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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | the Cyber Navigator Program. The Cyber Navigator Program | 18 | | should be designed to provide equal support to all election | 19 | | authorities, with allowable modifications based on need. The | 20 | | remaining half of the Help America Vote Act funds shall be | 21 | | distributed as the State Board of Elections may determine, but | 22 | | no grants may be made to election authorities that do not | 23 | | participate in the Cyber Navigator Program. |
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| 1 | | In distribution of the remaining funds received under the | 2 | | federal Help America Vote Act, the Board may make such funds | 3 | | available to election authorities for the maintenance of | 4 | | secure collection sites for the return of vote by mail | 5 | | ballots.
| 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 | 9 | | rules, after at least 2 public hearings of the Board and in | 10 | | consultation with election authorities, establishing a cyber | 11 | | navigator program to support election authorities' efforts to | 12 | | defend against cyber breaches and detect and recover from | 13 | | cyber attacks. The rules shall include the Board's plan to | 14 | | allocate any resources received in accordance with the federal | 15 | | Help America Vote Act and provide that no less than half of any | 16 | | funds received under the federal Help America Vote Act shall | 17 | | be allocated to the cyber navigator program. The cyber | 18 | | navigator program shall be designed to provide equal support | 19 | | to all elections authorities with some modifications allowable | 20 | | based on need. The remaining half of the federal Help America | 21 | | Vote Act funds shall be distributed as the Board sees fit, but | 22 | | no grants may be made to election authorities that do not | 23 | | participate in the cyber navigator program managed by the | 24 | | Board. | 25 | | In distribution of the remaining funds received under the |
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| 1 | | federal Help America Vote Act, the Board may make such funds | 2 | | available to election authorities for the maintenance of | 3 | | secure collection sites for the return of vote by mail | 4 | | ballots.
| 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 | 8 | | by the
State Board of Elections, or if the Board determines | 9 | | that all potential
polling places have been surveyed by the | 10 | | election authority and that no
accessible polling place, as | 11 | | defined by rule of the State Board of
Elections, is available | 12 | | within a precinct nor is the election authority
able to make a | 13 | | polling place within the precinct temporarily accessible,
the | 14 | | Board, upon written application by the election authority, is
| 15 | | authorized to grant an exemption from the accessibility | 16 | | requirements of the
Federal Voting Accessibility for the | 17 | | Elderly and Handicapped Act (Public
Law 98-435). Such | 18 | | exemption shall be valid for a period of 2 years.
| 19 | | (b) Any voter with a temporary or permanent disability | 20 | | who,
because of structural features of the building in which | 21 | | the polling place
is located, is unable to access or enter the | 22 | | polling place, may request
that 2 judges of election of | 23 | | opposite party affiliation deliver a ballot to
him or her at | 24 | | the point where he or she is unable to continue forward
motion | 25 | | toward the polling place; but, in no case, shall a ballot be
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| 1 | | delivered to the voter beyond 50 feet of the entrance to the | 2 | | building in
which the polling place is located. Such request | 3 | | shall be made to the
election authority not later than the | 4 | | close of business at the election
authority's office on the | 5 | | day before the election and on a form prescribed
by the State | 6 | | Board of Elections. The election authority shall notify the
| 7 | | judges of election for the appropriate precinct polling places | 8 | | of such requests.
| 9 | | Weather permitting, 2 judges of election shall deliver to | 10 | | the
voter with a disability the ballot which he or she is | 11 | | entitled to vote, a portable
voting booth or other enclosure | 12 | | that will allow such voter to mark his or
her ballot in | 13 | | secrecy, and a marking device.
| 14 | | (c) The voter must complete the entire voting process, | 15 | | including the
application for ballot from which the judges of | 16 | | election shall compare the
voter's signature with the | 17 | | signature on his or her registration record card
in the | 18 | | precinct binder.
| 19 | | (d) Election authorities may establish curb-side voting | 20 | | for individuals to cast a ballot during early voting or on | 21 | | election day. An election authority's curb-side voting program | 22 | | shall designate at least 2 election judges from opposite | 23 | | parties per vehicle and the individual must have the option to | 24 | | mark the ballot without interference from the election judges. | 25 | | After the voter has marked his or her ballot and placed it | 26 | | in the
ballot envelope (or folded it in the manner prescribed |
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| 1 | | for paper ballots),
the 2 judges of election shall return the | 2 | | ballot to the polling place and
give it to the judge in charge | 3 | | of the ballot box who shall deposit it therein.
