Full Text of HB3384 101st General Assembly
HB3384 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3384 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/17-20 | from Ch. 46, par. 17-20 | 10 ILCS 5/19-8 | from Ch. 46, par. 19-8 |
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Amends the Election Code. Requires county clerks to immediately post vote totals received by each precinct, including vote by mail ballots determined to be valid, on the county clerk's website.
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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 17-20 and 19-8 as follows:
| 6 | | (10 ILCS 5/17-20) (from Ch. 46, par. 17-20)
| 7 | | Sec. 17-20.
When the canvass of the ballots has been | 8 | | completed, the
tally judges shall announce to the judges the | 9 | | total number of votes
received by each candidate; each judge of | 10 | | the election shall proclaim in
a loud voice the total number of | 11 | | votes received by each of the persons
voted for and the office | 12 | | for which he is designated, and the number of
votes for and | 13 | | number of votes against any proposition which has been
| 14 | | submitted to a vote of the people; such proclamation shall be | 15 | | prima
facie evidence of the result of such canvass of the | 16 | | ballots.
| 17 | | Immediately after making such proclamation the judges
| 18 | | shall designate one of their number to go
to the nearest | 19 | | telephone and report to the office of the county clerk
the | 20 | | results announced in such proclamation. The county clerk in | 21 | | such
counties shall keep his office open after the close of the | 22 | | polls on the
day of any election and thereafter until he has | 23 | | received from each
precinct in such county the report above |
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| 1 | | provided for. Immediately upon
receiving such report the county | 2 | | clerk shall cause the same to be posted
in a public place in | 3 | | his office for inspection by the public and shall post the vote | 4 | | totals for each precinct on the county clerk's website .
| 5 | | Immediately after making such report such judge shall return to | 6 | | the
polling place.
| 7 | | After making such proclamation and before separating, the | 8 | | judges of
all counties shall fold or roll all of the ballots | 9 | | which have been
counted by them, except those ballots which | 10 | | have been in the ballot box
but have not been counted and | 11 | | marked "defective" or "objected to",
securely bind them, | 12 | | lengthwise and in width, with a soft cord having a
minimum | 13 | | tensile strength of 60 pounds, and wrap the same with heavy
| 14 | | wrapping paper on which the judges of election shall write | 15 | | their
signature and seal the package with filament over the
| 16 | | signatures and around the package lengthwise and crosswise, at | 17 | | least twice
each way, so that the
ballots cannot be removed | 18 | | from the package without breaking the seal and
the filament | 19 | | tape and disturbing the signatures, and enclose
the ballots so | 20 | | wrapped, together with the envelope containing the
ballots | 21 | | marked "defective" or "objected to", in a secure canvass
| 22 | | covering, which the judges of election shall sign and seal with
| 23 | | filament tape as above specified. The precinct judges of
| 24 | | election shall elect 2 judges (one from each of the major | 25 | | political
parties), who shall immediately return the ballots, | 26 | | in such sealed
canvass covering, to the election authority who
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| 1 | | shall keep their respective offices, or any receiving stations | 2 | | designated
by them, open for at least 12 consecutive hours | 3 | | after the polls close, or
until the ballots from all precincts | 4 | | within the jurisdiction of any such
election authority are | 5 | | returned to the office of such election authority,
signed and | 6 | | sealed as above specified. Ballots returned to the office of an
| 7 | | election authority which are not signed and sealed as above | 8 | | specified shall
not be accepted until the judges returning the | 9 | | same sign and properly seal
the same. Upon acceptance of the | 10 | | returned ballots by the election
authority, the judges | 11 | | returning the same shall take a receipt signed by the
election | 12 | | authority and stamped with the time and date of such return. | 13 | | The
election judges whose duty it is to return any ballots as | 14 | | above provided
shall, in the event such ballots cannot be found | 15 | | when
needed, on proper request, produce the receipt which they | 16 | | are to take as
above provided. Upon receiving the ballots so | 17 | | returned, the election authority
shall carefully preserve the
| 18 | | ballots for 2 months, subject to their examination in a | 19 | | discovery recount
proceeding in accordance with law. However, | 20 | | where electronic voting systems
are used, the apparatus or | 21 | | frame in which the ballot booklet is contained
shall not be | 22 | | subject to the 2 month preservation requirement. At the | 23 | | expiration
of that time such election authority shall
remove | 24 | | the same from original package and shall destroy the same,
| 25 | | together with all unused ballots returned from the polling | 26 | | places. If any contest
of election is pending at such time in |
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| 1 | | which such ballots may be
required as evidence, and such | 2 | | election authority has
notice thereof the same shall not be | 3 | | destroyed until after such contest
is finally determined.
