Full Text of HB4486 102nd General Assembly
HB4486 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4486 Introduced 1/21/2022, by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/1A-70 new | | 10 ILCS 5/19-3 | from Ch. 46, par. 19-3 |
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Amends the Election Code. Provides that the State Board of Elections shall develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is: (1) mailed to a voter; and (2) deposited in the mail; or (3) deposited in a ballot box. Effective July 1, 2022.
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| | A BILL FOR |
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| | | HB4486 | | LRB102 21271 HLH 30382 b |
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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 | | Section 19-3 and by adding Section 1A-70 as follows: | 6 | | (10 ILCS 5/1A-70 new) | 7 | | Sec. 1A-70. Ballot tracking system. | 8 | | (a) As used in this Section: | 9 | | "Change in the status" means: | 10 | | (1) when a trackable ballot is mailed to a voter; | 11 | | (2) when an election official receives a voted | 12 | | trackable ballot; and | 13 | | (3) when a voted trackable ballot is counted. | 14 | | "Trackable ballot" means a ballot that is: | 15 | | (1) mailed to a voter in accordance with Article 19; | 16 | | and | 17 | | (2) deposited in the mail by a voter in accordance | 18 | | with Article 19; or | 19 | | (3) deposited in a ballot box by a voter in accordance | 20 | | with Article 15. | 21 | | "Voter registration database" means the statewide database | 22 | | established under Section 1A-45, or any successor statewide | 23 | | voter registration database established by the State Board of |
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| 1 | | Elections, the Secretary of State, or both. | 2 | | (b) The State Board of Elections shall develop and | 3 | | maintain a statewide or locally-based system to track and | 4 | | confirm when there is a change in the status of a trackable | 5 | | ballot. | 6 | | (c) The ballot tracking system shall be operational on or | 7 | | before July 1, 2022. | 8 | | (d) Beginning on July 1, 2022, if a voter elects to receive | 9 | | electronic notifications regarding the status of the voter's | 10 | | trackable ballot, the ballot tracking system shall, when there | 11 | | is a change in the status of the voter's trackable ballot: | 12 | | (1) send a text message notification to the voter if | 13 | | the voter's information in the voter registration database | 14 | | includes a mobile telephone number; | 15 | | (2) send an e-mail notification to the voter if the | 16 | | voter's information in the voter registration database | 17 | | includes an e-mail address; and | 18 | | (3) send a notification by another electronic means | 19 | | directed by the State Board of Elections. | 20 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 21 | | Sec. 19-3. Application for a vote by mail ballot. | 22 | | (a) The
application for a vote by mail ballot for a single | 23 | | election shall be substantially in the
following form: | 24 | | APPLICATION FOR VOTE BY MAIL BALLOT | 25 | | To be voted at the .... election in the County of .... and |
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| 1 | | State of
Illinois, in the .... precinct of the (1) *township of | 2 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 3 | | I state that I am a resident of the .... precinct of the | 4 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 5 | | the city of
.... residing at .... in such city or town in the | 6 | | county of .... and
State of Illinois; that I have lived at such | 7 | | address for .... month(s)
last past; that I am lawfully | 8 | | entitled to vote in such precinct at the
.... election to be | 9 | | held therein on ....; and that I wish to vote by vote by mail | 10 | | ballot. | 11 | | I hereby make application for an official ballot or | 12 | | ballots to be
voted by me at such election, and I agree that I | 13 | | shall return such ballot or ballots to the
official issuing | 14 | | the same prior to the closing of the polls on the date
of the | 15 | | election or, if returned by mail, postmarked no later than | 16 | | election day, for counting no later than during the period for | 17 | | counting provisional ballots, the last day of which is the | 18 | | 14th day following election day. | 19 | | I understand that this application is made for an official | 20 | | vote by mail ballot or ballots to be voted by me at the | 21 | | election specified in this application and that I must submit | 22 | | a separate application for an official vote by mail ballot or | 23 | | ballots to be voted by me at any subsequent election. | 24 | | Under penalties as provided by law pursuant to Section | 25 | | 29-10 of the
Election Code, the undersigned certifies that the | 26 | | statements set forth
in this application are true and correct. |
