Illinois 2025-2026 Regular Session

Illinois House Bill HB2803 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2803 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 10 ILCS 5/19-3 from Ch. 46, par. 19-310 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. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8 Amends the Election Code. 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). Makes conforming changes. Effective immediately. LRB104 11877 SPS 21968 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2803 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 10 ILCS 5/19-3 from Ch. 46, par. 19-310 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. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/19-3 from Ch. 46, par. 19-3 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 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). Makes conforming changes. Effective immediately. LRB104 11877 SPS 21968 b LRB104 11877 SPS 21968 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2803 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
33 10 ILCS 5/19-3 from Ch. 46, par. 19-310 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. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/19-3 from Ch. 46, par. 19-3 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 5/19-3 from Ch. 46, par. 19-3
55 10 ILCS 5/19-8 from Ch. 46, par. 19-8
66 10 ILCS 5/20-2 from Ch. 46, par. 20-2
77 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
88 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
99 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
1010 10 ILCS 5/20-3 from Ch. 46, par. 20-3
1111 10 ILCS 5/20-8 from Ch. 46, par. 20-8
1212 Amends the Election Code. 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). Makes conforming changes. Effective immediately.
1313 LRB104 11877 SPS 21968 b LRB104 11877 SPS 21968 b
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1818 1 AN ACT concerning elections.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The Election Code is amended by changing
2222 5 Section 19-3, 19-8, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, and
2323 6 20-8 as follows:
2424 7 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
2525 8 Sec. 19-3. Application for a vote by mail ballot.
2626 9 (a) The application for a vote by mail ballot for a single
2727 10 election shall be substantially in the following form:
2828 11 APPLICATION FOR VOTE BY MAIL BALLOT
2929 12 To be voted at the .... election in the County of .... and
3030 13 State of Illinois.
3131 14 I state that I am a resident of .... in the municipality of
3232 15 .... in the county of ....; that I have resided at such address
3333 16 for at least 30 days; that I am lawfully entitled to vote at
3434 17 the .... election to be held on ....; and that I wish to vote
3535 18 by mail.
3636 19 I hereby make application for an official ballot or
3737 20 ballots to be voted by me at such election, and I agree that I
3838 21 shall return such ballot or ballots to the official issuing
3939 22 the same prior to the closing of the polls on the date of the
4040 23 election or, if returned by mail, received by the election
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4444 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2803 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
4545 10 ILCS 5/19-3 from Ch. 46, par. 19-310 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. 20-3 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/19-3 from Ch. 46, par. 19-3 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
4646 10 ILCS 5/19-3 from Ch. 46, par. 19-3
4747 10 ILCS 5/19-8 from Ch. 46, par. 19-8
4848 10 ILCS 5/20-2 from Ch. 46, par. 20-2
4949 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
5050 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
5151 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
5252 10 ILCS 5/20-3 from Ch. 46, par. 20-3
5353 10 ILCS 5/20-8 from Ch. 46, par. 20-8
5454 Amends the Election Code. 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). Makes conforming changes. Effective immediately.
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5757 A BILL FOR
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6666 10 ILCS 5/20-2.1 from Ch. 46, par. 20-2.1
6767 10 ILCS 5/20-2.2 from Ch. 46, par. 20-2.2
6868 10 ILCS 5/20-2.3 from Ch. 46, par. 20-2.3
6969 10 ILCS 5/20-3 from Ch. 46, par. 20-3
7070 10 ILCS 5/20-8 from Ch. 46, par. 20-8
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8989 1 authority before the closing of the polls on postmarked no
9090 2 later than election day, for counting no later than during the
9191 3 period for counting provisional ballots, the last day of which
9292 4 is the 14th day following election day.
9393 5 I understand that this application is made for an official
9494 6 vote by mail ballot or ballots to be voted by me at the
9595 7 election specified in this application and that I must submit
9696 8 a separate application for an official vote by mail ballot or
9797 9 ballots to be voted by me at any subsequent election.
9898 10 Under penalties as provided by law pursuant to Section
9999 11 29-10 of the Election Code, the undersigned certifies that the
100100 12 statements set forth in this application are true and correct.
101101 13 ....
102102 14 *fill in either (1), (2) or (3).
103103 15 Post office address to which ballot is mailed:
104104 16 ...............
105105 17 (a-5) The application for a single vote by mail ballot
106106 18 transmitted electronically pursuant to Section 19-2.6 shall be
107107 19 substantively similar to the application for a vote by mail
108108 20 ballot for a single election and shall include:
109109 21 I swear or affirm that I am a voter with a print
110110 22 disability, and, as a result of this disability, I am
111111 23 making a request to receive a vote by mail ballot
112112 24 electronically so that I may privately and independently
113113 25 mark, verify, and print my vote by mail ballot.
114114 26 (b) The application for permanent vote by mail status
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125125 1 shall be substantially in the following form:
126126 2 APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
127127 3 I am currently a registered voter and wish to apply for
128128 4 permanent vote by mail status.
129129 5 I state that I am a resident of .... in the municipality of
130130 6 .... in the county of ....; that I have resided at such address
131131 7 for at least 30 days; that I am lawfully entitled to vote at
132132 8 the .... election to be held on ....; and that I wish to vote
133133 9 by mail in:
134134 10 ..... all subsequent elections that do not require a party
135135 11 designation.
