99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5743

 

Introduced , by Rep. Sheri L Jesiel

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/20-2  from Ch. 46, par. 20-2
10 ILCS 5/20-2.1  from Ch. 46, par. 20-2.1
10 ILCS 5/20-2.2  from Ch. 46, par. 20-2.2
10 ILCS 5/20-2.3  from Ch. 46, par. 20-2.3
10 ILCS 5/20-3  from Ch. 46, par. 20-3

    Amends the Election Code. Provides that military ballots must be returned postmarked no later than election day. Effective immediately.


LRB099 16325 MGM 40656 b

 

 

A BILL FOR

 

HB5743LRB099 16325 MGM 40656 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 20-2, 20-2.1, 20-2.2, 20-2.3, and 20-3 as follows:
 
6    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
7    Sec. 20-2. Any member of the United States Service,
8otherwise qualified to vote, who expects in the course of his
9duties to be absent from the county in which he resides on the
10day of holding any election may make application for a vote by
11mail ballot to the election authority having jurisdiction over
12his precinct of residence on the official postcard or on a form
13furnished by the election authority as prescribed by Section
1420-3 of this Article not less than 10 days before the election.
15A request pursuant to this Section shall entitle the applicant
16to a vote by mail ballot for every election in one calendar
17year. The original application for ballot shall be kept in the
18office of the election authority for one year as authorization
19to send a ballot to the voter for each election to be held
20within that calendar year. A certified copy of such application
21for ballot shall be sent each election with the vote by mail
22ballot to the election authority's central ballot counting
23location to be used in lieu of the original application for

 

 

HB5743- 2 -LRB099 16325 MGM 40656 b

1ballot. No registration shall be required in order to vote
2pursuant to this Section.
3    Ballots under this Section shall be mailed by the election
4authority in the manner prescribed by Section 20-5 of this
5Article and not otherwise. Ballots voted under this Section
6must be returned postmarked no later than midnight preceding
7election day and received for counting at the central ballot
8counting location of the election authority during the period
9for counting provisional ballots, the last day of which is the
1014th day following election day.
11(Source: P.A. 98-1171, eff. 6-1-15.)
 
12    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
13    Sec. 20-2.1. Citizens of the United States temporarily
14residing outside the territorial limits of the United States
15who are not registered but otherwise qualified to vote and who
16expect to be absent from their county of residence during the
17periods of voter registration provided for in Articles 4, 5 or
186 of this Code and on the day of holding any election, may make
19simultaneous application to the election authority having
20jurisdiction over their precinct of residence for registration
21by mail and vote by mail ballot not less than 30 days before
22the election. Such application may be made on the official
23postcard or on a form furnished by the election authority as
24prescribed by Section 20-3 of this Article or by facsimile or
25electronic transmission. A request pursuant to this Section

 

 

HB5743- 3 -LRB099 16325 MGM 40656 b

1shall entitle the applicant to a vote by mail ballot for every
2election in one calendar year. The original application for
3ballot shall be kept in the office of the election authority
4for one year as authorization to send a ballot to the voter for
5each election to be held within that calendar year. A certified
6copy of such application for ballot shall be sent each election
7with the vote by mail ballot to the election authority's
8central ballot counting location to be used in lieu of the
9original application for ballot.
10    Registration shall be required in order to vote pursuant to
11this Section. However, if the election authority receives one
12of such applications after 30 days but not less than 10 days
13before a Federal election, said applicant shall be sent a
14ballot containing the Federal offices only and registration for
15that election shall be waived.
16    Ballots under this Section shall be delivered by the
17election authority in the manner prescribed by Section 20-5 of
18this Article in person, by mail, or, if requested by the
19applicant and the election authority has the capability, by
20facsimile transmission or by electronic transmission.
21    Ballots voted under this Section must be returned
22postmarked no later than midnight preceding election day and
23received for counting at the central ballot counting location
24of the election authority during the period for counting
25provisional ballots, the last day of which is the 14th day
26following election day.

