HB0996 103RD GENERAL ASSEMBLY

LRB103 03531 AWJ 48537 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB0996

Introduced 1/12/2023, by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1A-65
10 ILCS 5/17-11	from Ch. 46, par. 17-11
10 ILCS 5/17-13.6 new
10 ILCS 5/17-17	from Ch. 46, par. 17-17
10 ILCS 5/18-5	from Ch. 46, par. 18-5
10 ILCS 5/18-5.2 new

Amends the Election Code. Provides that, before the 2024 general primary election, each election authority shall designate at least one telephone number that can be used by a person with a disability, a person with an infant, or a person who is age 80 or older to call and request that voting assistance be provided in the polling place's parking lot or parking spaces (in-vehicle assisted voting) and that can also be used by any person to report an individual who is acting in an intimidating or unlawful manner inside or outside of the polling place. Provides that the election authority may also designate a SMS text message number that may be used for the same purposes. Includes provisions relating to posting of the telephone number and SMS text message number at each polling place and on a voter registration card. Provides that, before the 2024 general primary election, each election authority must establish procedures for in-vehicle assisted voting on election day. Includes details on implementation of the in-vehicle assisted voting. Provides that the State Board of Elections may adopt rules to implement the provisions, and provides that the State Board of Elections shall create an affidavit for use by persons using in-vehicle assisted voting. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 1A-65, 17-11, 17-17, and 18-5 and by adding Sections 17-13.6 and 18-5.2 as follows:

(10 ILCS 5/1A-65)

Sec. 1A-65. Election authority guidance. 90 days before any election, the State Board of Elections shall provide written guidance to election authorities on: (1) ballot tracking procedures and the proper terminology to be used as part of those procedures; and (2) summarizing requirements for voting, curbside voting, in-vehicle assisted voting, early voting, and vote by mail.

(Source: P.A. 102-15, eff. 6-17-21.)

(10 ILCS 5/17-11) (from Ch. 46, par. 17-11)

Sec. 17-11. On receipt of his ballot the voter shall forthwith, and without leaving the inclosed space, retire alone, or accompanied by children as provided in Section 17-8, to one of the voting booths so provided and shall prepare his ballot by making in the appropriate margin or place a cross (X) opposite the name of the candidate of his choice for each office to be filled, or by writing in the name of the candidate of his choice in a blank space on said ticket, making a cross (X) opposite thereto; and in case of a question submitted to the vote of the people, by making in the appropriate margin or place a cross (X) against the answer he desires to give. A cross (X) in the square in front of the bracket enclosing the names of a team of candidates for Governor and Lieutenant Governor counts as one vote for each of such candidates. Before leaving the voting booth the voter shall fold his ballot in such manner as to conceal the marks thereon. He shall then vote forthwith in the manner herein provided, except that the number corresponding to the number of the voter on the poll books shall not be indorsed on the back of his ballot. He shall mark and deliver his ballot without undue delay, and shall quit said inclosed space as soon as he has voted; except that immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted for a statewide constitutional office. A voter whose ballot is identified as under-voted may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment.

No voter shall be allowed to occupy a voting booth already occupied by another, nor remain within said inclosed space more than ten minutes, nor to occupy a voting booth more than five minutes in case all of said voting booths are in use and other voters waiting to occupy the same. No voter not an election officer, shall, after having voted, be allowed to re-enter said inclosed space during said election. No person shall take or remove any ballot from the polling place before the close of the poll. No voter shall vote or offer to vote any ballot except such as he has received from the judges of election in charge of the ballots. Any voter who shall, by accident or mistake, spoil his ballot, may, on returning said spoiled ballot, receive another in place thereof only after the word "spoiled" has been written in ink diagonally across the entire face of the ballot returned by the voter.

Where voting machines, or electronic voting systems, curbside voting, or in-vehicle assisted voting are used, the provisions of this section may be modified as required or authorized by Article 24, 24A, 24B, or 24C or by Section 17-13.5 or 17-13.6, whichever is applicable, except that the requirements of this Section that (i) the voter must be notified of the voting equipment's acceptance or rejection of the voter's ballot or identification of an under-vote for a statewide constitutional office and (ii) the voter shall have the opportunity to correct an under-vote or surrender the ballot that was not accepted and vote another ballot shall not be modified.

(Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)

(10 ILCS 5/17-13.6 new)

Sec. 17-13.6. Phone or text number for voting assistance; in-vehicle assisted voting.

(a) As used in this Section:

"Designated phone number or SMS text message number" means the number designated under subsection (b) by an election authority for a person to contact for assistance described in this Section.

"Person with a disability" means a person who suffers from a physical or mental impairment that substantially limits one or more major life activities.

"Person with an infant" means a person who has a child under the age of one with them.

(b) Before the 2024 general primary election, each election authority shall designate at least one telephone number that can be used by a person with a disability, a person with an infant, or a person who is age 80 or older to call and request that voting assistance be provided in the polling place's parking lot or parking spaces and that can also be used by any person to report an individual who is acting in an intimidating or unlawful manner inside or outside of the polling place. The election authority may also designate a SMS text message number that may be used for the same purposes. The election authority may use a designated phone number or SMS text message number for a single polling place or a group of polling places. The number or numbers designated must be monitored at all times that the polling places served by the number or numbers are open.

