Full Text of SB1863 101st General Assembly
SB1863enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Administrative Procedure Act is | 5 | | amended by adding Section 5-45.1 as follows: | 6 | | (5 ILCS 100/5-45.1 new) | 7 | | Sec. 5-45.1. Emergency rulemaking; 2020 general election. | 8 | | To provide for the expeditious and timely implementation of | 9 | | Article 2B of the Election Code, emergency rules implementing | 10 | | Article 2B of the Election Code may be adopted in accordance | 11 | | with Section 5-45 by the State Board of Elections. The adoption | 12 | | of emergency rules authorized by Section 5-45 and this Section | 13 | | is deemed to be necessary for the public interest, safety, and | 14 | | welfare. | 15 | | This Section is repealed on January 1, 2021. | 16 | | Section 10. The Election Code is amended by adding Article | 17 | | 2B as follows: | 18 | | (10 ILCS 5/Art. 2B heading new) | 19 | | ARTICLE 2B. CONDUCT OF THE 2020 GENERAL ELECTION | 20 | | (10 ILCS 5/2B-1 new) |
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| 1 | | Sec. 2B-1. Purpose. Whereas protecting the health and | 2 | | safety of Illinoisans is among the most important functions of | 3 | | State government, and whereas the Coronavirus Disease 2019 | 4 | | (COVID-19) has resulted in declarations that COVID-19 presents | 5 | | a severe public health emergency by the World Health | 6 | | Organization, the United States government, and the Governor of | 7 | | Illinois, the General Assembly therefore declares it necessary | 8 | | and appropriate to make certain modifications to the | 9 | | administration and conduct of the elections for the November | 10 | | 2020 general election. The provisions of this Article are | 11 | | deemed necessary to protect the safety, health, and rights of | 12 | | the people of Illinois. | 13 | | (10 ILCS 5/2B-5 new) | 14 | | Sec. 2B-5. Application of Article. | 15 | | (a) In addition to the provisions of this Code and | 16 | | notwithstanding any other law to the contrary, the provisions | 17 | | in this Article shall govern the process and procedures for the | 18 | | 2020 general election. The provisions of this Code shall | 19 | | control any aspect of the administration or conduct of the 2020 | 20 | | general election that is not provided for in this Article, | 21 | | provided that in the event of conflict between this Article and | 22 | | any other provision of this Code or any other law, the | 23 | | provisions of this Article shall control. | 24 | | (b) The provisions of this Article shall apply to all | 25 | | election authorities, including, but not limited to, those |
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| 1 | | under the jurisdiction of a Board of Election Commissioners. | 2 | | (c) The provisions of this Article shall apply for the | 3 | | administration and conduct of the 2020 general election only | 4 | | and the provisions of this amendatory Act of the 101st General | 5 | | Assembly shall be in effect through January 1, 2021. | 6 | | (10 ILCS 5/2B-10 new) | 7 | | Sec. 2B-10. Election Day State holiday. Notwithstanding | 8 | | any other provision of State law to the contrary, November 3, | 9 | | 2020 shall be a State holiday known as 2020 General Election | 10 | | Day and shall be observed throughout the State. November 3, | 11 | | 2020 shall be deemed a legal school holiday for purposes of the | 12 | | School Code, State Universities Civil Service Act, and any | 13 | | other law designating a holiday. All government offices, with | 14 | | the exception of election authorities, shall be closed unless | 15 | | authorized to be used as a location for election day services | 16 | | or as a polling place. | 17 | | Any school closed pursuant to this amendatory Act of the | 18 | | 101st General Assembly and Section 24-2 of the School Code | 19 | | shall be made available to an election authority as a polling | 20 | | place for 2020 General Election Day. The election authority and | 21 | | the school shall comply with all safety and health practices | 22 | | established by the Illinois Department of Public Health | 23 | | pursuant to subsection (a) of Section 2B-35. The election | 24 | | authority shall be eligible for reimbursement of such | 25 | | reasonable cleaning expenses incurred as a result of using a |