136136 12 ..... all subsequent elections, and I wish to receive a
137137 13 ................... Party vote by mail ballot in
138138 14 elections that require a party designation.
139139 15 I hereby make application for an official ballot or
140140 16 ballots to be voted by me at such election, and I agree that I
141141 17 shall return such ballot or ballots to the official issuing
142142 18 the same prior to the closing of the polls on the date of the
143143 19 election or, if returned by mail, received by the election
144144 20 authority before the closing of the polls on postmarked no
145145 21 later than election day, for counting no later than during the
146146 22 period for counting provisional ballots, the last day of which
147147 23 is the 14th day following election day.
148148 24 Under penalties as provided by law under Section 29-10 of
149149 25 the Election Code, the undersigned certifies that the
150150 26 statements set forth in this application are true and correct.
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161161 1 ....
162162 2 Post office address to which ballot is mailed:
163163 3 ...............
164164 4 (b-5) The application for permanent vote by mail ballots
165165 5 transmitted electronically pursuant to Section 19-2.6 shall be
166166 6 substantively similar to the application for permanent vote by
167167 7 mail status and shall include:
168168 8 I swear or affirm that I am a voter with a
169169 9 non-temporary print disability, and as a result of this
170170 10 disability, I am making a request to receive vote by mail
171171 11 ballots electronically so that I may privately and
172172 12 independently mark, verify, and print my vote by mail
173173 13 ballots.
174174 14 (c) However, if application is made for a primary election
175175 15 ballot, such application shall require the applicant to
176176 16 designate the name of the political party with which the
177177 17 applicant is affiliated. The election authority shall allow
178178 18 any voter on permanent vote by mail status to change his or her
179179 19 party affiliation for a primary election ballot by a method
180180 20 and deadline published and selected by the election authority.
181181 21 (d) If application is made electronically, the applicant
182182 22 shall mark the box associated with the above described
183183 23 statement included as part of the online application
184184 24 certifying that the statements set forth in the application
185185 25 under subsection (a) or (b) are true and correct, and a
186186 26 signature is not required.
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197197 1 (e) Any person may produce, reproduce, distribute, or
198198 2 return to an election authority an application under this
199199 3 Section. If applications are sent to a post office box
200200 4 controlled by any individual or organization that is not an
201201 5 election authority, those applications shall (i) include a
202202 6 valid and current phone number for the individual or
203203 7 organization controlling the post office box and (ii) be
204204 8 turned over to the appropriate election authority within 7
205205 9 days of receipt or, if received within 2 weeks of the election
206206 10 in which an applicant intends to vote, within 2 days of
207207 11 receipt. Failure to turn over the applications in compliance
208208 12 with this paragraph shall constitute a violation of this Code
209209 13 and shall be punishable as a petty offense with a fine of $100
210210 14 per application. Removing, tampering with, or otherwise
211211 15 knowingly making the postmark on the application unreadable by
212212 16 the election authority shall establish a rebuttable
213213 17 presumption of a violation of this paragraph. Upon receipt,
214214 18 the appropriate election authority shall accept and promptly
215215 19 process any application under this Section submitted in a form
216216 20 substantially similar to that required by this Section,
217217 21 including any substantially similar production or reproduction
218218 22 generated by the applicant.
219219 23 (f) An election authority may combine the applications in
220220 24 subsections (a) and (b) onto one form, but the distinction
221221 25 between the applications must be clear and the form must
222222 26 provide check boxes for an applicant to indicate whether he or
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233233 1 she is applying for a single election vote by mail ballot or
234234 2 for permanent vote by mail status.
235235 3 (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22;
236236 4 103-467, eff. 8-4-23.)
237237 5 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
238238 6 Sec. 19-8. Time and place of counting ballots.
239239 7 (a) (Blank.)
240240 8 (b) Each vote by mail voter's ballot returned to an
241241 9 election authority, by any means authorized by this Article,
242242 10 and received by that election authority before the closing of
243243 11 the polls on election day shall be endorsed by the receiving
244244 12 election authority with the day and hour of receipt and may be
245245 13 processed by the election authority beginning on the day it is
246246 14 received by the election authority in the central ballot
247247 15 counting location of the election authority, but the results
248248 16 of the processing may not be counted until the day of the
249249 17 election after 7:00 p.m., except as provided in subsections
250250 18 (g) and (g-5).
251251 19 (c) Each vote by mail voter's ballot that is mailed to an
252252 20 election authority and postmarked no later than election day,
253253 21 but that is received by the election authority after the polls
254254 22 close on election day shall not be counted and before the close
255255 23 of the period for counting provisional ballots cast at that
256256 24 election, shall be endorsed by the receiving authority with
257257 25 the day and hour of receipt and shall be counted at the central
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268268 1 ballot counting location of the election authority during the
269269 2 period for counting provisional ballots.
270270 3 Each vote by mail voter's ballot that is mailed to an
271271 4 election authority absent a postmark or a barcode usable with
272272 5 an intelligent mail barcode tracking system, but that is
273273 6 received by the election authority after the polls close on
274274 7 election day and before the close of the period for counting
275275 8 provisional ballots cast at that election, shall be endorsed
276276 9 by the receiving authority with the day and hour of receipt,
277277 10 opened to inspect the date inserted on the certification, and,
278278 11 if the certification date is election day or earlier and the
279279 12 ballot is otherwise found to be valid under the requirements
280280 13 of this Section, counted at the central ballot counting
281281 14 location of the election authority during the period for
282282 15 counting provisional ballots. Absent a date on the
283283 16 certification, the ballot shall not be counted.
