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Public Act 102-0001


 

Public Act 0001 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0001
 
HB1871 EnrolledLRB102 12576 SMS 17914 b

    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-55, 17-13, and 19-6 as follows:
 
    (10 ILCS 5/1A-55)
    (Text of Section from P.A. 100-587)
    Sec. 1A-55. Cyber security efforts. The State Board of
Elections shall provide by rule, after at least 2 public
hearings of the Board and in consultation with the election
authorities, a Cyber Navigator Program to support the efforts
of election authorities to defend against cyber breaches and
detect and recover from cyber attacks. The rules shall include
the Board's plan to allocate any resources received in
accordance with the Help America Vote Act and provide that no
less than half of any such funds received shall be allocated to
the Cyber Navigator Program. The Cyber Navigator Program
should be designed to provide equal support to all election
authorities, with allowable modifications based on need. The
remaining half of the Help America Vote Act funds shall be
distributed as the State Board of Elections may determine, but
no grants may be made to election authorities that do not
participate in the Cyber Navigator Program.
    In distribution of the remaining funds received under the
federal Help America Vote Act, the Board may make such funds
available to election authorities for the maintenance of
secure collection sites for the return of vote by mail
ballots.
(Source: P.A. 100-587, eff. 6-4-18.)
 
    (Text of Section from P.A. 100-623)
    Sec. 1A-55. Cyber security efforts. The Board shall adopt
rules, after at least 2 public hearings of the Board and in
consultation with election authorities, establishing a cyber
navigator program to support election authorities' efforts to
defend against cyber breaches and detect and recover from
cyber attacks. The rules shall include the Board's plan to
allocate any resources received in accordance with the federal
Help America Vote Act and provide that no less than half of any
funds received under the federal Help America Vote Act shall
be allocated to the cyber navigator program. The cyber
navigator program shall be designed to provide equal support
to all elections authorities with some modifications allowable
based on need. The remaining half of the federal Help America
Vote Act funds shall be distributed as the Board sees fit, but
no grants may be made to election authorities that do not
participate in the cyber navigator program managed by the
Board.
    In distribution of the remaining funds received under the
federal Help America Vote Act, the Board may make such funds
available to election authorities for the maintenance of
secure collection sites for the return of vote by mail
ballots.
(Source: P.A. 100-623, eff. 7-20-18.)
 
    (10 ILCS 5/17-13)  (from Ch. 46, par. 17-13)
    Sec. 17-13. (a) In the case of an emergency, as determined
by the State Board of Elections, or if the Board determines
that all potential polling places have been surveyed by the
election authority and that no accessible polling place, as
defined by rule of the State Board of Elections, is available
within a precinct nor is the election authority able to make a
polling place within the precinct temporarily accessible, the
Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility
requirements of the Federal Voting Accessibility for the
Elderly and Handicapped Act (Public Law 98-435). Such
exemption shall be valid for a period of 2 years.
    (b) Any voter with a temporary or permanent disability
who, because of structural features of the building in which
the polling place is located, is unable to access or enter the
polling place, may request that 2 judges of election of
opposite party affiliation deliver a ballot to him or her at
the point where he or she is unable to continue forward motion
toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the
building in which the polling place is located. Such request
shall be made to the election authority not later than the
close of business at the election authority's office on the
day before the election and on a form prescribed by the State
Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places
of such requests.
    Weather permitting, 2 judges of election shall deliver to
the voter with a disability the ballot which he or she is
entitled to vote, a portable voting booth or other enclosure
that will allow such voter to mark his or her ballot in
secrecy, and a marking device.
    (c) The voter must complete the entire voting process,
including the application for ballot from which the judges of
election shall compare the voter's signature with the
signature on his or her registration record card in the
precinct binder.
    (d) Election authorities may establish curb-side voting
for individuals to cast a ballot during early voting or on
election day. An election authority's curb-side voting program
shall designate at least 2 election judges from opposite
parties per vehicle and the individual must have the option to
mark the ballot without interference from the election judges.
    After the voter has marked his or her ballot and placed it
in the ballot envelope (or folded it in the manner prescribed
for paper ballots), the 2 judges of election shall return the
ballot to the polling place and give it to the judge in charge
of the ballot box who shall deposit it therein.
    Pollwatchers as provided in Sections 7-34 and 17-23 of
this Code shall be permitted to accompany the judges and
observe the above procedure.
    No assistance may be given to such voter in marking his or
her ballot, unless the voter requests assistance and completes
the affidavit required by Section 17-14 of this Code.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
    Sec. 19-6. Such vote by mail voter shall make and
subscribe to the certifications provided for in the
application and on the return envelope for the ballot, and
such ballot or ballots shall be folded by such voter in the
manner required to be folded before depositing the same in the
ballot box, and be deposited in such envelope and the envelope
securely sealed. The voter shall then endorse his certificate
upon the back of the envelope and the envelope shall be mailed
in person by such voter, postage prepaid, to the election
authority issuing the ballot or, if more convenient, it may be
delivered in person, by either the voter or by any person
authorized by the voter, or by a company licensed as a motor
carrier of property by the Illinois Commerce Commission under
the Illinois Commercial Transportation Law, which is engaged
in the business of making deliveries.
    Election authorities shall accept any vote by mail ballot
returned, including ballots returned with insufficient or no
postage. Election authorities may maintain one or more secure
collection sites for the postage-free return of vote by mail
ballots. Any election authority with collection sites shall
collect all ballots returned each day at close of business and
process them as required by this Code, including noting the
day on which the ballot was returned. Ballots returned to such
collection sites after close of business shall be dated as
delivered the next day, with the exception of ballots
delivered on election day, which shall be dated as received on
election day. Election authorities shall permit electors to
return vote by mail ballots at any collection site it has
established through the close of polls on election day. All
collection sites shall be secured by locks that may be opened
only by election authority personnel. The State Board of
Elections shall establish additional guidelines for the
security of collection sites.
     It shall be unlawful for any person not the voter or a
person authorized by the voter to take the ballot and ballot
envelope of a voter for deposit into the mail unless the ballot
has been issued pursuant to application by a physically
incapacitated elector under Section 3-3 or a hospitalized
voter under Section 19-13, in which case any employee or
person under the direction of the facility in which the
elector or voter is located may deposit the ballot and ballot
envelope into the mail. If the voter authorized a person to
deliver the ballot to the election authority, the voter and
the person authorized to deliver the ballot shall complete the
authorization printed on the exterior envelope supplied by an
election authority for the return of the vote by mail ballot.
The exterior of the envelope supplied by an election authority
for the return of the vote by mail ballot shall include an
authorization in substantially the following form:
 
    I ............ (voter) authorize ............... to take
the necessary steps to have this ballot delivered promptly to
the office of the election authority.
 
.......................              ........................
         Date                           Signature of voter
 
...............................................
Printed Name of Authorized Delivery Agent
 
...............................................
Signature of Authorized Delivery Agency
 
...............................................
Date Delivered to the Election Authority
(Source: P.A. 98-1171, eff. 6-1-15.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 4/2/2021