ch. 46, par. 19-8
44	44	Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson 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. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes.
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47	47	A BILL FOR
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53	53	10 ILCS 5/13-1.2 new
54	54	10 ILCS 5/14-3.3 new
55	55	10 ILCS 5/19-8 from Ch. 46, par. 19-8
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74	74	1 exhausted, then selection shall be made from the supplemental
75	75	2 list submitted under Section 13-1.1. If the supplemental lists
76	76	3 in this Section and Section 13-1.1 are exhausted for any
77	77	4 precinct, then selection shall be made from any of the persons
78	78	5 on the supplemental lists without regard to the precincts in
79	79	6 which they are listed to serve. No selection or appointment
80	80	7 from the supplemental lists shall be made more than 60 days
81	81	8 prior to the date of an election, except as provided in
82	82	9 subsection (g-5) of Section 19-8. In any case where selection
83	83	10 cannot be made from the supplemental lists without violating
84	84	11 Section 13-4, selection shall be made from outside the
85	85	12 supplemental lists of some person qualified under Section
86	86	13 13-4.
87	87	14 The county board shall appoint one or more 3-person vote
88	88	15 by mail election judge panels under this Section, of which no
89	89	16 more than 2 election judges shall be from the same political
90	90	17 party, from the supplemental lists of election judges as
91	91	18 provided in this Section. The county board shall appoint a
92	92	19 sufficient number of vote by mail election judge panels to be
93	93	20 able to examine all vote by mail ballots. A vote by mail
94	94	21 election judge panel's only purpose is to examine vote by mail
95	95	22 ballots and to make final determinations on rejected ballots,
96	96	23 both as provided in Section 19-8.
97	97	24 (10 ILCS 5/14-3.3 new)
98	98	25 Sec. 14-3.3. Vote by mail election judge panel
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109	109	1 supplemental list; selection. In addition to the lists
110	110	2 provided for in Sections 14-3.1 and 14-3.2, the chair of the
111	111	3 county central committees of each of the 2 leading political
112	112	4 parties in a municipality of fewer than 500,000 inhabitants,
113	113	5 or the ward committeepersons of each of the 2 leading
114	114	6 political parties in a municipality of 500,000 or more
115	115	7 inhabitants, shall furnish to the board of election
116	116	8 commissioners a supplemental list, arranged according to
117	117	9 precinct in which they are to serve, of persons available as
118	118	10 judges of election for vote by mail election judge panels. The
119	119	11 names and phone numbers of all persons listed on the
120	120	12 supplemental list shall be acknowledged in writing to the
121	121	13 county chair or ward committeepersons, as the case may be, and
122	122	14 submitted to the board of election commissioners. The board of
123	123	15 election commissioners shall select from this supplemental
124	124	16 list persons qualified under Section 14-1 for vote by mail
125	125	17 election judge panels. If the list provided for in this
126	126	18 Section for any precinct is exhausted, then selection shall be
127	127	19 made from the supplemental list submitted under Section
128	128	20 14-3.2. If the supplemental lists in this Section and Section
129	129	21 14-3.2 are exhausted for any precinct, then selection shall be
130	130	22 made from any of the persons on the supplemental lists without
131	131	23 regard to the precincts in which they are listed to serve. No
132	132	24 selection or appointment from the supplemental lists shall be
133	133	25 made more than 60 days prior to the date of an election, except
134	134	26 as provided in subsection (g-5) of Section 19-8. In any case
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145	145	1 where selection cannot be made from the supplemental lists
146	146	2 without violating Section 14-1, selection shall be made from
147	147	3 outside the supplemental lists of some person qualified under
148	148	4 Section 14-1.
149	149	5 The board of election commissioners shall appoint one or
150	150	6 more 3-person vote by mail election judge panels under this
151	151	7 Section, of which no more than 2 election judges shall be from
152	152	8 the same political party, from the supplemental lists of
153	153	9 election judges as provided in this Section. The board of
154	154	10 election commissioners shall appoint a sufficient number of
155	155	11 vote by mail election judge panels to be able to examine all
156	156	12 vote by mail ballots. A vote by mail election judge panel's
157	157	13 only purpose is to examine vote by mail ballots and to make
158	158	14 final determinations on rejected ballots, both as provided in
159	159	15 Section 19-8.
160	160	16 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
161	161	17 Sec. 19-8. Time and place of counting ballots.
162	162	18 (a) (Blank.)
163	163	19 (b) Each vote by mail voter's ballot returned to an
164	164	20 election authority, by any means authorized by this Article,
165	165	21 and received by that election authority before the closing of
166	166	22 the polls on election day shall be endorsed by the receiving
167	167	23 election authority with the day and hour of receipt and may be
168	168	24 processed by the election authority beginning on the day it is
169	169	25 received by the election authority in the central ballot
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180	180	1 counting location of the election authority, but the results
181	181	2 of the processing may not be counted until the day of the
182	182	3 election after 7:00 p.m., except as provided in subsections
183	183	4 (g) and (g-5).
