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Public Act 101-0642 | ||||
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AN ACT concerning government.
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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 Illinois Administrative Procedure Act is | ||||
amended by adding Section 5-45.1 as follows: | ||||
(5 ILCS 100/5-45.1 new) | ||||
Sec. 5-45.1. Emergency rulemaking; 2020 general election. | ||||
To provide for the expeditious and timely implementation of | ||||
Article 2B of the Election Code, emergency rules implementing | ||||
Article 2B of the Election Code may be adopted in accordance | ||||
with Section 5-45 by the State Board of Elections. The adoption | ||||
of emergency rules authorized by Section 5-45 and this Section | ||||
is deemed to be necessary for the public interest, safety, and | ||||
welfare. | ||||
This Section is repealed on January 1, 2021. | ||||
Section 10. The Election Code is amended by adding Article | ||||
2B as follows: | ||||
(10 ILCS 5/Art. 2B heading new) | ||||
ARTICLE 2B. CONDUCT OF THE 2020 GENERAL ELECTION | ||||
(10 ILCS 5/2B-1 new) |
Sec. 2B-1. Purpose. Whereas protecting the health and | ||
safety of Illinoisans is among the most important functions of | ||
State government, and whereas the Coronavirus Disease 2019 | ||
(COVID-19) has resulted in declarations that COVID-19 presents | ||
a severe public health emergency by the World Health | ||
Organization, the United States government, and the Governor of | ||
Illinois, the General Assembly therefore declares it necessary | ||
and appropriate to make certain modifications to the | ||
administration and conduct of the elections for the November | ||
2020 general election. The provisions of this Article are | ||
deemed necessary to protect the safety, health, and rights of | ||
the people of Illinois. | ||
(10 ILCS 5/2B-5 new) | ||
Sec. 2B-5. Application of Article. | ||
(a) In addition to the provisions of this Code and | ||
notwithstanding any other law to the contrary, the provisions | ||
in this Article shall govern the process and procedures for the | ||
2020 general election. The provisions of this Code shall | ||
control any aspect of the administration or conduct of the 2020 | ||
general election that is not provided for in this Article, | ||
provided that in the event of conflict between this Article and | ||
any other provision of this Code or any other law, the | ||
provisions of this Article shall control. | ||
(b) The provisions of this Article shall apply to all | ||
election authorities, including, but not limited to, those |
under the jurisdiction of a Board of Election Commissioners. | ||
(c) The provisions of this Article shall apply for the | ||
administration and conduct of the 2020 general election only | ||
and the provisions of this amendatory Act of the 101st General | ||
Assembly shall be in effect through January 1, 2021. | ||
(10 ILCS 5/2B-10 new) | ||
Sec. 2B-10. Election Day State holiday. Notwithstanding | ||
any other provision of State law to the contrary, November 3, | ||
2020 shall be a State holiday known as 2020 General Election | ||
Day and shall be observed throughout the State. November 3, | ||
2020 shall be deemed a legal school holiday for purposes of the | ||
School Code, State Universities Civil Service Act, and any | ||
other law designating a holiday. All government offices, with | ||
the exception of election authorities, shall be closed unless | ||
authorized to be used as a location for election day services | ||
or as a polling place. | ||
Any school closed pursuant to this amendatory Act of the | ||
101st General Assembly and Section 24-2 of the School Code | ||
shall be made available to an election authority as a polling | ||
place for 2020 General Election Day. The election authority and | ||
the school shall comply with all safety and health practices | ||
established by the Illinois Department of Public Health | ||
pursuant to subsection (a) of Section 2B-35. The election | ||
authority shall be eligible for reimbursement of such | ||
reasonable cleaning expenses incurred as a result of using a |
school as a polling place for 2020 General Election Day, | ||
subject to the receipt and availability of federal funds, | ||
pursuant to Section 2B-60. | ||
(10 ILCS 5/2B-15 new) | ||
Sec. 2B-15. Changes to vote by mail application process for | ||
the 2020 general election. | ||
(a) Notwithstanding any other provision of State law to the | ||
contrary, beginning on the effective date of this Amendatory | ||
