Illinois 2025-2026 Regular Session

Illinois House Bill HB2414 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2414 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-9.210 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-6 from Ch. 46, par. 19-610 ILCS 5/19-8 from Ch. 46, par. 19-810 ILCS 5/20-2 from Ch. 46, par. 20-210 ILCS 5/20-2.1 from Ch. 46, par. 20-2.110 ILCS 5/20-2.2 from Ch. 46, par. 20-2.210 ILCS 5/20-2.3 from Ch. 46, par. 20-2.310 ILCS 5/20-3 from Ch. 46, par. 20-310 ILCS 5/20-8 from Ch. 46, par. 20-8 Amends the Election Code. Provides that, on the date of the election, after the closing of polling locations (rather than no later than 48 hours after the closing of polling locations on election day), each election authority (rather than each election authority maintaining a website) shall post the number of ballots that remain uncounted on its website. Provides that all election authorities shall share the same information with the State Board of Elections, on the date of the election, after the closing of polling locations (rather than, no later than 48 hours after the closing of polling locations). Provides that ballots must be received by the election authority before the closing of the polls on election day (rather than returned to the election authority postmarked no later than election day). Removes a provision that allows election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Makes conforming changes. Effective immediately. LRB104 11876 SPS 21967 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2414 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-9.210 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-6 from Ch. 46, par. 19-610 ILCS 5/19-8 from Ch. 46, par. 19-810 ILCS 5/20-2 from Ch. 46, par. 20-210 ILCS 5/20-2.1 from Ch. 46, par. 20-2.110 ILCS 5/20-2.2 from Ch. 46, par. 20-2.210 ILCS 5/20-2.3 from Ch. 46, par. 20-2.310 ILCS 5/20-3 from Ch. 46, par. 20-310 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/1-9.2 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/19-6 from Ch. 46, par. 19-6 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/20-2 from Ch. 46, par. 20-2 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8 Amends the Election Code. Provides that, on the date of the election, after the closing of polling locations (rather than no later than 48 hours after the closing of polling locations on election day), each election authority (rather than each election authority maintaining a website) shall post the number of ballots that remain uncounted on its website. Provides that all election authorities shall share the same information with the State Board of Elections, on the date of the election, after the closing of polling locations (rather than, no later than 48 hours after the closing of polling locations). Provides that ballots must be received by the election authority before the closing of the polls on election day (rather than returned to the election authority postmarked no later than election day). Removes a provision that allows election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Makes conforming changes. Effective immediately. LRB104 11876 SPS 21967 b LRB104 11876 SPS 21967 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2414 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/1-9.210 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-6 from Ch. 46, par. 19-610 ILCS 5/19-8 from Ch. 46, par. 19-810 ILCS 5/20-2 from Ch. 46, par. 20-210 ILCS 5/20-2.1 from Ch. 46, par. 20-2.110 ILCS 5/20-2.2 from Ch. 46, par. 20-2.210 ILCS 5/20-2.3 from Ch. 46, par. 20-2.310 ILCS 5/20-3 from Ch. 46, par. 20-310 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/1-9.2 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/19-6 from Ch. 46, par. 19-6 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/20-2 from Ch. 46, par. 20-2 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8
44 10 ILCS 5/1-9.2
55 10 ILCS 5/19-3 from Ch. 46, par. 19-3
66 10 ILCS 5/19-6 from Ch. 46, par. 19-6
77 10 ILCS 5/19-8 from Ch. 46, par. 19-8
88 10 ILCS 5/20-2 from Ch. 46, par. 20-2
99 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
1010 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
1111 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
1212 10 ILCS 5/20-3 from Ch. 46, par. 20-3
1313 10 ILCS 5/20-8 from Ch. 46, par. 20-8
1414 Amends the Election Code. Provides that, on the date of the election, after the closing of polling locations (rather than no later than 48 hours after the closing of polling locations on election day), each election authority (rather than each election authority maintaining a website) shall post the number of ballots that remain uncounted on its website. Provides that all election authorities shall share the same information with the State Board of Elections, on the date of the election, after the closing of polling locations (rather than, no later than 48 hours after the closing of polling locations). Provides that ballots must be received by the election authority before the closing of the polls on election day (rather than returned to the election authority postmarked no later than election day). Removes a provision that allows election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Makes conforming changes. Effective immediately.
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2020 1 AN ACT concerning elections.
2121 2 Be it enacted by the People of the State of Illinois,
2222 3 represented in the General Assembly:
2323 4 Section 5. The Election Code is amended by changing
2424 5 Section 1-9.2, 19-3, 19-6, 19-8, 20-2, 20-2.1, 20-2.2, 20-2.3,
2525 6 20-3, and 20-8 as follows:
2626 7 (10 ILCS 5/1-9.2)
2727 8 Sec. 1-9.2. Uncounted ballot information on website. On
2828 9 the date of the election, No later than 48 hours after the
2929 10 closing of polling locations on election day, each election
3030 11 authority maintaining a website shall post the number of
3131 12 ballots that remain uncounted on its website. The posting
3232 13 shall separate the number of ballots yet to be counted into the
3333 14 following categories: ballots cast on election day, early
3434 15 voting ballots, provisional ballots, vote by mail ballots
3535 16 received by the election authority but not counted, and vote
3636 17 by mail ballots sent by the election authority but have not
3737 18 been returned to the election authority. This information
3838 19 shall be updated on the website of the election authority each
3939 20 day until the period for counting provisional and vote by mail
4040 21 ballots has ended. All election authorities, regardless of
4141 22 whether they maintain a website, shall share the same
4242 23 information, separated in the same manner, with the State
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4646 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2414 Introduced , by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
4747 10 ILCS 5/1-9.210 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-6 from Ch. 46, par. 19-610 ILCS 5/19-8 from Ch. 46, par. 19-810 ILCS 5/20-2 from Ch. 46, par. 20-210 ILCS 5/20-2.1 from Ch. 46, par. 20-2.110 ILCS 5/20-2.2 from Ch. 46, par. 20-2.210 ILCS 5/20-2.3 from Ch. 46, par. 20-2.310 ILCS 5/20-3 from Ch. 46, par. 20-310 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/1-9.2 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/19-6 from Ch. 46, par. 19-6 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/20-2 from Ch. 46, par. 20-2 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8
4848 10 ILCS 5/1-9.2
4949 10 ILCS 5/19-3 from Ch. 46, par. 19-3
5050 10 ILCS 5/19-6 from Ch. 46, par. 19-6
5151 10 ILCS 5/19-8 from Ch. 46, par. 19-8
5252 10 ILCS 5/20-2 from Ch. 46, par. 20-2
5353 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
5454 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
5555 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
5656 10 ILCS 5/20-3 from Ch. 46, par. 20-3
5757 10 ILCS 5/20-8 from Ch. 46, par. 20-8
5858 Amends the Election Code. Provides that, on the date of the election, after the closing of polling locations (rather than no later than 48 hours after the closing of polling locations on election day), each election authority (rather than each election authority maintaining a website) shall post the number of ballots that remain uncounted on its website. Provides that all election authorities shall share the same information with the State Board of Elections, on the date of the election, after the closing of polling locations (rather than, no later than 48 hours after the closing of polling locations). Provides that ballots must be received by the election authority before the closing of the polls on election day (rather than returned to the election authority postmarked no later than election day). Removes a provision that allows election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Removes a provision that authorizes election authorities to maintain one or more secure collection sites for the postage-free return of vote by mail ballots. Makes conforming changes. Effective immediately.