184	184	5 (c) Each vote by mail voter's ballot that is mailed to an
185	185	6 election authority and postmarked no later than election day,
186	186	7 but that is received by the election authority after the polls
187	187	8 close on election day and before the close of the period for
188	188	9 counting provisional ballots cast at that election, shall be
189	189	10 endorsed by the receiving authority with the day and hour of
190	190	11 receipt and shall be counted at the central ballot counting
191	191	12 location of the election authority during the period for
192	192	13 counting provisional ballots.
193	193	14 Each vote by mail voter's ballot that is mailed to an
194	194	15 election authority absent a postmark or a barcode usable with
195	195	16 an intelligent mail barcode tracking system, but that is
196	196	17 received by the election authority after the polls close on
197	197	18 election day and before the close of the period for counting
198	198	19 provisional ballots cast at that election, shall be endorsed
199	199	20 by the receiving authority with the day and hour of receipt,
200	200	21 opened to inspect the date inserted on the certification, and,
201	201	22 if the certification date is election day or earlier and the
202	202	23 ballot is otherwise found to be valid under the requirements
203	203	24 of this Section, counted at the central ballot counting
204	204	25 location of the election authority during the period for
205	205	26 counting provisional ballots. Absent a date on the
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216	216	1 certification, the ballot shall not be counted.
217	217	2 If an election authority is using an intelligent mail
218	218	3 barcode tracking system, a ballot that is mailed to an
219	219	4 election authority absent a postmark may be counted if the
220	220	5 intelligent mail barcode tracking system verifies the envelope
221	221	6 was mailed no later than election day.
222	222	7 (d) Special write-in vote by mail voter's blank ballots
223	223	8 returned to an election authority, by any means authorized by
224	224	9 this Article, and received by the election authority at any
225	225	10 time before the closing of the polls on election day shall be
226	226	11 endorsed by the receiving election authority with the day and
227	227	12 hour of receipt and shall be counted at the central ballot
228	228	13 counting location of the election authority during the same
229	229	14 period provided for counting vote by mail voters' ballots
230	230	15 under subsections (b), (g), and (g-5). Special write-in vote
231	231	16 by mail voter's blank ballots that are mailed to an election
232	232	17 authority and postmarked no later than election day, but that
233	233	18 are received by the election authority after the polls close
234	234	19 on election day and before the closing of the period for
235	235	20 counting provisional ballots cast at that election, shall be
236	236	21 endorsed by the receiving authority with the day and hour of
237	237	22 receipt and shall be counted at the central ballot counting
238	238	23 location of the election authority during the same periods
239	239	24 provided for counting vote by mail voters' ballots under
240	240	25 subsection (c).
241	241	26 (e) Except as otherwise provided in this Section, vote by
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252	252	1 mail voters' ballots and special write-in vote by mail voter's
253	253	2 blank ballots received by the election authority after the
254	254	3 closing of the polls on an election day shall be endorsed by
255	255	4 the election authority receiving them with the day and hour of
256	256	5 receipt and shall be safely kept unopened by the election
257	257	6 authority for the period of time required for the preservation
258	258	7 of ballots used at the election, and shall then, without being
259	259	8 opened, be destroyed in like manner as the used ballots of that
260	260	9 election.
261	261	10 (f) Counting required under this Section to begin on
262	262	11 election day after the closing of the polls shall commence no
263	263	12 later than 8:00 p.m. and shall be conducted by a panel or
264	264	13 panels of election judges appointed in the manner provided by
265	265	14 law. The counting shall continue until all vote by mail
266	266	15 voters' ballots and special write-in vote by mail voter's
267	267	16 blank ballots required to be counted on election day have been
268	268	17 counted.
269	269	18 (g) The procedures set forth in Articles 17 and 18 of this
270	270	19 Code shall apply to all ballots counted under this Section. In
271	271	20 addition, within 2 days after a vote by mail ballot is
272	272	21 received, but in all cases before the close of the period for
273	273	22 counting provisional ballots, each 3-person election judge
274	274	23 panel appointed under Section 13-1.2 or 14-3.3 the election
275	275	24 judge or official shall compare the voter's signature on the
276	276	25 certification envelope of that vote by mail ballot with the
277	277	26 signature of the voter on file in the office of the election
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288	288	1 authority and determine if the ballot should be rejected or if
289	289	2 the election authority should count the ballot. The signature
290	290	3 shall be presumed to match unless all 3 election judges on the
291	291	4 election judge panel determine that the 2 signatures do not
292	292	5 match. A ballot may be rejected only for the following
293	293	6 reasons: (1) the signature on the certification envelope and
294	294	7 the signature used by the election authority for verification
295	295	8 purposes do not match or the certification envelope contains
296	296	9 no signature; (2) the ballot envelope was delivered opened;
297	297	10 (3) the voter has already cast a ballot; (4) the voter has
298	298	11 already voted in person on election day; (5) the voter is not a
299	299	12 duly registered voter in the precinct. If all 3 election
300	300	13 judges on the election judge panel determine the ballot should
301	301	14 be rejected for any reasons stated in this subsection, the
302	302	15 judges shall mark across the face of the certification
303	303	16 envelope the word "rejected" and the date and names of the
304	304	17 judges voting to reject the ballot. If the election judge
305	305	18 panel or official determines that the 2 signatures match, and
306	306	19 that the vote by mail voter is otherwise qualified to cast a
307	307	20 vote by mail ballot, the election authority shall cast and
308	308	21 count the ballot on election day or the day the ballot is
309	309	22 determined to be valid, whichever is later, adding the results
310	310	23 to the precinct in which the voter is registered. If the
311	311	24 election judge or official determines that the signatures do
312	312	25 not match, or that the vote by mail voter is not qualified to
313	313	26 cast a vote by mail ballot, then without opening the
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324	324	1 certification envelope, the judge or official shall mark
325	325	2 across the face of the certification envelope the word
326	326	3 "Rejected" and shall not cast or count the ballot.