Act of the 101st General Assembly, any elector may by personal | ||
delivery, mail, email, or electronically on the website of the | ||
appropriate election authority make application for an | ||
official ballot for the 2020 general election to be sent to the | ||
elector through mail. Notwithstanding any other provision of | ||
law to the contrary, the URL address at which an elector may | ||
electronically request a vote by mail ballot shall be fixed by | ||
each election authority no later than the effective date of | ||
this Amendatory Act of the 101st General Assembly. An election | ||
authority shall accept any application submitted by an elector, | ||
including, but not limited to, the application prepared by the | ||
State Board of Elections, the election authority, or any other | ||
application submitted in a form substantially similar to that | ||
required by Section 19-3, including any substantially similar | ||
production or reproduction generated by any source or the by | ||
the applicant. | ||
(b) No later than August 1, 2020, every election authority |
shall mail or email an application for an official vote by mail | ||
ballot for the 2020 general election to any elector who applied | ||
to vote an official ballot, whether by mail or in person, for | ||
any of the following elections: (1) 2018 general election; (2) | ||
2019 consolidated election; or (3) the 2020 general primary | ||
election. No later than August 1, 2020, every election | ||
authority shall mail or email an application for an official | ||
ballot for the 2020 general election to any elector who has | ||
registered to vote or changed his or her registration address | ||
after the 2020 general primary election through July 31, 2020. | ||
(c) In addition to providing electors with the application, | ||
the election authority shall provide any notices required by | ||
law and the following: (1) notice the elector may complete the | ||
application and return it through personal delivery, mail, | ||
email, or visit the election authority's URL to request an | ||
official ballot; (2) notice that upon completion of the | ||
application, the elector will receive an official ballot no | ||
more than 40 days and no less than 30 days before the election; | ||
(3) an explanation that following submission of the application | ||
the elector will receive a ballot at his or her registered | ||
address or the mailing address requested by the elector, and | ||
such ballot must be completed and returned no later than | ||
election day; (4) a phone number or email address to contact | ||
the election authority if the elector does not receive an | ||
official ballot or if the elector has questions; and (5) a | ||
website or phone number the elector can use to confirm receipt |
of his or her official ballot. A copy of the application and | ||
the notice shall be made available on the election authority's | ||
website. | ||
(d) The application and notice required by this Section | ||
shall be mailed to the elector's registered address and any | ||
other mailing address the election authority may have on file, | ||
including a mailing address to which a prior vote by mail | ||
ballot was mailed. | ||
(10 ILCS 5/2B-20 new) | ||
Sec. 2B-20. Changes for vote by mail official ballot | ||
mailing and processing. | ||
(a) Notwithstanding any other provision of law to the | ||
contrary, an election authority shall mail official ballots to | ||
any elector requesting an official ballot no earlier than | ||
September 24, 2020. Except for electors applying under Article | ||
20, any elector submitting an application for a vote by mail | ||
ballot on or before October 1, 2020 shall receive a ballot no | ||
later than October 6, 2020. An election authority shall mail | ||
official ballots to any elector requesting an official ballot | ||
after October 1, 2020 no later than 2 business days after | ||
receipt of the application. | ||
(b) Notwithstanding any other provision of law to the | ||
contrary, any vote by mail ballot received by an election | ||
authority shall be presumed to meet the requirements of | ||
Articles 17, 18, and 19 and the voter shall be deemed otherwise |
qualified to cast a vote by mail ballot unless deemed invalid | ||
as provided in this Section. | ||
(c) Notwithstanding any other provision of law to the | ||
contrary, within 2 days after a vote by mail ballot is | ||
received, but in all cases before the close of the period for | ||
counting provisional ballots, the election authority shall | ||
appoint panels as needed of 3 election judges, of which no more | ||