 

 

HB5743- 4 -LRB099 16325 MGM 40656 b

1(Source: P.A. 98-1171, eff. 6-1-15.)
 
2    (10 ILCS 5/20-2.2)  (from Ch. 46, par. 20-2.2)
3    Sec. 20-2.2. Any non-resident civilian citizen, otherwise
4qualified to vote, may make application to the election
5authority having jurisdiction over his precinct of former
6residence for a vote by mail ballot containing the Federal
7offices only not less than 10 days before a Federal election.
8Such application may be made on the official postcard or by
9facsimile or electronic transmission. A request pursuant to
10this Section shall entitle the applicant to a vote by mail
11ballot for every election in one calendar year at which Federal
12offices are filled. The original application for ballot shall
13be kept in the office of the election authority for one year as
14authorization to send a ballot to the voter for each election
15to be held within that calendar year at which Federal offices
16are filled. A certified copy of such application for ballot
17shall be sent each election with the vote by mail ballot to the
18election authority's central ballot counting location to be
19used in lieu of the original application for ballot. No
20registration shall be required in order to vote pursuant to
21this Section. Ballots under this Section shall be delivered by
22the election authority in the manner prescribed by Section 20-5
23of this Article in person, by mail, or, if requested by the
24applicant and the election authority has the capability, by
25facsimile transmission or by electronic transmission. Ballots

 

 

HB5743- 5 -LRB099 16325 MGM 40656 b

1voted under this Section must be returned postmarked no later
2than midnight preceding election day and received for counting
3at the central ballot counting location of the election
4authority during the period for counting provisional ballots,
5the last day of which is the 14th day following election day.
6(Source: P.A. 98-1171, eff. 6-1-15.)
 
7    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
8    Sec. 20-2.3. Members of the Armed Forces and their spouses
9and dependents. Any member of the United States Armed Forces
10while on active duty, and his or her spouse and dependents,
11otherwise qualified to vote, who expects in the course of his
12or her duties to be absent from the county in which he or she
13resides on the day of holding any election, in addition to any
14other method of making application for vote by mail ballot
15under this Article, may make application for a vote by mail
16ballot to the election authority having jurisdiction over his
17or her precinct of residence by a facsimile machine or
18electronic transmission not less than 10 days before the
19election.
20    Ballots under this Section shall be delivered by the
21election authority in the manner prescribed by Section 20-5 of
22this Article in person, by mail, or, if requested by the
23applicant and the election authority has the capability, by
24facsimile transmission or by electronic transmission. Ballots
25voted under this Section must be returned postmarked no later

 

 

HB5743- 6 -LRB099 16325 MGM 40656 b

1than midnight preceding election day and received for counting
2at the central ballot counting location of the election
3authority during the period for counting provisional ballots,
4the last day of which is the 14th day following election day.
5(Source: P.A. 98-1171, eff. 6-1-15.)
 
6    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
7    Sec. 20-3. The election authority shall furnish the
8following applications for registration by mail or vote by mail
9ballot which shall be considered a method of application in
10lieu of the official postcard.
11    1. Members of the United States Service, citizens of the
12United States temporarily residing outside the territorial
13limits of the United States, and certified program participants
14under the Address Confidentiality for Victims of Domestic
15Violence Act may make application within the periods prescribed
16in Sections 20-2 or 20-2.1, as the case may be. Such
17application shall be substantially in the following form:
18
"APPLICATION FOR BALLOT
19    To be voted at the............ election in the precinct in
20which is located my residence at..............., in the
21city/village/township of ............(insert home address)
22County of........... and State of Illinois.
23    I state that I am a citizen of the United States; that on
24(insert date of election) I shall have resided in the State of
25Illinois and in the election precinct for 30 days; that on the

 

 

