103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4198

 

Introduced 10/25/2023, by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-2.5
10 ILCS 5/19-4  from Ch. 46, par. 19-4

    Amends the Election Code. Provides that an election authority may elect to mail a vote by mail ballot to all qualified voters instead of sending notices and applications for permanent vote by mail status. Requires the election authority to make a list of all voters to whom the vote by mail ballots will be sent, publicly post that list, and send the list to the State Board of Elections. Provides that a person who has never voted before may not be sent a vote by mail ballot under the provisions unless the person first provides the election authority with sufficient proof of identity and the election authority verifies the person's proof of identity. Provides that a person may request, in writing, to the election authority that the person not receive a ballot sent under the provisions. Provides that the election authority shall keep a record of a person who has made a request and, in all future elections following receipt of the request, shall instead send the person who made the request a notice and application for permanent vote by mail status.


LRB103 34788 AWJ 64639 b

 

 

A BILL FOR

 

HB4198LRB103 34788 AWJ 64639 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 19-2.5 and 19-4 as follows:
 
6    (10 ILCS 5/19-2.5)
7    Sec. 19-2.5. Notice for vote by mail ballot; exception.
8    (a) An election authority shall notify all qualified
9voters, not more than 90 days nor less than 45 days before a
10general or consolidated election, of the option for permanent
11vote by mail status using the following notice and including
12the application for permanent vote by mail status in
13subsection (b) of Section 19-3:
14        "You may apply to permanently be placed on vote by
15    mail status using the attached application.".
16    (b) Instead of sending the notices and applications for
17permanent vote by mail status under subsection (a), an
18election authority may mail a vote by mail ballot to all
19qualified voters within its jurisdiction as provided in
20subsection (b) of Section 19-4.
21(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
 
22    (10 ILCS 5/19-4)  (from Ch. 46, par. 19-4)

 

 

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1    Sec. 19-4. Mailing or delivery of ballots; time.
2    (a) Immediately upon the receipt of such application
3either by mail or electronic means, not more than 90 days nor
4less than 5 days prior to such election, or by personal
5delivery not more than 90 days nor less than one day prior to
6such election, at the office of such election authority, it
7shall be the duty of such election authority to examine the
8records to ascertain whether or not such applicant is lawfully
9entitled to vote as requested, including a verification of the
10applicant's signature on file with the office of the election
11authority, and if found so to be entitled to vote, to post
12within one business day thereafter the name, street address,
13ward and precinct number or township and district number, as
14the case may be, of such applicant given on a list, the pages
15of which are to be numbered consecutively to be kept by such
16election authority for such purpose in a conspicuous, open and
17public place accessible to the public at the entrance of the
18office of such election authority, and in such a manner that
19such list may be viewed without necessity of requesting
20permission therefor. Within one day after posting the name and
21other information of an applicant for a vote by mail ballot,
22the election authority shall transmit by electronic means
23pursuant to a process established by the State Board of
24Elections that name and other posted information to the State
25Board of Elections, which shall maintain those names and other
26information in an electronic format on its website, arranged

 

 

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1by county and accessible to State and local political
2committees.
3    (b) If an election authority elects to mail a vote by mail
4ballot to all qualified voters instead of sending the notice
5and application for permanent vote by mail status under
6subsection (a) of Section 19-4, the vote by mail ballots shall
7be sent in the same timeframes ballots are sent under
8subsection (c) of this Section. Before mailing the vote by
9mail ballots under this subsection and not more than 90 days
10nor less than 5 days prior to the election, or by personal
11delivery not more than 90 days nor less than one day prior to
12such election, at the office of the election authority, the
13election authority shall examine the records to ascertain
14which registered voters are entitled to vote and, if found so
15to be entitled to vote, post the name, street address, ward,
16and precinct number or township and district number, as the
17case may be, of those registered voters on a list, the pages of
18which are to be numbered consecutively to be kept by the
19election authority for election purposes in a conspicuous,
20open, and public place accessible to the public at the
21entrance of the office of the election authority and in a
22manner that the list may be viewed without necessity of
23requesting permission to view the list. Within one day after
24posting the names and other information of the registered
25voters to which vote by mail ballots will be automatically
26sent, the election authority shall transmit by electronic

 

 

