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Public Act 102-0001
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| HB1871 Enrolled | LRB102 12576 SMS 17914 b |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing |
Sections 1A-55, 17-13, and 19-6 as follows:
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(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. |
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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.
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(Source: P.A. 100-587, eff. 6-4-18.)
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(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 |
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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.
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(Source: P.A. 100-623, eff. 7-20-18.)
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(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
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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
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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.
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(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
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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
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judges of election for the appropriate precinct polling places |
of such requests.
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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.
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(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.
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(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 |
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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.
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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.
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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.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
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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
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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 |
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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 |
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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:
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I ............ (voter) authorize ............... to take |
the necessary steps to have this ballot delivered promptly to |
the office of the election authority.
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....................... ........................
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Date Signature of voter
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...............................................
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Printed Name of Authorized Delivery Agent
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...............................................
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Signature of Authorized Delivery Agency
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...............................................
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Date Delivered to the Election Authority
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(Source: P.A. 98-1171, eff. 6-1-15.)
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