Illinois General Assembly - Full Text of HB4536
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4536  102nd General Assembly

HB4536 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4536

 

Introduced 1/21/2022, by Rep. David A. Welter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Election Code. In provisions requiring election authorities to automatically register a voter, requires the election authority to act within 90 days of receipt of information from the National Change of Address database. Requires county clerks and the Board of Election Commissioners to complete verifications of voter registrations after a consolidated election in an odd-numbered year but before the first day of candidate circulation for candidate filing for the following primary election in an even-numbered year (rather than at least once in every 2 years). Requires the county clerks and the Board of Election Commissioners to certify to the State Board of Elections that the verification has been conducted and completed within 30 days of completion of the verification. Requires the State Board of Elections to establish training materials and guidelines for judges of elections. Requires an election authority with a public-facing website to ensure that its vote by mail processing procedures are published on that website according to a specified schedule. Provides that vote by mail ballots received after the election are subject to audit by the State Board of Elections and provides the auditing guidelines. Provides that the State central committee chair of each established political party shall be given prior written notice of the time and place of the random selection procedure and may be represented at the procedure. Provides that if tally sheets to be delivered to the office of county clerk by judges of elections are delayed more than 5 hours after the closing of the polls, the designated judges from each of the 2 major political parties shall subscribe to a written affidavit explaining the delay. Requires the county clerk to keep any affidavits for one year and allows certified copies to be used as evidence in all courts, proceedings, and election contests. Requires the affidavits to also appear on an election authority's post on its website along with the number of uncounted votes.


LRB102 23038 HLH 32193 b

 

 

A BILL FOR

 

HB4536LRB102 23038 HLH 32193 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 1-9.2, 1A-8, 1A-16.8, 4-30, 5-25, 6-59, 13-2.1,
613-2.2, 14-4.1, and 17-22 and by adding Sections 19-2.6 and
719-8.5 as follows:
 
8    (10 ILCS 5/1-9.2)
9    Sec. 1-9.2. Uncounted ballot information on website. No
10later than 48 hours after the closing of polling locations on
11election day, each election authority maintaining a website
12shall post the number of ballots that remain uncounted. The
13posting shall separate the number of ballots yet to be counted
14into the following categories: ballots cast on election day,
15early voting ballots, provisional ballots, vote by mail
16ballots received by the election authority but not counted,
17and vote by mail ballots sent by the election authority but
18have not been returned to the election authority. The posting
19shall also include any election judge affidavits provided for
20in Section 17-22. This information shall be updated on the
21website of the election authority each day until the period
22for counting provisional and vote by mail ballots has ended.
23All election authorities, regardless of whether they maintain

 

 

HB4536- 2 -LRB102 23038 HLH 32193 b

1a website, shall share the same information, separated in the
2same manner, with the State Board of Elections no later than 48
3hours after the closing of polling locations on election day
4and each business day thereafter until the period for counting
5provisional and vote by mail ballots has ended.
6(Source: P.A. 98-1171, eff. 6-1-15.)
 
7    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
8    Sec. 1A-8. The State Board of Elections shall exercise the
9following powers and perform the following duties in addition
10to any powers or duties otherwise provided for by law:
11        (1) Assume all duties and responsibilities of the
12    State Electoral Board and the Secretary of State as
13    heretofore provided in this Code;
14        (2) Disseminate information to and consult with
15    election authorities concerning the conduct of elections
16    and registration in accordance with the laws of this State
17    and the laws of the United States;
18        (3) Furnish to each election authority prior to each
19    primary and general election and any other election it
20    deems necessary, a manual of uniform instructions
21    consistent with the provisions of this Code which shall be
22    used by election authorities in the preparation of the
23    official manual of instruction to be used by the judges of
24    election in any such election. In preparing such manual,
25    the State Board shall consult with representatives of the

 

 