284284 17 If an election authority is using an intelligent mail
285285 18 barcode tracking system, a ballot that is mailed to an
286286 19 election authority absent a postmark may be counted if the
287287 20 intelligent mail barcode tracking system verifies the envelope
288288 21 was received by the election authority before the closing of
289289 22 the polls on mailed no later than election day.
290290 23 (d) Special write-in vote by mail voter's blank ballots
291291 24 returned to an election authority, by any means authorized by
292292 25 this Article, and received by the election authority at any
293293 26 time before the closing of the polls on election day shall be
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304304 1 endorsed by the receiving election authority with the day and
305305 2 hour of receipt and shall be counted at the central ballot
306306 3 counting location of the election authority during the same
307307 4 period provided for counting vote by mail voters' ballots
308308 5 under subsections (b), (g), and (g-5). Special write-in vote
309309 6 by mail voter's blank ballots that are mailed to an election
310310 7 authority and postmarked no later than election day, but that
311311 8 are received by the election authority after the polls close
312312 9 on election day and before the closing of the period for
313313 10 counting provisional ballots cast at that election, shall be
314314 11 endorsed by the receiving authority with the day and hour of
315315 12 receipt and shall be counted at the central ballot counting
316316 13 location of the election authority during the same periods
317317 14 provided for counting vote by mail voters' ballots under
318318 15 subsection (c).
319319 16 (e) Except as otherwise provided in this Section, vote by
320320 17 mail voters' ballots and special write-in vote by mail voter's
321321 18 blank ballots received by the election authority after the
322322 19 closing of the polls on an election day shall be endorsed by
323323 20 the election authority receiving them with the day and hour of
324324 21 receipt and shall be safely kept unopened by the election
325325 22 authority for the period of time required for the preservation
326326 23 of ballots used at the election, and shall then, without being
327327 24 opened, be destroyed in like manner as the used ballots of that
328328 25 election.
329329 26 (f) Counting required under this Section to begin on
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340340 1 election day after the closing of the polls shall commence no
341341 2 later than 8:00 p.m. and shall be conducted by a panel or
342342 3 panels of election judges appointed in the manner provided by
343343 4 law. The counting shall continue until all vote by mail
344344 5 voters' ballots and special write-in vote by mail voter's
345345 6 blank ballots required to be counted on election day have been
346346 7 counted.
347347 8 (g) The procedures set forth in Articles 17 and 18 of this
348348 9 Code shall apply to all ballots counted under this Section. In
349349 10 addition, within 2 days after a vote by mail ballot is
350350 11 received, but in all cases before the close of the period for
351351 12 counting provisional ballots, the election judge or official
352352 13 shall compare the voter's signature on the certification
353353 14 envelope of that vote by mail ballot with the voter's
354354 15 signature on the application verified in accordance with
355355 16 Section 19-4 or the signature of the voter on file in the
356356 17 office of the election authority. If the election judge or
357357 18 official determines that the 2 signatures match, and that the
358358 19 vote by mail voter is otherwise qualified to cast a vote by
359359 20 mail ballot, the election authority shall cast and count the
360360 21 ballot on election day or the day the ballot is determined to
361361 22 be valid, whichever is later, adding the results to the
362362 23 precinct in which the voter is registered. If the election
363363 24 judge or official determines that the signatures do not match,
364364 25 or that the vote by mail voter is not qualified to cast a vote
365365 26 by mail ballot, then without opening the certification
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376376 1 envelope, the judge or official shall mark across the face of
377377 2 the certification envelope the word "Rejected" and shall not
378378 3 cast or count the ballot.
379379 4 In addition to the voter's signatures not matching, a vote
380380 5 by mail ballot may be rejected by the election judge or
381381 6 official:
382382 7 (1) if the ballot envelope is open or has been opened
383383 8 and resealed;
384384 9 (2) if the voter has already cast an early or grace
385385 10 period ballot;
386386 11 (3) if the voter voted in person on election day or the
387387 12 voter is not a duly registered voter in the precinct; or
388388 13 (4) on any other basis set forth in this Code.
389389 14 If the election judge or official determines that any of
390390 15 these reasons apply, the judge or official shall mark across
391391 16 the face of the certification envelope the word "Rejected" and
392392 17 shall not cast or count the ballot.
393393 18 (g-5) If a vote by mail ballot is rejected by the election
394394 19 judge or official for any reason, the election authority
395395 20 shall, within 2 days after the rejection but in all cases
396396 21 before the close of the period for counting provisional
397397 22 ballots, notify the vote by mail voter that his or her ballot
398398 23 was rejected. The notice shall inform the voter of the reason
399399 24 or reasons the ballot was rejected and shall state that the
400400 25 voter may appear before the election authority, on or before
401401 26 the 14th day after the election, to show cause as to why the
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412412 1 ballot should not be rejected. The voter may present evidence
413413 2 to the election authority supporting his or her contention
414414 3 that the ballot should be counted. The election authority
415415 4 shall appoint a panel of 3 election judges to review the
416416 5 contested ballot, application, and certification envelope, as
417417 6 well as any evidence submitted by the vote by mail voter. No
418418 7 more than 2 election judges on the reviewing panel shall be of
419419 8 the same political party. The reviewing panel of election
420420 9 judges shall make a final determination as to the validity of
421421 10 the contested vote by mail ballot. The judges' determination
422422 11 shall not be reviewable either administratively or judicially.