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6868 10 ILCS 5/19-3 from Ch. 46, par. 19-3
6969 10 ILCS 5/19-6 from Ch. 46, par. 19-6
7070 10 ILCS 5/19-8 from Ch. 46, par. 19-8
7171 10 ILCS 5/20-2 from Ch. 46, par. 20-2
7272 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
7373 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
7474 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
7575 10 ILCS 5/20-3 from Ch. 46, par. 20-3
7676 10 ILCS 5/20-8 from Ch. 46, par. 20-8
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9595 1 Board of Elections, on the date of the election, no later than
9696 2 48 hours after the closing of polling locations, on election
9797 3 day and each business day thereafter until the period for
9898 4 counting provisional and vote by mail ballots has ended.
9999 5 (Source: P.A. 98-1171, eff. 6-1-15.)
100100 6 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
101101 7 Sec. 19-3. Application for a vote by mail ballot.
102102 8 (a) The application for a vote by mail ballot for a single
103103 9 election shall be substantially in the following form:
104104 10 APPLICATION FOR VOTE BY MAIL BALLOT
105105 11 To be voted at the .... election in the County of .... and
106106 12 State of Illinois.
107107 13 I state that I am a resident of .... in the municipality of
108108 14 .... in the county of ....; that I have resided at such address
109109 15 for at least 30 days; that I am lawfully entitled to vote at
110110 16 the .... election to be held on ....; and that I wish to vote
111111 17 by mail.
112112 18 I hereby make application for an official ballot or
113113 19 ballots to be voted by me at such election, and I agree that I
114114 20 shall return such ballot or ballots to the official issuing
115115 21 the same prior to the closing of the polls on the date of the
116116 22 election or, if returned by mail, received by the election
117117 23 authority before the closing of the polls on postmarked no
118118 24 later than election day, for counting no later than during the
119119 25 period for counting provisional ballots, the last day of which
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130130 1 is the 14th day following election day.
131131 2 I understand that this application is made for an official
132132 3 vote by mail ballot or ballots to be voted by me at the
133133 4 election specified in this application and that I must submit
134134 5 a separate application for an official vote by mail ballot or
135135 6 ballots to be voted by me at any subsequent election.
136136 7 Under penalties as provided by law pursuant to Section
137137 8 29-10 of the Election Code, the undersigned certifies that the
138138 9 statements set forth in this application are true and correct.
139139 10 ....
140140 11 *fill in either (1), (2) or (3).
141141 12 Post office address to which ballot is mailed:
142142 13 ...............
143143 14 (a-5) The application for a single vote by mail ballot
144144 15 transmitted electronically pursuant to Section 19-2.6 shall be
145145 16 substantively similar to the application for a vote by mail
146146 17 ballot for a single election and shall include:
147147 18 I swear or affirm that I am a voter with a print
148148 19 disability, and, as a result of this disability, I am
149149 20 making a request to receive a vote by mail ballot
150150 21 electronically so that I may privately and independently
151151 22 mark, verify, and print my vote by mail ballot.
152152 23 (b) The application for permanent vote by mail status
153153 24 shall be substantially in the following form:
154154 25 APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
155155 26 I am currently a registered voter and wish to apply for
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166166 1 permanent vote by mail status.
167167 2 I state that I am a resident of .... in the municipality of
168168 3 .... in the county of ....; that I have resided at such address
169169 4 for at least 30 days; that I am lawfully entitled to vote at
170170 5 the .... election to be held on ....; and that I wish to vote
171171 6 by mail in:
172172 7 ..... all subsequent elections that do not require a party
173173 8 designation.
174174 9 ..... all subsequent elections, and I wish to receive a
175175 10 ................... Party vote by mail ballot in
176176 11 elections that require a party designation.
177177 12 I hereby make application for an official ballot or
178178 13 ballots to be voted by me at such election, and I agree that I
179179 14 shall return such ballot or ballots to the official issuing
180180 15 the same prior to the closing of the polls on the date of the
181181 16 election or, if returned by mail, received by the election
182182 17 authority before the closing of the polls on postmarked no
183183 18 later than election day, for counting no later than during the
184184 19 period for counting provisional ballots, the last day of which
185185 20 is the 14th day following election day.
186186 21 Under penalties as provided by law under Section 29-10 of
187187 22 the Election Code, the undersigned certifies that the
188188 23 statements set forth in this application are true and correct.
189189 24 ....
190190 25 Post office address to which ballot is mailed:
191191 26 ...............
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202202 1 (b-5) The application for permanent vote by mail ballots
203203 2 transmitted electronically pursuant to Section 19-2.6 shall be
204204 3 substantively similar to the application for permanent vote by
205205 4 mail status and shall include:
206206 5 I swear or affirm that I am a voter with a
207207 6 non-temporary print disability, and as a result of this
208208 7 disability, I am making a request to receive vote by mail
209209 8 ballots electronically so that I may privately and
210210 9 independently mark, verify, and print my vote by mail
211211 10 ballots.
212212 11 (c) However, if application is made for a primary election
213213 12 ballot, such application shall require the applicant to
214214 13 designate the name of the political party with which the
215215 14 applicant is affiliated. The election authority shall allow
216216 15 any voter on permanent vote by mail status to change his or her
217217 16 party affiliation for a primary election ballot by a method
218218 17 and deadline published and selected by the election authority.