HB4536- 3 -LRB102 23038 HLH 32193 b

1    election authorities throughout the State. The State Board
2    may provide separate portions of the uniform instructions
3    applicable to different election jurisdictions which
4    administer elections under different options provided by
5    law. The State Board may by regulation require particular
6    portions of the uniform instructions to be included in any
7    official manual of instructions published by election
8    authorities. Any manual of instructions published by any
9    election authority shall be identical with the manual of
10    uniform instructions issued by the Board, but may be
11    adapted by the election authority to accommodate special
12    or unusual local election problems, provided that all
13    manuals published by election authorities must be
14    consistent with the provisions of this Code in all
15    respects and must receive the approval of the State Board
16    of Elections prior to publication; provided further that
17    if the State Board does not approve or disapprove of a
18    proposed manual within 60 days of its submission, the
19    manual shall be deemed approved.
20        (4) Prescribe and require the use of such uniform
21    forms, notices, and other supplies not inconsistent with
22    the provisions of this Code as it shall deem advisable
23    which shall be used by election authorities in the conduct
24    of elections and registrations;
25        (5) Prepare and certify the form of ballot for any
26    proposed amendment to the Constitution of the State of

 

 

HB4536- 4 -LRB102 23038 HLH 32193 b

1    Illinois, or any referendum to be submitted to the
2    electors throughout the State or, when required to do so
3    by law, to the voters of any area or unit of local
4    government of the State;
5        (6) Require such statistical reports regarding the
6    conduct of elections and registration from election
7    authorities as may be deemed necessary;
8        (7) Review and inspect procedures and records relating
9    to conduct of elections and registration as may be deemed
10    necessary, and to report violations of election laws to
11    the appropriate State's Attorney or the Attorney General;
12        (8) Recommend to the General Assembly legislation to
13    improve the administration of elections and registration;
14        (9) Adopt, amend or rescind rules and regulations in
15    the performance of its duties provided that all such rules
16    and regulations must be consistent with the provisions of
17    this Article 1A or issued pursuant to authority otherwise
18    provided by law;
19        (10) Determine the validity and sufficiency of
20    petitions filed under Article XIV, Section 3, of the
21    Constitution of the State of Illinois of 1970;
22        (11) Maintain in its principal office a research
23    library that includes, but is not limited to, abstracts of
24    votes by precinct for general primary elections and
25    general elections, current precinct maps and current
26    precinct poll lists from all election jurisdictions within

 

 

HB4536- 5 -LRB102 23038 HLH 32193 b

1    the State. The research library shall be open to the
2    public during regular business hours. Such abstracts, maps
3    and lists shall be preserved as permanent records and
4    shall be available for examination and copying at a
5    reasonable cost;
6        (12) Supervise the administration of the registration
7    and election laws throughout the State;
8        (13) Obtain from the Department of Central Management
9    Services, under Section 405-250 of the Department of
10    Central Management Services Law (20 ILCS 405/405-250),
11    such use of electronic data processing equipment as may be
12    required to perform the duties of the State Board of
13    Elections and to provide election-related information to
14    candidates, public and party officials, interested civic
15    organizations and the general public in a timely and
16    efficient manner;
17        (14) To take such action as may be necessary or
18    required to give effect to directions of the national
19    committee or State central committee of an established
20    political party under Sections 7-8, 7-11, and 7-14.1 or
21    such other provisions as may be applicable pertaining to
22    the selection of delegates and alternate delegates to an
23    established political party's national nominating
24    conventions or, notwithstanding any candidate
25    certification schedule contained within this Code, the
26    certification of the Presidential and Vice Presidential

 

 