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| 1 | | school as a polling place for 2020 General Election Day, | 2 | | subject to the receipt and availability of federal funds, | 3 | | pursuant to Section 2B-60. | 4 | | (10 ILCS 5/2B-15 new) | 5 | | Sec. 2B-15. Changes to vote by mail application process for | 6 | | the 2020 general election. | 7 | | (a) Notwithstanding any other provision of State law to the | 8 | | contrary, beginning on the effective date of this Amendatory | 9 | | Act of the 101st General Assembly, any elector may by personal | 10 | | delivery, mail, email, or electronically on the website of the | 11 | | appropriate election authority make application for an | 12 | | official ballot for the 2020 general election to be sent to the | 13 | | elector through mail. Notwithstanding any other provision of | 14 | | law to the contrary, the URL address at which an elector may | 15 | | electronically request a vote by mail ballot shall be fixed by | 16 | | each election authority no later than the effective date of | 17 | | this Amendatory Act of the 101st General Assembly. An election | 18 | | authority shall accept any application submitted by an elector, | 19 | | including, but not limited to, the application prepared by the | 20 | | State Board of Elections, the election authority, or any other | 21 | | application submitted in a form substantially similar to that | 22 | | required by Section 19-3, including any substantially similar | 23 | | production or reproduction generated by any source or the by | 24 | | the applicant. | 25 | | (b) No later than August 1, 2020, every election authority |
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| 1 | | shall mail or email an application for an official vote by mail | 2 | | ballot for the 2020 general election to any elector who applied | 3 | | to vote an official ballot, whether by mail or in person, for | 4 | | any of the following elections: (1) 2018 general election; (2) | 5 | | 2019 consolidated election; or (3) the 2020 general primary | 6 | | election. No later than August 1, 2020, every election | 7 | | authority shall mail or email an application for an official | 8 | | ballot for the 2020 general election to any elector who has | 9 | | registered to vote or changed his or her registration address | 10 | | after the 2020 general primary election through July 31, 2020. | 11 | | (c) In addition to providing electors with the application, | 12 | | the election authority shall provide any notices required by | 13 | | law and the following: (1) notice the elector may complete the | 14 | | application and return it through personal delivery, mail, | 15 | | email, or visit the election authority's URL to request an | 16 | | official ballot; (2) notice that upon completion of the | 17 | | application, the elector will receive an official ballot no | 18 | | more than 40 days and no less than 30 days before the election; | 19 | | (3) an explanation that following submission of the application | 20 | | the elector will receive a ballot at his or her registered | 21 | | address or the mailing address requested by the elector, and | 22 | | such ballot must be completed and returned no later than | 23 | | election day; (4) a phone number or email address to contact | 24 | | the election authority if the elector does not receive an | 25 | | official ballot or if the elector has questions; and (5) a | 26 | | website or phone number the elector can use to confirm receipt |
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| 1 | | of his or her official ballot. A copy of the application and | 2 | | the notice shall be made available on the election authority's | 3 | | website. | 4 | | (d) The application and notice required by this Section | 5 | | shall be mailed to the elector's registered address and any | 6 | | other mailing address the election authority may have on file, | 7 | | including a mailing address to which a prior vote by mail | 8 | | ballot was mailed. | 9 | | (10 ILCS 5/2B-20 new) | 10 | | Sec. 2B-20. Changes for vote by mail official ballot | 11 | | mailing and processing. | 12 | | (a) Notwithstanding any other provision of law to the | 13 | | contrary, an election authority shall mail official ballots to | 14 | | any elector requesting an official ballot no earlier than | 15 | | September 24, 2020. Except for electors applying under Article | 16 | | 20, any elector submitting an application for a vote by mail | 17 | | ballot on or before October 1, 2020 shall receive a ballot no | 18 | | later than October 6, 2020. An election authority shall mail | 19 | | official ballots to any elector requesting an official ballot | 20 | | after October 1, 2020 no later than 2 business days after | 21 | | receipt of the application. | 22 | | (b) Notwithstanding any other provision of law to the | 23 | | contrary, any vote by mail ballot received by an election | 24 | | authority shall be presumed to meet the requirements of | 25 | | Articles 17, 18, and 19 and the voter shall be deemed otherwise |