327	327	4 In addition to the voter's signatures not matching, a vote
328	328	5 by mail ballot may be rejected by the election judge or
329	329	6 official:
330	330	7 (1) if the ballot envelope is open or has been opened
331	331	8 and resealed;
332	332	9 (2) if the voter has already cast an early or grace
333	333	10 period ballot;
334	334	11 (3) if the voter voted in person on election day or the
335	335	12 voter is not a duly registered voter in the precinct; or
336	336	13 (4) on any other basis set forth in this Code.
337	337	14 If the election judge or official determines that any of
338	338	15 these reasons apply, the judge or official shall mark across
339	339	16 the face of the certification envelope the word "Rejected" and
340	340	17 shall not cast or count the ballot.
341	341	18 (g-5) If a vote by mail ballot is rejected by the election
342	342	19 judge panel or official for any reason, the election authority
343	343	20 shall, within 2 days after the rejection or within one day, if
344	344	21 the rejection occurs after election day, but in all cases
345	345	22 before the close of the period for counting provisional
346	346	23 ballots, notify the vote by mail voter through mail, email, or
347	347	24 both that his or her ballot was rejected. The notice shall
348	348	25 inform the voter of the reason or reasons the ballot was
349	349	26 rejected and shall state that the voter may appear before the
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360	360	1 election authority, on or before the 14th day after the
361	361	2 election, to show cause as to why the ballot should not be
362	362	3 rejected. The voter may present evidence to the election
363	363	4 authority supporting his or her contention that the ballot
364	364	5 should be counted. If the ballot was rejected based on the
365	365	6 signature or lack of a signature, the voter may submit a
366	366	7 statement that the voter cast the ballot, and, upon receipt,
367	367	8 the rejected ballot is valid and shall be counted before the
368	368	9 close of the period for counting provisional ballots. If the
369	369	10 ballot was rejected because the envelope was delivered opened,
370	370	11 the voter may vote in person or request to receive another vote
371	371	12 by mail ballot if the voter submits an application and casts or
372	372	13 mails the new ballot on or before the 14th day after the
373	373	14 election. The election authority shall select one of the
374	374	15 election judge panels not involved in the decision in
375	375	16 rejecting the vote by mail ballot, or appoint a new election
376	376	17 judge panel under Section 13-1.2 or 14-3.3, to review the
377	377	18 evidence supporting a voter's contention that the ballot
378	378	19 should be counted or if a voter may cast a new ballot under
379	379	20 this Section. Except when a ballot's rejection is based upon
380	380	21 the voter's signature and a voter submits a statement that the
381	381	22 voter cast the ballot, the reviewing election judge panel The
382	382	23 election authority shall appoint a panel of 3 election judges
383	383	24 to review the contested ballot, application, and certification
384	384	25 envelope, as well as any evidence submitted by the vote by mail
385	385	26 voter. No more than 2 election judges on the reviewing panel
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396	396	1 shall be of the same political party. The reviewing panel of
397	397	2 election judges shall make a final determination as to the
398	398	3 validity of the contested vote by mail ballot and if the voter
399	399	4 may vote in person or request to receive another vote by mail
400	400	5 ballot, as applicable. The judges' determination shall not be
401	401	6 reviewable either administratively or judicially.
402	402	7 A vote by mail ballot subject to this subsection that is
403	403	8 determined to be valid shall be counted before the close of the
404	404	9 period for counting provisional ballots.
405	405	10 (g-10) All vote by mail ballots determined to be valid
406	406	11 shall be added to the vote totals for the precincts for which
407	407	12 they were cast in the order in which the ballots were opened.
408	408	13 (h) Each political party, candidate, and qualified civic
409	409	14 organization shall be entitled to have present one pollwatcher
410	410	15 for each panel of election judges therein assigned.
411	411	16 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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