Illinois General Assembly - Full Text of HB0439
Illinois General Assembly

Previous General Assemblies

Full Text of HB0439  100th General Assembly

HB0439 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0439

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/4-16  from Ch. 46, par. 4-16
10 ILCS 5/4-50
10 ILCS 5/5-23  from Ch. 46, par. 5-23
10 ILCS 5/5-50
10 ILCS 5/6-53  from Ch. 46, par. 6-53
10 ILCS 5/6-100
10 ILCS 5/10-8  from Ch. 46, par. 10-8
10 ILCS 5/19-8  from Ch. 46, par. 19-8
10 ILCS 5/19A-10
10 ILCS 5/20-8  from Ch. 46, par. 20-8

    Amends the Election Code. Creates a pilot program for DuPage County that allows the election authority to obtain driver's license pictures to help verify a voter's identity. Removes provisions that an unregistered qualified elector may register to vote or a registered voter may submit a change of address form at any other early voting site beginning 15 days prior to the election, and provides that registration or changes to address may be submitted at a permanent polling place (rather than a polling place). Provides that certain election authorities may opt out of registration in the polling place if, among other requirements, the election authority establishes grace period registration and voting in a polling place in each municipality where 20% or more of the county's registered voters (rather than residents) reside. Requires any individual challenging the validity of petitions to notify the applicable election authority when a challenge is filed in court contesting the decision of the election authority. Provides that votes by mail may be processed as they arrive in the mail, and that election authorities shall have more than 15 days to process votes by mail. Removes provision that any person entitled to vote early by personal appearance may do so at any polling place established for early voting. Effective immediately.


LRB100 05372 MLM 15383 b

 

 

A BILL FOR

 

HB0439LRB100 05372 MLM 15383 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 4-16, 4-50, 5-23, 5-50, 6-53, 6-100, 10-8, 19-8,
619A-10, and 20-8 as follows:
 
7    (10 ILCS 5/4-16)  (from Ch. 46, par. 4-16)
8    Sec. 4-16. Any registered voter who changes his residence
9from one address to another within the same county wherein this
10Article is in effect, may have his registration transferred to
11his new address by making and signing an application for change
12of residence address upon a form to be provided by the county
13clerk. Such application must be made to the office of the
14county clerk and may be made either in person or by mail. In
15case the person is unable to sign his name, the county clerk
16shall require him to execute the application in the presence of
17the county clerk or of his properly authorized representative,
18by his mark, and if satisfied of the identity of the person,
19the county clerk shall make the transfer.
20    Upon receipt of the application, the county clerk, or one
21of his employees deputized to take registrations shall cause
22the signature of the voter and the data appearing upon the
23application to be compared with the signature and data on the

 

 

HB0439- 2 -LRB100 05372 MLM 15383 b

1registration record card, and if it appears that the applicant
2is the same person as the person previously registered under
3that name the transfer shall be made. Notwithstanding any other
4provision of law to the contrary, the Board of Elections shall,
5by rule, create a pilot program for DuPage County that allows
6election authorities to obtain the photograph and signature
7from a voter's driver's license on file with the Secretary of
8State to compare with the voter's signature and to confirm that
9the person presenting themselves as the registered voter is the
10same person pictured on such license. The pictures obtained
11from the Secretary of State shall be affixed to the voter's
12poll book to aide in the visual identification of the voter.
13Registered voters shall, by rule, be allowed the option to
14opt-in to having their picture checked to ensure greater voter
15confidence and guarantee that no voter's vote is stolen. The
16Board of Elections shall establish this pilot program before
17the 2018 general election.
18    No transfers of registration under the provisions of this
19Section shall be made during the 27 days preceding any election
20at which such voter would be entitled to vote. When a removal
21of a registered voter takes place from one address to another
22within the same precinct within a period during which a
23transfer of registration cannot be made before any election or
24primary, he shall be entitled to vote upon presenting the
25judges of election his affidavit substantially in the form
26prescribed in Section 17-10 of this Act of a change of

 

 

HB0439- 3 -LRB100 05372 MLM 15383 b

1residence address within the precinct on a date therein
2specified.
3    The county clerk may obtain information from utility
4companies, city, village, incorporated town and township
5records, the post office, or from other sources, regarding the
6removal of registered voters, and may treat such information,
7and information procured from his death and marriage records on
8file in his office, as an application to erase from the
9register any name concerning which he may so have information
10that the voter is no longer qualified to vote under the name,
11or from the address from which registered, and give notice
12thereof in the manner provided by Section 4-12 of this Article,
13and notify voters who have changed their address that a
14transfer of registration may be made in the manner provided in
15this Section enclosing a form therefor.
16    If any person be registered by error in a precinct other
17than that in which he resides, the county clerk may transfer
18his registration to the proper precinct, and if the error is or
19may be on the part of the registration officials, and is
20disclosed too late before an election or primary to mail the
21certificate required by Section 4-15, such certificate may be
22personally delivered to the voter and he may vote thereon as
23therein provided, but such certificates so issued shall be
24specially listed with the reason for the issuance thereof.
25    Where a revision or rearrangement of precincts is made by
26the county board, the county clerk shall immediately transfer

 

 

HB0439- 4 -LRB100 05372 MLM 15383 b

1to the proper precinct the registration of any voter affected
2by such revision or rearrangement of the precinct; make the
3proper notations on the registration cards of a voter affected
4by the revision or rearrangement and shall issue revised
5certificates to each registrant of such change.
6    Any registered voter who changes his or her name by
7marriage or otherwise shall be required to register anew and
8authorize the cancellation of the previous registration; but if
9the voter still resides in the same precinct the elector may,
10if otherwise qualified, vote upon making an affidavit at the
11polling place attesting that the voter is the same person who
12is registered to vote under his or her former name. The
13affidavit shall be treated by the election authority as
14authorization to cancel the registration under the former name,
15and the election authority shall register the person under his
16or her current name.
17    The precinct election officials shall report to the county
18clerk the names and addresses of all persons who have changed
19their addresses and voted, which shall be treated as an
20application to change address accordingly, and the names and
21addresses of all persons otherwise voting by affidavit as in
22this Section provided, which shall be treated as an application
23to erase under Section 4-12 hereof.
24(Source: P.A. 94-645, eff. 8-22-05.)
 