| 4 | | Pollwatchers as provided in Sections 7-34 and 17-23 of | 5 | | this Code shall
be permitted to accompany the judges and | 6 | | observe the above procedure.
| 7 | | No assistance may be given to such voter in marking his or | 8 | | her ballot,
unless the voter requests assistance and completes | 9 | | the 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 | 13 | | subscribe to the
certifications provided for in the | 14 | | application and on the return
envelope for the ballot, and | 15 | | such ballot or ballots shall be folded by
such voter in the | 16 | | manner required to be folded before depositing the
same in the | 17 | | ballot box, and be deposited in such envelope and the
envelope | 18 | | securely sealed. The voter shall then endorse his certificate
| 19 | | upon the back of the envelope and the envelope shall be mailed | 20 | | in person by
such voter, postage prepaid, to the election | 21 | | authority issuing the ballot or,
if more convenient, it may be | 22 | | delivered in person, by either the voter or
by any person | 23 | | authorized by the voter, or by a company
licensed as a motor | 24 | | carrier of property by the Illinois Commerce Commission
under | 25 | | the Illinois Commercial Transportation Law,
which is engaged |
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| 1 | | in the business of making deliveries. | 2 | | Election authorities shall accept any vote by mail ballot | 3 | | returned, including ballots returned with insufficient or no | 4 | | postage. Election authorities may maintain one or more secure | 5 | | collection sites for the postage-free return of vote by mail | 6 | | ballots. Any election authority with collection sites shall | 7 | | collect all ballots returned each day at close of business and | 8 | | process them as required by this Code, including noting the | 9 | | day on which the ballot was returned. Ballots returned to such | 10 | | collection sites after close of business shall be dated as | 11 | | delivered the next day, with the exception of ballots | 12 | | delivered on election day, which shall be dated as received on | 13 | | election day. Election authorities shall ensure that no | 14 | | ballots are submitted after the polls close. Election | 15 | | authorities shall permit electors to return vote by mail | 16 | | ballots at any collection site it has established through the | 17 | | close of polls on election day. All collection sites shall be | 18 | | secured by locks that may be opened only by election authority | 19 | | personnel. The State Board of Elections shall establish | 20 | | additional guidelines for the security of collection sites. | 21 | | Before the 2024 general primary election, the State Board | 22 | | of Elections shall adopt rules regarding a standard vote by | 23 | | mail ballot envelope for all election authorities to use. The | 24 | | envelope shall clearly identify what information must be | 25 | | submitted by the voter. In adopting these rules, the State | 26 | | Board of Elections shall hold hearings where interested |
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| 1 | | parties, including the election authorities, may give input. | 2 | |
It shall be unlawful for any person not the voter or a | 3 | | person authorized by the voter
to take the ballot and ballot | 4 | | envelope of a
voter for deposit into the mail unless the ballot | 5 | | has been issued pursuant to
application by a physically | 6 | | incapacitated elector under Section
3-3 or a hospitalized | 7 | | voter under Section 19-13, in which case any
employee or | 8 | | person under the direction of the facility in which the | 9 | | elector or
voter is located may deposit the ballot and ballot | 10 | | envelope into the mail. If the voter authorized a person to | 11 | | deliver the ballot to the election authority, the voter and | 12 | | the person authorized to deliver the ballot shall complete the | 13 | | authorization printed on the exterior envelope supplied by an | 14 | | election authority for the return of the vote by mail ballot. | 15 | | The exterior of the envelope supplied by an election authority | 16 | | for the return of the vote by mail ballot shall include an | 17 | | authorization in substantially the following form:
| 18 | | I ............ (voter) authorize ............... to take | 19 | | the necessary steps to have this ballot delivered promptly to | 20 | | the office of the election authority.
| 21 | | ....................... ........................
| 22 | | Date Signature of voter
| 23 | | ...............................................
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| 1 | | Printed Name of Authorized Delivery Agent
| 2 | | ...............................................
| 3 | | Signature of Authorized Delivery Agency
| 4 | | ...............................................
| 5 | | Date 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 | 8 | | becoming law.
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