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Public Act 100-0623
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| SB2651 Enrolled | LRB100 17081 RJF 32232 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by adding Sections |
1-17 and 1A-55 and by changing Sections 1A-8 and 19-3 as |
follows:
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(10 ILCS 5/1-17 new) |
Sec. 1-17. Election authority voting equipment |
information. Every 2 years, each election authority shall |
submit information on the voting equipment used within the |
jurisdiction of the election authority to the State Board of |
Elections. The information must include: |
(1) the age and functionality of each item of voting |
equipment; and |
(2) a formal letter containing a general description of |
the status of the voting equipment, the election |
authority's perceived need for new voting equipment, and |
the costs associated with obtaining new equipment. |
Each election authority must publish the information submitted |
under this Section online.
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(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
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Sec. 1A-8. The State Board of Elections shall exercise the |
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following
powers and perform the following duties in addition |
to any powers or duties
otherwise provided for by law:
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(1) Assume all duties and responsibilities of the State |
Electoral Board
and the Secretary of State as heretofore |
provided in this Code Act;
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(2) Disseminate information to and consult with |
election authorities
concerning the conduct of elections |
and registration in accordance with the
laws of this State |
and the laws of the United States;
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(3) Furnish to each election authority prior to each |
primary and general
election and any other election it |
deems necessary, a manual of uniform
instructions |
consistent with the provisions of this Code Act which shall |
be used
by election authorities in the preparation of the |
official manual of
instruction to be used by the judges of |
election in any such election. In
preparing such manual, |
the State Board shall consult with representatives
of the |
election authorities throughout the State. The State Board |
may
provide separate portions of the uniform instructions |
applicable to
different election jurisdictions which |
administer elections under different
options provided by |
law. The State Board may by regulation require
particular |
portions of the uniform instructions to be included in any
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official manual of instructions published by election |
authorities. Any
manual of instructions published by any |
election authority shall be
identical with the manual of |
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uniform instructions issued by the Board, but
may be |
adapted by the election authority to accommodate special or |
unusual
local election problems, provided that all manuals |
published by election
authorities must be consistent with |
the provisions of this Code Act in all
respects and must |
receive the approval of the State Board of Elections
prior |
to publication; provided further that if the State Board |
does not
approve or disapprove of a proposed manual within |
60 days of its
submission, the manual shall be deemed |
approved.
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(4) Prescribe and require the use of such uniform |
forms, notices, and
other supplies not inconsistent with |
the provisions of this Code Act as it shall
deem advisable |
which shall be used by election authorities in the conduct
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of elections and registrations;
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(5) Prepare and certify the form of ballot for any |
proposed amendment to
the Constitution of the State of |
Illinois, or any referendum to be
submitted to the electors |
throughout the State or, when required to do so
by law, to |
the voters of any area or unit of local government of the |
State;
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(6) Require such statistical reports regarding the |
conduct of elections
and registration from election |
authorities as may be deemed necessary;
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(7) Review and inspect procedures and records relating |
to conduct of
elections and registration as may be deemed |
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necessary, and to report
violations of election laws to the |
appropriate State's Attorney or the Attorney General;
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(8) Recommend to the General Assembly legislation to |
improve the
administration of elections and registration;
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(9) Adopt, amend or rescind rules and regulations in |
the performance of
its duties provided that all such rules |
and regulations must be consistent
with the provisions of |
this Article 1A or issued pursuant to authority
otherwise |
provided by law;
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(10) Determine the validity and sufficiency of |
petitions filed under
Article XIV, Section 3, of the |
Constitution of the State of Illinois of 1970;
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(11) Maintain in its principal office a research |
library that includes,
but is not limited to, abstracts of |
votes by precinct for general primary
elections and general |
elections, current precinct maps and current precinct
poll |
lists from all election jurisdictions within the State. The |
research
library shall be open to the public during regular |
business hours. Such
abstracts, maps and lists shall be |
preserved as permanent records and shall
be available for |
examination and copying at a reasonable cost;
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(12) Supervise the administration of the registration |
and election laws
throughout the State;
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(13) Obtain from the Department of Central Management |
Services,
under Section 405-250 of the Department of |
Central Management
Services Law (20 ILCS 405/405-250),
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such use
of electronic data processing equipment as may be |
required to perform the
duties of the State Board of |
Elections and to provide election-related
information to |
candidates, public and party officials, interested civic
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organizations and the general public in a timely and |
efficient manner;
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(14) To take such action as may be necessary or |
required to give
effect to directions of the national |
committee or State central committee of an established
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political party under Sections 7-8, 7-11, and 7-14.1 or |
such other
provisions as may be applicable pertaining to |
the selection of delegates
and alternate delegates to an |
established political party's national
nominating |
conventions or, notwithstanding any candidate |
certification
schedule contained within this the Election |
Code, the certification of the
Presidential and Vice
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Presidential candidate selected by the established |
political party's national nominating
convention;
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(15) To post all early voting sites separated by |
election authority and hours of operation on its website at |
least 5 business days before the period for early voting |
begins; and |
(16) To post on its website the statewide totals, and |
totals separated by each election authority, for each of |
the counts received pursuant to Section 1-9.2; and . |
(17) To post on its website, in a downloadable format, |
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the information received from each election authority |
under Section 1-17. |
The Board may by regulation delegate any of its duties or
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functions under this Article, except that final determinations |
and orders
under this Article shall be issued only by the |
Board.