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| 1 | | qualified to cast a vote by mail ballot unless deemed invalid | 2 | | as provided in this Section. | 3 | | (c) Notwithstanding any other provision of law to the | 4 | | contrary, within 2 days after a vote by mail ballot is | 5 | | received, but in all cases before the close of the period for | 6 | | counting provisional ballots, the election authority shall | 7 | | appoint panels as needed of 3 election judges, of which no more | 8 | | than 2 shall be from the same political party, from the list of | 9 | | election judges submitted by the county parties for this | 10 | | specific purpose to compare the voter's signature on the | 11 | | certification envelope of the vote by mail ballot with the | 12 | | signature of the voter on file in the office of the election | 13 | | authority. The signature shall be presumed to match unless 3 | 14 | | out of 3 election judges determine that the 2 signatures do not | 15 | | match. A vote by mail ballot may only be rejected by a vote of 3 | 16 | | of 3 election judges and only for the following reasons: (1) | 17 | | the signature on the certification envelope and the signature | 18 | | used by the election authority for verification purposes do not | 19 | | match or the certification envelope contains no signature; (2) | 20 | | the ballot envelope was delivered opened; (3) the voter has | 21 | | already cast a ballot; (4) if the voter voted in person on | 22 | | election day; or (5) the voter is not a duly registered voter | 23 | | in the precinct. If 3 of 3 election judges determine the ballot | 24 | | should be rejected for any reasons stated in this subsection | 25 | | (c), the judges shall mark across the face of the certification | 26 | | envelope the word "rejected" and the date and names of the |
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| 1 | | judges voting to reject the ballot. | 2 | | (d) If a vote by mail ballot is rejected, the election | 3 | | authority shall notify the voter within 2 days after the | 4 | | rejection or within one day if the rejection occurs after | 5 | | election day and in all cases before the close of the period | 6 | | for counting provisional ballots. The voter shall be notified | 7 | | through mail or email, or both, and the notice shall inform the | 8 | | voter of the reason or reasons the ballot was rejected. If the | 9 | | ballot was rejected based on the signature or lack of a | 10 | | signature, the voter shall be permitted to submit a statement | 11 | | the voter cast the ballot, and upon receipt the ballot shall be | 12 | | determined valid and counted before the close of the period for | 13 | | counting provisional ballots. If the ballot was rejected | 14 | | because the envelope was delivered opened, the voter shall be | 15 | | permitted to vote in person or request to receive another vote | 16 | | by mail ballot, provided the voter submits an application and | 17 | | casts a new ballot prior to the close of polls on election day. | 18 | | (e) Election authorities shall accept any vote by mail | 19 | | ballot returned, including ballots returned with insufficient | 20 | | or no postage, and may establish secure collection sites for | 21 | | the postage-free return of vote by mail ballots. Any election | 22 | | authority establishing such a collection site pursuant to this | 23 | | subsection (c) shall collect all ballots submitted each day at | 24 | | close of business and process them as required by this Code, | 25 | | including noting the day on which the ballot was submitted. | 26 | | Ballots submitted to such collection sites after close of |
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| 1 | | business shall be dated as delivered the next day, with the | 2 | | exception of ballots delivered on election day, which shall be | 3 | | dated as received on election day. Election authorities shall | 4 | | permit electors to return vote by mail ballots on election day | 5 | | up until the close of the polls. | 6 | | (f) In accordance with Section 19-7, within one day after | 7 | | receipt of a vote by mail ballot, the election authority shall | 8 | | transmit notification of receipt to the State Board of | 9 | | Elections. If a vote by mail ballot is rejected, the election | 10 | | authority must notify the State Board of Elections within one | 11 | | day. Upon request by a state or local political committee, | 12 | | within 2 days an election authority must electronically provide | 13 | | the names and addresses of any vote by mail ballots received | 14 | | and any vote by mail ballots marked rejected. | 15 | | (10 ILCS 5/2B-25 new) | 16 | | Sec. 2B-25. Changes for first time registrants or change of | 17 | | address registrations. | 18 | | (a) Beginning on the effective date of this amendatory Act | 19 | | of the 101st General Assembly, any person completing a voter | 20 | | registration application or submitting a change of address | 21 | | shall be notified of the option to receive a vote by mail | 22 | | ballot. Upon request of the elector, the registration shall | 23 | | serve as an application to receive an official vote by mail | 24 | | ballot and the individual need not complete an application. | 25 | | Upon processing the registration, the election authority shall |
