Illinois General Assembly - Full Text of SB1906
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 SB1906  102nd General Assembly

SB1906 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1906

 

Introduced 2/26/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1A-55
10 ILCS 5/17-13  from Ch. 46, par. 17-13
10 ILCS 5/19-6  from Ch. 46, par. 19-6

    Amends the Election Code. Provides that in distribution of the remaining funds received under the federal Help America Vote Act, the State Board of Elections may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots. Allows election authorities to establish curb-side voting for individuals to cast a ballot during early voting or on election day. Provides that an election authority's curb-side voting program shall designate at least 2 election judges from opposite parties per vehicle and the individual must have the option to mark the ballot without interference from the election judges. Requires election authorities to accept any vote by mail ballot returned, including ballots returned with insufficient or no postage. Requires election authorities to ensure that no ballots are submitted after the polls close. Allows election authorities to establish secure collection sites for postage-free return of vote by mail ballots. Provides for the collection and processing of vote by mail ballots submitted to collection sites. Provides that the State Board of Elections shall establish additional guidelines for the security of collection sites. Before the 2024 general primary election, requires the State Board of Elections to adopt rules regarding a standard vote by mail ballot envelope for all election authorities to use. Effective immediately.


LRB102 17191 SMS 22644 b

 

 

A BILL FOR

 

SB1906LRB102 17191 SMS 22644 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 1A-55, 17-13, and 19-6 as follows:
 
6    (10 ILCS 5/1A-55)
7    (Text of Section from P.A. 100-587)
8    Sec. 1A-55. Cyber security efforts. The State Board of
9Elections shall provide by rule, after at least 2 public
10hearings of the Board and in consultation with the election
11authorities, a Cyber Navigator Program to support the efforts
12of election authorities to defend against cyber breaches and
13detect and recover from cyber attacks. The rules shall include
14the Board's plan to allocate any resources received in
15accordance with the Help America Vote Act and provide that no
16less than half of any such funds received shall be allocated to
17the Cyber Navigator Program. The Cyber Navigator Program
18should be designed to provide equal support to all election
19authorities, with allowable modifications based on need. The
20remaining half of the Help America Vote Act funds shall be
21distributed as the State Board of Elections may determine, but
22no grants may be made to election authorities that do not
23participate in the Cyber Navigator Program.

 

 

SB1906- 2 -LRB102 17191 SMS 22644 b

1    In distribution of the remaining funds received under the
2federal Help America Vote Act, the Board may make such funds
3available to election authorities for the maintenance of
4secure collection sites for the return of vote by mail
5ballots.
6(Source: P.A. 100-587, eff. 6-4-18.)
 
7    (Text of Section from P.A. 100-623)
8    Sec. 1A-55. Cyber security efforts. The Board shall adopt
9rules, after at least 2 public hearings of the Board and in
10consultation with election authorities, establishing a cyber
11navigator program to support election authorities' efforts to
12defend against cyber breaches and detect and recover from
13cyber attacks. The rules shall include the Board's plan to
14allocate any resources received in accordance with the federal
15Help America Vote Act and provide that no less than half of any
16funds received under the federal Help America Vote Act shall
17be allocated to the cyber navigator program. The cyber
18navigator program shall be designed to provide equal support
19to all elections authorities with some modifications allowable
20based on need. The remaining half of the federal Help America
21Vote Act funds shall be distributed as the Board sees fit, but
22no grants may be made to election authorities that do not
23participate in the cyber navigator program managed by the
24Board.
25    In distribution of the remaining funds received under the

 

 

SB1906- 3 -LRB102 17191 SMS 22644 b

1federal Help America Vote Act, the Board may make such funds
2available to election authorities for the maintenance of
3secure collection sites for the return of vote by mail
4ballots.
5(Source: P.A. 100-623, eff. 7-20-18.)
 
6    (10 ILCS 5/17-13)  (from Ch. 46, par. 17-13)
7    Sec. 17-13. (a) In the case of an emergency, as determined
8by the State Board of Elections, or if the Board determines
9that all potential polling places have been surveyed by the
10election authority and that no accessible polling place, as
11defined by rule of the State Board of Elections, is available
12within a precinct nor is the election authority able to make a
13polling place within the precinct temporarily accessible, the
14Board, upon written application by the election authority, is
15authorized to grant an exemption from the accessibility
16requirements of the Federal Voting Accessibility for the
17Elderly and Handicapped Act (Public Law 98-435). Such
18exemption shall be valid for a period of 2 years.
19    (b) Any voter with a temporary or permanent disability
20who, because of structural features of the building in which
21the polling place is located, is unable to access or enter the
22polling place, may request that 2 judges of election of
23opposite party affiliation deliver a ballot to him or her at
24the point where he or she is unable to continue forward motion
25toward the polling place; but, in no case, shall a ballot be

 

 

