SB0282sam001 103RD GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/23/2023

10300SB0282sam001 LRB103 25683 BMS 59847 a

AMENDMENT TO SENATE BILL 282

AMENDMENT NO. ______. Amend Senate Bill 282 by replacing everything after the enacting clause with the following:

"Section 5. The Election Code is amended by changing Section 19-2.6 and by adding Section 20-16 as follows:

(10 ILCS 5/19-2.6)

Sec. 19-2.6. Vote by mail; voters with a print disability.

(a) Definitions. As used in this Section, unless the context otherwise requires:

"Assistive technology" means any equipment, software, or product used to increase, maintain, or improve the functional capabilities of individuals with disabilities, including, but not limited to, screen reading and magnification software, refreshable Braille displays, and speech recognition programs.

"Certified remote accessible vote by mail system" means, for elections that occur before the 2024 primary election, a process approved by the State Board of Elections through which an election authority provides for the electronic transmission of a vote by mail ballot to a voter with a print disability and through which the voter with a print disability marks and verifies the voter's ballot using assistive technology. "Certified remote accessible vote by mail system" means, for the 2024 primary election and all subsequent elections, a process approved by the State Board of Elections through which an election authority provides for the electronic transmission of a vote by mail ballot to a voter with a print disability and through which the voter with a print disability marks, verifies, and returns the voter's ballot to the election authority electronically using assistive technology.

"Electronic transmission" means the transfer of data or information through an authorized electronic data interchange system.

"Voter with a print disability" means a person having a temporary or permanent physical or mental impairment, such as blindness, low vision, physical dexterity limitations, or learning or cognitive disabilities, that prevents the person from effective reading, writing, or use of printed material.

(b) The State Board of Elections shall provide a certified remote accessible vote by mail system for the General Election of November 8, 2022 and all subsequent elections that occur before the 2024 primary election, through which a vote by mail ballot can be delivered by electronic transmission to voters with print disabilities and through which voters with print disabilities are able to mark and verify their ballots using assistive technology.

(c) For the November 8, 2022 general election and all subsequent elections that occur before the 2024 primary election, election Election authorities shall permit voters with a print disability to receive and mark their vote by mail ballots (i) through the certified remote accessible vote by mail system provided by the State Board of Elections pursuant to subsection (b) of this Section or (ii) through a certified remote accessible vote by mail system provided by the election authority.

(d) If a vote by mail ballot application from a voter with a print disability arrives after the jurisdiction begins transmitting vote by mail ballots and instructions to voters, the election authority shall electronically transmit the ballot, instructions, and balloting materials to the voter within two business days after receipt of the application.

(e) Ballots received and marked pursuant to subsections (b) and (c) of this Section must be printed by the voter and returned to the election authority as provided in Section 19-6.

(f) For the 2024 primary election and all subsequent elections, the State Board of Elections shall provide a certified remote accessible vote by mail system through which an election authority can deliver a vote by mail ballot through electronic transmission to voters with a print disability and through which voters with a print disability can mark, verify, and return a vote by mail ballot to the election authority electronically.

(g) To ensure that voters with a print disability are able to complete all aspects of the vote by mail process privately and independently, the State Board of Elections shall establish a method that allows voters with a print disability to electronically authenticate a vote by mail ballot without assistance and election authorities shall use that method of authentication.

(h) All electronic documents and web pages that must be used as part of the certified remote accessible vote by mail system provided by the State Board of Elections or election authorities shall be compliant with the Web Content Accessibility Guidelines 2.1 Level AA standards and updated as necessary to comply with any subsequent Web Content Accessibility Guidelines standards.

(i) (f) The State Board of Elections shall adopt rules, including emergency rules, necessary for the implementation of this Section. The State Board of Elections' adopted rules shall include certification standards for a remote accessible vote by mail system and a method subject to the provisions in Sections 19-2 and 19-3 of this Article by which a voter with a print disability may request to use a certified remote accessible vote by mail system and apply for an accessible vote by mail ballot.

(Source: P.A. 102-819, eff. 5-13-22.)

(10 ILCS 5/20-16 new)

Sec. 20-16. Certified remote accessible vote by mail system. An election authority shall provide a certified remote accessible vote by mail system that complies with Section 19-2.6, or use the certified remote accessible vote by mail system provided by the State Board of Elections under Section 19-2.6, through which a vote by mail ballot can be delivered by electronic transmission to any voter eligible to receive a vote by mail ballot under this Article and through which a voter can mark, verify, and return a vote by mail ballot to the election authority electronically. The certified remote accessible vote by mail system shall comply with the requirements of Section 19-2.6, except subsection (h) of Section 19-2.6.

Section 99. Effective date. This Act takes effect January 1, 2024.".