219219 18 (d) If application is made electronically, the applicant
220220 19 shall mark the box associated with the above described
221221 20 statement included as part of the online application
222222 21 certifying that the statements set forth in the application
223223 22 under subsection (a) or (b) are true and correct, and a
224224 23 signature is not required.
225225 24 (e) Any person may produce, reproduce, distribute, or
226226 25 return to an election authority an application under this
227227 26 Section. If applications are sent to a post office box
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238238 1 controlled by any individual or organization that is not an
239239 2 election authority, those applications shall (i) include a
240240 3 valid and current phone number for the individual or
241241 4 organization controlling the post office box and (ii) be
242242 5 turned over to the appropriate election authority within 7
243243 6 days of receipt or, if received within 2 weeks of the election
244244 7 in which an applicant intends to vote, within 2 days of
245245 8 receipt. Failure to turn over the applications in compliance
246246 9 with this paragraph shall constitute a violation of this Code
247247 10 and shall be punishable as a petty offense with a fine of $100
248248 11 per application. Removing, tampering with, or otherwise
249249 12 knowingly making the postmark on the application unreadable by
250250 13 the election authority shall establish a rebuttable
251251 14 presumption of a violation of this paragraph. Upon receipt,
252252 15 the appropriate election authority shall accept and promptly
253253 16 process any application under this Section submitted in a form
254254 17 substantially similar to that required by this Section,
255255 18 including any substantially similar production or reproduction
256256 19 generated by the applicant.
257257 20 (f) An election authority may combine the applications in
258258 21 subsections (a) and (b) onto one form, but the distinction
259259 22 between the applications must be clear and the form must
260260 23 provide check boxes for an applicant to indicate whether he or
261261 24 she is applying for a single election vote by mail ballot or
262262 25 for permanent vote by mail status.
263263 26 (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22;
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274274 1 103-467, eff. 8-4-23.)
275275 2 (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
276276 3 Sec. 19-6. Such vote by mail voter shall make and
277277 4 subscribe to the certifications provided for in the
278278 5 application and on the return envelope for the ballot, and
279279 6 such ballot or ballots shall be folded by such voter in the
280280 7 manner required to be folded before depositing the same in the
281281 8 ballot box, and be deposited in such envelope and the envelope
282282 9 securely sealed. The voter shall then endorse his certificate
283283 10 upon the back of the envelope and the envelope shall be mailed
284284 11 in person by such voter, postage prepaid, to the election
285285 12 authority issuing the ballot or, if more convenient, it may be
286286 13 delivered in person, by either the voter or by any person
287287 14 authorized by the voter, or by a company licensed as a motor
288288 15 carrier of property by the Illinois Commerce Commission under
289289 16 the Illinois Commercial Transportation Law, which is engaged
290290 17 in the business of making deliveries.
291291 18 Election authorities shall accept any vote by mail ballot
292292 19 returned, including ballots returned with insufficient or no
293293 20 postage. Election authorities may maintain one or more secure
294294 21 collection sites for the postage-free return of vote by mail
295295 22 ballots. Any election authority with collection sites shall
296296 23 collect all ballots returned each day and process them as
297297 24 required by this Code, including noting the day on which the
298298 25 ballot was collected. Ballots returned to such collection
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309309 1 sites after close of business shall be dated as delivered the
310310 2 next day, with the exception of ballots delivered on election
311311 3 day, which shall be dated as received on election day.
312312 4 Election authorities shall permit electors to return vote by
313313 5 mail ballots at any collection site it has established through
314314 6 the close of polls on election day. All collection sites shall
315315 7 be secured by locks that may be opened only by election
316316 8 authority personnel. The State Board of Elections shall
317317 9 establish additional guidelines for the security of collection
318318 10 sites.
319319 11 It shall be unlawful for any person not the voter or a
320320 12 person authorized by the voter to take the ballot and ballot
321321 13 envelope of a voter for deposit into the mail unless the ballot
322322 14 has been issued pursuant to application by a physically
323323 15 incapacitated elector under Section 3-3 or a hospitalized
324324 16 voter under Section 19-13, in which case any employee or
325325 17 person under the direction of the facility in which the
326326 18 elector or voter is located may deposit the ballot and ballot
327327 19 envelope into the mail. If the voter authorized a person to
328328 20 deliver the ballot to the election authority, the voter and
329329 21 the person authorized to deliver the ballot shall complete the
330330 22 authorization printed on the exterior envelope supplied by an
331331 23 election authority for the return of the vote by mail ballot.
332332 24 The exterior of the envelope supplied by an election authority
333333 25 for the return of the vote by mail ballot shall include an
334334 26 authorization in substantially the following form:
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345345 1 I ............ (voter) authorize ............... to take
346346 2 the necessary steps to have this ballot delivered promptly to
347347 3 the office of the election authority.
348348 4 ....................... ........................
349349 5 Date Signature of voter
350350 6 ...............................................
351351 7 Printed Name of Authorized Delivery Agent
352352 8 ...............................................
353353 9 Signature of Authorized Delivery Agency
354354 10 ...............................................
355355 11 Date Delivered to the Election Authority
356356 12 (Source: P.A. 102-1, eff. 4-2-21; 102-668, eff. 11-15-21.)
357357 13 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
358358 14 Sec. 19-8. Time and place of counting ballots.
359359 15 (a) (Blank.)
360360 16 (b) Each vote by mail voter's ballot returned to an
361361 17 election authority, by any means authorized by this Article,
362362 18 and received by that election authority before the closing of
363363 19 the polls on election day shall be endorsed by the receiving
364364 20 election authority with the day and hour of receipt and may be
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375375 1 processed by the election authority beginning on the day it is
376376 2 received by the election authority in the central ballot
377377 3 counting location of the election authority, but the results
378378 4 of the processing may not be counted until the day of the
379379 5 election after 7:00 p.m., except as provided in subsections
380380 6 (g) and (g-5).
381381 7 (c) Each vote by mail voter's ballot that is mailed to an
382382 8 election authority and postmarked no later than election day,
383383 9 but that is received by the election authority after the polls
384384 10 close on election day shall not be counted and before the close
385385 11 of the period for counting provisional ballots cast at that
386386 12 election, shall be endorsed by the receiving authority with
387387 13 the day and hour of receipt and shall be counted at the central
388388 14 ballot counting location of the election authority during the
389389 15 period for counting provisional ballots.