25    (10 ILCS 5/4-50)

 

 

HB0439- 5 -LRB100 05372 MLM 15383 b

1    Sec. 4-50. Grace period. Notwithstanding any other
2provision of this Code to the contrary, each election authority
3shall establish procedures for the registration of voters and
4for change of address during the period from the close of
5registration for an election until and including the day of the
6election. During this grace period, an unregistered qualified
7elector may register to vote, and a registered voter may submit
8a change of address form, in person in the office of the
9election authority, at a permanent polling place established
10under Section 19A-10, at any other early voting site beginning
1115 days prior to the election, at a permanent polling place on
12election day, or at a voter registration location specifically
13designated for this purpose by the election authority. The
14election authority shall register that individual, or change a
15registered voter's address, in the same manner as otherwise
16provided by this Article for registration and change of
17address.
18    If a voter who registers or changes address during this
19grace period wishes to vote at the election or primary
20occurring during the grace period, he or she must do so by
21grace period voting. The election authority shall offer
22in-person grace period voting at the authority's office, any
23permanent polling place established under Section 19A-10, and
24at any other early voting site beginning 15 days prior to the
25election, at a polling place on election day, where grace
26period registration is required by this Section; and may offer

 

 

HB0439- 6 -LRB100 05372 MLM 15383 b

1in-person grace period voting at additional hours and locations
2specifically designated for the purpose of grace period voting
3by the election authority. The election authority may allow
4grace period voting by mail only if the election authority has
5no ballots prepared at the authority's office. Grace period
6voting shall be in a manner substantially similar to voting
7under Article 19A.
8    Within one day after a voter casts a grace period ballot,
9or within one day after the ballot is received by the election
10authority if the election authority allows grace period voting
11by mail, the election authority shall transmit by electronic
12means pursuant to a process established by the State Board of
13Elections the voter's name, street address, e-mail address, and
14precinct, ward, township, and district numbers, as the case may
15be, to the State Board of Elections, which shall maintain those
16names and that information in an electronic format on its
17website, arranged by county and accessible to State and local
18political committees. The name of each person issued a grace
19period ballot shall also be placed on the appropriate precinct
20list of persons to whom vote by mail and early ballots have
21been issued, for use as provided in Sections 17-9 and 18-5.
22    A person who casts a grace period ballot shall not be
23permitted to revoke that ballot and vote another ballot with
24respect to that primary or election. Ballots cast by persons
25who register or change address during the grace period at a
26location other than their designated polling place on election

 

 

HB0439- 7 -LRB100 05372 MLM 15383 b

1day must be transmitted to and counted at the election
2authority's central ballot counting location and shall not be
3transmitted to and counted at precinct polling places. The
4grace period ballots determined to be valid shall be added to
5the vote totals for the precincts for which they were cast in
6the order in which the ballots were opened.
7    In counties with a population of less than 100,000 that do
8not have electronic poll books, the election authority may opt
9out of registration in the polling place if the election
10authority establishes grace period registration and voting at
11other sites on election day at the following sites: (i) the
12election authority's main office and (ii) a polling place in
13each municipality where 20% or more of the county's registered
14voters residents reside if the election authority's main office
15is not located in that municipality. The election authority may
16establish other grace period registration and voting sites on
17election day provided that the election authority has met the
18notice requirements of Section 19A-25 for permanent and
19temporary early voting sites.
20(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2198-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
22    (10 ILCS 5/5-23)  (from Ch. 46, par. 5-23)
23    Sec. 5-23. Any registered voter who changes his residence
24from one address, number or place to another within the same
25county wherein this Article 5 is in effect, may have his

 

 

HB0439- 8 -LRB100 05372 MLM 15383 b

1registration transferred to his new address by making and
2signing an application for such change of residence upon a form
3to be provided by the county clerk. Such application must be
4made to the office of the county clerk. In case the person is
5unable to sign his name the county clerk shall require such
6person to execute the request in the presence of the county
7clerk or of his properly authorized representative, by his
8mark, and if satisfied of the identity of the person, the
9county clerk shall make the transfer.
10    Upon receipt of such application, the county clerk, or one
11of his employees deputized to take registrations shall cause
12the signature of the voter and the data appearing upon the
13application to be compared with the signature and data on the
14registration record, and if it appears that the applicant is
15the same person as the party previously registered under that
16name the transfer shall be made. Notwithstanding any other
17provision of law to the contrary, the Board of Elections shall,
18by rule, create a pilot program for DuPage County that allows
19election authorities to obtain the photograph and signature
20from a voter's driver's license on file with the Secretary of
21State to compare with the voter's signature and to confirm that
22the person presenting themselves as the registered voter is the
23same person pictured on such license. The pictures obtained
24from the Secretary of State shall be affixed to the voter's
25poll book to aide in the visual identification of the voter.
26Registered voters shall, by rule, be allowed the option to