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| 1 | | provide the individual with an official ballot. | 2 | | (b) Upon request of the registrant, an election authority | 3 | | shall accept a completed voter registration form as a valid | 4 | | application and mail the elector an official ballot. | 5 | | (c) Any person whose registration is incomplete or pending | 6 | | may provide any required documentation online or in person to | 7 | | the election authority prior to applying to vote in order to | 8 | | complete his or her registration. | 9 | | (d) This Section shall not apply to an application | 10 | | processed pursuant to Section 1A-16.1 or an individual | 11 | | registering to vote in person at an election authority or an | 12 | | early voting site if the elector has the option and chooses to | 13 | | exercise the option to vote in person at the time of | 14 | | registration or in his or her precinct on election day. | 15 | | (10 ILCS 5/2B-30 new) | 16 | | Sec. 2B-30. Public dissemination of information prior to | 17 | | the 2020 general election. | 18 | | (a) Beginning on the effective date of this amendatory Act | 19 | | of the 101st General Assembly through October 30, 2020, all | 20 | | election authorities shall include information about | 21 | | registering to vote and encouraging electors to vote by mail or | 22 | | during early voting with any pamphlet, brochure, flyer, or | 23 | | newsletter related to the 2020 General Election. Any such | 24 | | documents shall substantially include the following, "Due to | 25 | | COVID-19, all 2020 General Election voters are encouraged to |
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| 1 | | cast a ballot prior to Election Day, either by mail or during | 2 | | early voting. Voting by mail is an easy option for voters and | 3 | | you can request a vote by mail ballot through email, mail, or | 4 | | in person. An application is available from your local election | 5 | | authority or at https :// elections.il.gov/ | 6 | | electionoperations/ VotingByMail.aspx. To register to vote or | 7 | | check your registration status, visit https:// | 8 | | ova.elections.il.gov.". | 9 | | (b) The Secretary of State shall include in any pamphlet or | 10 | | materials produced in accordance with the Illinois | 11 | | Constitutional Amendment Act the following language, "Due to | 12 | | COVID-19, all 2020 General Election voters are encouraged to | 13 | | cast a ballot prior to Election Day, either by mail or during | 14 | | early voting. Voting by mail is an easy option for voters and | 15 | | you can request a vote by mail ballot through email, mail, or | 16 | | in person. An application is available from your local election | 17 | | authority or at https:// | 18 | | elections.il.gov/electionoperations/VotingByMail.aspx. To | 19 | | register to vote or check your registration status, visit | 20 | | https:// ova.elections.il.gov.". | 21 | | (c) No later than September 15, 2020, the Secretary of | 22 | | State shall send a notice to any elector who received an | 23 | | application but has not yet applied for a vote by mail ballot. | 24 | | The list of electors to receive the notification shall be | 25 | | provided by the State Board of Elections. The notice shall | 26 | | include, at a minimum: (1) notice that the elector previously |
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| 1 | | received correspondence from the applicable election authority | 2 | | with information on how to apply for a vote by mail ballot, | 3 | | that the election authority has indicated the elector has not | 4 | | yet applied for a ballot, and the elector still has time to | 5 | | request a vote by mail ballot; and (2) a reference to a phone | 6 | | number, email address, and website the elector can visit to | 7 | | complete an application, return an application, or get | 8 | | additional information about vote by mail. | 9 | | (d) No later than October 15, 2020, the Secretary of State | 10 | | shall send a notice to any elector who received the notice | 11 | | required in subsection (c) but has not yet applied for a vote | 12 | | by mail ballot. The notice shall include, at a minimum: (1) a | 13 | | statement that the elector has time to request a vote by mail | 14 | | ballot; and (2) a reference to a phone number, email address, | 15 | | and website the elector can visit to complete an application, | 16 | | return an application, or get additional information about vote | 17 | | by mail. | 18 | | (10 ILCS 5/2B-35 new) | 19 | | Sec. 2B-35. Early voting and election day requirements. | 20 | | (a) Election authorities shall comply with any early voting | 21 | | and election day safety and health practices established in | 22 | | written guidance provided to the election authorities by the | 23 | | Illinois Department of Public Health. | 24 | | (b) Election authorities may establish curb-side voting | 25 | | for individuals to cast a ballot during early voting or on |