390390 16 Each vote by mail voter's ballot that is mailed to an
391391 17 election authority absent a postmark or a barcode usable with
392392 18 an intelligent mail barcode tracking system, but that is
393393 19 received by the election authority after the polls close on
394394 20 election day and before the close of the period for counting
395395 21 provisional ballots cast at that election, shall be endorsed
396396 22 by the receiving authority with the day and hour of receipt,
397397 23 opened to inspect the date inserted on the certification, and,
398398 24 if the certification date is election day or earlier and the
399399 25 ballot is otherwise found to be valid under the requirements
400400 26 of this Section, counted at the central ballot counting
401401
402402
403403
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406406 HB2414 - 10 - LRB104 11876 SPS 21967 b
407407
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410410 HB2414 - 11 - LRB104 11876 SPS 21967 b
411411 1 location of the election authority during the period for
412412 2 counting provisional ballots. Absent a date on the
413413 3 certification, the ballot shall not be counted.
414414 4 If an election authority is using an intelligent mail
415415 5 barcode tracking system, a ballot that is mailed to an
416416 6 election authority absent a postmark may be counted if the
417417 7 intelligent mail barcode tracking system verifies the envelope
418418 8 was received by the election authority before the closing of
419419 9 the polls on mailed no later than election day.
420420 10 (d) Special write-in vote by mail voter's blank ballots
421421 11 returned to an election authority, by any means authorized by
422422 12 this Article, and received by the election authority at any
423423 13 time before the closing of the polls on election day shall be
424424 14 endorsed by the receiving election authority with the day and
425425 15 hour of receipt and shall be counted at the central ballot
426426 16 counting location of the election authority during the same
427427 17 period provided for counting vote by mail voters' ballots
428428 18 under subsections (b), (g), and (g-5). Special write-in vote
429429 19 by mail voter's blank ballots that are mailed to an election
430430 20 authority and postmarked no later than election day, but that
431431 21 are received by the election authority after the polls close
432432 22 on election day and before the closing of the period for
433433 23 counting provisional ballots cast at that election, shall be
434434 24 endorsed by the receiving authority with the day and hour of
435435 25 receipt and shall be counted at the central ballot counting
436436 26 location of the election authority during the same periods
437437
438438
439439
440440
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442442 HB2414 - 11 - LRB104 11876 SPS 21967 b
443443
444444
445445 HB2414- 12 -LRB104 11876 SPS 21967 b HB2414 - 12 - LRB104 11876 SPS 21967 b
446446 HB2414 - 12 - LRB104 11876 SPS 21967 b
447447 1 provided for counting vote by mail voters' ballots under
448448 2 subsection (c).
449449 3 (e) Except as otherwise provided in this Section, vote by
450450 4 mail voters' ballots and special write-in vote by mail voter's
451451 5 blank ballots received by the election authority after the
452452 6 closing of the polls on an election day shall be endorsed by
453453 7 the election authority receiving them with the day and hour of
454454 8 receipt and shall be safely kept unopened by the election
455455 9 authority for the period of time required for the preservation
456456 10 of ballots used at the election, and shall then, without being
457457 11 opened, be destroyed in like manner as the used ballots of that
458458 12 election.
459459 13 (f) Counting required under this Section to begin on
460460 14 election day after the closing of the polls shall commence no
461461 15 later than 8:00 p.m. and shall be conducted by a panel or
462462 16 panels of election judges appointed in the manner provided by
463463 17 law. The counting shall continue until all vote by mail
464464 18 voters' ballots and special write-in vote by mail voter's
465465 19 blank ballots required to be counted on election day have been
466466 20 counted.
467467 21 (g) The procedures set forth in Articles 17 and 18 of this
468468 22 Code shall apply to all ballots counted under this Section. In
469469 23 addition, within 2 days after a vote by mail ballot is
470470 24 received, but in all cases before the close of the period for
471471 25 counting provisional ballots, the election judge or official
472472 26 shall compare the voter's signature on the certification
473473
474474
475475
476476
477477
478478 HB2414 - 12 - LRB104 11876 SPS 21967 b
479479
480480
481481 HB2414- 13 -LRB104 11876 SPS 21967 b HB2414 - 13 - LRB104 11876 SPS 21967 b
482482 HB2414 - 13 - LRB104 11876 SPS 21967 b
483483 1 envelope of that vote by mail ballot with the voter's
484484 2 signature on the application verified in accordance with
485485 3 Section 19-4 or the signature of the voter on file in the
486486 4 office of the election authority. If the election judge or
487487 5 official determines that the 2 signatures match, and that the
488488 6 vote by mail voter is otherwise qualified to cast a vote by
489489 7 mail ballot, the election authority shall cast and count the
490490 8 ballot on election day or the day the ballot is determined to
491491 9 be valid, whichever is later, adding the results to the
492492 10 precinct in which the voter is registered. If the election
493493 11 judge or official determines that the signatures do not match,
494494 12 or that the vote by mail voter is not qualified to cast a vote
495495 13 by mail ballot, then without opening the certification
496496 14 envelope, the judge or official shall mark across the face of
497497 15 the certification envelope the word "Rejected" and shall not
498498 16 cast or count the ballot.
499499 17 In addition to the voter's signatures not matching, a vote
500500 18 by mail ballot may be rejected by the election judge or
501501 19 official:
502502 20 (1) if the ballot envelope is open or has been opened
503503 21 and resealed;
504504 22 (2) if the voter has already cast an early or grace
505505 23 period ballot;
506506 24 (3) if the voter voted in person on election day or the
507507 25 voter is not a duly registered voter in the precinct; or
508508 26 (4) on any other basis set forth in this Code.
509509
510510
511511
512512
513513
514514 HB2414 - 13 - LRB104 11876 SPS 21967 b
515515
516516
517517 HB2414- 14 -LRB104 11876 SPS 21967 b HB2414 - 14 - LRB104 11876 SPS 21967 b
518518 HB2414 - 14 - LRB104 11876 SPS 21967 b
519519 1 If the election judge or official determines that any of
520520 2 these reasons apply, the judge or official shall mark across
521521 3 the face of the certification envelope the word "Rejected" and
522522 4 shall not cast or count the ballot.
