Bill Text: IL HB4198 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that an election authority may elect to mail a vote by mail ballot to all qualified voters instead of sending notices and applications for permanent vote by mail status. Requires the election authority to make a list of all voters to whom the vote by mail ballots will be sent, publicly post that list, and send the list to the State Board of Elections. Provides that a person who has never voted before may not be sent a vote by mail ballot under the provisions unless the person first provides the election authority with sufficient proof of identity and the election authority verifies the person's proof of identity. Provides that a person may request, in writing, to the election authority that the person not receive a ballot sent under the provisions. Provides that the election authority shall keep a record of a person who has made a request and, in all future elections following receipt of the request, shall instead send the person who made the request a notice and application for permanent vote by mail status.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4198 Detail]

Download: Illinois-2023-HB4198-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4198 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
10 ILCS 5/19-2.5
10 ILCS 5/19-4 from Ch. 46, par. 19-4
Amends the Election Code. Provides that an election authority may elect to mail a vote by mail ballot to all qualified voters instead of sending notices and applications for permanent vote by mail status. Requires the election authority to make a list of all voters to whom the vote by mail ballots will be sent, publicly post that list, and send the list to the State Board of Elections. Provides that a person who has never voted before may not be sent a vote by mail ballot under the provisions unless the person first provides the election authority with sufficient proof of identity and the election authority verifies the person's proof of identity. Provides that a person may request, in writing, to the election authority that the person not receive a ballot sent under the provisions. Provides that the election authority shall keep a record of a person who has made a request and, in all future elections following receipt of the request, shall instead send the person who made the request a notice and application for permanent vote by mail status.
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A BILL FOR
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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 19-2.5 and 19-4 as follows:
(10 ILCS 5/19-2.5)
Sec. 19-2.5. Notice for vote by mail ballot; exception.
(a) An election authority shall notify all qualified
voters, not more than 90 days nor less than 45 days before a
general or consolidated election, of the option for permanent
vote by mail status using the following notice and including
the application for permanent vote by mail status in
subsection (b) of Section 19-3:
"You may apply to permanently be placed on vote by
mail status using the attached application.".
(b) Instead of sending the notices and applications for
permanent vote by mail status under subsection (a), an
election authority may mail a vote by mail ballot to all
qualified voters within its jurisdiction as provided in
subsection (b) of Section 19-4.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)

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Sec. 19-4. Mailing or delivery of ballots; time.
(a) Immediately upon the receipt of such application
either by mail or electronic means, not more than 90 days nor
less than 5 days prior to such election, or by personal
delivery not more than 90 days nor less than one day prior to
such election, at the office of such election authority, it
shall be the duty of such election authority to examine the
records to ascertain whether or not such applicant is lawfully
entitled to vote as requested, including a verification of the
applicant's signature on file with the office of the election
authority, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting
permission therefor. Within one day after posting the name and
other information of an applicant for a vote by mail ballot,
the election authority shall transmit by electronic means
pursuant to a process established by the State Board of
Elections that name and other posted information to the State
Board of Elections, which shall maintain those names and other
information in an electronic format on its website, arranged

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by county and accessible to State and local political
committees.
(b) If an election authority elects to mail a vote by mail
ballot to all qualified voters instead of sending the notice
and application for permanent vote by mail status under
subsection (a) of Section 19-4, the vote by mail ballots shall
be sent in the same timeframes ballots are sent under
subsection (c) of this Section. Before mailing the vote by
mail ballots under this subsection and not more than 90 days
nor less than 5 days prior to the election, or by personal
delivery not more than 90 days nor less than one day prior to
such election, at the office of the election authority, the
election authority shall examine the records to ascertain
which registered voters are entitled to vote and, if found so
to be entitled to vote, post the name, street address, ward,
and precinct number or township and district number, as the
case may be, of those registered voters on a list, the pages of
which are to be numbered consecutively to be kept by the
election authority for election purposes in a conspicuous,
open, and public place accessible to the public at the
entrance of the office of the election authority and in a
manner that the list may be viewed without necessity of
requesting permission to view the list. Within one day after
posting the names and other information of the registered
voters to which vote by mail ballots will be automatically
sent, the election authority shall transmit by electronic