| 4 | | Where voting machines or electronic voting systems are | 5 | | used, the
provisions of this section may be modified as | 6 | | required or authorized by
Article 24 or Article 24A, whichever | 7 | | is applicable.
| 8 | | (Source: P.A. 83-1362.)
| 9 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 10 | | Sec. 19-8. Time and place of counting ballots. | 11 | | (a) (Blank.) | 12 | | (b) Each vote by mail voter's ballot returned to an | 13 | | election authority, by any means authorized by this Article, | 14 | | and received by that election authority before the closing of | 15 | | the polls on election day shall be endorsed by the receiving | 16 | | election authority with the day and hour of receipt and may be | 17 | | processed by the election authority beginning on the day it is | 18 | | received by the election authority in the central ballot | 19 | | counting location of the election authority, but the results of | 20 | | the processing may not be counted until the day of the election | 21 | | after 7:00 p.m., except as provided in subsections (g) and | 22 | | (g-5).
| 23 | | (c) Each vote by mail voter's ballot that is mailed to an | 24 | | election authority and postmarked no later than election day, | 25 | | but that is received by the election authority after the polls |
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| 1 | | close on election day and before the close of the period for | 2 | | counting provisional ballots cast at that election, shall be | 3 | | endorsed by the receiving authority with the day and hour of | 4 | | receipt and shall be counted at the central ballot counting | 5 | | location of the election authority during the period for | 6 | | counting provisional ballots. | 7 | | Each vote by mail voter's ballot that is mailed to an | 8 | | election authority absent a postmark or a barcode usable with | 9 | | an intelligent mail barcode tracking system, but that is | 10 | | received by the election authority after the polls close on | 11 | | election day and before the close of the period for counting | 12 | | provisional ballots cast at that election, shall be endorsed by | 13 | | the receiving authority with the day and hour of receipt, | 14 | | opened to inspect the date inserted on the certification, and, | 15 | | if the certification date is election day or earlier and the | 16 | | ballot is otherwise found to be valid under the requirements of | 17 | | this Section, counted at the central ballot counting location | 18 | | of the election authority during the period for counting | 19 | | provisional ballots. Absent a date on the certification, the | 20 | | ballot shall not be counted.
| 21 | | If an election authority is using an intelligent mail | 22 | | barcode tracking system, a ballot that is mailed to an election | 23 | | authority absent a postmark may be counted if the intelligent | 24 | | mail barcode tracking system verifies the envelope was mailed | 25 | | no later than election day. | 26 | | (d) Special write-in vote by mail voter's blank ballots |
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| 1 | | returned to an election authority, by any means authorized by | 2 | | this Article, and received by the election authority at any | 3 | | time before the closing of the polls on election day shall be | 4 | | endorsed by the receiving election authority with the day and | 5 | | hour of receipt and shall be counted at the central ballot | 6 | | counting location of the election authority during the same | 7 | | period provided for counting vote by mail voters' ballots under | 8 | | subsections (b), (g), and (g-5). Special write-in vote by mail | 9 | | voter's blank ballots that are mailed to an election authority | 10 | | and postmarked no later than election day, but that are | 11 | | received by the election authority after the polls close on | 12 | | election day and before the closing of the period for counting | 13 | | provisional ballots cast at that election, shall be endorsed by | 14 | | the receiving authority with the day and hour of receipt and | 15 | | shall be counted at the central ballot counting location of the | 16 | | election authority during the same periods provided for | 17 | | counting vote by mail voters' ballots under subsection (c). | 18 | | (e) Except as otherwise provided in this Section, vote by | 19 | | mail voters' ballots and special write-in vote by mail voter's | 20 | | blank ballots received by the election authority after the | 21 | | closing of the polls on an
election day shall be endorsed by | 22 | | the election authority receiving them
with the day and hour of | 23 | | receipt and shall be safely kept unopened by the
election | 24 | | authority for the period of time required for the preservation | 25 | | of
ballots used at the election, and shall then, without being | 26 | | opened, be
destroyed in like manner as the used ballots of that |
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| 1 | | election.
