Full Text of HB3994 101st General Assembly
HB3994sam001 101ST GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 1/9/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3994
| 2 | | AMENDMENT NO. ______. Amend House Bill 3994 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 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 | 9 | | Elections shall provide by rule, after at least 2 public | 10 | | hearings of the Board and in consultation with the election | 11 | | authorities, a Cyber Navigator Program to support the efforts | 12 | | of election authorities to defend against cyber breaches and | 13 | | detect and recover from cyber attacks. The rules shall include | 14 | | the Board's plan to allocate any resources received in | 15 | | accordance with the Help America Vote Act and provide that no | 16 | | less than half of any such funds received shall be allocated to |
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| 1 | | the Cyber Navigator Program. The Cyber Navigator Program should | 2 | | be designed to provide equal support to all election | 3 | | authorities, with allowable modifications based on need. The | 4 | | remaining half of the Help America Vote Act funds shall be | 5 | | distributed as the State Board of Elections may determine, but | 6 | | no grants may be made to election authorities that do not | 7 | | participate in the Cyber Navigator Program. | 8 | | In distribution of the remaining funds received under the | 9 | | federal Help America Vote Act, the Board may make such funds | 10 | | available to election authorities for the maintenance of secure | 11 | | collection sites for the return of vote by mail ballots.
| 12 | | (Source: P.A. 100-587, eff. 6-4-18.) | 13 | | (Text of Section from P.A. 100-623) | 14 | | Sec. 1A-55. Cyber security efforts. The Board shall adopt | 15 | | rules, after at least 2 public hearings of the Board and in | 16 | | consultation with election authorities, establishing a cyber | 17 | | navigator program to support election authorities' efforts to | 18 | | defend against cyber breaches and detect and recover from cyber | 19 | | attacks. The rules shall include the Board's plan to allocate | 20 | | any resources received in accordance with the federal Help | 21 | | America Vote Act and provide that no less than half of any | 22 | | funds received under the federal Help America Vote Act shall be | 23 | | allocated to the cyber navigator program. The cyber navigator | 24 | | program shall be designed to provide equal support to all | 25 | | elections authorities with some modifications allowable based |
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| 1 | | on need. The remaining half of the federal Help America Vote | 2 | | Act funds shall be distributed as the Board sees fit, but no | 3 | | grants may be made to election authorities that do not | 4 | | participate in the cyber navigator program managed by the | 5 | | Board. | 6 | | In distribution of the remaining funds received under the | 7 | | federal Help America Vote Act, the Board may make such funds | 8 | | available to election authorities for the maintenance of secure | 9 | | collection sites for the return of vote by mail ballots.
| 10 | | (Source: P.A. 100-623, eff. 7-20-18 .)
| 11 | | (10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
| 12 | | Sec. 17-13.
(a) In the case of an emergency, as determined | 13 | | by the
State Board of Elections, or if the Board determines | 14 | | that all potential
polling places have been surveyed by the | 15 | | election authority and that no
accessible polling place, as | 16 | | defined by rule of the State Board of
Elections, is available | 17 | | within a precinct nor is the election authority
able to make a | 18 | | polling place within the precinct temporarily accessible,
the | 19 | | Board, upon written application by the election authority, is
| 20 | | authorized to grant an exemption from the accessibility | 21 | | requirements of the
Federal Voting Accessibility for the | 22 | | Elderly and Handicapped Act (Public
Law 98-435). Such exemption | 23 | | shall be valid for a period of 2 years.
| 24 | | (b) Any voter with a temporary or permanent disability who,
| 25 | | because of structural features of the building in which the |
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| 1 | | polling place
is located, is unable to access or enter the | 2 | | polling place, may request
that 2 judges of election of | 3 | | opposite party affiliation deliver a ballot to
him or her at | 4 | | the point where he or she is unable to continue forward
motion | 5 | | toward the polling place; but, in no case, shall a ballot be
| 6 | | delivered to the voter beyond 50 feet of the entrance to the | 7 | | building in
which the polling place is located. Such request | 8 | | shall be made to the
election authority not later than the | 9 | | close of business at the election
authority's office on the day | 10 | | before the election and on a form prescribed
by the State Board | 11 | | of Elections. The election authority shall notify the
judges of | 12 | | election for the appropriate precinct polling places of such | 13 | | requests.
| 14 | | Weather permitting, 2 judges of election shall deliver to | 15 | | the
voter with a disability the ballot which he or she is | 16 | | entitled to vote, a portable
voting booth or other enclosure | 17 | | that will allow such voter to mark his or
her ballot in | 18 | | secrecy, and a marking device.