 

 

HB0439- 9 -LRB100 05372 MLM 15383 b

1opt-in to having their picture checked to ensure greater voter
2confidence and guarantee that no voter's vote is stolen. The
3Board of Elections shall establish this pilot program before
4the 2018 general election.
5    Transfer of registration under the provisions of this
6section may not be made within the period when the county
7clerk's office is closed to registration prior to an election
8at which such voter would be entitled to vote.
9    Any registered voter who changes his or her name by
10marriage or otherwise, shall be required to register anew and
11authorize the cancellation of the previous registration;
12provided, however, that if the change of name takes place
13within a period during which such new registration cannot be
14made, next preceding any election or primary, the elector may,
15if otherwise qualified, vote upon making the following
16affidavit before the judges of election:
17    I do solemnly swear that I am the same person now
18registered in the .... precinct of the .... ward of the city of
19.... or .... District Town of .... under the name of .... and
20that I still reside in said precinct or district.
21
(Signed) ....
22    If the voter whose name has changed still resides in the
23same precinct, the voter may vote after making the affidavit at
24the polling place regardless of when the change of name
25occurred. In that event, the affidavit shall not state that the
26voter is required to register; the affidavit shall be treated

 

 

HB0439- 10 -LRB100 05372 MLM 15383 b

1by the election authority as authorization to cancel the
2registration under the former name, and the election authority
3shall register the voter under his or her current name.
4    Suitable forms for this purpose shall be provided by the
5county clerk. The form in all cases shall be similar to the
6form furnished by the county clerk for county and state
7elections.
8    The precinct election officials shall report to the county
9clerk the names and addresses of all such persons who have
10changed their addresses and voted. The city, village, town and
11incorporated town clerks shall within five days after every
12election report to the county clerk the names and addresses of
13the persons reported to them as having voted by affidavit as in
14this Section provided.
15    The county clerk may obtain information from utility
16companies, city, village, town and incorporated town records,
17the post office or from other sources regarding the removal of
18registered voters and notify such voters that a transfer of
19registration may be made in the manner provided by this
20Section.
21    If any person be registered by error in a precinct other
22than that in which he resides the county clerk shall be
23empowered to transfer his registration to the proper precinct.
24    Where a revision or rearrangement of precincts is made by
25the board of county commissioners, the county clerk shall
26immediately transfer to the proper precinct the registration of

 

 

HB0439- 11 -LRB100 05372 MLM 15383 b

1any voter affected by such revision or rearrangement of the
2precincts; make the proper notations on the registration cards
3of a voter affected by the revision of registration and shall
4notify the registrant of such change.
5(Source: P.A. 94-645, eff. 8-22-05.)
 
6    (10 ILCS 5/5-50)
7    Sec. 5-50. Grace period. Notwithstanding any other
8provision of this Code to the contrary, each election authority
9shall establish procedures for the registration of voters and
10for change of address during the period from the close of
11registration for an election until and including the day of the
12election. During this grace period, an unregistered qualified
13elector may register to vote, and a registered voter may submit
14a change of address form, in person in the office of the
15election authority, at a permanent polling place established
16under Section 19A-10, at any other early voting site beginning
1715 days prior to the election, at a permanent polling place on
18election day, or at a voter registration location specifically
19designated for this purpose by the election authority. The
20election authority shall register that individual, or change a
21registered voter's address, in the same manner as otherwise
22provided by this Article for registration and change of
23address.
24    If a voter who registers or changes address during this
25grace period wishes to vote at the election or primary

 

 

HB0439- 12 -LRB100 05372 MLM 15383 b

1occurring during the grace period, he or she must do so by
2grace period voting. The election authority shall offer
3in-person grace period voting at his or her office, any
4permanent polling place established under Section 19A-10, and
5at any other early voting site beginning 15 days prior to the
6election, at a polling place on election day, where grace
7period registration is required by this Section; and may offer
8in-person grace period voting at additional hours and locations
9specifically designated for the purpose of grace period voting
10by the election authority. The election authority may allow
11grace period voting by mail only if the election authority has
12no ballots prepared at the authority's office. Grace period
13voting shall be in a manner substantially similar to voting
14under Article 19A.
15    Within one day after a voter casts a grace period ballot,
16or within one day after the ballot is received by the election
17authority if the election authority allows grace period voting
18by mail, the election authority shall transmit by electronic
19means pursuant to a process established by the State Board of
20Elections the voter's name, street address, e-mail address, and
21precinct, ward, township, and district numbers, as the case may
22be, to the State Board of Elections, which shall maintain those
23names and that information in an electronic format on its
24website, arranged by county and accessible to State and local
25political committees. The name of each person issued a grace
26period ballot shall also be placed on the appropriate precinct

 

 

HB0439- 13 -LRB100 05372 MLM 15383 b

1list of persons to whom vote by mail and early ballots have
2been issued, for use as provided in Sections 17-9 and 18-5.
3    A person who casts a grace period ballot shall not be
4permitted to revoke that ballot and vote another ballot with
5respect to that primary or election. Ballots cast by persons
6who register or change address during the grace period at a
7location other than their designated polling place on election
8day must be transmitted to and counted at the election
9authority's central ballot counting location and shall not be
10transmitted to and counted at precinct polling places. The
11grace period ballots determined to be valid shall be added to
12the vote totals for the precincts for which they were cast in
13the order in which the ballots were opened.
14    In counties with a population of less than 100,000 that do
15not have electronic poll books, the election authority may opt
16out of registration in the polling place if the election
17authority establishes grace period registration and voting at
18other sites on election day at the following sites: (i) the
19election authority's main office and (ii) a polling place in
20each municipality where 20% or more of the county's registered
21voters residents reside if the election authority's main office
22is not located in that municipality. The election authority may
23establish other grace period registration and voting sites on
24election day provided that the election authority has met the
25notice requirements of Section 19A-25 for permanent and
26temporary early voting sites.