SB1906- 4 -LRB102 17191 SMS 22644 b

1delivered to the voter beyond 50 feet of the entrance to the
2building in which the polling place is located. Such request
3shall be made to the election authority not later than the
4close of business at the election authority's office on the
5day before the election and on a form prescribed by the State
6Board of Elections. The election authority shall notify the
7judges of election for the appropriate precinct polling places
8of such requests.
9    Weather permitting, 2 judges of election shall deliver to
10the voter with a disability the ballot which he or she is
11entitled to vote, a portable voting booth or other enclosure
12that will allow such voter to mark his or her ballot in
13secrecy, and a marking device.
14    (c) The voter must complete the entire voting process,
15including the application for ballot from which the judges of
16election shall compare the voter's signature with the
17signature on his or her registration record card in the
18precinct binder.
19    (d) Election authorities may establish curb-side voting
20for individuals to cast a ballot during early voting or on
21election day. An election authority's curb-side voting program
22shall designate at least 2 election judges from opposite
23parties per vehicle and the individual must have the option to
24mark the ballot without interference from the election judges.
25    After the voter has marked his or her ballot and placed it
26in the ballot envelope (or folded it in the manner prescribed

 

 

SB1906- 5 -LRB102 17191 SMS 22644 b

1for paper ballots), the 2 judges of election shall return the
2ballot to the polling place and give it to the judge in charge
3of the ballot box who shall deposit it therein.
4    Pollwatchers as provided in Sections 7-34 and 17-23 of
5this Code shall be permitted to accompany the judges and
6observe the above procedure.
7    No assistance may be given to such voter in marking his or
8her ballot, unless the voter requests assistance and completes
9the affidavit required by Section 17-14 of this Code.
10(Source: P.A. 99-143, eff. 7-27-15.)
 
11    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
12    Sec. 19-6. Such vote by mail voter shall make and
13subscribe to the certifications provided for in the
14application and on the return envelope for the ballot, and
15such ballot or ballots shall be folded by such voter in the
16manner required to be folded before depositing the same in the
17ballot box, and be deposited in such envelope and the envelope
18securely sealed. The voter shall then endorse his certificate
19upon the back of the envelope and the envelope shall be mailed
20in person by such voter, postage prepaid, to the election
21authority issuing the ballot or, if more convenient, it may be
22delivered in person, by either the voter or by any person
23authorized by the voter, or by a company licensed as a motor
24carrier of property by the Illinois Commerce Commission under
25the Illinois Commercial Transportation Law, which is engaged

 

 

SB1906- 6 -LRB102 17191 SMS 22644 b

1in the business of making deliveries.
2    Election authorities shall accept any vote by mail ballot
3returned, including ballots returned with insufficient or no
4postage. Election authorities may maintain one or more secure
5collection sites for the postage-free return of vote by mail
6ballots. Any election authority with collection sites shall
7collect all ballots returned each day at close of business and
8process them as required by this Code, including noting the
9day on which the ballot was returned. Ballots returned to such
10collection sites after close of business shall be dated as
11delivered the next day, with the exception of ballots
12delivered on election day, which shall be dated as received on
13election day. Election authorities shall ensure that no
14ballots are submitted after the polls close. Election
15authorities shall permit electors to return vote by mail
16ballots at any collection site it has established through the
17close of polls on election day. All collection sites shall be
18secured by locks that may be opened only by election authority
19personnel. The State Board of Elections shall establish
20additional guidelines for the security of collection sites.
21    Before the 2024 general primary election, the State Board
22of Elections shall adopt rules regarding a standard vote by
23mail ballot envelope for all election authorities to use. The
24envelope shall clearly identify what information must be
25submitted by the voter. In adopting these rules, the State
26Board of Elections shall hold hearings where interested

 

 

SB1906- 7 -LRB102 17191 SMS 22644 b

1parties, including the election authorities, may give input.
2     It shall be unlawful for any person not the voter or a
3person authorized by the voter to take the ballot and ballot
4envelope of a voter for deposit into the mail unless the ballot
5has been issued pursuant to application by a physically
6incapacitated elector under Section 3-3 or a hospitalized
7voter under Section 19-13, in which case any employee or
8person under the direction of the facility in which the
9elector or voter is located may deposit the ballot and ballot
10envelope into the mail. If the voter authorized a person to
11deliver the ballot to the election authority, the voter and
12the person authorized to deliver the ballot shall complete the
13authorization printed on the exterior envelope supplied by an
14election authority for the return of the vote by mail ballot.
15The exterior of the envelope supplied by an election authority
16for the return of the vote by mail ballot shall include an
17authorization in substantially the following form:
 
18    I ............ (voter) authorize ............... to take
19the necessary steps to have this ballot delivered promptly to
20the office of the election authority.
 
21.......................              ........................
22         Date                           Signature of voter
 
23...............................................

 

 

SB1906- 8 -LRB102 17191 SMS 22644 b

1Printed Name of Authorized Delivery Agent
 
2...............................................
3Signature of Authorized Delivery Agency
 
4...............................................
5Date Delivered to the Election Authority
6(Source: P.A. 98-1171, eff. 6-1-15.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.