423423 12 A vote by mail ballot subject to this subsection that is
424424 13 determined to be valid shall be counted before the close of the
425425 14 period for counting provisional ballots.
426426 15 If a vote by mail ballot is rejected for any reason, the
427427 16 election authority shall, within one day after the rejection,
428428 17 transmit to the State Board of Elections by electronic means
429429 18 the voter's name, street address, email address and precinct,
430430 19 ward, township, and district numbers, as the case may be. If a
431431 20 rejected vote by mail ballot is determined to be valid, the
432432 21 election authority shall, within one day after the
433433 22 determination, remove the name of the voter from the list
434434 23 transmitted to the State Board of Elections. The State Board
435435 24 of Elections shall maintain the names and information in an
436436 25 electronic format on its website accessible to State and local
437437 26 political committees.
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448448 1 Upon request by the State or local political committee,
449449 2 each election authority shall, within one day after the
450450 3 request, provide the following information about all rejected
451451 4 vote by mail ballots: voter's name, street address, email
452452 5 address and precinct, ward, township, and district numbers, as
453453 6 the case may be.
454454 7 (g-10) All vote by mail ballots determined to be valid
455455 8 shall be added to the vote totals for the precincts for which
456456 9 they were cast in the order in which the ballots were opened.
457457 10 (h) Each political party, candidate, and qualified civic
458458 11 organization shall be entitled to have present one pollwatcher
459459 12 for each panel of election judges therein assigned.
460460 13 (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.)
461461 14 (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
462462 15 Sec. 20-2. Any member of the United States Service,
463463 16 otherwise qualified to vote, who expects in the course of his
464464 17 duties to be absent from the county in which he resides on the
465465 18 day of holding any election may make application for a vote by
466466 19 mail ballot to the election authority having jurisdiction over
467467 20 his precinct of residence on the official postcard or on a form
468468 21 furnished by the election authority as prescribed by Section
469469 22 20-3 of this Article not less than 10 days before the election.
470470 23 A request pursuant to this Section shall entitle the applicant
471471 24 to a vote by mail ballot for every election in one calendar
472472 25 year. The original application for ballot shall be kept in the
473473
474474
475475
476476
477477
478478 HB2803 - 12 - LRB104 11877 SPS 21968 b
479479
480480
481481 HB2803- 13 -LRB104 11877 SPS 21968 b HB2803 - 13 - LRB104 11877 SPS 21968 b
482482 HB2803 - 13 - LRB104 11877 SPS 21968 b
483483 1 office of the election authority for one year as authorization
484484 2 to send a ballot to the voter for each election to be held
485485 3 within that calendar year. A certified copy of such
486486 4 application for ballot shall be sent each election with the
487487 5 vote by mail ballot to the election authority's central ballot
488488 6 counting location to be used in lieu of the original
489489 7 application for ballot. No registration shall be required in
490490 8 order to vote pursuant to this Section.
491491 9 Ballots under this Section shall be mailed by the election
492492 10 authority in the manner prescribed by Section 20-5 of this
493493 11 Article and not otherwise. Ballots voted under this Section
494494 12 must be received by the election authority before the closing
495495 13 of the polls on returned postmarked no later than election day
496496 14 and received for counting at the central ballot counting
497497 15 location of the election authority during the period for
498498 16 counting provisional ballots, the last day of which is the
499499 17 14th day following election day.
500500 18 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
501501 19 (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
502502 20 Sec. 20-2.1. Citizens of the United States temporarily
503503 21 residing outside the territorial limits of the United States
504504 22 who are not registered but otherwise qualified to vote and who
505505 23 expect to be absent from their county of residence during the
506506 24 periods of voter registration provided for in Articles 4, 5 or
507507 25 6 of this Code and on the day of holding any election, may make
508508
509509
510510
511511
512512
513513 HB2803 - 13 - LRB104 11877 SPS 21968 b
514514
515515
516516 HB2803- 14 -LRB104 11877 SPS 21968 b HB2803 - 14 - LRB104 11877 SPS 21968 b
517517 HB2803 - 14 - LRB104 11877 SPS 21968 b
518518 1 simultaneous application to the election authority having
519519 2 jurisdiction over their precinct of residence for registration
520520 3 by mail and vote by mail ballot not less than 30 days before
521521 4 the election. Such application may be made on the official
522522 5 postcard or on a form furnished by the election authority as
523523 6 prescribed by Section 20-3 of this Article or by facsimile or
524524 7 electronic transmission. A request pursuant to this Section
525525 8 shall entitle the applicant to a vote by mail ballot for every
526526 9 election in one calendar year. The original application for
527527 10 ballot shall be kept in the office of the election authority
528528 11 for one year as authorization to send a ballot to the voter for
529529 12 each election to be held within that calendar year. A
530530 13 certified copy of such application for ballot shall be sent
531531 14 each election with the vote by mail ballot to the election
532532 15 authority's central ballot counting location to be used in
533533 16 lieu of the original application for ballot.