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| 1 | | election day. A curb-side voting program shall designate at | 2 | | least 2 election judges from opposite parties per vehicle and | 3 | | the individual must have the option to mark the ballot without | 4 | | interference from the election judges. | 5 | | (c) Notwithstanding any law to the contrary, election | 6 | | authorities shall establish one location to be located at an | 7 | | office of the election authority or in the largest municipality | 8 | | within its jurisdiction where all voters in its jurisdiction | 9 | | are allowed to vote on election day during polling place hours, | 10 | | regardless of the precinct in which they are registered. An | 11 | | election authority establishing such a location pursuant to | 12 | | this subsection (c) shall identify the location, hours of | 13 | | operation, and health and safety requirements by the 40th day | 14 | | preceding 2020 General Election Day and certify such to the | 15 | | State Board of Election. | 16 | | (d) In addition to the requirements of Section 19A-15, | 17 | | beginning the 15th day preceding 2020 General Election Day, all | 18 | | permanent polling places for early voting shall remain open | 19 | | during the hours of 8:30 a.m. to 7:00 p.m. on weekdays and 9:00 | 20 | | a.m. to 5:00 p.m. on Saturdays, Sundays, and holidays. Election | 21 | | authorities may establish early voting hours in addition to | 22 | | those required by this subsection (d) to accommodate voters to | 23 | | whom COVID-19 presents increased health risks, including, but | 24 | | not limited to, the administration of a curb-side voting | 25 | | program established by the election authority pursuant to this | 26 | | Section. |
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| 1 | | (e) Notwithstanding any law to the contrary, a provisional | 2 | | ballot cast under item (7) of subsection (a) of Section 18A-5 | 3 | | shall be deemed valid and counted as a vote if the voter | 4 | | provides the election authority with the necessary | 5 | | documentation within 14 days of election day. | 6 | | (10 ILCS 5/2B-40 new) | 7 | | Sec. 2B-40. Judges of election. | 8 | | (a) All laws and rules regarding the provisions of election | 9 | | judges shall be in effect for the 2020 general election, | 10 | | provided that notwithstanding any law to the contrary, any | 11 | | individual may be appointed to serve as an election judge if, | 12 | | as of the date of the election at which the person serves as | 13 | | judge, he or she has attained the age of 16. | 14 | | Prior to appointment, a judge qualifying under this | 15 | | subsection (a) must certify in writing to the election | 16 | | authority the political party the judge chooses to affiliate | 17 | | with. | 18 | | (b) All public and private secondary schools, community | 19 | | colleges, and universities shall publish notification on their | 20 | | publicly accessible websites and notify their students of the | 21 | | opportunity to serve as an election judge for the 2020 general | 22 | | election and the qualifications provided in subsection (a). | 23 | | (c) The Department of Employment Security shall publish | 24 | | notification on its publicly accessible website that anyone | 25 | | receiving unemployment insurance may apply to serve as an |
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| 1 | | election judge for the 2020 general election and the | 2 | | qualifications provided in subsection (a). | 3 | | (d) Notwithstanding any law to the contrary, counties | 4 | | having a population of less than 250,000 pursuant to the 2010 | 5 | | U.S. Census, may appoint 3 judges of election to serve in lieu | 6 | | of the 5 judges of election required by this Code for the 2020 | 7 | | general election, unless such judges of election are appointed | 8 | | by election commissioners. | 9 | | (10 ILCS 5/2B-45 new) | 10 | | Sec. 2B-45. Electronic service of objections. Election | 11 | | authorities may authorize service of objections to candidate | 12 | | nominations through electronic mail in lieu of personal service | 13 | | if the election authority responsible for convening the | 14 | | electoral board: | 15 | | (1) requires candidates to provide an electronic mail | 16 | | address where notices of objections and electoral board | 17 | | proceedings may be sent electronically in lieu of personal | 18 | | service; | 19 | | (2) requires objectors to provide an electronic mail | 20 | | address where notices and electoral board proceedings may | 21 | | be sent electronically in lieu of personal service; and | 22 | | (3) publishes notice of its decision to utilize this | 23 | | Section on its website within 5 business days of the | 24 | | effective date of this amendatory Act of the 101st General | 25 | | Assembly. |
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| 1 | | (10 ILCS 5/2B-50 new) | 2 | | Sec. 2B-50. Additional duties of election authorities. | 3 | | (a) Each election authority shall comply with the | 4 | | requirements of Section 2B-15. Each election authority shall | 5 | | provide the following to the State Board of Elections as it | 6 | | relates to Section 2B-15: (1), no later than August 2, 2020, | 7 | | each election authority shall provide to the State Board of | 8 | | Elections written confirmation that the election authority | 9 | | complied with subsections (b), (c), and (d) of Section 2B-15 | 10 | | and provide an electronic list of the names and addresses of | 11 | | every elector sent the required application and notice; (2) no | 12 | | later than September 2, 2020, each election