HB4536- 6 -LRB102 23038 HLH 32193 b

1    candidate selected by the established political party's
2    national nominating convention;
3        (15) To post all early voting sites separated by
4    election authority and hours of operation on its website
5    at least 5 business days before the period for early
6    voting begins;
7        (16) To post on its website the statewide totals, and
8    totals separated by each election authority, for each of
9    the counts received pursuant to Section 1-9.2; and
10        (17) To post on its website, in a downloadable format,
11    the information received from each election authority
12    under Section 1-17; and .
13        (18) To establish training materials and guidelines
14    for judges of elections.
15    The Board may by regulation delegate any of its duties or
16functions under this Article, except that final determinations
17and orders under this Article shall be issued only by the
18Board.
19    The requirement for reporting to the General Assembly
20shall be satisfied by filing copies of the report as required
21by Section 3.1 of the General Assembly Organization Act, and
22filing such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.
25(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;
26100-1148, eff. 12-10-18.)
 

 

 

HB4536- 7 -LRB102 23038 HLH 32193 b

1    (10 ILCS 5/1A-16.8)
2    Sec. 1A-16.8. Automatic transfer of registration based
3upon information from the National Change of Address database
4and designated automatic voter registration agencies.
5    (a) The State Board of Elections shall cross-reference the
6statewide voter registration database against the United
7States Postal Service's National Change of Address database
8twice each calendar year, April 15 and October 1 in
9odd-numbered years and April 15 and December 1 in
10even-numbered years or with the same frequency as in
11subsection (b) of this Section, and shall share the findings
12with the election authorities.
13    (b) In addition, beginning no later than September 1,
142017, the State Board of Elections shall utilize data provided
15as part of its membership in the Electronic Registration
16Information Center in order to cross-reference the statewide
17voter registration database against databases of relevant
18personal information kept by designated automatic voter
19registration agencies, including, but not limited to, driver's
20license information kept by the Secretary of State, at least 6
21times each calendar year and shall share the findings with
22election authorities.
23    This subsection (b) shall no longer apply once Sections
241A-16.1 and 1A-16.2 of this Code are fully implemented as
25determined by the State Board of Elections. Upon a

 

 

HB4536- 8 -LRB102 23038 HLH 32193 b

1determination by the State Board of Elections of full
2implementation of Sections 1A-16.1 and 1A-16.2 of this Code,
3the State Board of Elections shall file notice of full
4implementation and the inapplicability of this subsection (b)
5with the Index Department of the Office of the Secretary of
6State, the Governor, the General Assembly, and the Legislative
7Reference Bureau.
8    (b-5) The State Board of Elections shall not be required
9to share any data on any voter attained using the National
10Change of Address database under subsection (a) of this
11Section if that voter has a more recent government transaction
12indicated using the cross-reference under subsection (b) of
13this Section. If there is contradictory or unclear data
14between data obtained under subsections (a) and (b) of this
15Section, then data obtained under subsection (b) of this
16Section shall take priority.
17    (c) Within 90 days of receipt of information from the
18National Change of Address database, an An election authority
19shall automatically register any voter who has moved into its
20jurisdiction from another jurisdiction in Illinois or has
21moved within its jurisdiction provided that:
22        (1) the election authority whose jurisdiction includes
23    the new registration address provides the voter an
24    opportunity to reject the change in registration address
25    through a mailing, sent by non-forwardable mail, to the
26    new registration address, and

 

 

HB4536- 9 -LRB102 23038 HLH 32193 b

1        (2) when the election authority whose jurisdiction
2    includes the previous registration address is a different
3    election authority, then that election authority provides
4    the same opportunity through a mailing, sent by
5    forwardable mail, to the previous registration address.
6    This change in registration shall trigger the same
7inter-jurisdictional or intra-jurisdictional workflows as if
8the voter completed a new registration card, including the
9cancellation of the voter's previous registration. Should the
10registration of a voter be changed from one address to another
11within the State and should the voter appear at the polls and
12offer to vote from the prior registration address, attesting
13that the prior registration address is the true current
14address, the voter, if confirmed by the election authority as
15having been registered at the prior registration address and
16canceled only by the process authorized by this Section, shall
17be issued a regular ballot, and the change of registration
18address shall be canceled. If the election authority is unable
19to immediately confirm the registration, the voter shall be
20permitted to register and vote a regular ballot, provided that
21he or she meets the documentary requirements for same-day
22registration. If the election authority is unable to confirm
23the registration and the voter does not meet the requirements
24for same-day registration, the voter shall be issued a
25provisional ballot.
26    (d) No voter shall be disqualified from voting due to an