than 2 shall be from the same political party, from the list of | ||
election judges submitted by the county parties for this | ||
specific purpose to compare the voter's signature on the | ||
certification envelope of the vote by mail ballot with the | ||
signature of the voter on file in the office of the election | ||
authority. The signature shall be presumed to match unless 3 | ||
out of 3 election judges determine that the 2 signatures do not | ||
match. A vote by mail ballot may only be rejected by a vote of 3 | ||
of 3 election judges and only for the following reasons: (1) | ||
the signature on the certification envelope and the signature | ||
used by the election authority for verification purposes do not | ||
match or the certification envelope contains no signature; (2) | ||
the ballot envelope was delivered opened; (3) the voter has | ||
already cast a ballot; (4) if the voter voted in person on | ||
election day; or (5) the voter is not a duly registered voter | ||
in the precinct. If 3 of 3 election judges determine the ballot | ||
should be rejected for any reasons stated in this subsection | ||
(c), the judges shall mark across the face of the certification | ||
envelope the word "rejected" and the date and names of the |
judges voting to reject the ballot. | ||
(d) If a vote by mail ballot is rejected, the election | ||
authority shall notify the voter within 2 days after the | ||
rejection or within one day if the rejection occurs after | ||
election day and in all cases before the close of the period | ||
for counting provisional ballots. The voter shall be notified | ||
through mail or email, or both, and the notice shall inform the | ||
voter of the reason or reasons the ballot was rejected. If the | ||
ballot was rejected based on the signature or lack of a | ||
signature, the voter shall be permitted to submit a statement | ||
the voter cast the ballot, and upon receipt the ballot shall be | ||
determined valid and counted before the close of the period for | ||
counting provisional ballots. If the ballot was rejected | ||
because the envelope was delivered opened, the voter shall be | ||
permitted to vote in person or request to receive another vote | ||
by mail ballot, provided the voter submits an application and | ||
casts a new ballot prior to the close of polls on election day. | ||
(e) Election authorities shall accept any vote by mail | ||
ballot returned, including ballots returned with insufficient | ||
or no postage, and may establish secure collection sites for | ||
the postage-free return of vote by mail ballots. Any election | ||
authority establishing such a collection site pursuant to this | ||
subsection (c) shall collect all ballots submitted each day at | ||
close of business and process them as required by this Code, | ||
including noting the day on which the ballot was submitted. | ||
Ballots submitted 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 on election day | ||
up until the close of the polls. | ||
(f) In accordance with Section 19-7, within one day after | ||
receipt of a vote by mail ballot, the election authority shall | ||
transmit notification of receipt to the State Board of | ||
Elections. If a vote by mail ballot is rejected, the election | ||
authority must notify the State Board of Elections within one | ||
day. Upon request by a state or local political committee, | ||
within 2 days an election authority must electronically provide | ||
the names and addresses of any vote by mail ballots received | ||
and any vote by mail ballots marked rejected. | ||
(10 ILCS 5/2B-25 new) | ||
Sec. 2B-25. Changes for first time registrants or change of | ||
address registrations. | ||
(a) Beginning on the effective date of this amendatory Act | ||
of the 101st General Assembly, any person completing a voter | ||
registration application or submitting a change of address | ||
shall be notified of the option to receive a vote by mail | ||
ballot. Upon request of the elector, the registration shall | ||
serve as an application to receive an official vote by mail | ||
ballot and the individual need not complete an application. | ||
Upon processing the registration, the election authority shall |
provide the individual with an official ballot. | ||
(b) Upon request of the registrant, an election authority | ||
shall accept a completed voter registration form as a valid | ||
application and mail the elector an official ballot. | ||
(c) Any person whose registration is incomplete or pending | ||