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1means pursuant to a process established by the State Board of
2Elections that name and other posted information to the State
3Board of Elections, which shall maintain those names and other
4information in an electronic format on its website, arranged
5by county and accessible to State and local political
6committees.
7    A person who has never voted before may not be sent a vote
8by mail ballot under this subsection unless the person first
9provides the election authority with sufficient proof of
10identity and the election authority verifies the person's
11proof of identity.
12    A person may request, in writing, to the election
13authority that the person not receive a ballot sent under this
14subsection. The election authority shall keep a record of a
15person who has made a request under this paragraph and, in all
16future elections following receipt of the request, shall
17instead send the person who made the request a notice and
18application under subsection (a) of Section 19-2.5.
19    (c) Within 2 business days after posting a name and other
20information on the list within its office under subsection (a)
21or (b), but no sooner than 40 days before an election, the
22election authority shall mail, postage prepaid, or deliver in
23person in such office, or deliver via electronic transmission
24pursuant to Section 19-2.6, an official ballot or ballots if
25more than one are to be voted at said election. Mail delivery
26of Temporarily Absent Student ballot applications pursuant to

 

 

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1Section 19-12.3 shall be by nonforwardable mail. However, for
2the consolidated election, vote by mail ballots for certain
3precincts may be delivered to applicants not less than 25 days
4before the election if so much time is required to have
5prepared and printed the ballots containing the names of
6persons nominated for offices at the consolidated primary.
7    The election authority shall enclose with each vote by
8mail ballot or application written instructions on how voting
9assistance shall be provided pursuant to Section 17-14 and a
10document, written and approved by the State Board of
11Elections, informing the vote by mail voter of the required
12postage for returning the application and ballot, and
13enumerating the circumstances under which a person is
14authorized to vote by vote by mail ballot pursuant to this
15Article; such document shall also include a statement
16informing the applicant that if he or she falsifies or is
17solicited by another to falsify his or her eligibility to cast
18a vote by mail ballot, such applicant or other is subject to
19penalties pursuant to Section 29-10 and Section 29-20 of the
20Election Code. Each election authority shall maintain a list
21of the name, street address, ward and precinct, or township
22and district number, as the case may be, of all applicants who
23have returned vote by mail ballots to such authority, and the
24name of such vote by mail voter shall be added to such list
25within one business day from receipt of such ballot. If the
26vote by mail ballot envelope indicates that the voter was

 

 

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1assisted in casting the ballot, the name of the person so
2assisting shall be included on the list. The list, the pages of
3which are to be numbered consecutively, shall be kept by each
4election authority in a conspicuous, open, and public place
5accessible to the public at the entrance of the office of the
6election authority and in a manner that the list may be viewed
7without necessity of requesting permission for viewing.
8    (d) Each election authority shall maintain a list for each
9election of the voters to whom it has issued vote by mail
10ballots. The list shall be maintained for each precinct within
11the jurisdiction of the election authority. Prior to the
12opening of the polls on election day, the election authority
13shall deliver to the judges of election in each precinct the
14list of registered voters in that precinct to whom vote by mail
15ballots have been issued by mail.
16    (e) Each election authority shall maintain a list for each
17election of voters to whom it has issued temporarily absent
18student ballots. The list shall be maintained for each
19election jurisdiction within which such voters temporarily
20abide. Immediately after the close of the period during which
21application may be made by mail or electronic means for vote by
22mail ballots, each election authority shall mail to each other
23election authority within the State a certified list of all
24such voters temporarily abiding within the jurisdiction of the
25other election authority.
26    (f) In the event that the return address of an application

 

 

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1for ballot by a physically incapacitated elector is that of a
2facility licensed or certified under the Nursing Home Care
3Act, the Specialized Mental Health Rehabilitation Act of 2013,
4the ID/DD Community Care Act, or the MC/DD Act, within the
5jurisdiction of the election authority, and the applicant is a
6registered voter in the precinct in which such facility is
7located, the ballots shall be prepared and transmitted to a
8responsible judge of election no later than 9 a.m. on the
9Friday, Saturday, Sunday, or Monday immediately preceding the
10election as designated by the election authority under Section
1119-12.2. Such judge shall deliver in person on the designated
12day the ballot to the applicant on the premises of the facility
13from which application was made. The election authority shall
14by mail notify the applicant in such facility that the ballot
15will be delivered by a judge of election on the designated day.
16    (g) All applications for vote by mail ballots shall be
17available at the office of the election authority for public
18inspection upon request from the time of receipt thereof by
19the election authority until 30 days after the election,
20except during the time such applications are kept in the
21office of the election authority pursuant to Section 19-7, and
22except during the time such applications are in the possession
23of the judges of election.
24    (h) Notwithstanding any provision of this Section to the
25contrary, pursuant to subsection (a) of Section 30 of the
26Address Confidentiality for Victims of Domestic Violence,

 

 

HB4198- 8 -LRB103 34788 AWJ 64639 b

1Sexual Assault, Human Trafficking, or Stalking Act, neither
2the name nor the address of a program participant under that
3Act shall be included in any list of registered voters
4available to the public, including the lists referenced in
5this Section.
6(Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22;
7102-1126, eff. 2-10-23.)