523523 5 (g-5) If a vote by mail ballot is rejected by the election
524524 6 judge or official for any reason, the election authority
525525 7 shall, within 2 days after the rejection but in all cases
526526 8 before the close of the period for counting provisional
527527 9 ballots, notify the vote by mail voter that his or her ballot
528528 10 was rejected. The notice shall inform the voter of the reason
529529 11 or reasons the ballot was rejected and shall state that the
530530 12 voter may appear before the election authority, on or before
531531 13 the 14th day after the election, to show cause as to why the
532532 14 ballot should not be rejected. The voter may present evidence
533533 15 to the election authority supporting his or her contention
534534 16 that the ballot should be counted. The election authority
535535 17 shall appoint a panel of 3 election judges to review the
536536 18 contested ballot, application, and certification envelope, as
537537 19 well as any evidence submitted by the vote by mail voter. No
538538 20 more than 2 election judges on the reviewing panel shall be of
539539 21 the same political party. The reviewing panel of election
540540 22 judges shall make a final determination as to the validity of
541541 23 the contested vote by mail ballot. The judges' determination
542542 24 shall not be reviewable either administratively or judicially.
543543 25 A vote by mail ballot subject to this subsection that is
544544 26 determined to be valid shall be counted before the close of the
545545
546546
547547
548548
549549
550550 HB2414 - 14 - LRB104 11876 SPS 21967 b
551551
552552
553553 HB2414- 15 -LRB104 11876 SPS 21967 b HB2414 - 15 - LRB104 11876 SPS 21967 b
554554 HB2414 - 15 - LRB104 11876 SPS 21967 b
555555 1 period for counting provisional ballots.
556556 2 If a vote by mail ballot is rejected for any reason, the
557557 3 election authority shall, within one day after the rejection,
558558 4 transmit to the State Board of Elections by electronic means
559559 5 the voter's name, street address, email address and precinct,
560560 6 ward, township, and district numbers, as the case may be. If a
561561 7 rejected vote by mail ballot is determined to be valid, the
562562 8 election authority shall, within one day after the
563563 9 determination, remove the name of the voter from the list
564564 10 transmitted to the State Board of Elections. The State Board
565565 11 of Elections shall maintain the names and information in an
566566 12 electronic format on its website accessible to State and local
567567 13 political committees.
568568 14 Upon request by the State or local political committee,
569569 15 each election authority shall, within one day after the
570570 16 request, provide the following information about all rejected
571571 17 vote by mail ballots: voter's name, street address, email
572572 18 address and precinct, ward, township, and district numbers, as
573573 19 the case may be.
574574 20 (g-10) All vote by mail ballots determined to be valid
575575 21 shall be added to the vote totals for the precincts for which
576576 22 they were cast in the order in which the ballots were opened.
577577 23 (h) Each political party, candidate, and qualified civic
578578 24 organization shall be entitled to have present one pollwatcher
579579 25 for each panel of election judges therein assigned.
580580 26 (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.)
581581
582582
583583
584584
585585
586586 HB2414 - 15 - LRB104 11876 SPS 21967 b
587587
588588
589589 HB2414- 16 -LRB104 11876 SPS 21967 b HB2414 - 16 - LRB104 11876 SPS 21967 b
590590 HB2414 - 16 - LRB104 11876 SPS 21967 b
591591 1 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
592592 2 Sec. 20-2. Any member of the United States Service,
593593 3 otherwise qualified to vote, who expects in the course of his
594594 4 duties to be absent from the county in which he resides on the
595595 5 day of holding any election may make application for a vote by
596596 6 mail ballot to the election authority having jurisdiction over
597597 7 his precinct of residence on the official postcard or on a form
598598 8 furnished by the election authority as prescribed by Section
599599 9 20-3 of this Article not less than 10 days before the election.
600600 10 A request pursuant to this Section shall entitle the applicant
601601 11 to a vote by mail ballot for every election in one calendar
602602 12 year. The original application for ballot shall be kept in the
603603 13 office of the election authority for one year as authorization
604604 14 to send a ballot to the voter for each election to be held
605605 15 within that calendar year. A certified copy of such
606606 16 application for ballot shall be sent each election with the
607607 17 vote by mail ballot to the election authority's central ballot
608608 18 counting location to be used in lieu of the original
609609 19 application for ballot. No registration shall be required in
610610 20 order to vote pursuant to this Section.
611611 21 Ballots under this Section shall be mailed by the election
612612 22 authority in the manner prescribed by Section 20-5 of this
613613 23 Article and not otherwise. Ballots voted under this Section
614614 24 must be received by the election authority before the closing
615615 25 of the polls on returned postmarked no later than election day
616616
617617
618618
619619
620620
621621 HB2414 - 16 - LRB104 11876 SPS 21967 b
622622
623623
624624 HB2414- 17 -LRB104 11876 SPS 21967 b HB2414 - 17 - LRB104 11876 SPS 21967 b
625625 HB2414 - 17 - LRB104 11876 SPS 21967 b
626626 1 and received for counting at the central ballot counting
627627 2 location of the election authority during the period for
628628 3 counting provisional ballots, the last day of which is the
629629 4 14th day following election day.
630630 5 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
631631 6 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
632632 7 Sec. 20-2.1. Citizens of the United States temporarily
633633 8 residing outside the territorial limits of the United States
634634 9 who are not registered but otherwise qualified to vote and who
635635 10 expect to be absent from their county of residence during the
636636 11 periods of voter registration provided for in Articles 4, 5 or
637637 12 6 of this Code and on the day of holding any election, may make
638638 13 simultaneous application to the election authority having
639639 14 jurisdiction over their precinct of residence for registration
640640 15 by mail and vote by mail ballot not less than 30 days before
641641 16 the election. Such application may be made on the official
642642 17 postcard or on a form furnished by the election authority as
643643 18 prescribed by Section 20-3 of this Article or by facsimile or
644644 19 electronic transmission. A request pursuant to this Section
645645 20 shall entitle the applicant to a vote by mail ballot for every
646646 21 election in one calendar year. The original application for
647647 22 ballot shall be kept in the office of the election authority
648648 23 for one year as authorization to send a ballot to the voter for
649649 24 each election to be held within that calendar year. A
650650 25 certified copy of such application for ballot shall be sent
651651
652652
653653
654654
655655
656656 HB2414 - 17 - LRB104 11876 SPS 21967 b
657657
658658
659659 HB2414- 18 -LRB104 11876 SPS 21967 b HB2414 - 18 - LRB104 11876 SPS 21967 b
660660 HB2414 - 18 - LRB104 11876 SPS 21967 b
661661 1 each election with the vote by mail ballot to the election
662662 2 authority's central ballot counting location to be used in
663663 3 lieu of the original application for ballot.