 

 

HB4536- 10 -LRB102 23038 HLH 32193 b

1error relating to an update of registration under this
2Section.
3(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
 
4    (10 ILCS 5/4-30)  (from Ch. 46, par. 4-30)
5    Sec. 4-30. The county clerk on his own initiative or upon
6order of the county board shall at all times have authority to
7conduct investigation and to make canvasses of the registered
8voters in any precinct canvass or at other times and by other
9methods than those so prescribed. However, the county clerk
10shall at least once in every 2 years conduct a verification of
11voter registrations and shall cause the cancellation of
12registration of persons who have ceased to be qualified
13voters. The verification shall be conducted and completed
14after a consolidated election in an odd-numbered year but
15before the first day of candidate circulation for candidate
16filing for the following primary election in an even-numbered
17year. Such verification shall be accomplished by one of the
18following methods: (1) precinct canvass conducted by 2
19qualified persons of opposite party affiliation appointed by
20the county clerk or (2) written request for verification sent
21to each registered voter by first class mail, not forwardable
22or (3) an alternative method of verification submitted in
23writing to and approved by the State Board of Elections at a
24public meeting not less than 60 days prior to the date on which
25the county clerk has fixed for implementation of that method

 

 

HB4536- 11 -LRB102 23038 HLH 32193 b

1of verification; provided, that the county clerk shall certify
2submit to the State Board of Elections that the verification
3has been conducted and completed and include a written
4statement of the results obtained by use of such alternative
5method within 30 days of completion of the verification.
6Provided that in each precinct one canvasser may be appointed
7from outside such precinct if not enough other qualified
8persons who reside within the precinct can be found to serve as
9canvasser in such precinct. The one canvasser so appointed to
10serve in any precinct in which he is not entitled to vote prior
11to the election must be entitled to vote elsewhere within the
12ward, township or road district which includes within its
13boundaries the precinct in which such canvasser is appointed
14and such canvasser must be otherwise qualified. If upon the
15basis of investigation or canvasses, the county clerk shall be
16of the opinion that any person registered under this Article
17is not a qualified voter or has ceased to be a qualified voter,
18he shall send a notice through the United States mail to such
19person, requiring him to appear before the county clerk for a
20hearing within ten days after the date of mailing such notice
21and show cause why his registration shall not be cancelled. If
22such person fails to appear within such time as provided, his
23registration shall be cancelled. If such a person does appear,
24he shall make an affidavit similar in every respect to the
25affidavit required of applicants under Section 4-13 and his
26registration shall be reinstated.

 

 

HB4536- 12 -LRB102 23038 HLH 32193 b

1    If the county clerk cancels such registration upon the
2voter failing to appear, the county clerk shall immediately
3request of the clerk of the city, village or incorporated town
4in which the person claimed residence, to return the
5triplicate card of registration of the said person and within
6twenty-four hours after receipt of said request, the said
7clerk shall mail or cause to be delivered to the county clerk
8the triplicate card of registration of the said person and the
9said triplicate card shall thereupon be cancelled by the
10county clerk.
11(Source: P.A. 84-1308.)
 