 

 

HB0439- 14 -LRB100 05372 MLM 15383 b

1(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
298-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
3    (10 ILCS 5/6-53)  (from Ch. 46, par. 6-53)
4    Sec. 6-53. Any registered elector who changes his residence
5from one address number or place to another within the same
6precinct, city or village or incorporated town, may have his
7registration transferred to his new address by making and
8signing an application for such change of residence address
9upon a form to be provided by such board of election
10commissioners. Such application may be made to the office of
11such board or at any place designated in accordance with
12Section 6-51 of this Article.
13    Upon receipt of such application the board of election
14commissioners or officer, employee or deputy registrar
15designated by such board shall cause the signature of the voter
16and the data appearing upon the application to be compared with
17the signature and data on the registration record, and if it
18appears that the applicant is the same person as the party
19previously registered under that name, the transfer shall be
20made. In case the person is unable to sign his name the board
21of election commissioners shall require such person to execute
22the request in the presence of the board or of its properly
23authorized representative, by his mark, and if satisfied of the
24identity of the person, the board of election commissioners
25shall make the transfer. The person in charge of the

 

 

HB0439- 15 -LRB100 05372 MLM 15383 b

1registration shall draw a line through the last address, ward
2and precinct number on the original and duplicate and write the
3new address, ward and precinct number on the original and
4duplicate registration records. Notwithstanding any other
5provision of law to the contrary, the Board of Elections shall,
6by rule, create a pilot program for DuPage County that allows
7election authorities to obtain the photograph and signature
8from a voter's driver's license on file with the Secretary of
9State to compare with the voter's signature and to confirm that
10the person presenting themselves as the registered voter is the
11same person pictured on such license. The pictures obtained
12from the Secretary of State shall be affixed to the voter's
13poll book to aide in the visual identification of the voter.
14Registered voters shall, by rule, be allowed the option to
15opt-in to having their picture checked to ensure greater voter
16confidence and guarantee that no voter's vote is stolen. The
17Board of Elections shall establish this pilot program before
18the 2018 general election.
19    Any registered elector may transfer his registration only
20at any such time as is provided by this Article for the
21registration of voters at the office of the board. When a
22removal of a registered voter takes place from one address to
23another within the same precinct within a period during which
24such transfer of registration cannot be made, before any
25election or primary, he shall be entitled to vote upon
26presenting to the judges of election an affidavit of a change

 

 

HB0439- 16 -LRB100 05372 MLM 15383 b

1and having said affidavit supported by the affidavit of a
2qualified voter who is a householder in the same precinct.
3Suitable forms for this purpose shall be provided by the board
4of election commissioners whose duty it is to conduct the
5election; and thereupon the precinct election officials shall
6report to the board of election commissioners the names of all
7such persons who have changed their address and voted.
8    The board of election commissioners may obtain information
9from utility companies, city records, the post office or from
10other sources regarding the removal of registered voters, and
11notify such voters that a transfer of registration may be made
12in the manner provided by this section.
13    If any person be registered by error in a precinct other
14than that in which he resides, a transfer of registration to
15the precinct in which he resides may be made in the manner
16provided by this section.
17    Where a revision or rearrangement of precincts is made by
18the board of election commissioners under the power conferred
19by Section 11-3 of Article 11 of this Act, such board shall
20immediately transfer to the proper precinct the registration of
21any voter affected by such revision or rearrangement of
22precincts; make the proper notations on the cards in the master
23and precinct files; and shall notify the registrant of such
24change.
25(Source: Laws 1967, p. 3449.)
 

 

 

HB0439- 17 -LRB100 05372 MLM 15383 b

1    (10 ILCS 5/6-100)
2    Sec. 6-100. Grace period. Notwithstanding any other
3provision of this Code to the contrary, each election authority
4shall establish procedures for the registration of voters and
5for change of address during the period from the close of
6registration for an election until and including the day of the
7election. During this grace period, an unregistered qualified
8elector may register to vote, and a registered voter may submit
9a change of address form, in person in the office of the
10election authority, at a permanent polling place established
11under Section 19A-10, at any other early voting site beginning
1215 days prior to the election, at a permanent polling place on
13election day, or at a voter registration location specifically
14designated for this purpose by the election authority. The
15election authority shall register that individual, or change a
16registered voter's address, in the same manner as otherwise
17provided by this Article for registration and change of
18address.
19    If a voter who registers or changes address during this
20grace period wishes to vote at the election or primary
21occurring during the grace period. The election authority shall
22offer in-person grace period voting at the authority's office,
23any permanent polling place established under Section 19A-10,
24and at any other early voting site beginning 15 days prior to
25the election, at a polling place on election day, where grace
26period registration is required by this Section; and may offer

 

 