534534 17 Registration shall be required in order to vote pursuant
535535 18 to this Section. However, if the election authority receives
536536 19 one of such applications after 30 days but not less than 10
537537 20 days before a Federal election, said applicant shall be sent a
538538 21 ballot containing the Federal offices only and registration
539539 22 for that election shall be waived.
540540 23 Ballots under this Section shall be delivered by the
541541 24 election authority in the manner prescribed by Section 20-5 of
542542 25 this Article in person, by mail, or, if requested by the
543543 26 applicant and the election authority has the capability, by
544544
545545
546546
547547
548548
549549 HB2803 - 14 - LRB104 11877 SPS 21968 b
550550
551551
552552 HB2803- 15 -LRB104 11877 SPS 21968 b HB2803 - 15 - LRB104 11877 SPS 21968 b
553553 HB2803 - 15 - LRB104 11877 SPS 21968 b
554554 1 facsimile transmission or by electronic transmission.
555555 2 Ballots voted under this Section must be received by the
556556 3 election authority before the closing of the polls on returned
557557 4 postmarked no later than election day and received for
558558 5 counting at the central ballot counting location of the
559559 6 election authority during the period for counting provisional
560560 7 ballots, the last day of which is the 14th day following
561561 8 election day.
562562 9 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
563563 10 (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
564564 11 Sec. 20-2.2. Any non-resident civilian citizen, otherwise
565565 12 qualified to vote, may make application to the election
566566 13 authority having jurisdiction over his precinct of former
567567 14 residence for a vote by mail ballot containing the Federal
568568 15 offices only not less than 10 days before a Federal election.
569569 16 Such application may be made on the official postcard or by
570570 17 facsimile or electronic transmission. A request pursuant to
571571 18 this Section shall entitle the applicant to a vote by mail
572572 19 ballot for every election in one calendar year at which
573573 20 Federal offices are filled. The original application for
574574 21 ballot shall be kept in the office of the election authority
575575 22 for one year as authorization to send a ballot to the voter for
576576 23 each election to be held within that calendar year at which
577577 24 Federal offices are filled. A certified copy of such
578578 25 application for ballot shall be sent each election with the
579579
580580
581581
582582
583583
584584 HB2803 - 15 - LRB104 11877 SPS 21968 b
585585
586586
587587 HB2803- 16 -LRB104 11877 SPS 21968 b HB2803 - 16 - LRB104 11877 SPS 21968 b
588588 HB2803 - 16 - LRB104 11877 SPS 21968 b
589589 1 vote by mail ballot to the election authority's central ballot
590590 2 counting location to be used in lieu of the original
591591 3 application for ballot. No registration shall be required in
592592 4 order to vote pursuant to this Section. Ballots under this
593593 5 Section shall be delivered by the election authority in the
594594 6 manner prescribed by Section 20-5 of this Article in person,
595595 7 by mail, or, if requested by the applicant and the election
596596 8 authority has the capability, by facsimile transmission or by
597597 9 electronic transmission. Ballots voted under this Section must
598598 10 be received by the election authority before the closing of
599599 11 the polls on returned postmarked no later than election day
600600 12 and received for counting at the central ballot counting
601601 13 location of the election authority during the period for
602602 14 counting provisional ballots, the last day of which is the
603603 15 14th day following election day.
604604 16 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
605605 17 (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
606606 18 Sec. 20-2.3. Members of the Armed Forces and their spouses
607607 19 and dependents. Any member of the United States Armed Forces
608608 20 while on active duty, and his or her spouse and dependents,
609609 21 otherwise qualified to vote, who expects in the course of his
610610 22 or her duties to be absent from the county in which he or she
611611 23 resides on the day of holding any election, in addition to any
612612 24 other method of making application for vote by mail ballot
613613 25 under this Article, may make application for a vote by mail
614614
615615
616616
617617
618618
619619 HB2803 - 16 - LRB104 11877 SPS 21968 b
620620
621621
622622 HB2803- 17 -LRB104 11877 SPS 21968 b HB2803 - 17 - LRB104 11877 SPS 21968 b
623623 HB2803 - 17 - LRB104 11877 SPS 21968 b
624624 1 ballot to the election authority having jurisdiction over his
625625 2 or her precinct of residence by a facsimile machine or
626626 3 electronic transmission not less than 10 days before the
627627 4 election.
628628 5 Ballots under this Section shall be delivered by the
629629 6 election authority in the manner prescribed by Section 20-5 of
630630 7 this Article in person, by mail, or, if requested by the
631631 8 applicant and the election authority has the capability, by
632632 9 facsimile transmission or by electronic transmission. Ballots
633633 10 voted under this Section must be returned postmarked no later
634634 11 than election day and received for counting at the central
635635 12 ballot counting location of the election authority no later
636636 13 than during the period for counting provisional ballots, the
637637 14 last day of which is the 7th 14th day following election day.
638638 15 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
639639 16 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
640640 17 Sec. 20-3. The election authority shall furnish the
641641 18 following applications for registration by mail or vote by
642642 19 mail ballot which shall be considered a method of application
643643 20 in lieu of the official postcard.