If the election authority uses a single number for all polling places or for a group of polling places, the designated phone number or SMS text message number must connect to a person employed by or volunteering for the election authority who can contact the judges of election at the polling place where the individual is intending to vote. If the election authority designates a specific telephone number or SMS text message number for a single polling place, the designated phone number or SMS text message number must connect to one of the following persons at the designated polling place: an election judge or employee of or volunteer for the election authority.

(c) A notice shall be posted on each door of a polling place that is to be used by members of the public to enter the polling place stating the following in a substantially similar format:

If you are in need of voter assistance at this polling place,

please contact (insert phone number and, if available, SMS

text message number). Assistance may be available for the

following purposes:

1. Voting in your vehicle if you are a person with a

disability.

2. Voting in your vehicle if you are a person 80 years of age

or older.

3. Voting in your vehicle if you have a child under the age of

one with you.

4. Assistance with a person or persons who are acting in an

intimidating or unlawful manner inside or outside of the

polling place.

This notice may be combined with other polling place notices by the election authority. If a polling place does not have a designated parking lot or parking spaces, items 1, 2, and 3 of the notice may be omitted from the notice.

If the election authority gives a registered voter a voter registration card that lists the voter's polling place, the voter assistance phone number and, if applicable, SMS text message number must be listed on the card.

(d) Before the 2024 general primary election, each election authority must establish procedures for persons with a disability, persons 80 years of age or older, and persons with an infant to cast a ballot at the polling place's parking lot or parking spaces, if it has any, on election day. The judges of election shall designate at least 2 judges of election from opposite political parties per vehicle. The judges of election shall present the person with an affidavit for the person to affirm that the person is eligible for voting assistance under this Section. Once the judges of election have verified that the affidavit has been completed and signed, the person may be handed a paper ballot and marking utensil. The individual shall have the opportunity to mark the ballot without interference from the election judges. Challengers and poll watchers allowed by law may be in the vicinity of the judges of election and vehicles in the same manner as otherwise allowed by law inside the polling place.

An election authority may designate parking spaces at the polling place that must be used by a person to vote in the person's vehicle. A person may only use a paper ballot to vote under this subsection.

(e) If a person uses the designated phone number or SMS text message number to report a person or persons acting in an intimidating or unlawful manner inside or outside of the polling place, the judge of election or employee or volunteer of the election authority answering the call or text shall determine if assistance can be provided and inform the person calling or texting whether assistance can be provided.

(f) The State Board of Elections may adopt rules to implement this Section. The State Board of Elections shall create an affidavit or modify an existing affidavit to present to persons asking to vote in the person's vehicle under this Section.

(g) All affidavits completed and signed under this Section shall be enclosed in a separate envelope securely sealed and shall be transmitted with the returns of the elections to the election authority who shall preserve the affidavits for the period of 6 months, during which period the affidavits are public records and are freely open to examination.

(10 ILCS 5/17-17) (from Ch. 46, par. 17-17)

Sec. 17-17. After the opening of the polls no adjournment shall be had nor shall any recess be taken, until all the votes cast at such election have been counted and the result publicly announced, except that when necessary one judge at a time may leave the polling place for a reasonable time during the casting of ballots, and except that when a polling place is inaccessible to a voter with a disability, one team of 2 judges of opposite party affiliation may leave the polling place to deliver a ballot to such voter, as provided in Sections 7-47.1 and 17-13 of this Code. When a judge leaves and returns, such judge shall sign a time sheet indicating the length of the period such judge is absent from his duties. When absent, the judge shall authorize someone of the same political party as himself to act for him until he returns.

Where voting machines, or electronic voting systems, curbside, voting, in-vehicle assisted voting is are used, the provisions of this section may be modified as required or authorized by Article 24 or Article 24A or by Section 17-13.5 or 17-13.6, whichever is applicable.

(Source: P.A. 99-143, eff. 7-27-15.)

(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)

Sec. 18-5. Any person desiring to vote and whose name is found upon the register of voters by the person having charge thereof, shall then be questioned by one of the judges as to his nativity, his term of residence at present address, precinct, State and United States, his age, whether naturalized and if so the date of naturalization papers and court from which secured, and he shall be asked to state his residence when last previously registered and the date of the election for which he then registered. The judges of elections shall check each application for ballot against the list of voters registered in that precinct to whom grace period, vote by mail, and early ballots have been issued for that election, which shall be provided by the election authority and which list shall be available for inspection by pollwatchers. A voter applying to vote in the precinct on election day whose name appears on the list as having been issued a grace period, vote by mail, or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot. If such person so registered shall be challenged as disqualified, the party challenging shall assign his reasons therefor, and thereupon one of the judges shall administer to him an oath to answer questions, and if he shall take the oath he shall then be questioned by the judge or judges touching such cause of challenge, and touching any other cause of disqualification. And he may also be questioned by the person challenging him in regard to his qualifications and identity. But if a majority of the judges are of the opinion that he is the person so registered and a qualified voter, his vote shall then be received accordingly. But if his vote be rejected by such judges, such person may afterward produce and deliver an affidavit to such judges, subscribed and sworn to by him before one of the judges, in which it shall be stated how long he has resided in such precinct, and state; that he is a citizen of the United States, and is a duly qualified voter in such precinct, and that he is the identical person so registered. In addition to such an affidavit, the person so challenged shall provide to the judges of election proof of residence by producing 2 forms of identification showing the person's current residence address, provided that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and postmarked not earlier than 30 days prior to the date of the election, or the person shall procure a witness personally known to the judges of election, and resident in the precinct (or district), or who shall be proved by some legal voter of such precinct or district, known to the judges to be such, who shall take the oath following, viz:

I do solemnly swear (or affirm) that I am a resident of this election precinct (or district), and entitled to vote at this election, and that I have been a resident of this State for 30 days last past, and am well acquainted with the person whose vote is now offered; that he is an actual and bona fide resident of this election precinct (or district), and has resided herein 30 days, and as I verily believe, in this State, 30 days next preceding this election.

The oath in each case may be administered by one of the judges of election, or by any officer, resident in the precinct or district, authorized by law to administer oaths. Also supported by an affidavit by a registered voter residing in such precinct, stating his own residence, and that he knows such person; and that he does reside at the place mentioned and has resided in such precinct and state for the length of time as stated by such person, which shall be subscribed and sworn to in the same way. For purposes of this Section, the submission of a photo identification issued by a college or university, accompanied by either (i) a copy of the applicant's contract or lease for a residence or (ii) one piece of mail addressed to the person at his or her current residence address and postmarked not earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Whereupon the vote of such person shall be received, and entered as other votes. But such judges, having charge of such registers, shall state in their respective books the facts in such case, and the affidavits, so delivered to the judges, shall be preserved and returned to the office of the commissioners of election. Blank affidavits of the character aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oaths without criticism. Such oaths, if administered by any other officer than such judge of election, shall not be received. Whenever a proposal for a constitutional amendment or for the calling of a constitutional convention is to be voted upon at the election, the separate blue ballot or ballots pertaining thereto shall be placed on top of the other ballots to be voted at the election in such manner that the legend appearing on the back thereof, as prescribed in Section 16-6 of this Act, shall be plainly visible to the voter, and in this fashion the ballots shall be handed to the voter by the judge.

Immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted. A voter whose ballot is identified as under-voted for a statewide constitutional office may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment.

The voter shall, upon quitting the voting booth, deliver to one of the judges of election all of the ballots, properly folded, which he received. The judge of election to whom the voter delivers his ballots shall not accept the same unless all of the ballots given to the voter are returned by him. If a voter delivers less than all of the ballots given to him, the judge to whom the same are offered shall advise him in a voice clearly audible to the other judges of election that the voter must return the remainder of the ballots. The statement of the judge to the voter shall clearly express the fact that the voter is not required to vote such remaining ballots but that whether or not he votes them he must fold and deliver them to the judge. In making such statement the judge of election shall not indicate by word, gesture or intonation of voice that the unreturned ballots shall be voted in any particular manner. No new voter shall be permitted to enter the voting booth of a voter who has failed to deliver the total number of ballots received by him until such voter has returned to the voting booth pursuant to the judge's request and again quit the booth with all of the ballots required to be returned by him. Upon receipt of all such ballots the judges of election shall enter the name of the voter, and his number, as above provided in this Section, and the judge to whom the ballots are delivered shall immediately put the ballots into the ballot box. If any voter who has failed to deliver all the ballots received by him refuses to return to the voting booth after being advised by the judge of election as herein provided, the judge shall inform the other judges of such refusal, and thereupon the ballot or ballots returned to the judge shall be deposited in the ballot box, the voter shall be permitted to depart from the polling place, and a new voter shall be permitted to enter the voting booth.

The judge of election who receives the ballot or ballots from the voter shall announce the residence and name of such voter in a loud voice. The judge shall put the ballot or ballots received from the voter into the ballot box in the presence of the voter and the judges of election, and in plain view of the public. The judges having charge of such registers shall then, in a column prepared thereon, in the same line of, the name of the voter, mark "Voted" or the letter "V".

No judge of election shall accept from any voter less than the full number of ballots received by such voter without first advising the voter in the manner above provided of the necessity of returning all of the ballots, nor shall any such judge advise such voter in a manner contrary to that which is herein permitted, or in any other manner violate the provisions of this Section; provided, that the acceptance by a judge of election of less than the full number of ballots delivered to a voter who refuses to return to the voting booth after being properly advised by such judge shall not be a violation of this Section.

When curbside voting or in-vehicle assisted voting is used at a polling place, the provisions of this Section may be modified as required by the procedures established under Section 17-13.5 or 17-13.6, as applicable.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/18-5.2 new)

Sec. 18-5.2. Curbside voting and in-vehicle assisted voting. The provisions of Section 17-13.5 or 17-13.6, as applicable, are also applicable to the conduct of elections under this Article.

Section 99. Effective date. This Act takes effect upon becoming law.