12    (10 ILCS 5/5-25)  (from Ch. 46, par. 5-25)
13    Sec. 5-25. The county clerk on his own initiative or upon
14order of the board of county commissioners shall at all times
15have authority to conduct investigation and to make canvasses
16of the registered voters in any precinct canvass or at other
17times and by other methods than those so prescribed. However,
18the county clerk shall conduct a verification of voter
19registrations at least once in every 2 years, and shall cause
20the cancellation of registration of persons who have ceased to
21be qualified voters. The verification shall be conducted and
22completed after a consolidated election in an odd-numbered
23year but before the first day of candidate circulation for
24candidate filing for the following primary election in an
25even-numbered year. Such verification shall be accomplished by

 

 

HB4536- 13 -LRB102 23038 HLH 32193 b

1one of the following methods: (1) precinct canvass conducted
2by 2 qualified persons of opposite party affiliation appointed
3by the county clerk or (2) written request for verification
4sent to each registered voter by first class mail, not
5forwardable or (3) an alternative method of verification
6submitted in writing to and approved by the State Board of
7Elections at a public meeting not less than 60 days prior to
8the date which the county clerk has fixed for implementation
9of that method of verification; provided, that the county
10clerk shall certify submit to the State Board of Elections
11that the verification has been conducted and completed and
12include a written statement of the results obtained by use of
13such alternative method within 30 days of completion of the
14verification. In each precinct one canvasser may be appointed
15from outside such precinct if not enough other qualified
16persons who reside within the precinct can be found to serve as
17canvasser in such precinct. The one canvasser so appointed to
18serve in any precinct in which he is not entitled to vote prior
19to the election must be entitled to vote elsewhere within the
20ward or township which includes within its boundaries the
21precinct in which such canvasser is appointed and such
22canvasser must be otherwise qualified. If upon the basis of
23investigation or canvasses, the county clerk shall be of the
24opinion that any person registered under this Article 5 is not
25a qualified voter or has ceased to be a qualified voter, he
26shall send a notice through the United States mail to such

 

 

HB4536- 14 -LRB102 23038 HLH 32193 b

1person, requiring him to appear before the county clerk for a
2hearing within ten days after the date of mailing such notice
3and show cause why his registration shall not be cancelled. If
4such person fails to appear within such time as provided, his
5registration shall be cancelled. If such a person does appear,
6he shall make an affidavit similar in every respect to the
7affidavit required of applicants under Section 5-16 of this
8Article 5.
9(Source: P.A. 81-1535.)
 
10    (10 ILCS 5/6-59)  (from Ch. 46, par. 6-59)
11    Sec. 6-59. The Board of Election Commissioners on its own
12initiative, or upon order of the circuit court, shall at all
13times have authority to conduct investigations and to make
14canvasses of the registered voters in any precinct or
15precincts within its jurisdiction either by the methods
16provided in this Article or at other times and by other methods
17than those prescribed herein. However, the Board of Election
18Commissioners shall, at least once in every 2 years, conduct a
19verification of voter registrations and shall cause the
20cancellation of registration of persons who have ceased to be
21qualified voters. The verification shall be conducted and
22completed after a consolidated election in an odd-numbered
23year but before the first day of candidate circulation for
24candidate filing for the following primary election in an
25even-numbered year. Such verification shall be accomplished by

 

 

HB4536- 15 -LRB102 23038 HLH 32193 b

1one of the following methods: (1) precinct canvass conducted
2by 2 qualified persons of opposite party affiliation appointed
3by the Board of Election Commissioners or (2) written request
4sent to each registered voter by first class mail, not
5forwardable or (3) an alternative method of verification
6submitted in writing to and approved by The State Board of
7Elections at a public meeting not less than 60 days prior to
8the date on which the Board of Election Commissioners has
9fixed for implementation of that method of verification;
10provided, said Board shall certify submit to the State Board
11of Elections that the verification has been conducted and
12completed and include a written statement of the results
13obtained by use of such alternative method within 30 days of
14the completion of the verification. If, upon the basis of
15investigations or canvasses, the board shall be of the opinion
16that any person registered under this Article is not a
17qualified voter or has ceased to be a qualified voter, it shall
18send a notice through the United States mail to such person,
19requiring him to appear before such board at a time specified
20in such notice, not less than 10 nor more than 30 days after
21the mailing of such notice and show cause why his registration
22should not be cancelled. If such a person does not appear, his
23registration shall be cancelled. If such a person does appear
24he shall make an affidavit and shall be heard in the manner
25provided by Section 6-45 of this Article, and if his
26registration is cancelled as a result of such a hearing, he