644644 21 1. Members of the United States Service and citizens of
645645 22 the United States temporarily residing outside the territorial
646646 23 limits of the United States may make application within the
647647 24 periods prescribed in Sections 20-2 or 20-2.1, as the case may
648648 25 be. Such application shall be substantially in the following
649649
650650
651651
652652
653653
654654 HB2803 - 17 - LRB104 11877 SPS 21968 b
655655
656656
657657 HB2803- 18 -LRB104 11877 SPS 21968 b HB2803 - 18 - LRB104 11877 SPS 21968 b
658658 HB2803 - 18 - LRB104 11877 SPS 21968 b
659659 1 form:
660660 2 "APPLICATION FOR BALLOT
661661 3 To be voted at the ............ election in the precinct
662662 4 in which is located my residence at ..............., in the
663663 5 city/village/township of ............(insert home address)
664664 6 County of ........... and State of Illinois.
665665 7 I state that I am a citizen of the United States; that on
666666 8 (insert date of election) I shall have resided in the State of
667667 9 Illinois and in the election precinct for 30 days; that on the
668668 10 above date I shall be the age of 18 years or above; that I am
669669 11 lawfully entitled to vote in such precinct at that election;
670670 12 that I am (check category 1, 2, or 3 below):
671671 13 1. ( ) a member of the United States Service,
672672 14 2. ( ) a citizen of the United States temporarily
673673 15 residing outside the territorial limits of the United States
674674 16 and that I expect to be absent from the said county of my
675675 17 residence on the date of holding such election, and that I will
676676 18 have no opportunity to vote in person on that day.
677677 19 I hereby make application for an official ballot or
678678 20 ballots to be voted by me at such election if I am absent from
679679 21 the said county of my residence, and I agree that I shall
680680 22 return said ballot or ballots to the election authority
681681 23 postmarked no later than the closing of the polls on election
682682 24 day, for counting no later than during the period for counting
683683 25 provisional ballots, the last day of which is the 14th day
684684 26 following election day or shall destroy said ballot or
685685
686686
687687
688688
689689
690690 HB2803 - 18 - LRB104 11877 SPS 21968 b
691691
692692
693693 HB2803- 19 -LRB104 11877 SPS 21968 b HB2803 - 19 - LRB104 11877 SPS 21968 b
694694 HB2803 - 19 - LRB104 11877 SPS 21968 b
695695 1 ballots.
696696 2 (Check below only if category 2 and not previously
697697 3 registered)
698698 4 ( ) I hereby make application to become registered as a
699699 5 voter and agree to return the forms and affidavits for
700700 6 registration to the election authority not later than 30 days
701701 7 before the election.
702702 8 Under penalties as provided by law pursuant to Article 29
703703 9 of the Election Code, the undersigned certifies that the
704704 10 statements set forth in this application are true and correct.
705705 11 .........................
706706 12 Post office address or service address to which
707707 13 registration materials or ballot should be mailed
708708 14 .........................
709709 15 .........................
710710 16 .........................
711711 17 ........................"
712712 18 If application is made for a primary election ballot, such
713713 19 application shall designate the name of the political party
714714 20 with which the applicant is affiliated.
715715 21 Such applications may be obtained from the election
716716 22 authority having jurisdiction over the person's precinct of
717717 23 residence.
718718 24 2. A spouse or dependent of a member of the United States
719719 25 Service, said spouse or dependent being a registered voter in
720720 26 the county, may make application on behalf of said person in
721721
722722
723723
724724
725725
726726 HB2803 - 19 - LRB104 11877 SPS 21968 b
727727
728728 .........................
729729
730730 .........................
731731
732732 .........................
733733
734734 .........................
735735
736736 ........................"
737737
738738
739739 HB2803- 20 -LRB104 11877 SPS 21968 b HB2803 - 20 - LRB104 11877 SPS 21968 b
740740 HB2803 - 20 - LRB104 11877 SPS 21968 b
741741 1 the office of the election authority within the periods
742742 2 prescribed in Section 20-2 which shall be substantially in the
743743 3 following form:
744744 4 "APPLICATION FOR BALLOT to be voted at the........... election
745745 5 in the precinct in which is located the residence of the person
746746 6 for whom this application is made at.............(insert
747747 7 residence address) in the city/village/township of.........
748748 8 County of.......... and State of Illinois.
749749 9 I certify that the following named person................
750750 10 (insert name of person) is a member of the United States
751751 11 Service.
752752 12 I state that said person is a citizen of the United States;
753753 13 that on (insert date of election) said person shall have
754754 14 resided in the State of Illinois and in the election precinct
755755 15 for which this application is made for 30 days; that on the
756756 16 above date said person shall be the age of 18 years or above;
757757 17 that said person is lawfully entitled to vote in such precinct
758758 18 at that election; that said person is a member of the United
759759 19 States Service, and that in the course of his duties said
760760 20 person expects to be absent from his county of residence on the
761761 21 date of holding such election, and that said person will have
762762 22 no opportunity to vote in person on that day.
763763 23 I hereby make application for an official ballot or
764764 24 ballots to be voted by said person at such election and said
765765 25 person agrees that he shall return said ballot or ballots to
766766 26 the election authority postmarked no later than the closing of
767767
768768
769769
770770
771771
772772 HB2803 - 20 - LRB104 11877 SPS 21968 b
773773
774774
775775 HB2803- 21 -LRB104 11877 SPS 21968 b HB2803 - 21 - LRB104 11877 SPS 21968 b
776776 HB2803 - 21 - LRB104 11877 SPS 21968 b
777777 1 the polls on election day, for counting no later than during
778778 2 the period for counting provisional ballots, the last day of
779779 3 which is the 14th day following election day, or shall destroy
780780 4 said ballot or ballots.