664664 4 Registration shall be required in order to vote pursuant
665665 5 to this Section. However, if the election authority receives
666666 6 one of such applications after 30 days but not less than 10
667667 7 days before a Federal election, said applicant shall be sent a
668668 8 ballot containing the Federal offices only and registration
669669 9 for that election shall be waived.
670670 10 Ballots under this Section shall be delivered by the
671671 11 election authority in the manner prescribed by Section 20-5 of
672672 12 this Article in person, by mail, or, if requested by the
673673 13 applicant and the election authority has the capability, by
674674 14 facsimile transmission or by electronic transmission.
675675 15 Ballots voted under this Section must be received by the
676676 16 election authority before the closing of the polls on returned
677677 17 postmarked no later than election day and received for
678678 18 counting at the central ballot counting location of the
679679 19 election authority during the period for counting provisional
680680 20 ballots, the last day of which is the 14th day following
681681 21 election day.
682682 22 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
683683 23 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
684684 24 Sec. 20-2.2. Any non-resident civilian citizen, otherwise
685685 25 qualified to vote, may make application to the election
686686
687687
688688
689689
690690
691691 HB2414 - 18 - LRB104 11876 SPS 21967 b
692692
693693
694694 HB2414- 19 -LRB104 11876 SPS 21967 b HB2414 - 19 - LRB104 11876 SPS 21967 b
695695 HB2414 - 19 - LRB104 11876 SPS 21967 b
696696 1 authority having jurisdiction over his precinct of former
697697 2 residence for a vote by mail ballot containing the Federal
698698 3 offices only not less than 10 days before a Federal election.
699699 4 Such application may be made on the official postcard or by
700700 5 facsimile or electronic transmission. A request pursuant to
701701 6 this Section shall entitle the applicant to a vote by mail
702702 7 ballot for every election in one calendar year at which
703703 8 Federal offices are filled. The original application for
704704 9 ballot shall be kept in the office of the election authority
705705 10 for one year as authorization to send a ballot to the voter for
706706 11 each election to be held within that calendar year at which
707707 12 Federal offices are filled. A certified copy of such
708708 13 application for ballot shall be sent each election with the
709709 14 vote by mail ballot to the election authority's central ballot
710710 15 counting location to be used in lieu of the original
711711 16 application for ballot. No registration shall be required in
712712 17 order to vote pursuant to this Section. Ballots under this
713713 18 Section shall be delivered by the election authority in the
714714 19 manner prescribed by Section 20-5 of this Article in person,
715715 20 by mail, or, if requested by the applicant and the election
716716 21 authority has the capability, by facsimile transmission or by
717717 22 electronic transmission. Ballots voted under this Section must
718718 23 be received by the election authority before the closing of
719719 24 the polls on returned postmarked no later than election day
720720 25 and received for counting at the central ballot counting
721721 26 location of the election authority during the period for
722722
723723
724724
725725
726726
727727 HB2414 - 19 - LRB104 11876 SPS 21967 b
728728
729729
730730 HB2414- 20 -LRB104 11876 SPS 21967 b HB2414 - 20 - LRB104 11876 SPS 21967 b
731731 HB2414 - 20 - LRB104 11876 SPS 21967 b
732732 1 counting provisional ballots, the last day of which is the
733733 2 14th day following election day.
734734 3 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
735735 4 (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
736736 5 Sec. 20-2.3. Members of the Armed Forces and their spouses
737737 6 and dependents. Any member of the United States Armed Forces
738738 7 while on active duty, and his or her spouse and dependents,
739739 8 otherwise qualified to vote, who expects in the course of his
740740 9 or her duties to be absent from the county in which he or she
741741 10 resides on the day of holding any election, in addition to any
742742 11 other method of making application for vote by mail ballot
743743 12 under this Article, may make application for a vote by mail
744744 13 ballot to the election authority having jurisdiction over his
745745 14 or her precinct of residence by a facsimile machine or
746746 15 electronic transmission not less than 10 days before the
747747 16 election.
748748 17 Ballots under this Section shall be delivered by the
749749 18 election authority in the manner prescribed by Section 20-5 of
750750 19 this Article in person, by mail, or, if requested by the
751751 20 applicant and the election authority has the capability, by
752752 21 facsimile transmission or by electronic transmission. Ballots
753753 22 voted under this Section must be returned postmarked no later
754754 23 than election day and received for counting at the central
755755 24 ballot counting location of the election authority no later
756756 25 than during the period for counting provisional ballots, the
757757
758758
759759
760760
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762762 HB2414 - 20 - LRB104 11876 SPS 21967 b
763763
764764
765765 HB2414- 21 -LRB104 11876 SPS 21967 b HB2414 - 21 - LRB104 11876 SPS 21967 b
766766 HB2414 - 21 - LRB104 11876 SPS 21967 b
767767 1 last day of which is the 7th 14th day following election day.
768768 2 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
769769 3 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
770770 4 Sec. 20-3. The election authority shall furnish the
771771 5 following applications for registration by mail or vote by
772772 6 mail ballot which shall be considered a method of application
773773 7 in lieu of the official postcard.
774774 8 1. Members of the United States Service and citizens of
775775 9 the United States temporarily residing outside the territorial
776776 10 limits of the United States may make application within the
777777 11 periods prescribed in Sections 20-2 or 20-2.1, as the case may
778778 12 be. Such application shall be substantially in the following
779779 13 form:
780780 14 "APPLICATION FOR BALLOT
781781 15 To be voted at the ............ election in the precinct
782782 16 in which is located my residence at ..............., in the
783783 17 city/village/township of ............(insert home address)
784784 18 County of ........... and State of Illinois.
785785 19 I state that I am a citizen of the United States; that on
786786 20 (insert date of election) I shall have resided in the State of
787787 21 Illinois and in the election precinct for 30 days; that on the
788788 22 above date I shall be the age of 18 years or above; that I am
789789 23 lawfully entitled to vote in such precinct at that election;
790790 24 that I am (check category 1, 2, or 3 below):
791791 25 1. ( ) a member of the United States Service,
792792
793793
794794
795795
796796
797797 HB2414 - 21 - LRB104 11876 SPS 21967 b
798798
799799
800800 HB2414- 22 -LRB104 11876 SPS 21967 b HB2414 - 22 - LRB104 11876 SPS 21967 b
801801 HB2414 - 22 - LRB104 11876 SPS 21967 b
802802 1 2. ( ) a citizen of the United States temporarily
803803 2 residing outside the territorial limits of the United States
804804 3 and that I expect to be absent from the said county of my
805805 4 residence on the date of holding such election, and that I will
806806 5 have no opportunity to vote in person on that day.