may provide any required documentation online or in person to | ||
the election authority prior to applying to vote in order to | ||
complete his or her registration. | ||
(d) This Section shall not apply to an application | ||
processed pursuant to Section 1A-16.1 or an individual | ||
registering to vote in person at an election authority or an | ||
early voting site if the elector has the option and chooses to | ||
exercise the option to vote in person at the time of | ||
registration or in his or her precinct on election day. | ||
(10 ILCS 5/2B-30 new) | ||
Sec. 2B-30. Public dissemination of information prior to | ||
the 2020 general election. | ||
(a) Beginning on the effective date of this amendatory Act | ||
of the 101st General Assembly through October 30, 2020, all | ||
election authorities shall include information about | ||
registering to vote and encouraging electors to vote by mail or | ||
during early voting with any pamphlet, brochure, flyer, or | ||
newsletter related to the 2020 General Election. Any such | ||
documents shall substantially include the following, "Due to | ||
COVID-19, all 2020 General Election voters are encouraged to |
cast a ballot prior to Election Day, either by mail or during | ||
early voting. Voting by mail is an easy option for voters and | ||
you can request a vote by mail ballot through email, mail, or | ||
in person. An application is available from your local election | ||
authority or at https :// elections.il.gov/ | ||
electionoperations/ VotingByMail.aspx. To register to vote or | ||
check your registration status, visit https:// | ||
ova.elections.il.gov.". | ||
(b) The Secretary of State shall include in any pamphlet or | ||
materials produced in accordance with the Illinois | ||
Constitutional Amendment Act the following language, "Due to | ||
COVID-19, all 2020 General Election voters are encouraged to | ||
cast a ballot prior to Election Day, either by mail or during | ||
early voting. Voting by mail is an easy option for voters and | ||
you can request a vote by mail ballot through email, mail, or | ||
in person. An application is available from your local election | ||
authority or at https:// | ||
elections.il.gov/electionoperations/VotingByMail.aspx. To | ||
register to vote or check your registration status, visit | ||
https:// ova.elections.il.gov.". | ||
(c) No later than September 15, 2020, the Secretary of | ||
State shall send a notice to any elector who received an | ||
application but has not yet applied for a vote by mail ballot. | ||
The list of electors to receive the notification shall be | ||
provided by the State Board of Elections. The notice shall | ||
include, at a minimum: (1) notice that the elector previously |
received correspondence from the applicable election authority | ||
with information on how to apply for a vote by mail ballot, | ||
that the election authority has indicated the elector has not | ||
yet applied for a ballot, and the elector still has time to | ||
request a vote by mail ballot; and (2) a reference to a phone | ||
number, email address, and website the elector can visit to | ||
complete an application, return an application, or get | ||
additional information about vote by mail. | ||
(d) No later than October 15, 2020, the Secretary of State | ||
shall send a notice to any elector who received the notice | ||
required in subsection (c) but has not yet applied for a vote | ||
by mail ballot. The notice shall include, at a minimum: (1) a | ||
statement that the elector has time to request a vote by mail | ||
ballot; and (2) a reference to a phone number, email address, | ||
and website the elector can visit to complete an application, | ||
return an application, or get additional information about vote | ||
by mail. | ||
(10 ILCS 5/2B-35 new) | ||
Sec. 2B-35. Early voting and election day requirements. | ||
(a) Election authorities shall comply with any early voting | ||
and election day safety and health practices established in | ||
written guidance provided to the election authorities by the | ||
Illinois Department of Public Health. | ||
(b) Election authorities may establish curb-side voting | ||
for individuals to cast a ballot during early voting or on |
election day. A 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. | ||
(c) Notwithstanding any law to the contrary, election | ||
authorities shall establish one location to be located at an | ||
office of the election authority or in the largest municipality | ||
within its jurisdiction where all voters in its jurisdiction | ||
are allowed to vote on election day during polling place hours, | ||