authority shall | 13 | | provide the State Board of Elections with an electronic list of | 14 | | the names and addresses of every elector sent the required | 15 | | application and notice who has submitted the application and | 16 | | will receive an official ballot; and (3) no later than October | 17 | | 2, 2020, each election authority shall provide the State Board | 18 | | of Elections with an updated list of the names and addresses of | 19 | | every elector sent the required application and notice who has | 20 | | submitted the application and will receive an official ballot. | 21 | | Any list submitted to the State Board of Elections shall be | 22 | | accessible to State and local political candidates and | 23 | | committees. | 24 | | (b) No later than 75 days prior to the 2020 general | 25 | | election, each election authority shall provide public notice |
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| 1 | | of its services and equipment available to assist elderly | 2 | | voters and voters with disabilities. The notice shall include, | 3 | | but is not limited to, the availability of vote by mail ballots | 4 | | in braille and large format, assistance in marking the ballot, | 5 | | procedures for voting by vote by mail ballot, and procedures | 6 | | for voting early by personal appearance. | 7 | | (10 ILCS 5/2B-55 new) | 8 | | Sec. 2B-55. Additional duties of the State Board of | 9 | | Elections. | 10 | | (a) No later than 2 business days after the effective date | 11 | | of this amendatory Act of the 101st General Assembly, the State | 12 | | Board of Elections shall post on its official website an | 13 | | application for an official vote by mail ballot for the 2020 | 14 | | general election. The application shall be available at | 15 | | https:// elections.il.gov/ | 16 | | electionoperations/VotingByMail.aspx. Any applications | 17 | | received by the State Board of Elections shall be transmitted | 18 | | within 2 business days of receipt to the appropriate election | 19 | | authority. | 20 | | (b) Within 5 business days of the effective date of this | 21 | | amendatory Act of the 101st General Assembly, the State Board | 22 | | of Elections shall modify the online voter registration system | 23 | | to allow any new registrant to apply for a vote by mail ballot | 24 | | when completing online voter registration. Any new registrant | 25 | | that requests a vote by mail ballot when registering shall be |
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| 1 | | eligible to request and receive a vote by mail ballot for the | 2 | | 2020 general election without submitting an additional | 3 | | application. | 4 | | (c) Within 10 business days of the effective date of this | 5 | | amendatory Act of the 101st General Assembly, the State Board | 6 | | of Elections shall provide notice to all election authorities | 7 | | of the provisions of this amendatory Act of the 101st General | 8 | | Assembly and the actions each election authority must take to | 9 | | comply with this amendatory Act of the 101st General Assembly. | 10 | | A copy of this notice shall be made available on the State | 11 | | Board of Election's official website. | 12 | | (d) The State Board of Elections shall transmit to the | 13 | | Secretary of State, in the format requested by the Secretary of | 14 | | State, a complete list of the names and addresses submitted to | 15 | | the State Board of Elections by the election authorities in | 16 | | accordance with subsection (a) of Section 2B-50. The first | 17 | | transmission shall be sent no later than September 5, 2020 and | 18 | | the second transmission no later than October 5, 2020. Upon | 19 | | request, the lists shall also be made available by the State | 20 | | Board of Elections to State and local political committees and | 21 | | candidates upon request. | 22 | | (e) Except as provided in this Article, the State Board of | 23 | | Elections does not need to adopt rules to administer or enforce | 24 | | the duties and requirements set forth in this amendatory Act of | 25 | | the 101st General Assembly but may adopt such emergency rules | 26 | | if deemed necessary by the State Board of Elections. The |
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| 1 | | absence of rules or emergency rules does not eliminate or | 2 | | reduce the rights, duties, or responsibilities set forth in | 3 | | this amendatory Act of the 101st General Assembly. | 4 | | (10 ILCS 5/2B-60 new) | 5 | | Sec. 2B-60. Reimbursement for 2020 general election | 6 | | expenses. | 7 | | (a) Each election authority shall comply with the | 8 | | requirements of this amendatory Act of the 101st General | 9 | | Assembly. The State Board of Elections may withhold any | 10 | | reimbursements for election related costs if an election | 11 | | authority is found to have failed to comply with the provisions | 12 | | of this amendatory Act of the 101st General Assembly. | 13 | | (b) Subject to receipt and availability of federal funds, | 14 | | the State Board of Elections may adopt emergency rules subject | 15 | | to the provisions of Section 5-45 of the Illinois | 16 | | Administrative Procedure Act to establish a program to provide | 17 | | reimbursement to election authorities for expenses related to | 18 | | the 2020 general election incurred as a result of COVID-19 and | 19 | | the requirements of this amendatory Act of the 101st General | 20 | | Assembly that are deemed necessary for the safety of the public | 21 | | and in response to COVID-19. | 22 | | (10 ILCS 5/2B-90 new) | 23 | | Sec. 2B-90. Repeal. This Article shall repeal on January 1, | 24 | | 2021. |