 

 

HB4536- 16 -LRB102 23038 HLH 32193 b

1shall be entitled to a hearing in the circuit court and to an
2appeal to the Supreme Court in the manner provided by Section
36-52 of this Article.
4    Whenever the Board of Election Commissioners acting under
5authority of this section conducts a canvass of the registered
6voters in any precinct or precincts and the board designates
7canvassers to conduct the canvass, the board shall appoint as
8canvassers persons affiliated with the leading political
9parties in like manner as judges of election are appointed
10under the provisions of Section 14-4 of this Act; provided
11that in each precinct in counties of 500,000 inhabitants or
12more, one canvasser may be appointed from outside such
13precinct if not enough other qualified persons who reside
14within the precinct can be found to serve as canvasser in such
15precinct. The one canvasser so appointed to serve in any
16precinct in which he is not entitled to vote prior to the
17election must be entitled to vote elsewhere within the ward or
18township which includes within its boundaries the precinct in
19which such canvasser is appointed and such canvasser must be
20otherwise qualified.
21    The canvassers, so appointed by virtue of this section,
22shall comply with the provisions of Sections 6-40 and 6-41
23relative to the mailing and leaving of notices at the
24addresses of persons whose right to vote in the precinct or
25precincts is questioned.
26(Source: P.A. 81-1433.)
 

 

 

HB4536- 17 -LRB102 23038 HLH 32193 b

1    (10 ILCS 5/13-2.1)  (from Ch. 46, par. 13-2.1)
2    Sec. 13-2.1. In each county the County Clerk shall
3establish a training course for judges of elections not
4subject to Article 14 of this Act. The curriculum of such
5course shall incorporate training materials and guidelines
6provided by the State Board of Elections and be approved by the
7County Clerk. A suitable certificate shall be issued by the
8County Clerk to each student upon his satisfactory completion
9of the course.
10    Such course may be established jointly with a course in
11the county established as provided in Section 14-4.1 of this
12Act.
13(Source: Laws 1961, p. 3399.)
 
14    (10 ILCS 5/13-2.2)  (from Ch. 46, par. 13-2.2)
15    Sec. 13-2.2. Such course shall be devised so as to
16instruct its students in the duties of an election judge and
17shall include, at a minimum, the duties concerning voter
18verification, campaign-free zones, electioneering, vote by
19mail processing, provisional voting, and ballot handling and
20processing. The course and shall consist of at least 4 hours of
21instruction and an examination which tests reading skills,
22ability to work with poll lists, ability to add and knowledge
23of election laws governing the operation of polling places.
24    Such course shall be conducted at least once after the day

 

 

HB4536- 18 -LRB102 23038 HLH 32193 b

1the report of the selection of election judges is filed in the
2circuit court, but before the day fixed by the court for
3confirmation of such selection, and once as soon as
4practicable after the day fixed by the court for such
5confirmation. Every person reported as selected to be an
6election judge shall be notified in good time of the place and
7time each such course is to be conducted. All such persons may
8attend such course and, upon satisfactory completion thereof,
9shall be entitled to a certificate of such completion.
10    Not later than March 1, 1981 the election authorities
11shall also conduct special training courses for election
12judges concerning the administration of the nonpartisan and
13consolidated elections. The State shall reimburse each county
14and each municipality under the jurisdiction of a board of
15election commissioners (except in municipalities with a
16population of more than 500,000) for the payment of a $10
17stipend to each judge of election for attendance at such
18special training course.
19(Source: P.A. 81-1535.)
 