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| 1 | | .... | 2 | | *fill in either (1), (2) or (3). | 3 | | Post office address to which ballot is mailed: | 4 | | ............... | 5 | | (b) The application for permanent vote by mail status | 6 | | shall be substantially in the following form: | 7 | | APPLICATION FOR PERMANENT VOTE BY MAIL STATUS | 8 | | I am currently a registered voter and wish to apply for | 9 | | permanent vote by mail status. | 10 | | I state that I am a resident of the City of .... residing | 11 | | at .... in such city in the county of .... and State of | 12 | | Illinois; that I have lived at such address for .... month(s) | 13 | | last past; that I am lawfully entitled to vote in such precinct | 14 | | at the .... election to be held therein on ....; and that I | 15 | | wish to vote by vote by mail ballot in: | 16 | | ..... all subsequent elections that do not require a party | 17 | | designation. | 18 | | ..... all subsequent elections, and I wish to receive a | 19 | | ................... Party vote by mail ballot in | 20 | | elections that require a party designation. | 21 | | I hereby make application for an official ballot or | 22 | | ballots to be voted by me at such election, and I agree that I | 23 | | shall return such ballot or ballots to the official issuing | 24 | | the same prior to the closing of the polls on the date of the | 25 | | election or, if returned by mail, postmarked no later than | 26 | | election day, for counting no later than during the period for |
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| 1 | | counting provisional ballots, the last day of which is the | 2 | | 14th day following election day. | 3 | | Under penalties as provided by law under Section 29-10 of | 4 | | the Election Code, the undersigned certifies that the | 5 | | statements set forth in this application are true and correct. | 6 | | .... | 7 | | Post office address to which ballot is mailed: | 8 | | ............... | 9 | | (c) However, if application is made for a primary election | 10 | | ballot, such
application shall require the applicant to | 11 | | designate the name of the political party with which
the | 12 | | applicant is affiliated. The election authority shall allow | 13 | | any voter on permanent vote by mail status to change his or her | 14 | | party affiliation for a primary election ballot by a method | 15 | | and deadline published and selected by the election authority. | 16 | | (d) If application is made electronically, the applicant | 17 | | shall mark the box associated with the above described | 18 | | statement included as part of the online application | 19 | | certifying that the statements set forth in the application | 20 | | under subsection (a) or (b) are true and correct, and a | 21 | | signature is not required. | 22 | | (e) Any person may produce, reproduce, distribute, or | 23 | | return to an election authority an application under this | 24 | | Section. If applications are sent to a post office box | 25 | | controlled by any individual or organization that is not an | 26 | | election authority, those applications shall (i) include a |
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| 1 | | valid and current phone number for the individual or | 2 | | organization controlling the post office box and (ii) be | 3 | | turned over to the appropriate election authority within 7 | 4 | | days of receipt or, if received within 2 weeks of the election | 5 | | in which an applicant intends to vote, within 2 days of | 6 | | receipt. Failure to turn over the applications in compliance | 7 | | with this paragraph shall constitute a violation of this Code | 8 | | and shall be punishable as a petty offense with a fine of $100 | 9 | | per application. Removing, tampering with, or otherwise | 10 | | knowingly making the postmark on the application unreadable by | 11 | | the election authority shall establish a rebuttable | 12 | | presumption of a violation of this paragraph. Upon receipt, | 13 | | the appropriate election authority shall accept and promptly | 14 | | process any application under this Section submitted in a form | 15 | | substantially similar to that required by this Section, | 16 | | including any substantially similar production or reproduction | 17 | | generated by the applicant. | 18 | | (f) An election authority may combine the applications in | 19 | | subsections (a) and (b) onto one form, but the distinction | 20 | | between the applications must be clear and the form must | 21 | | provide check boxes for an applicant to indicate whether he or | 22 | | she is applying for a single election vote by mail ballot or | 23 | | for permanent vote by mail status. | 24 | | (g) Beginning on July 1, 2022, the application shall also | 25 | | include substantially the following provision, along with a | 26 | | provision to allow the voter to specifically consent to |
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| 1 | | receive notifications by text message or e-mail: | 2 | | "If you have provided a phone number or email address, you | 3 | | can receive notifications by text message or e-mail regarding | 4 | | the status of a ballot that is mailed to you and that you | 5 | | deposit in the mail or in a ballot drop box by indicating the | 6 | | phone number or email address here." | 7 | | If the applicant provides a phone number or email address | 8 | | on his or her application, the election authority shall | 9 | | transmit that information to the State Board of Elections for | 10 | | inclusion in the statewide voter registration database. | 11 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 12 | | Section 99. Effective date. This Act takes effect July 1, | 13 | | 2022.
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