HB0439- 18 -LRB100 05372 MLM 15383 b

1in-person grace period voting at additional hours and locations
2specifically designated for the purpose of grace period voting
3by the election authority. The election authority may allow
4grace period voting by mail only if the election authority has
5no ballots prepared at the authority's office. Grace period
6voting shall be in a manner substantially similar to voting
7under Article 19A.
8    Within one day after a voter casts a grace period ballot,
9or within one day after the ballot is received by the election
10authority if the election authority allows grace period voting
11by mail, the election authority shall transmit by electronic
12means pursuant to a process established by the State Board of
13Elections the voter's name, street address, e-mail address, and
14precinct, ward, township, and district numbers, as the case may
15be, to the State Board of Elections, which shall maintain those
16names and that information in an electronic format on its
17website, arranged by county and accessible to State and local
18political committees. The name of each person issued a grace
19period ballot shall also be placed on the appropriate precinct
20list of persons to whom vote by mail and early ballots have
21been issued, for use as provided in Sections 17-9 and 18-5.
22    A person who casts a grace period ballot shall not be
23permitted to revoke that ballot and vote another ballot with
24respect to that primary or election. Ballots cast by persons
25who register or change address during the grace period at a
26location other than their designated polling place on election

 

 

HB0439- 19 -LRB100 05372 MLM 15383 b

1day must be transmitted to and counted at the election
2authority's central ballot counting location and shall not be
3transmitted to and counted at precinct polling places. The
4grace period ballots determined to be valid shall be added to
5the vote totals for the precincts for which they were cast in
6the order in which the ballots were opened.
7    In counties with a population of less than 100,000 that do
8not have electronic poll books, the election authority may opt
9out of registration in the polling place if the election
10authority establishes grace period registration and voting at
11other sites on election day at the following sites: (i) the
12election authority's main office and (ii) a polling place in
13each municipality where 20% or more of the county's registered
14voters residents reside if the election authority's main office
15is not located in that municipality. The election authority may
16establish other grace period registration and voting sites on
17election day provided that the election authority has met the
18notice requirements of Section 19A-25 for permanent and
19temporary early voting sites.
20(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2198-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
22    (10 ILCS 5/10-8)  (from Ch. 46, par. 10-8)
23    Sec. 10-8. Certificates of nomination and nomination
24papers, and petitions to submit public questions to a
25referendum, being filed as required by this Code, and being in

 

 

HB0439- 20 -LRB100 05372 MLM 15383 b

1apparent conformity with the provisions of this Act, shall be
2deemed to be valid unless objection thereto is duly made in
3writing within 5 business days after the last day for filing
4the certificate of nomination or nomination papers or petition
5for a public question, with the following exceptions:
6        A. In the case of petitions to amend Article IV of the
7    Constitution of the State of Illinois, there shall be a
8    period of 35 business days after the last day for the
9    filing of such petitions in which objections can be filed.
10        B. In the case of petitions for advisory questions of
11    public policy to be submitted to the voters of the entire
12    State, there shall be a period of 35 business days after
13    the last day for the filing of such petitions in which
14    objections can be filed.
15    Any legal voter of the political subdivision or district in
16which the candidate or public question is to be voted on, or
17any legal voter in the State in the case of a proposed
18amendment to Article IV of the Constitution or an advisory
19public question to be submitted to the voters of the entire
20State, having objections to any certificate of nomination or
21nomination papers or petitions filed, shall file an objector's
22petition together with 2 copies thereof in the principal office
23or the permanent branch office of the State Board of Elections,
24or in the office of the election authority or local election
25official with whom the certificate of nomination, nomination
26papers or petitions are on file. Objection petitions that do

 

 

HB0439- 21 -LRB100 05372 MLM 15383 b

1not include 2 copies thereof, shall not be accepted. In the
2case of nomination papers or certificates of nomination, the
3State Board of Elections, election authority or local election
4official shall note the day and hour upon which such objector's
5petition is filed, and shall, not later than 12:00 noon on the
6second business day after receipt of the petition, transmit by
7registered mail or receipted personal delivery the certificate
8of nomination or nomination papers and the original objector's
9petition to the chairman of the proper electoral board
10designated in Section 10-9 hereof, or his authorized agent, and
11shall transmit a copy by registered mail or receipted personal
12delivery of the objector's petition, to the candidate whose
13certificate of nomination or nomination papers are objected to,
14addressed to the place of residence designated in said
15certificate of nomination or nomination papers. In the case of
16objections to a petition for a proposed amendment to Article IV
17of the Constitution or for an advisory public question to be
18submitted to the voters of the entire State, the State Board of
19Elections shall note the day and hour upon which such
20objector's petition is filed and shall transmit a copy of the
21objector's petition by registered mail or receipted personal
22delivery to the person designated on a certificate attached to
23the petition as the principal proponent of such proposed
24amendment or public question, or as the proponents' attorney,
25for the purpose of receiving notice of objections. In the case
26of objections to a petition for a public question, to be

 

 

HB0439- 22 -LRB100 05372 MLM 15383 b

1submitted to the voters of a political subdivision, or district
2thereof, the election authority or local election official with
3whom such petition is filed shall note the day and hour upon
4which such objector's petition was filed, and shall, not later
5than 12:00 noon on the second business day after receipt of the
6petition, transmit by registered mail or receipted personal
7delivery the petition for the public question and the original
8objector's petition to the chairman of the proper electoral
9board designated in Section 10-9 hereof, or his authorized
10agent, and shall transmit a copy by registered mail or
11receipted personal delivery, of the objector's petition to the
12person designated on a certificate attached to the petition as
13the principal proponent of the public question, or as the
14proponent's attorney, for the purposes of receiving notice of
15objections.
16    The objector's petition shall give the objector's name and
17residence address, and shall state fully the nature of the
18objections to the certificate of nomination or nomination
19papers or petitions in question, and shall state the interest
20of the objector and shall state what relief is requested of the
21electoral board.
22    The provisions of this Section and of Sections 10-9, 10-10
23and 10-10.1 shall also apply to and govern objections to
24petitions for nomination filed under Article 7 or Article 8,
25except as otherwise provided in Section 7-13 for cases to which
26it is applicable, and also apply to and govern petitions for