807807 6 I hereby make application for an official ballot or
808808 7 ballots to be voted by me at such election if I am absent from
809809 8 the said county of my residence, and I agree that I shall
810810 9 return said ballot or ballots to the election authority
811811 10 postmarked no later than the closing of the polls on election
812812 11 day, for counting no later than during the period for counting
813813 12 provisional ballots, the last day of which is the 14th day
814814 13 following election day or shall destroy said ballot or
815815 14 ballots.
816816 15 (Check below only if category 2 and not previously
817817 16 registered)
818818 17 ( ) I hereby make application to become registered as a
819819 18 voter and agree to return the forms and affidavits for
820820 19 registration to the election authority not later than 30 days
821821 20 before the election.
822822 21 Under penalties as provided by law pursuant to Article 29
823823 22 of the Election Code, the undersigned certifies that the
824824 23 statements set forth in this application are true and correct.
825825 24 .........................
826826 25 Post office address or service address to which
827827 26 registration materials or ballot should be mailed
828828
829829
830830
831831
832832
833833 HB2414 - 22 - LRB104 11876 SPS 21967 b
834834
835835 .........................
836836
837837
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839839 HB2414 - 23 - LRB104 11876 SPS 21967 b
840840 1 .........................
841841 2 .........................
842842 3 .........................
843843 4 ........................"
844844 5 If application is made for a primary election ballot, such
845845 6 application shall designate the name of the political party
846846 7 with which the applicant is affiliated.
847847 8 Such applications may be obtained from the election
848848 9 authority having jurisdiction over the person's precinct of
849849 10 residence.
850850 11 2. A spouse or dependent of a member of the United States
851851 12 Service, said spouse or dependent being a registered voter in
852852 13 the county, may make application on behalf of said person in
853853 14 the office of the election authority within the periods
854854 15 prescribed in Section 20-2 which shall be substantially in the
855855 16 following form:
856856 17 "APPLICATION FOR BALLOT to be voted at the........... election
857857 18 in the precinct in which is located the residence of the person
858858 19 for whom this application is made at.............(insert
859859 20 residence address) in the city/village/township of.........
860860 21 County of.......... and State of Illinois.
861861 22 I certify that the following named person................
862862 23 (insert name of person) is a member of the United States
863863 24 Service.
864864 25 I state that said person is a citizen of the United States;
865865 26 that on (insert date of election) said person shall have
866866
867867
868868
869869
870870
871871 HB2414 - 23 - LRB104 11876 SPS 21967 b
872872
873873 .........................
874874
875875 .........................
876876
877877 .........................
878878
879879 ........................"
880880
881881
882882 HB2414- 24 -LRB104 11876 SPS 21967 b HB2414 - 24 - LRB104 11876 SPS 21967 b
883883 HB2414 - 24 - LRB104 11876 SPS 21967 b
884884 1 resided in the State of Illinois and in the election precinct
885885 2 for which this application is made for 30 days; that on the
886886 3 above date said person shall be the age of 18 years or above;
887887 4 that said person is lawfully entitled to vote in such precinct
888888 5 at that election; that said person is a member of the United
889889 6 States Service, and that in the course of his duties said
890890 7 person expects to be absent from his county of residence on the
891891 8 date of holding such election, and that said person will have
892892 9 no opportunity to vote in person on that day.
893893 10 I hereby make application for an official ballot or
894894 11 ballots to be voted by said person at such election and said
895895 12 person agrees that he shall return said ballot or ballots to
896896 13 the election authority postmarked no later than the closing of
897897 14 the polls on election day, for counting no later than during
898898 15 the period for counting provisional ballots, the last day of
899899 16 which is the 14th day following election day, or shall destroy
900900 17 said ballot or ballots.
901901 18 I hereby certify that I am the (mother, father, sister,
902902 19 brother, husband or wife) of the said elector, and that I am a
903903 20 registered voter in the election precinct for which this
904904 21 application is made. (Strike all but one that is applicable.)
905905 22 Under penalties as provided by law pursuant to Article 29
906906 23 of The Election Code, the undersigned certifies that the
907907 24 statements set forth in this application are true and correct.
908908 25 Name of applicant ......................
909909 26 Residence address ........................
910910
911911
912912
913913
914914
915915 HB2414 - 24 - LRB104 11876 SPS 21967 b
916916
917917 Name of applicant ......................
918918
919919 Residence address ........................
920920
921921
922922 HB2414- 25 -LRB104 11876 SPS 21967 b HB2414 - 25 - LRB104 11876 SPS 21967 b
923923 HB2414 - 25 - LRB104 11876 SPS 21967 b
924924 1 City/village/township........................
925925 2 Service address to which ballot should be mailed:
926926 3 .........................
927927 4 .........................
928928 5 .........................
929929 6 ........................"
930930 7 If application is made for a primary election ballot, such
931931 8 application shall designate the name of the political party
932932 9 with which the person for whom application is made is
933933 10 affiliated.
934934 11 Such applications may be obtained from the election
935935 12 authority having jurisdiction over the voting precinct in
936936 13 which the person for whom application is made is entitled to
937937 14 vote.
938938 15 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
939939 16 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
940940 17 Sec. 20-8. Time and place of counting ballots.
941941 18 (a) (Blank.)
942942 19 (b) Each vote by mail voter's ballot returned to an
943943 20 election authority, by any means authorized by this Article,
944944 21 and received by that election authority may be processed by
945945 22 the election authority beginning on the day it is received by
946946 23 the election authority in the central ballot counting location
947947 24 of the election authority, but the results of the processing
948948 25 may not be counted until the day of the election after 7:00
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969969 1 p.m., except as provided in subsections (g) and (g-5).
970970 2 (c) Each vote by mail voter's ballot that is mailed to an
971971 3 election authority and postmarked no later than election day,
972972 4 but that is received by the election authority after the polls
973973 5 close on election day shall not be counted and before the close
974974 6 of the period for counting provisional ballots cast at that
975975 7 election, shall be endorsed by the receiving authority with
976976 8 the day and hour of receipt and shall be counted at the central
977977 9 ballot counting location of the election authority during the
978978 10 period for counting provisional ballots.