20    (10 ILCS 5/14-4.1)  (from Ch. 46, par. 14-4.1)
21    Sec. 14-4.1. The Board of Election Commissioners shall
22establish a training course for judges of election. The
23training course shall incorporate training materials and
24guidelines provided by the State Board of Elections. The
25curriculum of such course shall be approved by the Board. A

 

 

HB4536- 19 -LRB102 23038 HLH 32193 b

1suitable certificate shall be issued by the Board to each
2student upon his satisfactory completion of the course.
3    Such course may be established jointly with a course in
4the county established as provided in Section 13-2.1 of this
5Act.
6    Such course shall be conducted in the manner provided by
7Section 13-2.2 of this Act.
8(Source: Laws 1961, p. 3399.)
 
9    (10 ILCS 5/17-22)  (from Ch. 46, par. 17-22)
10    Sec. 17-22. The judges of election shall make the tally
11sheet and certificate of results in triplicate. If, however,
12the number of established political parties, as defined in
13Section 10-2, exceeds 2, one additional copy shall be made for
14each established political party in excess of 2. One list of
15voters, or other proper return with such certificate written
16thereon, and accompanying tally sheet footed up so as to show
17the correct number of votes cast for each person voted for,
18shall be carefully enveloped and sealed up by the judges of
19election, 2 of whom (one from each of the 2 major political
20parties) shall immediately deliver same to the county clerk,
21or his deputy, at the office of the county clerk, or to an
22officially designated receiving station established by the
23county clerk where a duly authorized representative of the
24county clerk shall receive said envelopes for immediate
25transmission to the office of county clerk, who shall safely

 

 

HB4536- 20 -LRB102 23038 HLH 32193 b

1keep them. If the delivery of these tally sheets to the office
2of county clerk is delayed more than 5 hours after the closing
3of the polls, the 2 designated judges (one from each of the 2
4major political parties) shall subscribe to a written
5affidavit explaining the delay. This affidavit shall be
6delivered, along with the tally sheets, to the office of the
7county clerk, who shall make it available to the general
8public on its public-facing website. The other certificates of
9results and accompanying tally sheet shall be carefully
10enveloped and sealed up and duly directed, respectively, to
11the chair of the county central committee of each then
12existing established political party, and by another of the
13judges of election deposited immediately in the nearest United
14States letter deposit. However, if any county chair notifies
15the county clerk not later than 10 days before the election of
16his desire to receive the envelope addressed to him at the
17point and at the time same are delivered to the county clerk,
18his deputy or receiving station designee the envelopes shall
19be delivered to such county chair or his designee immediately
20upon receipt thereof by the county clerk, his deputy or his
21receiving station designee. The person or persons so
22designated by a county chair shall sign an official receipt
23acknowledging receipt of said envelopes. The poll book, and
24tally list, and affidavits filed with the county clerk shall
25be kept one year, and certified copies thereof shall be
26evidence in all courts, proceedings and election contests.

 

 

HB4536- 21 -LRB102 23038 HLH 32193 b

1Before the returns are sealed up, as aforesaid, the judges
2shall compare the tally papers, footings and certificates and
3see that they are correct and duplicates of each other, and
4certify to the correctness of the same.
5    At the consolidated election, the judges of election shall
6make a tally sheet and certificate of results for each
7political subdivision for which candidates or public questions
8are on the ballot at such election, and shall sign, seal in a
9marked envelope and deliver them to the county clerk with the
10other certificates of results herein required. Such tally
11sheets and certificates of results may be duplicates of the
12tally sheet and certificate of results otherwise required by
13this Section, showing all votes for all candidates and public
14questions voted for or upon in the precinct, or may be on
15separate forms prepared by the election authority and showing
16only those votes cast for candidates and public questions of
17each such political subdivision.
18    Within 2 days of delivery of complete returns of the
19consolidated election, the county clerk shall transmit an
20original, sealed tally sheet and certificate of results from
21each precinct in his jurisdiction in which candidates or
22public questions of a political subdivision were on the ballot
23to the local election official of such political subdivision.
24Each local election official, within 24 hours of receipt of
25all of the tally sheets and certificates of results for all
26precincts in which candidates or public questions of his