 

 

HB0439- 23 -LRB100 05372 MLM 15383 b

1the submission of public questions under Article 28.
2    Notwithstanding any other provision of law to the contrary,
3any individual challenging the validity of petitions shall
4notify the applicable election authority when that individual
5files a challenge in court contesting the decision of that
6election authority.
7(Source: P.A. 98-691, eff. 7-1-14.)
 
8    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
9    Sec. 19-8. Time and place of counting ballots.
10    (a) (Blank.)
11    (b) Each vote by mail voter's ballot returned to an
12election authority, by any means authorized by this Article,
13and received by that election authority before the closing of
14the polls on election day shall be endorsed by the receiving
15election authority with the day and hour of receipt and may be
16processed by the election authority beginning on the day it is
17received by the election authority in the central ballot
18counting location of the election authority, but the results of
19the processing may not be counted until the day of the election
20after 7:00 p.m., except as provided in subsections (g) and
21(g-5).
22    (c) Each vote by mail voter's ballot that is mailed to an
23election authority and postmarked no later than election day,
24but that is received by the election authority after the polls
25close on election day and before the close of the period for

 

 

HB0439- 24 -LRB100 05372 MLM 15383 b

1counting provisional ballots cast at that election, shall be
2endorsed by the receiving authority with the day and hour of
3receipt and shall be counted at the central ballot counting
4location of the election authority during the period for
5counting provisional ballots.
6    Each vote by mail voter's ballot that is mailed to an
7election authority absent a postmark or a barcode usable with
8an intelligent mail barcode tracking system, but that is
9received by the election authority after the polls close on
10election day and before the close of the period for counting
11provisional ballots cast at that election, shall be endorsed by
12the receiving authority with the day and hour of receipt,
13opened to inspect the date inserted on the certification, and,
14if the certification date is election day or earlier and the
15ballot is otherwise found to be valid under the requirements of
16this Section, counted at the central ballot counting location
17of the election authority during the period for counting
18provisional ballots. Absent a date on the certification, the
19ballot shall not be counted.
20    If an election authority is using an intelligent mail
21barcode tracking system, a ballot that is mailed to an election
22authority absent a postmark may be counted if the intelligent
23mail barcode tracking system verifies the envelope was mailed
24no later than election day.
25    (d) Special write-in vote by mail voter's blank ballots
26returned to an election authority, by any means authorized by

 

 

HB0439- 25 -LRB100 05372 MLM 15383 b

1this Article, and received by the election authority at any
2time before the closing of the polls on election day shall be
3endorsed by the receiving election authority with the day and
4hour of receipt and shall be counted at the central ballot
5counting location of the election authority during the same
6period provided for counting vote by mail voters' ballots under
7subsections (b), (g), and (g-5). Special write-in vote by mail
8voter's blank ballots that are mailed to an election authority
9and postmarked no later than election day, but that are
10received by the election authority after the polls close on
11election day and before the closing of the period for counting
12provisional ballots cast at that election, shall be endorsed by
13the receiving authority with the day and hour of receipt and
14shall be counted at the central ballot counting location of the
15election authority during the same periods provided for
16counting vote by mail voters' ballots under subsection (c).
17    Notwithstanding any other provision of law to the contrary,
18votes by mail ballots may be processed as they arrive in the
19mail. Notwithstanding any other provision of law to the
20contrary, election authorities shall have more than 15 days to
21process vote by mail ballots.
22    (e) Except as otherwise provided in this Section, vote by
23mail voters' ballots and special write-in vote by mail voter's
24blank ballots received by the election authority after the
25closing of the polls on an election day shall be endorsed by
26the election authority receiving them with the day and hour of

 

 

HB0439- 26 -LRB100 05372 MLM 15383 b

1receipt and shall be safely kept unopened by the election
2authority for the period of time required for the preservation
3of ballots used at the election, and shall then, without being
4opened, be destroyed in like manner as the used ballots of that
5election.
6    (f) Counting required under this Section to begin on
7election day after the closing of the polls shall commence no
8later than 8:00 p.m. and shall be conducted by a panel or
9panels of election judges appointed in the manner provided by
10law. The counting shall continue until all vote by mail voters'
11ballots and special write-in vote by mail voter's blank ballots
12required to be counted on election day have been counted.
13    (g) The procedures set forth in Articles 17 and 18 of this
14Code shall apply to all ballots counted under this Section. In
15addition, within 2 days after a vote by mail ballot is
16received, but in all cases before the close of the period for
17counting provisional ballots, the election judge or official
18shall compare the voter's signature on the certification
19envelope of that vote by mail ballot with the signature of the
20voter on file in the office of the election authority. If the
21election judge or official determines that the 2 signatures
22match, and that the vote by mail voter is otherwise qualified
23to cast a vote by mail ballot, the election authority shall
24cast and count the ballot on election day or the day the ballot
25is determined to be valid, whichever is later, adding the
26results to the precinct in which the voter is registered. If

 

 

