Illinois General Assembly - Full Text of SB0145
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Full Text of SB0145  101st General Assembly


Rep. Katie Stuart

Filed: 1/12/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 145, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Election Code is amended by changing
6Sections 1A-55, 17-13, and 19-6 as follows:
7    (10 ILCS 5/1A-55)
8    (Text of Section from P.A. 100-587)
9    Sec. 1A-55. Cyber security efforts. The State Board of
10Elections shall provide by rule, after at least 2 public
11hearings of the Board and in consultation with the election
12authorities, a Cyber Navigator Program to support the efforts
13of election authorities to defend against cyber breaches and
14detect and recover from cyber attacks. The rules shall include
15the Board's plan to allocate any resources received in
16accordance with the Help America Vote Act and provide that no



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



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1elections authorities with some modifications allowable based
2on need. The remaining half of the federal Help America Vote
3Act funds shall be distributed as the Board sees fit, but no
4grants may be made to election authorities that do not
5participate in the cyber navigator program managed by the
7    In distribution of the remaining funds received under the
8federal Help America Vote Act, the Board may make such funds
9available to election authorities for the maintenance of secure
10collection sites for the return of vote by mail ballots.
11(Source: P.A. 100-623, eff. 7-20-18.)
12    (10 ILCS 5/17-13)  (from Ch. 46, par. 17-13)
13    Sec. 17-13. (a) In the case of an emergency, as determined
14by the State Board of Elections, or if the Board determines
15that all potential polling places have been surveyed by the
16election authority and that no accessible polling place, as
17defined by rule of the State Board of Elections, is available
18within a precinct nor is the election authority able to make a
19polling place within the precinct temporarily accessible, the
20Board, upon written application by the election authority, is
21authorized to grant an exemption from the accessibility
22requirements of the Federal Voting Accessibility for the
23Elderly and Handicapped Act (Public Law 98-435). Such exemption
24shall be valid for a period of 2 years.
25    (b) Any voter with a temporary or permanent disability who,



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1because of structural features of the building in which the
2polling place is located, is unable to access or enter the
3polling place, may request that 2 judges of election of
4opposite party affiliation deliver a ballot to him or her at
5the point where he or she is unable to continue forward motion
6toward the polling place; but, in no case, shall a ballot be
7delivered to the voter beyond 50 feet of the entrance to the
8building in which the polling place is located. Such request
9shall be made to the election authority not later than the
10close of business at the election authority's office on the day
11before the election and on a form prescribed by the State Board
12of Elections. The election authority shall notify the judges of
13election for the appropriate precinct polling places of such
15    Weather permitting, 2 judges of election shall deliver to
16the voter with a disability the ballot which he or she is
17entitled to vote, a portable voting booth or other enclosure
18that will allow such voter to mark his or her ballot in
19secrecy, and a marking device.
20    (c) The voter must complete the entire voting process,
21including the application for ballot from which the judges of
22election shall compare the voter's signature with the signature
23on his or her registration record card in the precinct binder.
24    (d) Election authorities may establish curb-side voting
25for individuals to cast a ballot during early voting or on
26election day. An election authority's curb-side voting program



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1shall designate at least 2 election judges from opposite
2parties per vehicle and the individual must have the option to
3mark the ballot without interference from the election judges.
4    After the voter has marked his or her ballot and placed it
5in the ballot envelope (or folded it in the manner prescribed
6for paper ballots), the 2 judges of election shall return the
7ballot to the polling place and give it to the judge in charge
8of the ballot box who shall deposit it therein.
9    Pollwatchers as provided in Sections 7-34 and 17-23 of this
10Code shall be permitted to accompany the judges and observe the
11above procedure.
12    No assistance may be given to such voter in marking his or
13her ballot, unless the voter requests assistance and completes
14the affidavit required by Section 17-14 of this Code.
15(Source: P.A. 99-143, eff. 7-27-15.)
16    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
17    Sec. 19-6. Such vote by mail voter shall make and subscribe
18to the certifications provided for in the application and on
19the return envelope for the ballot, and such ballot or ballots
20shall be folded by such voter in the manner required to be
21folded before depositing the same in the ballot box, and be
22deposited in such envelope and the envelope securely sealed.
23The voter shall then endorse his certificate upon the back of
24the envelope and the envelope shall be mailed in person by such
25voter, postage prepaid, to the election authority issuing the



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1ballot or, if more convenient, it may be delivered in person,
2by either the voter or by any person authorized by the voter,
3or by a company licensed as a motor carrier of property by the
4Illinois Commerce Commission under the Illinois Commercial
5Transportation Law, which is engaged in the business of making
7    Election authorities shall accept any vote by mail ballot
8returned, including ballots returned with insufficient or no
9postage. Election authorities may maintain one or more secure
10collection sites for the postage-free return of vote by mail
11ballots. Any election authority with collection sites shall
12collect all ballots returned each day at close of business and
13process them as required by this Code, including noting the day
14on which the ballot was returned. Ballots returned to such
15collection sites after close of business shall be dated as
16delivered the next day, with the exception of ballots delivered
17on election day, which shall be dated as received on election
18day. Election authorities shall permit electors to return vote
19by mail ballots at any collection site it has established
20through the close of polls on election day. All collection
21sites shall be secured by locks that may be opened only by
22election authority personnel. The State Board of Elections
23shall establish additional guidelines for the security of
24collection sites.
25     It shall be unlawful for any person not the voter or a
26person authorized by the voter to take the ballot and ballot



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1envelope of a voter for deposit into the mail unless the ballot
2has been issued pursuant to application by a physically
3incapacitated elector under Section 3-3 or a hospitalized voter
4under Section 19-13, in which case any employee or person under
5the direction of the facility in which the elector or voter is
6located may deposit the ballot and ballot envelope into the
7mail. If the voter authorized a person to deliver the ballot to
8the election authority, the voter and the person authorized to
9deliver the ballot shall complete the authorization printed on
10the exterior envelope supplied by an election authority for the
11return of the vote by mail ballot. The exterior of the envelope
12supplied by an election authority for the return of the vote by
13mail ballot shall include an authorization in substantially the
14following form:
15    I ............ (voter) authorize ............... to take
16the necessary steps to have this ballot delivered promptly to
17the office of the election authority.
18.......................              ........................
19         Date                           Signature of voter
21Printed Name of Authorized Delivery Agent



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