regardless of the precinct in which they are registered. An | ||
election authority establishing such a location pursuant to | ||
this subsection (c) shall identify the location, hours of | ||
operation, and health and safety requirements by the 40th day | ||
preceding 2020 General Election Day and certify such to the | ||
State Board of Election. | ||
(d) In addition to the requirements of Section 19A-15, | ||
beginning the 15th day preceding 2020 General Election Day, all | ||
permanent polling places for early voting shall remain open | ||
during the hours of 8:30 a.m. to 7:00 p.m. on weekdays and 9:00 | ||
a.m. to 5:00 p.m. on Saturdays, Sundays, and holidays. Election | ||
authorities may establish early voting hours in addition to | ||
those required by this subsection (d) to accommodate voters to | ||
whom COVID-19 presents increased health risks, including, but | ||
not limited to, the administration of a curb-side voting | ||
program established by the election authority pursuant to this | ||
Section. |
(e) Notwithstanding any law to the contrary, a provisional | ||
ballot cast under item (7) of subsection (a) of Section 18A-5 | ||
shall be deemed valid and counted as a vote if the voter | ||
provides the election authority with the necessary | ||
documentation within 14 days of election day. | ||
(10 ILCS 5/2B-40 new) | ||
Sec. 2B-40. Judges of election. | ||
(a) All laws and rules regarding the provisions of election | ||
judges shall be in effect for the 2020 general election, | ||
provided that notwithstanding any law to the contrary, any | ||
individual may be appointed to serve as an election judge if, | ||
as of the date of the election at which the person serves as | ||
judge, he or she has attained the age of 16. | ||
Prior to appointment, a judge qualifying under this | ||
subsection (a) must certify in writing to the election | ||
authority the political party the judge chooses to affiliate | ||
with. | ||
(b) All public and private secondary schools, community | ||
colleges, and universities shall publish notification on their | ||
publicly accessible websites and notify their students of the | ||
opportunity to serve as an election judge for the 2020 general | ||
election and the qualifications provided in subsection (a). | ||
(c) The Department of Employment Security shall publish | ||
notification on its publicly accessible website that anyone | ||
receiving unemployment insurance may apply to serve as an |
election judge for the 2020 general election and the | ||
qualifications provided in subsection (a). | ||
(d) Notwithstanding any law to the contrary, counties | ||
having a population of less than 250,000 pursuant to the 2010 | ||
U.S. Census, may appoint 3 judges of election to serve in lieu | ||
of the 5 judges of election required by this Code for the 2020 | ||
general election, unless such judges of election are appointed | ||
by election commissioners. | ||
(10 ILCS 5/2B-45 new) | ||
Sec. 2B-45. Electronic service of objections. Election | ||
authorities may authorize service of objections to candidate | ||
nominations through electronic mail in lieu of personal service | ||
if the election authority responsible for convening the | ||
electoral board: | ||
(1) requires candidates to provide an electronic mail | ||
address where notices of objections and electoral board | ||
proceedings may be sent electronically in lieu of personal | ||
service; | ||
(2) requires objectors to provide an electronic mail | ||
address where notices and electoral board proceedings may | ||
be sent electronically in lieu of personal service; and | ||
(3) publishes notice of its decision to utilize this | ||
Section on its website within 5 business days of the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly. |
(10 ILCS 5/2B-50 new) | ||
Sec. 2B-50. Additional duties of election authorities. | ||
(a) Each election authority shall comply with the | ||
requirements of Section 2B-15. Each election authority shall | ||
provide the following to the State Board of Elections as it | ||
relates to Section 2B-15: (1), no later than August 2, 2020, | ||
each election authority shall provide to the State Board of | ||
Elections written confirmation that the election authority | ||
complied with subsections (b), (c), and (d) of Section 2B-15 | ||
and provide an electronic list of the names and addresses of | ||
every elector sent the required application and notice; (2) no | ||
later than September 2, 2020, each election authority shall | ||
provide the State Board of Elections with an electronic list of | ||