781781 5 I hereby certify that I am the (mother, father, sister,
782782 6 brother, husband or wife) of the said elector, and that I am a
783783 7 registered voter in the election precinct for which this
784784 8 application is made. (Strike all but one that is applicable.)
785785 9 Under penalties as provided by law pursuant to Article 29
786786 10 of The Election Code, the undersigned certifies that the
787787 11 statements set forth in this application are true and correct.
788788 12 Name of applicant ......................
789789 13 Residence address ........................
790790 14 City/village/township........................
791791 15 Service address to which ballot should be mailed:
792792 16 .........................
793793 17 .........................
794794 18 .........................
795795 19 ........................"
796796 20 If application is made for a primary election ballot, such
797797 21 application shall designate the name of the political party
798798 22 with which the person for whom application is made is
799799 23 affiliated.
800800 24 Such applications may be obtained from the election
801801 25 authority having jurisdiction over the voting precinct in
802802 26 which the person for whom application is made is entitled to
803803
804804
805805
806806
807807
808808 HB2803 - 21 - LRB104 11877 SPS 21968 b
809809
810810 Name of applicant ......................
811811
812812 Residence address ........................
813813
814814 City/village/township........................
815815
816816 .........................
817817
818818 .........................
819819
820820 .........................
821821
822822 ........................"
823823
824824
825825 HB2803- 22 -LRB104 11877 SPS 21968 b HB2803 - 22 - LRB104 11877 SPS 21968 b
826826 HB2803 - 22 - LRB104 11877 SPS 21968 b
827827 1 vote.
828828 2 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
829829 3 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
830830 4 Sec. 20-8. Time and place of counting ballots.
831831 5 (a) (Blank.)
832832 6 (b) Each vote by mail voter's ballot returned to an
833833 7 election authority, by any means authorized by this Article,
834834 8 and received by that election authority may be processed by
835835 9 the election authority beginning on the day it is received by
836836 10 the election authority in the central ballot counting location
837837 11 of the election authority, but the results of the processing
838838 12 may not be counted until the day of the election after 7:00
839839 13 p.m., except as provided in subsections (g) and (g-5).
840840 14 (c) Each vote by mail voter's ballot that is mailed to an
841841 15 election authority and postmarked no later than election day,
842842 16 but that is received by the election authority after the polls
843843 17 close on election day shall not be counted and before the close
844844 18 of the period for counting provisional ballots cast at that
845845 19 election, shall be endorsed by the receiving authority with
846846 20 the day and hour of receipt and shall be counted at the central
847847 21 ballot counting location of the election authority during the
848848 22 period for counting provisional ballots.
849849 23 Each vote by mail voter's ballot that is mailed to an
850850 24 election authority absent a postmark or a barcode usable with
851851 25 an intelligent mail barcode tracking system, but that is
852852
853853
854854
855855
856856
857857 HB2803 - 22 - LRB104 11877 SPS 21968 b
858858
859859
860860 HB2803- 23 -LRB104 11877 SPS 21968 b HB2803 - 23 - LRB104 11877 SPS 21968 b
861861 HB2803 - 23 - LRB104 11877 SPS 21968 b
862862 1 received by the election authority after the polls close on
863863 2 election day and before the close of the period for counting
864864 3 provisional ballots cast at that election, shall be endorsed
865865 4 by the receiving authority with the day and hour of receipt,
866866 5 opened to inspect the date inserted on the certification, and,
867867 6 if the certification date is election day or earlier and the
868868 7 ballot is otherwise found to be valid under the requirements
869869 8 of this Section, counted at the central ballot counting
870870 9 location of the election authority during the period for
871871 10 counting provisional ballots. Absent a date on the
872872 11 certification, the ballot shall not be counted.
873873 12 If an election authority is using an intelligent mail
874874 13 barcode tracking system, a ballot that is mailed to an
875875 14 election authority absent a postmark may be counted if the
876876 15 intelligent mail barcode tracking system verifies the envelope
877877 16 was received by the election authority before the closing of
878878 17 the polls on mailed no later than election day.
879879 18 (d) Special write-in vote by mail voter's blank ballots
880880 19 returned to an election authority, by any means authorized by
881881 20 this Article, and received by the election authority at any
882882 21 time before the closing of the polls on election day shall be
883883 22 endorsed by the receiving election authority with the day and
884884 23 hour of receipt and shall be counted at the central ballot
885885 24 counting location of the election authority during the same
886886 25 period provided for counting vote by mail voters' ballots
887887 26 under subsections (b), (g), and (g-5). Special write-in vote
888888
889889
890890
891891
892892
893893 HB2803 - 23 - LRB104 11877 SPS 21968 b
894894
895895
896896 HB2803- 24 -LRB104 11877 SPS 21968 b HB2803 - 24 - LRB104 11877 SPS 21968 b
897897 HB2803 - 24 - LRB104 11877 SPS 21968 b
898898 1 by mail voter's blank ballot that are mailed to an election
899899 2 authority and postmarked no later than election day, but that
900900 3 are received by the election authority after the polls close
901901 4 on election day and before the closing of the period for
902902 5 counting provisional ballots cast at that election, shall be
903903 6 endorsed by the receiving authority with the day and hour of
904904 7 receipt and shall be counted at the central ballot counting
905905 8 location of the election authority during the same periods
906906 9 provided for counting vote by mail voters' ballots under
907907 10 subsection (c).