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The requirement for reporting to the General Assembly shall |
be satisfied
by filing copies of the report with the Speaker, |
the Minority Leader, and
the Clerk of the House of |
Representatives, and the President, the Minority
Leader, and |
the Secretary of the Senate, and the Legislative Research
Unit, |
as required by Section 3.1 of the General Assembly Organization |
Act "An Act to revise the law in relation
to the General |
Assembly", approved February 25, 1874, as amended, and
filing |
such additional copies with the State Government Report |
Distribution
Center for the General Assembly as is required |
under paragraph (t) of
Section 7 of the State Library Act.
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(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
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(10 ILCS 5/1A-55 new) |
Sec. 1A-55. Cyber security efforts. The Board shall adopt |
rules, after at least 2 public hearings of the Board and in |
consultation with election authorities, establishing a cyber |
navigator program to support election authorities' efforts to |
defend against cyber breaches and detect and recover from cyber |
attacks. The rules shall include the Board's plan to allocate |
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any resources received in accordance with the federal Help |
America Vote Act and provide that no less than half of any |
funds received under the federal Help America Vote Act shall be |
allocated to the cyber navigator program. The cyber navigator |
program shall be designed to provide equal support to all |
elections authorities with some modifications allowable based |
on need. The remaining half of the federal Help America Vote |
Act funds shall be distributed as the Board sees fit, but no |
grants may be made to election authorities that do not |
participate in the cyber navigator program managed by the |
Board.
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(10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
Sec. 19-3. The
application for vote by mail ballot shall be |
substantially in the
following form: |
APPLICATION FOR VOTE BY MAIL BALLOT |
To be voted at the .... election in the County of .... and |
State of
Illinois, in the .... precinct of the (1) *township of |
.... (2) *City of
.... or (3) *.... ward in the City of .... |
I state that I am a resident of the .... precinct of the |
(1)
*township of .... (2) *City of .... or (3) *.... ward in |
the city of
.... residing at .... in such city or town in the |
county of .... and
State of Illinois; that I have lived at such |
address for .... month(s)
last past; that I am lawfully |
entitled to vote in such precinct at the
.... election to be |
held therein on ....; and that I wish to vote by vote by mail |
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ballot. |
I hereby make application for an official ballot or ballots |
to be
voted by me at such election, and I agree that I shall |
return such ballot or ballots to the
official issuing the same |
prior to the closing of the polls on the date
of the election |
or, if returned by mail, postmarked no later than election day, |
for counting no later than during the period for counting |
provisional ballots, the last day of which is the 14th day |
following election day. |
I understand that this application is made for an official |
vote by mail ballot or ballots to be voted by me at the |
election specified in this application and that I must submit a |
separate application for an official vote by mail ballot or |
ballots to be voted by me at any subsequent election. |
Under penalties as provided by law pursuant to Section |
29-10 of the
Election Code, the undersigned certifies that the |
statements set forth
in this application are true and correct. |
.... |
*fill in either (1), (2) or (3). |
Post office address to which ballot is mailed: |
| ............... |
However, if application is made for a primary election |
ballot, such
application shall require the applicant to |
designate the name of the political party with which
the |
applicant is affiliated. |
If application is made electronically, the applicant shall |
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mark the box associated with the above described statement |
included as part of the online application certifying that the |
statements set forth in this application are true and correct, |
and a signature is not required. |
Any person may produce, reproduce, distribute, or return to |
an election authority the application for vote by mail ballot. |
If applications are sent to a post office box controlled by any |
individual or organization that is not an election authority, |
those applications shall (i) include a valid and current phone |
number for the individual or organization controlling the post |
office box and (ii) be turned over to the appropriate election |
authority within 7 days of receipt or, if received within 2 |
weeks of the election in which an applicant intends to vote, |
within 2 days of receipt. Failure to turn over the applications |
in compliance with this paragraph shall constitute a violation |
of this Code and shall be punishable as a petty offense with a |
fine of $100 per application. Removing, tampering with, or |
otherwise knowingly making the postmark on the application |
unreadable by the election authority shall establish a |
rebuttable presumption of a violation of this paragraph. Upon |
receipt, the appropriate election authority shall accept and |
promptly process any application for vote by mail ballot |
submitted in a form substantially similar to that required by |
this Section, including any substantially similar production |
or reproduction generated by the applicant. |
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; |