| 19 | | (c) The voter must complete the entire voting process, | 20 | | including the
application for ballot from which the judges of | 21 | | election shall compare the
voter's signature with the signature | 22 | | on his or her registration record card
in the precinct binder.
| 23 | | (d) Election authorities may establish curb-side voting | 24 | | for individuals to cast a ballot during early voting or on | 25 | | election day. An election authority's curb-side voting program | 26 | | shall designate at least 2 election judges from opposite |
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| 1 | | parties per vehicle and the individual must have the option to | 2 | | mark the ballot without interference from the election judges. | 3 | | After the voter has marked his or her ballot and placed it | 4 | | in the
ballot envelope (or folded it in the manner prescribed | 5 | | for paper ballots),
the 2 judges of election shall return the | 6 | | ballot to the polling place and
give it to the judge in charge | 7 | | of the ballot box who shall deposit it therein.
| 8 | | Pollwatchers as provided in Sections 7-34 and 17-23 of this | 9 | | Code shall
be permitted to accompany the judges and observe the | 10 | | above procedure.
| 11 | | No assistance may be given to such voter in marking his or | 12 | | her ballot,
unless the voter requests assistance and completes | 13 | | the affidavit required
by Section 17-14 of this Code.
| 14 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 15 | | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
| 16 | | Sec. 19-6.
Such vote by mail voter shall make and subscribe | 17 | | to the
certifications provided for in the application and on | 18 | | the return
envelope for the ballot, and such ballot or ballots | 19 | | shall be folded by
such voter in the manner required to be | 20 | | folded before depositing the
same in the ballot box, and be | 21 | | deposited in such envelope and the
envelope securely sealed. | 22 | | The voter shall then endorse his certificate
upon the back of | 23 | | the envelope and the envelope shall be mailed in person by
such | 24 | | voter, postage prepaid, to the election authority issuing the | 25 | | ballot or,
if more convenient, it may be delivered in person, |
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| 1 | | by either the voter or
by any person authorized by the voter, | 2 | | or by a company
licensed as a motor carrier of property by the | 3 | | Illinois Commerce Commission
under the Illinois Commercial | 4 | | Transportation Law,
which is engaged in the business of making | 5 | | deliveries. | 6 | | Election authorities shall accept any vote by mail ballot | 7 | | returned, including ballots returned with insufficient or no | 8 | | postage. Election authorities may maintain one or more secure | 9 | | collection sites for the postage-free return of vote by mail | 10 | | ballots. Any election authority with collection sites shall | 11 | | collect all ballots returned each day at close of business and | 12 | | process them as required by this Code, including noting the day | 13 | | on which the ballot was returned. Ballots returned to such | 14 | | collection sites after close of business shall be dated as | 15 | | delivered the next day, with the exception of ballots delivered | 16 | | on election day, which shall be dated as received on election | 17 | | day. Election authorities shall permit electors to return vote | 18 | | by mail ballots at any collection site it has established | 19 | | through the close of polls on election day. All collection | 20 | | sites shall be secured by locks that may be opened only by | 21 | | election authority personnel. The State Board of Elections | 22 | | shall establish additional guidelines for the security of | 23 | | collection sites. | 24 | |
It shall be unlawful for any person not the voter or a | 25 | | person authorized by the voter
to take the ballot and ballot | 26 | | envelope of a
voter for deposit into the mail unless the ballot |
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| 1 | | has been issued pursuant to
application by a physically | 2 | | incapacitated elector under Section
3-3 or a hospitalized voter | 3 | | under Section 19-13, in which case any
employee or person under | 4 | | the direction of the facility in which the elector or
voter is | 5 | | located may deposit the ballot and ballot envelope into the | 6 | | mail. If the voter authorized a person to deliver the ballot to | 7 | | the election authority, the voter and the person authorized to | 8 | | deliver the ballot shall complete the authorization printed on | 9 | | the exterior envelope supplied by an election authority for the | 10 | | return of the vote by mail ballot. The exterior of the envelope | 11 | | supplied by an election authority for the return of the vote by | 12 | | mail ballot shall include an authorization in substantially the | 13 | | following form:
| 14 | | I ............ (voter) authorize ............... to take | 15 | | the necessary steps to have this ballot delivered promptly to | 16 | | the office of the election authority.
| 17 | | ....................... ........................
| 18 | | Date Signature of voter
| 19 | | ...............................................
| 20 | | Printed Name of Authorized Delivery Agent
| 21 | | ...............................................
| 22 | | Signature of Authorized Delivery Agency
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| 1 | | ...............................................
| 2 | | Date Delivered to the Election Authority
| 3 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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