HB5743- 7 -LRB099 16325 MGM 40656 b

1above date I shall be the age of 18 years or above; that I am
2lawfully entitled to vote in such precinct at that election;
3that I am (check category 1, 2, or 3 below):
4    1.  ( ) a member of the United States Service,
5    2.  ( ) a citizen of the United States temporarily residing
6outside the territorial limits of the United States and that I
7expect to be absent from the said county of my residence on the
8date of holding such election, and that I will have no
9opportunity to vote in person on that day.
10    3.  ( ) a certified program participant under the Address
11Confidentiality for Victims of Domestic Violence Act.
12    I hereby make application for an official ballot or ballots
13to be voted by me at such election if I am absent from the said
14county of my residence, and I agree that I shall return said
15ballot or ballots to the election authority postmarked no later
16than midnight preceding election day, for counting no later
17than during the period for counting provisional ballots, the
18last day of which is the 14th day following election day or
19shall destroy said ballot or ballots.
20    (Check below only if category 2 or 3 and not previously
21registered)
22    (  ) I hereby make application to become registered as a
23voter and agree to return the forms and affidavits for
24registration to the election authority not later than 30 days
25before the election.
26    Under penalties as provided by law pursuant to Article 29

 

 

HB5743- 8 -LRB099 16325 MGM 40656 b

1of The Election Code, the undersigned certifies that the
2statements set forth in this application are true and correct.
3
.........................
4    Post office address or service address to which
5registration materials or ballot should be mailed
6
.........................
7
.........................
8
.........................
9
........................"
10    If application is made for a primary election ballot, such
11application shall designate the name of the political party
12with which the applicant is affiliated.
13    Such applications may be obtained from the election
14authority having jurisdiction over the person's precinct of
15residence.
16    2. A spouse or dependent of a member of the United States
17Service, said spouse or dependent being a registered voter in
18the county, may make application on behalf of said person in
19the office of the election authority within the periods
20prescribed in Section 20-2 which shall be substantially in the
21following form:
22"APPLICATION FOR BALLOT to be voted at the........... election
23in the precinct in which is located the residence of the person
24for whom this application is made at.............(insert
25residence address) in the city/village/township of.........
26County of.......... and State of Illinois.

 

 

HB5743- 9 -LRB099 16325 MGM 40656 b

1    I certify that the following named person................
2(insert name of person) is a member of the United States
3Service.
4    I state that said person is a citizen of the United States;
5that on (insert date of election) said person shall have
6resided in the State of Illinois and in the election precinct
7for which this application is made for 30 days; that on the
8above date said person shall be the age of 18 years or above;
9that said person is lawfully entitled to vote in such precinct
10at that election; that said person is a member of the United
11States Service, and that in the course of his duties said
12person expects to be absent from his county of residence on the
13date of holding such election, and that said person will have
14no opportunity to vote in person on that day.
15    I hereby make application for an official ballot or ballots
16to be voted by said person at such election and said person
17agrees that he shall return said ballot or ballots to the
18election authority postmarked no later than midnight preceding
19election day, for counting no later than during the period for
20counting provisional ballots, the last day of which is the 14th
21day following election day, or shall destroy said ballot or
22ballots.
23    I hereby certify that I am the (mother, father, sister,
24brother, husband or wife) of the said elector, and that I am a
25registered voter in the election precinct for which this
26application is made. (Strike all but one that is applicable.)

 

 

HB5743- 10 -LRB099 16325 MGM 40656 b

1    Under penalties as provided by law pursuant to Article 29
2of The Election Code, the undersigned certifies that the
3statements set forth in this application are true and correct.
4
Name of applicant ......................
5
Residence address ........................
6
City/village/township........................
7    Service address to which ballot should be mailed:
8
.........................
9
.........................
10
.........................
11
........................"
12    If application is made for a primary election ballot, such
13application shall designate the name of the political party
14with which the person for whom application is made is
15affiliated.
16    Such applications may be obtained from the election
17authority having jurisdiction over the voting precinct in which
18the person for whom application is made is entitled to vote.
19(Source: P.A. 98-1171, eff. 6-1-15.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.