908908 11 (e) Except as otherwise provided in this Section, vote by
909909 12 mail voters' ballots and special write-in vote by mail voter's
910910 13 blank ballots received by the election authority after the
911911 14 closing of the polls on the day of election shall be endorsed
912912 15 by the person receiving the ballots with the day and hour of
913913 16 receipt and shall be safely kept unopened by the election
914914 17 authority for the period of time required for the preservation
915915 18 of ballots used at the election, and shall then, without being
916916 19 opened, be destroyed in like manner as the used ballots of that
917917 20 election.
918918 21 (f) Counting required under this Section to begin on
919919 22 election day after the closing of the polls shall commence no
920920 23 later than 8:00 p.m. and shall be conducted by a panel or
921921 24 panels of election judges appointed in the manner provided by
922922 25 law. The counting shall continue until all vote by mail
923923 26 voters' ballots and special write-in vote by mail voter's
924924
925925
926926
927927
928928
929929 HB2803 - 24 - LRB104 11877 SPS 21968 b
930930
931931
932932 HB2803- 25 -LRB104 11877 SPS 21968 b HB2803 - 25 - LRB104 11877 SPS 21968 b
933933 HB2803 - 25 - LRB104 11877 SPS 21968 b
934934 1 blank ballots required to be counted on election day have been
935935 2 counted.
936936 3 (g) The procedures set forth in Articles 17 and 18 of this
937937 4 Code shall apply to all ballots counted under this Section. In
938938 5 addition, within 2 days after a ballot subject to this Article
939939 6 is received, but in all cases before the close of the period
940940 7 for counting provisional ballots, the election judge or
941941 8 official shall compare the voter's signature on the
942942 9 certification envelope of that ballot with the signature of
943943 10 the voter on file in the office of the election authority. If
944944 11 the election judge or official determines that the 2
945945 12 signatures match, and that the voter is otherwise qualified to
946946 13 cast a ballot under this Article, the election authority shall
947947 14 cast and count the ballot on election day or the day the ballot
948948 15 is determined to be valid, whichever is later, adding the
949949 16 results to the precinct in which the voter is registered. If
950950 17 the election judge or official determines that the signatures
951951 18 do not match, or that the voter is not qualified to cast a
952952 19 ballot under this Article, then without opening the
953953 20 certification envelope, the judge or official shall mark
954954 21 across the face of the certification envelope the word
955955 22 "Rejected" and shall not cast or count the ballot.
956956 23 In addition to the voter's signatures not matching, a
957957 24 ballot subject to this Article may be rejected by the election
958958 25 judge or official:
959959 26 (1) if the ballot envelope is open or has been opened
960960
961961
962962
963963
964964
965965 HB2803 - 25 - LRB104 11877 SPS 21968 b
966966
967967
968968 HB2803- 26 -LRB104 11877 SPS 21968 b HB2803 - 26 - LRB104 11877 SPS 21968 b
969969 HB2803 - 26 - LRB104 11877 SPS 21968 b
970970 1 and resealed;
971971 2 (2) if the voter has already cast an early or grace
972972 3 period ballot;
973973 4 (3) if the voter voted in person on election day or the
974974 5 voter is not a duly registered voter in the precinct; or
975975 6 (4) on any other basis set forth in this Code.
976976 7 If the election judge or official determines that any of
977977 8 these reasons apply, the judge or official shall mark across
978978 9 the face of the certification envelope the word "Rejected" and
979979 10 shall not cast or count the ballot.
980980 11 (g-5) If a ballot subject to this Article is rejected by
981981 12 the election judge or official for any reason, the election
982982 13 authority shall, within 2 days after the rejection but in all
983983 14 cases before the close of the period for counting provisional
984984 15 ballots, notify the voter that his or her ballot was rejected.
985985 16 The notice shall inform the voter of the reason or reasons the
986986 17 ballot was rejected and shall state that the voter may appear
987987 18 before the election authority, on or before the 14th day after
988988 19 the election, to show cause as to why the ballot should not be
989989 20 rejected. The voter may present evidence to the election
990990 21 authority supporting his or her contention that the ballot
991991 22 should be counted. The election authority shall appoint a
992992 23 panel of 3 election judges to review the contested ballot,
993993 24 application, and certification envelope, as well as any
994994 25 evidence submitted by the vote by mail voter. No more than 2
995995 26 election judges on the reviewing panel shall be of the same
996996
997997
998998
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10061006 1 political party. The reviewing panel of election judges shall
10071007 2 make a final determination as to the validity of the contested
10081008 3 ballot. The judges' determination shall not be reviewable
10091009 4 either administratively or judicially.
10101010 5 A ballot subject to this subsection that is determined to
10111011 6 be valid shall be counted before the close of the period for
10121012 7 counting provisional ballots.
10131013 8 (g-10) All ballots determined to be valid shall be added
10141014 9 to the vote totals for the precincts for which they were cast
10151015 10 in the order in which the ballots were opened.
10161016 11 (h) Each political party, candidate, and qualified civic
10171017 12 organization shall be entitled to have present one pollwatcher
10181018 13 for each panel of election judges therein assigned.
10191019 14 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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