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means pursuant to a process established by the State Board of
Elections that name and other posted information to the State
Board of Elections, which shall maintain those names and other
information in an electronic format on its website, arranged
by county and accessible to State and local political
committees.
A person who has never voted before may not be sent a vote
by mail ballot under this subsection unless the person first
provides the election authority with sufficient proof of
identity and the election authority verifies the person's
proof of identity.
A person may request, in writing, to the election
authority that the person not receive a ballot sent under this
subsection. The election authority shall keep a record of a
person who has made a request under this paragraph and, in all
future elections following receipt of the request, shall
instead send the person who made the request a notice and
application under subsection (a) of Section 19-2.5.
(c) Within 2 business days after posting a name and other
information on the list within its office under subsection (a)
or (b), but no sooner than 40 days before an election, the
election authority shall mail, postage prepaid, or deliver in
person in such office, or deliver via electronic transmission
pursuant to Section 19-2.6, an official ballot or ballots if
more than one are to be voted at said election. Mail delivery
of Temporarily Absent Student ballot applications pursuant to

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Section 19-12.3 shall be by nonforwardable mail. However, for
the consolidated election, vote by mail ballots for certain
precincts may be delivered to applicants not less than 25 days
before the election if so much time is required to have
prepared and printed the ballots containing the names of
persons nominated for offices at the consolidated primary.
The election authority shall enclose with each vote by
mail ballot or application written instructions on how voting
assistance shall be provided pursuant to Section 17-14 and a
document, written and approved by the State Board of
Elections, informing the vote by mail voter of the required
postage for returning the application and ballot, and
enumerating the circumstances under which a person is
authorized to vote by vote by mail ballot pursuant to this
Article; such document shall also include a statement
informing the applicant that if he or she falsifies or is
solicited by another to falsify his or her eligibility to cast
a vote by mail ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list
of the name, street address, ward and precinct, or township
and district number, as the case may be, of all applicants who
have returned vote by mail ballots to such authority, and the
name of such vote by mail voter shall be added to such list
within one business day from receipt of such ballot. If the
vote by mail ballot envelope indicates that the voter was

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assisted in casting the ballot, the name of the person so
assisting shall be included on the list. The list, the pages of
which are to be numbered consecutively, shall be kept by each
election authority in a conspicuous, open, and public place
accessible to the public at the entrance of the office of the
election authority and in a manner that the list may be viewed
without necessity of requesting permission for viewing.
(d) Each election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority
shall deliver to the judges of election in each precinct the
list of registered voters in that precinct to whom vote by mail
ballots have been issued by mail.
(e) Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each
election jurisdiction within which such voters temporarily
abide. Immediately after the close of the period during which
application may be made by mail or electronic means for vote by
mail ballots, each election authority shall mail to each other
election authority within the State a certified list of all
such voters temporarily abiding within the jurisdiction of the
other election authority.
(f) In the event that the return address of an application

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for ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013,
the ID/DD Community Care Act, or the MC/DD Act, within the
jurisdiction of the election authority, and the applicant is a
registered voter in the precinct in which such facility is
located, the ballots shall be prepared and transmitted to a
responsible judge of election no later than 9 a.m. on the
Friday, Saturday, Sunday, or Monday immediately preceding the
election as designated by the election authority under Section
19-12.2. Such judge shall deliver in person on the designated
day the ballot to the applicant on the premises of the facility
from which application was made. The election authority shall
by mail notify the applicant in such facility that the ballot
will be delivered by a judge of election on the designated day.
(g) All applications for vote by mail ballots shall be
available at the office of the election authority for public
inspection upon request from the time of receipt thereof by
the election authority until 30 days after the election,
except during the time such applications are kept in the
office of the election authority pursuant to Section 19-7, and
except during the time such applications are in the possession
of the judges of election.
(h) Notwithstanding any provision of this Section to the
contrary, pursuant to subsection (a) of Section 30 of the
Address Confidentiality for Victims of Domestic Violence,

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