HB0439- 27 -LRB100 05372 MLM 15383 b

1the election judge or official determines that the signatures
2do not match, or that the vote by mail voter is not qualified
3to cast a vote by mail ballot, then without opening the
4certification envelope, the judge or official shall mark across
5the face of the certification envelope the word "Rejected" and
6shall not cast or count the ballot.
7    In addition to the voter's signatures not matching, a vote
8by mail ballot may be rejected by the election judge or
9official:
10        (1) if the ballot envelope is open or has been opened
11    and resealed;
12        (2) if the voter has already cast an early or grace
13    period ballot;
14        (3) if the voter voted in person on election day or the
15    voter is not a duly registered voter in the precinct; or
16        (4) on any other basis set forth in this Code.
17    If the election judge or official determines that any of
18these reasons apply, the judge or official shall mark across
19the face of the certification envelope the word "Rejected" and
20shall not cast or count the ballot.
21    (g-5) If a vote by mail ballot is rejected by the election
22judge or official for any reason, the election authority shall,
23within 2 days after the rejection but in all cases before the
24close of the period for counting provisional ballots, notify
25the vote by mail voter that his or her ballot was rejected. The
26notice shall inform the voter of the reason or reasons the

 

 

HB0439- 28 -LRB100 05372 MLM 15383 b

1ballot was rejected and shall state that the voter may appear
2before the election authority, on or before the 14th day after
3the election, to show cause as to why the ballot should not be
4rejected. The voter may present evidence to the election
5authority supporting his or her contention that the ballot
6should be counted. The election authority shall appoint a panel
7of 3 election judges to review the contested ballot,
8application, and certification envelope, as well as any
9evidence submitted by the vote by mail voter. No more than 2
10election judges on the reviewing panel shall be of the same
11political party. The reviewing panel of election judges shall
12make a final determination as to the validity of the contested
13vote by mail ballot. The judges' determination shall not be
14reviewable either administratively or judicially.
15    A vote by mail ballot subject to this subsection that is
16determined to be valid shall be counted before the close of the
17period for counting provisional ballots.
18    (g-10) All vote by mail ballots determined to be valid
19shall be added to the vote totals for the precincts for which
20they were cast in the order in which the ballots were opened.
21    (h) Each political party, candidate, and qualified civic
22organization shall be entitled to have present one pollwatcher
23for each panel of election judges therein assigned.
24(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
25    (10 ILCS 5/19A-10)

 

 

HB0439- 29 -LRB100 05372 MLM 15383 b

1    Sec. 19A-10. Permanent polling places for early voting.
2    (a) An election authority may establish permanent polling
3places for early voting by personal appearance at locations
4throughout the election authority's jurisdiction, including
5but not limited to a municipal clerk's office, a township
6clerk's office, a road district clerk's office, or a county or
7local public agency office. Any person entitled to vote early
8by personal appearance may do so at any polling place
9established for early voting.
10    (b) (Blank).
11    (c) During each general primary and general election, each
12election authority in a county with a population over 250,000
13shall establish at least one permanent polling place for early
14voting by personal appearance at a location within each of the
153 largest municipalities within its jurisdiction. If any of the
163 largest municipalities is over 80,000, the election authority
17shall establish at least 2 permanent polling places within the
18municipality. All population figures shall be determined by the
19federal census.
20    (d) During each general primary and general election, each
21board of election commissioners established under Article 6 of
22this Code in any city, village, or incorporated town with a
23population over 100,000 shall establish at least 2 permanent
24polling places for early voting by personal appearance. All
25population figures shall be determined by the federal census.
26    (e) During each general primary and general election, each

 

 

HB0439- 30 -LRB100 05372 MLM 15383 b

1election authority in a county with a population of over
2100,000 but under 250,000 persons shall establish at least one
3permanent polling place for early voting by personal
4appearance. The location for early voting may be the election
5authority's main office or another location designated by the
6election authority. The election authority may designate
7additional sites for early voting by personal appearance. All
8population figures shall be determined by the federal census.
9    (f) No permanent polling place required by this Section
10shall be located within 1.5 miles from another permanent
11polling place required by this Section, unless such permanent
12polling place is within a municipality with a population of
13500,000 or more.
14(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
15    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
16    Sec. 20-8. Time and place of counting ballots.
17    (a) (Blank.)
18    (b) Each vote by mail voter's ballot returned to an
19election authority, by any means authorized by this Article,
20and received by that election authority may be processed by the
21election authority beginning on the day it is received by the
22election authority in the central ballot counting location of
23the election authority, but the results of the processing may
24not be counted until the day of the election after 7:00 p.m.,
25except as provided in subsections (g) and (g-5).

 

 

HB0439- 31 -LRB100 05372 MLM 15383 b

1    (c) Each vote by mail voter's ballot that is mailed to an
2election authority and postmarked no later than election day,
3but that is received by the election authority after the polls
4close on election day and before the close of the period for
5counting provisional ballots cast at that election, shall be
6endorsed by the receiving authority with the day and hour of
7receipt and shall be counted at the central ballot counting
8location of the election authority during the period for
9counting provisional ballots.
10    Each vote by mail voter's ballot that is mailed to an
11election authority absent a postmark or a barcode usable with
12an intelligent mail barcode tracking system, but that is
13received by the election authority after the polls close on
14election day and before the close of the period for counting
15provisional ballots cast at that election, shall be endorsed by
16the receiving authority with the day and hour of receipt,
17opened to inspect the date inserted on the certification, and,
18if the certification date is election day or earlier and the
19ballot is otherwise found to be valid under the requirements of
20this Section, counted at the central ballot counting location
21of the election authority during the period for counting
22provisional ballots. Absent a date on the certification, the
23ballot shall not be counted.
24    If an election authority is using an intelligent mail
25barcode tracking system, a ballot that is mailed to an election
26authority absent a postmark may be counted if the intelligent