the names and addresses of every elector sent the required | ||
application and notice who has submitted the application and | ||
will receive an official ballot; and (3) no later than October | ||
2, 2020, each election authority shall provide the State Board | ||
of Elections with an updated list of the names and addresses of | ||
every elector sent the required application and notice who has | ||
submitted the application and will receive an official ballot. | ||
Any list submitted to the State Board of Elections shall be | ||
accessible to State and local political candidates and | ||
committees. | ||
(b) No later than 75 days prior to the 2020 general | ||
election, each election authority shall provide public notice |
of its services and equipment available to assist elderly | ||
voters and voters with disabilities. The notice shall include, | ||
but is not limited to, the availability of vote by mail ballots | ||
in braille and large format, assistance in marking the ballot, | ||
procedures for voting by vote by mail ballot, and procedures | ||
for voting early by personal appearance. | ||
(10 ILCS 5/2B-55 new) | ||
Sec. 2B-55. Additional duties of the State Board of | ||
Elections. | ||
(a) No later than 2 business days after the effective date | ||
of this amendatory Act of the 101st General Assembly, the State | ||
Board of Elections shall post on its official website an | ||
application for an official vote by mail ballot for the 2020 | ||
general election. The application shall be available at | ||
https:// elections.il.gov/ | ||
electionoperations/VotingByMail.aspx. Any applications | ||
received by the State Board of Elections shall be transmitted | ||
within 2 business days of receipt to the appropriate election | ||
authority. | ||
(b) Within 5 business days of the effective date of this | ||
amendatory Act of the 101st General Assembly, the State Board | ||
of Elections shall modify the online voter registration system | ||
to allow any new registrant to apply for a vote by mail ballot | ||
when completing online voter registration. Any new registrant | ||
that requests a vote by mail ballot when registering shall be |
eligible to request and receive a vote by mail ballot for the | ||
2020 general election without submitting an additional | ||
application. | ||
(c) Within 10 business days of the effective date of this | ||
amendatory Act of the 101st General Assembly, the State Board | ||
of Elections shall provide notice to all election authorities | ||
of the provisions of this amendatory Act of the 101st General | ||
Assembly and the actions each election authority must take to | ||
comply with this amendatory Act of the 101st General Assembly. | ||
A copy of this notice shall be made available on the State | ||
Board of Election's official website. | ||
(d) The State Board of Elections shall transmit to the | ||
Secretary of State, in the format requested by the Secretary of | ||
State, a complete list of the names and addresses submitted to | ||
the State Board of Elections by the election authorities in | ||
accordance with subsection (a) of Section 2B-50. The first | ||
transmission shall be sent no later than September 5, 2020 and | ||
the second transmission no later than October 5, 2020. Upon | ||
request, the lists shall also be made available by the State | ||
Board of Elections to State and local political committees and | ||
candidates upon request. | ||
(e) Except as provided in this Article, the State Board of | ||
Elections does not need to adopt rules to administer or enforce | ||
the duties and requirements set forth in this amendatory Act of | ||
the 101st General Assembly but may adopt such emergency rules | ||
if deemed necessary by the State Board of Elections. The |
absence of rules or emergency rules does not eliminate or | ||
reduce the rights, duties, or responsibilities set forth in | ||
this amendatory Act of the 101st General Assembly. | ||
(10 ILCS 5/2B-60 new) | ||
Sec. 2B-60. Reimbursement for 2020 general election | ||
expenses. | ||
(a) Each election authority shall comply with the | ||
requirements of this amendatory Act of the 101st General | ||
Assembly. The State Board of Elections may withhold any | ||
reimbursements for election related costs if an election | ||
authority is found to have failed to comply with the provisions | ||
of this amendatory Act of the 101st General Assembly. | ||
(b) Subject to receipt and availability of federal funds, | ||
the State Board of Elections may adopt emergency rules subject | ||
