Illinois General Assembly - Full Text of SB1631
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Full Text of SB1631  102nd General Assembly

SB1631 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1631

 

Introduced 2/26/2021, by Sen. Steven M. Landek

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-2  from Ch. 46, par. 19-2
10 ILCS 5/19-2.5 new
10 ILCS 5/19-3  from Ch. 46, par. 19-3

    Amends the Election Code. Allows an elector to be added to a list of permanent vote by mail status voters who receive an official vote by mail ballot for all subsequent elections. Provides that a voter 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, or the election authority receives confirmation that the voter has subsequently registered to vote in another county. Provides the notice to be sent by election authorities to all qualified voters before a general election for the option to be placed on the list of permanent vote by mail status voters. Provides the application form for permanent vote by mail status. Allows an election authority to combine the applications for single election vote by mail and permanent vote by mail status on one form. Makes conforming changes.


LRB102 10360 SMS 15687 b

 

 

A BILL FOR

 

SB1631LRB102 10360 SMS 15687 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 and 19-3 and by adding Section 19-2.5 as
6follows:
 
7    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
8    Sec. 19-2. Any elector as defined in Section 19-1 may by
9mail or electronically on the website of the appropriate
10election authority, not more than 90 nor less than 5 days prior
11to the date of such election, or by personal delivery not more
12than 90 nor less than one day prior to the date of such
13election, make application to the county clerk or to the Board
14of Election Commissioners for an official ballot for the
15voter's precinct to be voted at such election, or be added to a
16list of permanent vote by mail status voters who receive an
17official vote by mail ballot for subsequent elections. Voters
18who make an application for permanent vote by mail ballot
19status shall follow the procedures specified in Section 19-3.
20Voters whose application for permanent vote by mail status is
21accepted by the election authority shall remain on the
22permanent vote by mail list until the voter requests to be
23removed from permanent vote by mail status, the voter provides

 

 

SB1631- 2 -LRB102 10360 SMS 15687 b

1notice to the election authority of a change in registration,
2or the election authority receives confirmation that the voter
3has subsequently registered to vote in another county. The URL
4address at which voters may electronically request a vote by
5mail ballot shall be fixed no later than 90 calendar days
6before an election and shall not be changed until after the
7election. Such a ballot shall be delivered to the elector only
8upon separate application by the elector for each election.
9(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
1098-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
11    (10 ILCS 5/19-2.5 new)
12    Sec. 19-2.5. Notice for vote by mail ballot. An election
13authority shall notify all qualified voters, not more than 90
14days nor less than 45 days before a general election, of the
15option for permanent vote by mail status using the following
16notice and including the application for permanent vote by
17mail status in subsection (b) of Section 19-3:
18    "You may apply to permanently be placed on vote by mail
19status using the attached application.".
 
20    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
21    Sec. 19-3. Application for a vote by mail ballot.
22    (a) The application for a vote by mail ballot for a single
23election shall be substantially in the following form:
24
APPLICATION FOR VOTE BY MAIL BALLOT

 

 

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1    To be voted at the .... election in the County of .... and
2State of Illinois, in the .... precinct of the (1) *township of
3.... (2) *City of .... or (3) *.... ward in the City of ....
4    I state that I am a resident of the .... precinct of the
5(1) *township of .... (2) *City of .... or (3) *.... ward in
6the city of .... residing at .... in such city or town in the
7county of .... and State of Illinois; that I have lived at such
8address for .... month(s) last past; that I am lawfully
9entitled to vote in such precinct at the .... election to be
10held therein on ....; and that I wish to vote by vote by mail
11ballot.
12    I hereby make application for an official ballot or
13ballots to be voted by me at such election, and I agree that I
14shall return such ballot or ballots to the official issuing
15the same prior to the closing of the polls on the date of the
16election or, if returned by mail, postmarked no later than
17election day, for counting no later than during the period for
18counting provisional ballots, the last day of which is the
1914th day following election day.
20    I understand that this application is made for an official
21vote by mail ballot or ballots to be voted by me at the
22election specified in this application and that I must submit
23a separate application for an official vote by mail ballot or
24ballots to be voted by me at any subsequent election.
25    Under penalties as provided by law pursuant to Section
2629-10 of the Election Code, the undersigned certifies that the

 

 

SB1631- 4 -LRB102 10360 SMS 15687 b

1statements set forth in this application are true and correct.
2
....
3
*fill in either (1), (2) or (3).
4
Post office address to which ballot is mailed:
5...............
6    (b) The application for permanent vote by mail status
7shall be substantially in the following form:
8
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
9    I am currently a registered voter and wish to apply for
10permanent vote by mail status.
11    I state that I am a resident of the City of .... residing
12at .... in such city in the county of .... and State of
13Illinois; that I have lived at such address for .... month(s)
14last past; that I am lawfully entitled to vote in such precinct
15at the .... election to be held therein on ....; and that I
16wish to vote by vote by mail ballot in:
17    ..... all subsequent elections that do not require a party
18        designation.
19    ..... all subsequent elections, and I wish to receive a
20        ................... Party vote by mail ballot in
21        elections that require a party designation.
22    I hereby make application for an official ballot or
23ballots to be voted by me at such election, and I agree that I
24shall return such ballot or ballots to the official issuing
25the same prior to the closing of the polls on the date of the
26election or, if returned by mail, postmarked no later than

 

 

SB1631- 5 -LRB102 10360 SMS 15687 b

1election day, for counting no later than during the period for
2counting provisional ballots, the last day of which is the
314th day following election day.
4    Under penalties as provided by law pursuant to Section
529-10 of the Election Code, the undersigned certifies that the
6statements set forth in this application are true and correct.
7
....
8
Post office address to which ballot is mailed:
9.............................................................
10    (c) However, if application is made for a primary election
11ballot, such application shall require the applicant to
12designate the name of the political party with which the
13applicant is affiliated. The election authority shall allow
14any voter on permanent vote by mail status to change his or her
15party affiliation for a primary election ballot by a method
16and deadline published and selected by the election authority.
17    (d) If application is made electronically, the applicant
18shall mark the box associated with the above described
19statement included as part of the online application
20certifying that the statements set forth in the this
21application under subsection (a) or (b) are true and correct,
22and a signature is not required.
23    (e) Any person may produce, reproduce, distribute, or
24return to an election authority an the application under this
25Section for vote by mail ballot. If applications are sent to a
26post office box controlled by any individual or organization

 

 

SB1631- 6 -LRB102 10360 SMS 15687 b

1that is not an election authority, those applications shall
2(i) include a valid and current phone number for the
3individual or organization controlling the post office box and
4(ii) be turned over to the appropriate election authority
5within 7 days of receipt or, if received within 2 weeks of the
6election in which an applicant intends to vote, within 2 days
7of receipt. Failure to turn over the applications in
8compliance with this paragraph shall constitute a violation of
9this Code and shall be punishable as a petty offense with a
10fine of $100 per application. Removing, tampering with, or
11otherwise knowingly making the postmark on the application
12unreadable by the election authority shall establish a
13rebuttable presumption of a violation of this paragraph. Upon
14receipt, the appropriate election authority shall accept and
15promptly process any application under this Section for vote
16by mail ballot submitted in a form substantially similar to
17that required by this Section, including any substantially
18similar production or reproduction generated by the applicant.
19    (f) An election authority may combine the applications in
20subsections (a) and (b) onto one form, but the distinction
21between the applications must be clear and the form must
22provide check boxes for an applicant to indicate whether he or
23she is applying for a single election vote by mail ballot or
24for permanent vote by mail status.
25(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)