| 2 | | (f) Counting required under this Section to begin on | 3 | | election day after the closing of the polls shall commence no | 4 | | later than 8:00 p.m. and shall be conducted
by a panel or | 5 | | panels of election judges appointed in the manner provided
by | 6 | | law. The counting shall continue until all vote by mail voters' | 7 | | ballots and special write-in vote by mail voter's blank ballots | 8 | | required to be counted on election day have been counted.
| 9 | | (g) The procedures set forth in Articles 17 and
18 of this | 10 | | Code shall apply to all ballots counted under
this Section. In | 11 | | addition, within 2 days after a vote by mail ballot is | 12 | | received, but in all cases before the close of the period for | 13 | | counting provisional ballots, the election judge or official | 14 | | shall compare the voter's signature on the certification | 15 | | envelope of that vote by mail ballot with the signature of the | 16 | | voter on file in the office of the election authority. If the | 17 | | election judge or official determines that the 2 signatures | 18 | | match, and that the vote by mail voter is otherwise qualified | 19 | | to cast a vote by mail ballot, the election authority shall | 20 | | cast and count the ballot on election day or the day the ballot | 21 | | is determined to be valid, whichever is later, adding the | 22 | | results to the precinct in which the voter is registered. If | 23 | | the election judge or official determines that the signatures | 24 | | do not match, or that the vote by mail voter is not qualified | 25 | | to cast a vote by mail ballot, then without opening the | 26 | | certification envelope, the judge or official shall mark across |
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| 1 | | the face of the certification envelope the word "Rejected" and | 2 | | shall not cast or count the ballot. | 3 | | In addition to the voter's signatures not matching, a vote | 4 | | by mail ballot may be rejected by the election judge or | 5 | | official: | 6 | | (1) if the ballot envelope is open or has been opened | 7 | | and resealed; | 8 | | (2) if the voter has already cast an early or grace | 9 | | period ballot; | 10 | | (3) if the voter voted in person on election day or the | 11 | | voter is not a duly registered voter in the precinct; or | 12 | | (4) on any other basis set forth in this Code. | 13 | | If the election judge or official determines that any of | 14 | | these reasons apply, the judge or official shall mark across | 15 | | the face of the certification envelope the word "Rejected" and | 16 | | shall not cast or count the ballot.
| 17 | | (g-5) If a vote by mail ballot is rejected by the election | 18 | | judge or official for any reason, the election authority shall, | 19 | | within 2 days after the rejection but in all cases before the | 20 | | close of the period for counting provisional ballots, notify | 21 | | the vote by mail voter that his or her ballot was rejected. The | 22 | | notice shall inform the voter of the reason or reasons the | 23 | | ballot was rejected and shall state that the voter may appear | 24 | | before the election authority, on or before the 14th day after | 25 | | the election, to show cause as to why the ballot should not be | 26 | | rejected. The voter may present evidence to the election |
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| 1 | | authority supporting his or her contention that the ballot | 2 | | should be counted. The election authority shall appoint a panel | 3 | | of 3 election judges to review the contested ballot, | 4 | | application, and certification envelope, as well as any | 5 | | evidence submitted by the vote by mail voter. No more than 2 | 6 | | election judges on the reviewing panel shall be of the same | 7 | | political party. The reviewing panel of election judges shall | 8 | | make a final determination as to the validity of the contested | 9 | | vote by mail ballot. The judges' determination shall not be | 10 | | reviewable either administratively or judicially. | 11 | | A vote by mail ballot subject to this subsection that is | 12 | | determined to be valid shall be counted before the close of the | 13 | | period for counting provisional ballots.
| 14 | | (g-10) All vote by mail ballots determined to be valid | 15 | | shall be added to the vote totals for the precincts for which | 16 | | they were cast in the order in which the ballots were opened | 17 | | and added to the vote totals for each precinct on the county | 18 | | clerk's website as required under Section 17-20 .
| 19 | | (h) Each political party, candidate, and qualified civic | 20 | | organization shall be entitled to have present one pollwatcher | 21 | | for each panel of election judges therein assigned.
| 22 | | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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