Full Text of HB4853 102nd General Assembly
HB4853 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4853 Introduced 1/27/2022, by Rep. Katie Stuart SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/19-12.2 | from Ch. 46, par. 19-12.2 |
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Amends the Election Code. Provides that voting by physically incapacitated electors who have made proper application to the election authority not later than 5 days before the regular primary and general election shall be conducted either through vote by mail procedures or on specified premises (rather than only on specified premises). Effective Immediately.
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| | A BILL FOR |
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| | | HB4853 | | LRB102 24036 AWJ 33252 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 19-12.2 as follows:
| 6 | | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
| 7 | | Sec. 19-12.2. Voting by physically incapacitated electors | 8 | | who have made
proper application to the election authority not | 9 | | later than 5 days before
the regular primary and general | 10 | | election of 1980 and before each election
thereafter shall be | 11 | | conducted either through the vote by mail procedures as | 12 | | detailed in this Article or on the premises of (i) federally | 13 | | operated veterans' homes, hospitals, and facilities located in | 14 | | Illinois or (ii) facilities licensed or
certified pursuant to | 15 | | the Nursing Home Care Act, the Specialized Mental Health | 16 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 17 | | the MC/DD Act for the sole benefit of
residents of such homes, | 18 | | hospitals, and facilities. For the purposes of this Section, | 19 | | "federally operated veterans' home, hospital, or facility" | 20 | | means the long-term care facilities at the Jesse Brown VA | 21 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. | 22 | | VA Hospital, Marion VA Medical Center, and Captain James A. | 23 | | Lovell Federal Health Care Center. Such voting shall be |
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| 1 | | conducted during any
continuous period sufficient to allow all | 2 | | applicants to cast their ballots
between the hours of 9 a.m. | 3 | | and 7 p.m. either on the Friday, Saturday, Sunday
or Monday | 4 | | immediately preceding the regular election. This vote by mail | 5 | | voting on
one of said days designated by the election | 6 | | authority shall be supervised by
two election judges who must | 7 | | be selected by the election authority in the
following order | 8 | | of priority: (1) from the panel of judges appointed for the
| 9 | | precinct in which such home, hospital, or facility is located, | 10 | | or from a panel of judges appointed
for any other precinct | 11 | | within the jurisdiction of the election authority in the
same | 12 | | ward or township, as the case may be, in which the home, | 13 | | hospital, or facility is located or,
only in the case where a | 14 | | judge or judges from the precinct, township or ward
are | 15 | | unavailable to serve, (3) from a panel of judges appointed for | 16 | | any other
precinct within the jurisdiction of the election | 17 | | authority. The two judges
shall be from different political | 18 | | parties. Not less than 30 days before each
regular election, | 19 | | the election authority shall have arranged with the chief
| 20 | | administrative officer of each home, hospital, or facility in | 21 | | his or its election jurisdiction a
mutually convenient time | 22 | | period on the Friday, Saturday, Sunday or Monday
immediately | 23 | | preceding the election for such voting on the premises of the | 24 | | home, hospital, or
facility and shall post in a prominent | 25 | | place in his or its office a notice of
the agreed day and time | 26 | | period for conducting such voting at each home, hospital, or |
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| 1 | | facility;
provided that the election authority shall not later | 2 | | than noon on the Thursday
before the election also post the | 3 | | names and addresses of those homes, hospitals, and facilities | 4 | | from
which no applications were received and in which no | 5 | | supervised vote by mail voting
will be conducted. All | 6 | | provisions of this Code applicable to pollwatchers
shall be | 7 | | applicable herein. To the maximum extent feasible, voting | 8 | | booths or
screens shall be provided to insure the privacy of | 9 | | the voter. Voting procedures
shall be as described in Article | 10 | | 17 of this Code, except that ballots shall be
treated as vote | 11 | | by mail ballots and shall not be counted until the close of the
| 12 | | polls on the following day. After the last voter has concluded | 13 | | voting, the
judges shall seal the ballots in an envelope and | 14 | | affix their signatures across
the flap of the envelope. | 15 | | Immediately thereafter, the judges
shall bring the sealed | 16 | | envelope to the office of the election authority
who shall | 17 | | deliver such ballots to the election authority's central | 18 | | ballot counting location prior to
the closing of the polls on | 19 | | the day of election. The judges of election shall
also report | 20 | | to the election authority the name of any applicant in the | 21 | | home, hospital, or facility
who, due to unforeseen | 22 | | circumstance or condition or because
of a religious holiday, | 23 | | was unable to vote. In this event, the election
authority may | 24 | | appoint a qualified person from his or its staff to deliver
the | 25 | | ballot to such applicant on the day of election. This staff | 26 | | person
shall follow the same procedures prescribed for judges |
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| 1 | | conducting vote by mail
voting in such homes, hospitals, or | 2 | | facilities and shall return the ballot to the central ballot | 3 | | counting location before the polls close. However, if the | 4 | | home, hospital, or facility from
which the application was | 5 | | made is also used as a regular precinct polling place
for that | 6 | | voter, voting procedures heretofore prescribed may be | 7 | | implemented by 2
of the election judges of opposite party | 8 | | affiliation assigned to that polling
place during the hours of | 9 | | voting on the day of the election. Judges of election
shall be | 10 | | compensated not less than $25.00 for conducting vote by mail | 11 | | voting in
such homes, hospitals, or facilities.
| 12 | | Not less than 120 days before each regular election, the | 13 | | Department
of Public Health shall certify to the State Board | 14 | | of Elections a list of
the facilities licensed or certified | 15 | | pursuant to the Nursing Home Care
Act, the Specialized Mental | 16 | | Health Rehabilitation Act of 2013, the ID/DD Community Care | 17 | | Act, or the MC/DD Act. The lists shall indicate the approved | 18 | | bed capacity and the name of
the chief administrative officer | 19 | | of each such home, hospital, or facility, and the State Board
| 20 | | of Elections shall certify the same to the appropriate | 21 | | election authority
within 20 days thereafter.
| 22 | | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | 23 | | 99-180, eff. 7-29-15.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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