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| 1 | | Section 15. The Illinois Procurement Code is amended by | 2 | | changing Section 15-45 as follows: | 3 | | (30 ILCS 500/15-45) | 4 | | Sec. 15-45. Computation of days. The time within which any | 5 | | act provided in this Code is to be done shall be computed by | 6 | | excluding the first day and including the last, unless the last | 7 | | day is Saturday or Sunday or is a holiday, and then it shall | 8 | | also be excluded. If the day succeeding a Saturday, Sunday, or | 9 | | holiday is also a holiday, a Saturday, or a Sunday, then that | 10 | | succeeding day shall also be excluded. For the purposes of this | 11 | | Code, "holiday" means: New Year's Day; Dr. Martin Luther King, | 12 | | Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial | 13 | | Day; Independence Day; Labor Day; Columbus Day; Veterans' Day; | 14 | | Thanksgiving Day; Christmas Day; and any other day from time to | 15 | | time declared by the President of the United States or the | 16 | | Governor of Illinois to be a day during which the agencies of | 17 | | the State of Illinois that are ordinarily open to do business | 18 | | with the public shall be closed for business.
| 19 | | Notwithstanding any other provision of State law to the | 20 | | contrary, November 3, 2020 shall be a State holiday known as | 21 | | 2020 General Election Day and shall be observed throughout the | 22 | | State pursuant to this amendatory Act of the 101st General | 23 | | Assembly. | 24 | | (Source: P.A. 98-1076, eff. 1-1-15 .) |
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| 1 | | Section 20. The School Code is amended by changing Section | 2 | | 24-2 as follows:
| 3 | | (105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
| 4 | | Sec. 24-2. Holidays. | 5 | | (a) Teachers shall not be required
to teach on Saturdays, | 6 | | nor, except as provided in subsection (b) of this Section, | 7 | | shall teachers or other school
employees, other than | 8 | | noncertificated school employees whose presence is
necessary | 9 | | because of an emergency or for the continued operation and
| 10 | | maintenance of school facilities or property, be
required to | 11 | | work on legal school
holidays, which are January 1, New Year's | 12 | | Day; the third Monday in
January, the Birthday of Dr. Martin | 13 | | Luther King, Jr.; February 12, the
Birthday of President | 14 | | Abraham Lincoln; the
first Monday in March (to be known as | 15 | | Casimir Pulaski's birthday); Good
Friday; the day designated as | 16 | | Memorial Day by federal law; July 4,
Independence Day; the | 17 | | first Monday in September, Labor Day; the second Monday
in | 18 | | October, Columbus Day; November 11, Veterans' Day; the Thursday | 19 | | in
November commonly called Thanksgiving Day; and December 25, | 20 | | Christmas Day.
School boards may grant special holidays | 21 | | whenever in their judgment such
action is advisable. No | 22 | | deduction shall
be made from the time or
compensation of a | 23 | | school employee on account of any legal
or special holiday.
| 24 | | (b) A school board or other entity eligible to apply for |
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| 1 | | waivers and modifications under Section 2-3.25g of this Code is | 2 | | authorized to hold school or schedule teachers' institutes, | 3 | | parent-teacher conferences, or staff development on the third | 4 | | Monday in January (the Birthday of Dr. Martin Luther King, | 5 | | Jr.); February 12 (the Birthday of President Abraham Lincoln); | 6 | | the first Monday in March (known as Casimir Pulaski's | 7 | | birthday); the second Monday in October (Columbus Day); and | 8 | | November 11 (Veterans' Day), provided that: | 9 | | (1) the person or persons honored by the holiday are | 10 | | recognized through instructional activities conducted on | 11 | | that day or, if the day is not used for student attendance, | 12 | | on the first school day preceding or following that day; | 13 | | and | 14 | | (2) the entity that chooses to exercise this authority | 15 | | first holds a public hearing about the proposal. The entity | 16 | | shall provide notice preceding the public hearing to both | 17 | | educators and parents. The notice shall set forth the time, | 18 | | date, and place of the hearing, describe the proposal, and | 19 | | indicate that the entity will take testimony from educators | 20 | | and parents about the proposal.