979979 11 Each vote by mail voter's ballot that is mailed to an
980980 12 election authority absent a postmark or a barcode usable with
981981 13 an intelligent mail barcode tracking system, but that is
982982 14 received by the election authority after the polls close on
983983 15 election day and before the close of the period for counting
984984 16 provisional ballots cast at that election, shall be endorsed
985985 17 by the receiving authority with the day and hour of receipt,
986986 18 opened to inspect the date inserted on the certification, and,
987987 19 if the certification date is election day or earlier and the
988988 20 ballot is otherwise found to be valid under the requirements
989989 21 of this Section, counted at the central ballot counting
990990 22 location of the election authority during the period for
991991 23 counting provisional ballots. Absent a date on the
992992 24 certification, the ballot shall not be counted.
993993 25 If an election authority is using an intelligent mail
994994 26 barcode tracking system, a ballot that is mailed to an
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10051005 1 election authority absent a postmark may be counted if the
10061006 2 intelligent mail barcode tracking system verifies the envelope
10071007 3 was received by the election authority before the closing of
10081008 4 the polls on mailed no later than election day.
10091009 5 (d) Special write-in vote by mail voter's blank ballots
10101010 6 returned to an election authority, by any means authorized by
10111011 7 this Article, and received by the election authority at any
10121012 8 time before the closing of the polls on election day shall be
10131013 9 endorsed by the receiving election authority with the day and
10141014 10 hour of receipt and shall be counted at the central ballot
10151015 11 counting location of the election authority during the same
10161016 12 period provided for counting vote by mail voters' ballots
10171017 13 under subsections (b), (g), and (g-5). Special write-in vote
10181018 14 by mail voter's blank ballot that are mailed to an election
10191019 15 authority and postmarked no later than election day, but that
10201020 16 are received by the election authority after the polls close
10211021 17 on election day and before the closing of the period for
10221022 18 counting provisional ballots cast at that election, shall be
10231023 19 endorsed by the receiving authority with the day and hour of
10241024 20 receipt and shall be counted at the central ballot counting
10251025 21 location of the election authority during the same periods
10261026 22 provided for counting vote by mail voters' ballots under
10271027 23 subsection (c).
10281028 24 (e) Except as otherwise provided in this Section, vote by
10291029 25 mail voters' ballots and special write-in vote by mail voter's
10301030 26 blank ballots received by the election authority after the
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10411041 1 closing of the polls on the day of election shall be endorsed
10421042 2 by the person receiving the ballots with the day and hour of
10431043 3 receipt and shall be safely kept unopened by the election
10441044 4 authority for the period of time required for the preservation
10451045 5 of ballots used at the election, and shall then, without being
10461046 6 opened, be destroyed in like manner as the used ballots of that
10471047 7 election.
10481048 8 (f) Counting required under this Section to begin on
10491049 9 election day after the closing of the polls shall commence no
10501050 10 later than 8:00 p.m. and shall be conducted by a panel or
10511051 11 panels of election judges appointed in the manner provided by
10521052 12 law. The counting shall continue until all vote by mail
10531053 13 voters' ballots and special write-in vote by mail voter's
10541054 14 blank ballots required to be counted on election day have been
10551055 15 counted.
10561056 16 (g) The procedures set forth in Articles 17 and 18 of this
10571057 17 Code shall apply to all ballots counted under this Section. In
10581058 18 addition, within 2 days after a ballot subject to this Article
10591059 19 is received, but in all cases before the close of the period
10601060 20 for counting provisional ballots, the election judge or
10611061 21 official shall compare the voter's signature on the
10621062 22 certification envelope of that ballot with the signature of
10631063 23 the voter on file in the office of the election authority. If
10641064 24 the election judge or official determines that the 2
10651065 25 signatures match, and that the voter is otherwise qualified to
10661066 26 cast a ballot under this Article, the election authority shall
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10771077 1 cast and count the ballot on election day or the day the ballot
10781078 2 is determined to be valid, whichever is later, adding the
10791079 3 results to the precinct in which the voter is registered. If
10801080 4 the election judge or official determines that the signatures
10811081 5 do not match, or that the voter is not qualified to cast a
10821082 6 ballot under this Article, then without opening the
10831083 7 certification envelope, the judge or official shall mark
10841084 8 across the face of the certification envelope the word
10851085 9 "Rejected" and shall not cast or count the ballot.
10861086 10 In addition to the voter's signatures not matching, a
10871087 11 ballot subject to this Article may be rejected by the election
10881088 12 judge or official:
10891089 13 (1) if the ballot envelope is open or has been opened
10901090 14 and resealed;
10911091 15 (2) if the voter has already cast an early or grace
10921092 16 period ballot;
10931093 17 (3) if the voter voted in person on election day or the
10941094 18 voter is not a duly registered voter in the precinct; or
10951095 19 (4) on any other basis set forth in this Code.
10961096 20 If the election judge or official determines that any of
10971097 21 these reasons apply, the judge or official shall mark across
10981098 22 the face of the certification envelope the word "Rejected" and
10991099 23 shall not cast or count the ballot.
11001100 24 (g-5) If a ballot subject to this Article is rejected by
11011101 25 the election judge or official for any reason, the election
11021102 26 authority shall, within 2 days after the rejection but in all
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11131113 1 cases before the close of the period for counting provisional
11141114 2 ballots, notify the voter that his or her ballot was rejected.
11151115 3 The notice shall inform the voter of the reason or reasons the
11161116 4 ballot was rejected and shall state that the voter may appear
11171117 5 before the election authority, on or before the 14th day after
11181118 6 the election, to show cause as to why the ballot should not be
11191119 7 rejected. The voter may present evidence to the election
11201120 8 authority supporting his or her contention that the ballot
11211121 9 should be counted. The election authority shall appoint a
11221122 10 panel of 3 election judges to review the contested ballot,
11231123 11 application, and certification envelope, as well as any
11241124 12 evidence submitted by the vote by mail voter. No more than 2
11251125 13 election judges on the reviewing panel shall be of the same
11261126 14 political party. The reviewing panel of election judges shall
11271127 15 make a final determination as to the validity of the contested
11281128 16 ballot. The judges' determination shall not be reviewable
11291129 17 either administratively or judicially.
11301130 18 A ballot subject to this subsection that is determined to
11311131 19 be valid shall be counted before the close of the period for
11321132 20 counting provisional ballots.
11331133 21 (g-10) All ballots determined to be valid shall be added
11341134 22 to the vote totals for the precincts for which they were cast
11351135 23 in the order in which the ballots were opened.
11361136 24 (h) Each political party, candidate, and qualified civic
11371137 25 organization shall be entitled to have present one pollwatcher
11381138 26 for each panel of election judges therein assigned.
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11491149 1 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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