SB3220 103RD GENERAL ASSEMBLY

LRB103 39255 SPS 69407 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3220

Introduced 2/6/2024, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-2	from Ch. 46, par. 19-2
10 ILCS 5/19-2.6
10 ILCS 5/19-3	from Ch. 46, par. 19-3
10 ILCS 5/20-16 new

Amends the Election Code. Provides that, if a voter with a print disability's application for permanent vote by mail status is accepted by the election authority and the voter with a print disability requested an accessible vote by mail ballot, the voter with a print disability shall receive an accessible vote by mail ballot for every election the voter with a print disability remains on the permanent vote by mail list. Provides that, for all elections subsequent to the 2024 general election, 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 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. Provides that 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 specified web content guidelines. Provides that the certified remote accessible vote by mail system shall comply with specified requirements. Changes the definition of "certified remote accessible vote by mail system". Makes other changes. Effective January 1, 2025.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 19-2, 19-2.6, and 19-3 and by adding Section 20-16 as follows:

(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)

Sec. 19-2. Except as otherwise provided in this Code, any elector as defined in Section 19-1 may by mail or electronically on the website of the appropriate election authority, not more than 90 nor less than 5 days prior to the date of such election, or by personal delivery not more than 90 nor less than one day prior to the date of such election, make application to the county clerk or to the Board of Election Commissioners for an official ballot for the voter's precinct to be voted at such election. Such a ballot shall be delivered to the elector only upon separate application by the elector for each election. Voters who make an application for permanent vote by mail ballot status shall follow the procedures specified in Section 19-3 and may apply year round. Voters whose application for permanent vote by mail status is accepted by the election authority shall remain on the permanent vote by mail list until the voter requests to be removed from permanent vote by mail status, the voter provides notice to the election authority of a change in registration that affects their registration status, or the election authority receives confirmation that the voter has subsequently registered to vote in another election authority jurisdiction. If a voter with a print disability's application for permanent vote by mail status is accepted by the election authority and the voter with a print disability requested an accessible vote by mail ballot under Section 19-2.6, the voter with a print disability shall receive an accessible vote by mail ballot for every election the voter with a print disability remains on the permanent vote by mail list. The URL address at which voters may electronically request a vote by mail ballot shall be fixed no later than 90 calendar days before an election and shall not be changed until after the election.

(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)

(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 general 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 all elections subsequent to the 2024 general 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, 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 general 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 on or before the 2024 general 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 all elections subsequent to the 2024 general election, 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 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 A 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 5/19-3) (from Ch. 46, par. 19-3)

Sec. 19-3. Application for a vote by mail ballot.

(a) The application for a vote by mail ballot for a single election 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.

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to vote at the .... election to be held on ....; and that I wish to vote by mail.

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: ...............

(a-5) The application for a single vote by mail ballot transmitted electronically pursuant to Section 19-2.6 shall be substantively similar to the application for a vote by mail ballot for a single election and shall include:

I swear or affirm that I am a voter with a print disability, and, as a result of this disability, I am making a request to receive a vote by mail ballot electronically so that I may privately and independently mark, verify, and print my vote by mail ballot.

(b) The application for permanent vote by mail status shall be substantially in the following form:

APPLICATION FOR PERMANENT VOTE BY MAIL STATUS

I am currently a registered voter and wish to apply for permanent vote by mail status.

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to vote at the .... election to be held on ....; and that I wish to vote by mail in:

..... all subsequent elections that do not require a party designation.

..... all subsequent elections, and I wish to receive a ................... Party vote by mail ballot in elections that require a party designation.

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.

Under penalties as provided by law under Section 29-10 of the Election Code, the undersigned certifies that the statements set forth in this application are true and correct.

....

Post office address to which ballot is mailed: ...............

(b-5) The application for permanent vote by mail ballots transmitted electronically pursuant to Section 19-2.6 shall be substantively similar to the application for permanent vote by mail status and shall include:

I swear or affirm that I am a voter with a non-temporary print disability, and as a result of this disability, I am making a request to receive vote by mail ballots electronically so that I may privately and independently mark, verify, and print my vote by mail ballots.

(c) 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. The election authority shall allow any voter on permanent vote by mail status to change his or her party affiliation for a primary election ballot by a method and deadline published and selected by the election authority.

(d) If application is made electronically, the applicant shall mark the box associated with the above described statement included as part of the online application certifying that the statements set forth in the application under subsection (a) or (b) are true and correct, and a signature is not required.

(e) Any person may produce, reproduce, distribute, or return to an election authority an application under this Section. 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 under this Section submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant.

(f) An election authority may combine the applications in subsections (a) and (b) onto one form, but the distinction between the applications must be clear and the form must provide check boxes for an applicant to indicate whether he or she is applying for a single election vote by mail ballot or for permanent vote by mail status.

(g) For all elections subsequent to the 2024 general election, the application shall provide an applicant with a print disability the ability to designate on the application that the voter has a print disability and is requesting an accessible vote by mail ballot under Section 19-2.6.

(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)

(10 ILCS 5/20-16 new)

Sec. 20-16. Certified remote accessible vote by mail system. 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 for subsection (h) of that Section, unless the voter is a voter with a print disability.

Section 99. Effective date. This Act takes effect January 1, 2025.