to the provisions of Section 5-45 of the Illinois | ||
Administrative Procedure Act to establish a program to provide | ||
reimbursement to election authorities for expenses related to | ||
the 2020 general election incurred as a result of COVID-19 and | ||
the requirements of this amendatory Act of the 101st General | ||
Assembly that are deemed necessary for the safety of the public | ||
and in response to COVID-19. | ||
(10 ILCS 5/2B-90 new) | ||
Sec. 2B-90. Repeal. This Article shall repeal on January 1, | ||
2021. |
Section 15. The Illinois Procurement Code is amended by | ||
changing Section 15-45 as follows: | ||
(30 ILCS 500/15-45) | ||
Sec. 15-45. Computation of days. The time within which any | ||
act provided in this Code is to be done shall be computed by | ||
excluding the first day and including the last, unless the last | ||
day is Saturday or Sunday or is a holiday, and then it shall | ||
also be excluded. If the day succeeding a Saturday, Sunday, or | ||
holiday is also a holiday, a Saturday, or a Sunday, then that | ||
succeeding day shall also be excluded. For the purposes of this | ||
Code, "holiday" means: New Year's Day; Dr. Martin Luther King, | ||
Jr.'s Birthday; Lincoln's Birthday; President's Day; Memorial | ||
Day; Independence Day; Labor Day; Columbus Day; Veterans' Day; | ||
Thanksgiving Day; Christmas Day; and any other day from time to | ||
time declared by the President of the United States or the | ||
Governor of Illinois to be a day during which the agencies of | ||
the State of Illinois that are ordinarily open to do business | ||
with the public shall be closed for business.
| ||
Notwithstanding any other provision of State law to the | ||
contrary, November 3, 2020 shall be a State holiday known as | ||
2020 General Election Day and shall be observed throughout the | ||
State pursuant to this amendatory Act of the 101st General | ||
Assembly. | ||
(Source: P.A. 98-1076, eff. 1-1-15 .) |
Section 20. The School Code is amended by changing Section | ||
24-2 as follows:
| ||
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
| ||
Sec. 24-2. Holidays. | ||
(a) Teachers shall not be required
to teach on Saturdays, | ||
nor, except as provided in subsection (b) of this Section, | ||
shall teachers or other school
employees, other than | ||
noncertificated school employees whose presence is
necessary | ||
because of an emergency or for the continued operation and
| ||
maintenance of school facilities or property, be
required to | ||
work on legal school
holidays, which are January 1, New Year's | ||
Day; the third Monday in
January, the Birthday of Dr. Martin | ||
Luther King, Jr.; February 12, the
Birthday of President | ||
Abraham Lincoln; the
first Monday in March (to be known as | ||
Casimir Pulaski's birthday); Good
Friday; the day designated as | ||
Memorial Day by federal law; July 4,
Independence Day; the | ||
first Monday in September, Labor Day; the second Monday
in | ||
October, Columbus Day; November 11, Veterans' Day; the Thursday | ||
in
November commonly called Thanksgiving Day; and December 25, | ||
Christmas Day.
School boards may grant special holidays | ||
whenever in their judgment such
action is advisable. No | ||
deduction shall
be made from the time or
compensation of a | ||
school employee on account of any legal
or special holiday.
| ||
(b) A school board or other entity eligible to apply for |
waivers and modifications under Section 2-3.25g of this Code is | ||
authorized to hold school or schedule teachers' institutes, | ||
parent-teacher conferences, or staff development on the third | ||
Monday in January (the Birthday of Dr. Martin Luther King, | ||
Jr.); February 12 (the Birthday of President Abraham Lincoln); | ||
the first Monday in March (known as Casimir Pulaski's | ||
birthday); the second Monday in October (Columbus Day); and | ||
November 11 (Veterans' Day), provided that: | ||
(1) the person or persons honored by the holiday are | ||
recognized through instructional activities conducted on | ||
that day or, if the day is not used for student attendance, | ||
on the first school day preceding or following that day; | ||
and | ||
(2) the entity that chooses to exercise this authority | ||
first holds a public hearing about the proposal. The entity | ||
shall provide notice preceding the public hearing to both | ||
educators and parents. The notice shall set forth the time, | ||
date, and place of the hearing, describe the proposal, and | ||
indicate that the entity will take testimony from educators | ||
and parents about the proposal.