| 21 | | (c) Commemorative holidays, which recognize specified | 22 | | patriotic, civic,
cultural or historical persons, activities, | 23 | | or events, are regular school
days. Commemorative
holidays are: | 24 | | January 28 (to be known as Christa McAuliffe Day and
observed | 25 | | as a commemoration of space exploration), February 15 (the
| 26 | | birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' |
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| 1 | | Day),
September 11 (September 11th Day of Remembrance), the | 2 | | school day
immediately preceding Veterans' Day (Korean War | 3 | | Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and | 4 | | Afghanistan Veterans Remembrance Day), December 7 (Pearl | 5 | | Harbor Veterans' Day), and
any day so appointed by the | 6 | | President or
Governor. School boards may establish | 7 | | commemorative holidays whenever in
their judgment such action | 8 | | is advisable.
School boards shall include instruction relative | 9 | | to commemorated persons,
activities, or
events on the | 10 | | commemorative holiday or at any other time during the school
| 11 | | year and at any point in the curriculum when such instruction | 12 | | may be deemed
appropriate. The State Board of Education shall | 13 | | prepare and make available
to school boards instructional | 14 | | materials relative to commemorated persons,
activities,
or | 15 | | events which may be used by school boards in conjunction with | 16 | | any
instruction provided pursuant to this paragraph.
| 17 | | (d) City of Chicago School District 299 shall observe March | 18 | | 4 of each year as
a commemorative holiday. This holiday shall | 19 | | be known as Mayors' Day which
shall be a day to commemorate and | 20 | | be reminded of the past Chief Executive
Officers of the City of | 21 | | Chicago, and in particular the late Mayor Richard
J. Daley and | 22 | | the late Mayor Harold Washington. If March 4 falls on a
| 23 | | Saturday or Sunday, Mayors' Day shall be observed on the | 24 | | following Monday. | 25 | | (e) Notwithstanding any other provision of State law to the | 26 | | contrary, November 3, 2020 shall be a State holiday known as |
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| 1 | | 2020 General Election Day and shall be observed throughout the | 2 | | State pursuant to this amendatory Act of the 101st General | 3 | | Assembly. All government offices, with the exception of | 4 | | election authorities, shall be closed unless authorized to be | 5 | | used as a location for election day services or as a polling | 6 | | place.
| 7 | | (Source: P.A. 98-156, eff. 8-2-13.)
| 8 | | Section 25. The State Universities Civil Service Act is | 9 | | amended by changing Section 45a as follows:
| 10 | | (110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
| 11 | | Sec. 45a.
Except as provided in the second sentence of this | 12 | | Section,
all officers and employees subject to this Act, shall | 13 | | have the
following days as holidays, for which they shall | 14 | | receive their usual
compensation: New Year's Day, January 1, | 15 | | Memorial Day, as determined by
the law of the State of | 16 | | Illinois, Independence Day, July 4, Labor Day,
the first Monday | 17 | | in September, Thanksgiving Day, the fourth Thursday of
| 18 | | November, Christmas Day, December 25, and five holidays to be | 19 | | designated
by each college, university, agency and community | 20 | | college subject to
this Act. Craft and trade employees subject | 21 | | to this Act shall be paid
for all paid holidays included in | 22 | | their area agreement, and will be paid
for all five holidays | 23 | | designated by their employer pursuant to this
section. | 24 | | Notwithstanding any other provision of State law to the |
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| 1 | | contrary, November 3, 2020 shall be a State holiday known as | 2 | | 2020 General Election Day and shall be observed throughout the | 3 | | State pursuant to this amendatory Act of the 101st General | 4 | | Assembly. All government offices, with the exception of | 5 | | election authorities, shall be closed unless authorized to be | 6 | | used as a location for election day services or as a polling | 7 | | place.
| 8 | | (Source: P.A. 79-1186.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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