 

 

HB4536- 22 -LRB102 23038 HLH 32193 b

1political subdivision were on the ballot, shall transmit such
2sealed tally sheets and certificates of results to the
3canvassing board for that political subdivision.
4    In the case of referenda for the formation of a political
5subdivision, the tally sheets and certificates of results
6shall be transmitted by the county clerk to the circuit court
7that ordered the proposition submitted or to the officials
8designated by the court to conduct the canvass of votes. In the
9case of school referenda for which a regional superintendent
10of schools is responsible for the canvass of votes, the county
11clerk shall transmit the tally sheets and certificates of
12results to the regional superintendent of schools.
13    Where voting machines or electronic voting systems are
14used, the provisions of this section may be modified as
15required or authorized by Article 24 or Article 24A, whichever
16is applicable.
17    Only judges appointed under the provisions of subsection
18(a) of Section 13-4 or subsection (b) of Section 14-1 may make
19any delivery required by this Section from judges of election
20to a county clerk, or his or her deputy, at the office of the
21county clerk or to a county clerk's duly authorized
22representative at the county clerk's officially designated
23receiving station.
24(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
25    (10 ILCS 5/19-2.6 new)

 

 

HB4536- 23 -LRB102 23038 HLH 32193 b

1    Sec. 19-2.6. Processing procedures. No less than 120 days
2before a general election, a general primary election, or a
3consolidated election, an election authority with a
4public-facing website shall ensure that its vote by mail
5processing procedures are published on its public-facing
6website and accessible to the public.
 
7    (10 ILCS 5/19-8.5 new)
8    Sec. 19-8.5. Audit of vote by mail ballots arriving after
9election day. Vote by mail ballots received after the election
10are subject to audit by the State Board of Elections. The State
11Board of Elections shall audit 5% of election authorities,
12verifying that they are complying with the requirements
13contained in Section 1-9 and this Article for processing vote
14by mail ballots received after the close of the polls on
15election day. The State Board of Elections may, by rule,
16establish audit procedures and the percentage of such ballots
17to be audited. In determining the required percentage, the
18State Board of Elections may consider the size of the election
19authority and the number of vote by mail ballots received by
20the election authority after the close of polls. The audit
21shall include, but not be limited to, the election authority's
22handling and processing procedures for vote by mail
23applications, vote by mail certification envelopes, and
24exterior vote by mail return envelopes for ballots returned
25after the close of the polls on election day. The State Board

 

 

HB4536- 24 -LRB102 23038 HLH 32193 b

1of Elections shall design a standard and scientific random
2method of selecting the election authorities that are to be
3audited so that every voting authority has an equal
4mathematical chance of being selected. The State central
5committee chair of each established political party shall be
6given prior written notice of the time and place of the random
7selection procedure and may be represented at the procedure.

 

 

HB4536- 25 -LRB102 23038 HLH 32193 b

1 INDEX
2 Statutes amended in order of appearance
3    10 ILCS 5/1-9.2
4    10 ILCS 5/1A-8from Ch. 46, par. 1A-8
5    10 ILCS 5/1A-16.8
6    10 ILCS 5/4-30from Ch. 46, par. 4-30
7    10 ILCS 5/5-25from Ch. 46, par. 5-25
8    10 ILCS 5/6-59from Ch. 46, par. 6-59
9    10 ILCS 5/13-2.1from Ch. 46, par. 13-2.1
10    10 ILCS 5/13-2.2from Ch. 46, par. 13-2.2
11    10 ILCS 5/14-4.1from Ch. 46, par. 14-4.1
12    10 ILCS 5/17-22from Ch. 46, par. 17-22
13    10 ILCS 5/19-2.6 new
14    10 ILCS 5/19-8.5 new