| ||
(c) Commemorative holidays, which recognize specified | ||
patriotic, civic,
cultural or historical persons, activities, | ||
or events, are regular school
days. Commemorative
holidays are: | ||
January 28 (to be known as Christa McAuliffe Day and
observed | ||
as a commemoration of space exploration), February 15 (the
| ||
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans' |
Day),
September 11 (September 11th Day of Remembrance), the | ||
school day
immediately preceding Veterans' Day (Korean War | ||
Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and | ||
Afghanistan Veterans Remembrance Day), December 7 (Pearl | ||
Harbor Veterans' Day), and
any day so appointed by the | ||
President or
Governor. School boards may establish | ||
commemorative holidays whenever in
their judgment such action | ||
is advisable.
School boards shall include instruction relative | ||
to commemorated persons,
activities, or
events on the | ||
commemorative holiday or at any other time during the school
| ||
year and at any point in the curriculum when such instruction | ||
may be deemed
appropriate. The State Board of Education shall | ||
prepare and make available
to school boards instructional | ||
materials relative to commemorated persons,
activities,
or | ||
events which may be used by school boards in conjunction with | ||
any
instruction provided pursuant to this paragraph.
| ||
(d) City of Chicago School District 299 shall observe March | ||
4 of each year as
a commemorative holiday. This holiday shall | ||
be known as Mayors' Day which
shall be a day to commemorate and | ||
be reminded of the past Chief Executive
Officers of the City of | ||
Chicago, and in particular the late Mayor Richard
J. Daley and | ||
the late Mayor Harold Washington. If March 4 falls on a
| ||
Saturday or Sunday, Mayors' Day shall be observed on the | ||
following Monday. | ||
(e) Notwithstanding any other provision of State law to the | ||
contrary, November 3, 2020 shall be a State holiday known as |
2020 General Election Day and shall be observed throughout the | ||
State pursuant to this amendatory Act of the 101st General | ||
Assembly. All government offices, with the exception of | ||
election authorities, shall be closed unless authorized to be | ||
used as a location for election day services or as a polling | ||
place.
| ||
(Source: P.A. 98-156, eff. 8-2-13.)
| ||
Section 25. The State Universities Civil Service Act is | ||
amended by changing Section 45a as follows:
| ||
(110 ILCS 70/45a) (from Ch. 24 1/2, par. 38l.1)
| ||
Sec. 45a.
Except as provided in the second sentence of this | ||
Section,
all officers and employees subject to this Act, shall | ||
have the
following days as holidays, for which they shall | ||
receive their usual
compensation: New Year's Day, January 1, | ||
Memorial Day, as determined by
the law of the State of | ||
Illinois, Independence Day, July 4, Labor Day,
the first Monday | ||
in September, Thanksgiving Day, the fourth Thursday of
| ||
November, Christmas Day, December 25, and five holidays to be | ||
designated
by each college, university, agency and community | ||
college subject to
this Act. Craft and trade employees subject | ||
to this Act shall be paid
for all paid holidays included in | ||
their area agreement, and will be paid
for all five holidays | ||
designated by their employer pursuant to this
section. | ||
Notwithstanding any other provision of State law to the |
contrary, November 3, 2020 shall be a State holiday known as | ||
2020 General Election Day and shall be observed throughout the | ||
State pursuant to this amendatory Act of the 101st General | ||
Assembly. All government offices, with the exception of | ||
election authorities, shall be closed unless authorized to be | ||
used as a location for election day services or as a polling | ||
place.
| ||
(Source: P.A. 79-1186.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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