 

 

HB0439- 32 -LRB100 05372 MLM 15383 b

1mail barcode tracking system verifies the envelope was mailed
2no later than election day.
3    (d) Special write-in vote by mail voter's blank ballots
4returned to an election authority, by any means authorized by
5this Article, and received by the election authority at any
6time before the closing of the polls on election day shall be
7endorsed by the receiving election authority with the day and
8hour of receipt and shall be counted at the central ballot
9counting location of the election authority during the same
10period provided for counting vote by mail voters' ballots under
11subsections (b), (g), and (g-5). Special write-in vote by mail
12voter's blank ballot that are mailed to an election authority
13and postmarked no later than election day, but that are
14received by the election authority after the polls close on
15election day and before the closing of the period for counting
16provisional ballots cast at that election, shall be endorsed by
17the receiving authority with the day and hour of receipt and
18shall be counted at the central ballot counting location of the
19election authority during the same periods provided for
20counting vote by mail voters' ballots under subsection (c).
21    Notwithstanding any other provision of law to the contrary,
22votes by mail ballots may be processed as they arrive in the
23mail. Notwithstanding any other provision of law to the
24contrary, election authorities shall have more than 15 days to
25process vote by mail ballots.
26    (e) Except as otherwise provided in this Section, vote by

 

 

HB0439- 33 -LRB100 05372 MLM 15383 b

1mail voters' ballots and special write-in vote by mail voter's
2blank ballots received by the election authority after the
3closing of the polls on the day of election shall be endorsed
4by the person receiving the ballots with the day and hour of
5receipt and shall be safely kept unopened by the election
6authority for the period of time required for the preservation
7of ballots used at the election, and shall then, without being
8opened, be destroyed in like manner as the used ballots of that
9election.
10    (f) Counting required under this Section to begin on
11election day after the closing of the polls shall commence no
12later than 8:00 p.m. and shall be conducted by a panel or
13panels of election judges appointed in the manner provided by
14law. The counting shall continue until all vote by mail voters'
15ballots and special write-in vote by mail voter's blank ballots
16required to be counted on election day have been counted.
17    (g) The procedures set forth in Articles 17 and 18 of this
18Code shall apply to all ballots counted under this Section. In
19addition, within 2 days after a ballot subject to this Article
20is received, but in all cases before the close of the period
21for counting provisional ballots, the election judge or
22official shall compare the voter's signature on the
23certification envelope of that ballot with the signature of the
24voter on file in the office of the election authority. If the
25election judge or official determines that the 2 signatures
26match, and that the voter is otherwise qualified to cast a

 

 

HB0439- 34 -LRB100 05372 MLM 15383 b

1ballot under this Article, the election authority shall cast
2and count the ballot on election day or the day the ballot is
3determined to be valid, whichever is later, adding the results
4to the precinct in which the voter is registered. If the
5election judge or official determines that the signatures do
6not match, or that the voter is not qualified to cast a ballot
7under this Article, then without opening the certification
8envelope, the judge or official shall mark across the face of
9the certification envelope the word "Rejected" and shall not
10cast or count the ballot.
11    In addition to the voter's signatures not matching, a
12ballot subject to this Article may be rejected by the election
13judge or official:
14        (1) if the ballot envelope is open or has been opened
15    and resealed;
16        (2) if the voter has already cast an early or grace
17    period ballot;
18        (3) if the voter voted in person on election day or the
19    voter is not a duly registered voter in the precinct; or
20        (4) on any other basis set forth in this Code.
21    If the election judge or official determines that any of
22these reasons apply, the judge or official shall mark across
23the face of the certification envelope the word "Rejected" and
24shall not cast or count the ballot.
25    (g-5) If a ballot subject to this Article is rejected by
26the election judge or official for any reason, the election

 

 

HB0439- 35 -LRB100 05372 MLM 15383 b

1authority shall, within 2 days after the rejection but in all
2cases before the close of the period for counting provisional
3ballots, notify the voter that his or her ballot was rejected.
4The notice shall inform the voter of the reason or reasons the
5ballot was rejected and shall state that the voter may appear
6before the election authority, on or before the 14th day after
7the election, to show cause as to why the ballot should not be
8rejected. The voter may present evidence to the election
9authority supporting his or her contention that the ballot
10should be counted. The election authority shall appoint a panel
11of 3 election judges to review the contested ballot,
12application, and certification envelope, as well as any
13evidence submitted by the vote by mail voter. No more than 2
14election judges on the reviewing panel shall be of the same
15political party. The reviewing panel of election judges shall
16make a final determination as to the validity of the contested
17ballot. The judges' determination shall not be reviewable
18either administratively or judicially.
19    A ballot subject to this subsection that is determined to
20be valid shall be counted before the close of the period for
21counting provisional ballots.
22    (g-10) All ballots determined to be valid shall be added to
23the vote totals for the precincts for which they were cast in
24the order in which the ballots were opened.
25    (h) Each political party, candidate, and qualified civic
26organization shall be entitled to have present one pollwatcher

 

 

HB0439- 36 -LRB100 05372 MLM 15383 b

1for each panel of election judges therein assigned.
2(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.