Rep. Silvana Tabares
Filed: 5/28/2018
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1 | AMENDMENT TO SENATE BILL 2651
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2 | AMENDMENT NO. ______. Amend Senate Bill 2651 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by adding Sections | ||||||
5 | 1-17 and 1A-55 and by changing Sections 1A-8 and 19-3 as | ||||||
6 | follows: | ||||||
7 | (10 ILCS 5/1-17 new) | ||||||
8 | Sec. 1-17. Election authority voting equipment | ||||||
9 | information. Every 2 years, each election authority shall | ||||||
10 | submit information on the voting equipment used within the | ||||||
11 | jurisdiction of the election authority to the State Board of | ||||||
12 | Elections. The information must include: | ||||||
13 | (1) the age and functionality of each item of voting | ||||||
14 | equipment; and | ||||||
15 | (2) a formal letter containing a general description of | ||||||
16 | the status of the voting equipment, the election |
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1 | authority's perceived need for new voting equipment, and | ||||||
2 | the costs associated with obtaining new equipment. | ||||||
3 | Each election authority must publish the information submitted | ||||||
4 | under this Section online.
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5 | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
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6 | Sec. 1A-8. The State Board of Elections shall exercise the | ||||||
7 | following
powers and perform the following duties in addition | ||||||
8 | to any powers or duties
otherwise provided for by law:
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9 | (1) Assume all duties and responsibilities of the State | ||||||
10 | Electoral Board
and the Secretary of State as heretofore | ||||||
11 | provided in this Code Act ;
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12 | (2) Disseminate information to and consult with | ||||||
13 | election authorities
concerning the conduct of elections | ||||||
14 | and registration in accordance with the
laws of this State | ||||||
15 | and the laws of the United States;
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16 | (3) Furnish to each election authority prior to each | ||||||
17 | primary and general
election and any other election it | ||||||
18 | deems necessary, a manual of uniform
instructions | ||||||
19 | consistent with the provisions of this Code Act which shall | ||||||
20 | be used
by election authorities in the preparation of the | ||||||
21 | official manual of
instruction to be used by the judges of | ||||||
22 | election in any such election. In
preparing such manual, | ||||||
23 | the State Board shall consult with representatives
of the | ||||||
24 | election authorities throughout the State. The State Board | ||||||
25 | may
provide separate portions of the uniform instructions |
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1 | applicable to
different election jurisdictions which | ||||||
2 | administer elections under different
options provided by | ||||||
3 | law. The State Board may by regulation require
particular | ||||||
4 | portions of the uniform instructions to be included in any
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5 | official manual of instructions published by election | ||||||
6 | authorities. Any
manual of instructions published by any | ||||||
7 | election authority shall be
identical with the manual of | ||||||
8 | uniform instructions issued by the Board, but
may be | ||||||
9 | adapted by the election authority to accommodate special or | ||||||
10 | unusual
local election problems, provided that all manuals | ||||||
11 | published by election
authorities must be consistent with | ||||||
12 | the provisions of this Code Act in all
respects and must | ||||||
13 | receive the approval of the State Board of Elections
prior | ||||||
14 | to publication; provided further that if the State Board | ||||||
15 | does not
approve or disapprove of a proposed manual within | ||||||
16 | 60 days of its
submission, the manual shall be deemed | ||||||
17 | approved.
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18 | (4) Prescribe and require the use of such uniform | ||||||
19 | forms, notices, and
other supplies not inconsistent with | ||||||
20 | the provisions of this Code Act as it shall
deem advisable | ||||||
21 | which shall be used by election authorities in the conduct
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22 | of elections and registrations;
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23 | (5) Prepare and certify the form of ballot for any | ||||||
24 | proposed amendment to
the Constitution of the State of | ||||||
25 | Illinois, or any referendum to be
submitted to the electors | ||||||
26 | throughout the State or, when required to do so
by law, to |
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1 | the voters of any area or unit of local government of the | ||||||
2 | State;
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3 | (6) Require such statistical reports regarding the | ||||||
4 | conduct of elections
and registration from election | ||||||
5 | authorities as may be deemed necessary;
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6 | (7) Review and inspect procedures and records relating | ||||||
7 | to conduct of
elections and registration as may be deemed | ||||||
8 | necessary, and to report
violations of election laws to the | ||||||
9 | appropriate State's Attorney or the Attorney General;
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10 | (8) Recommend to the General Assembly legislation to | ||||||
11 | improve the
administration of elections and registration;
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12 | (9) Adopt, amend or rescind rules and regulations in | ||||||
13 | the performance of
its duties provided that all such rules | ||||||
14 | and regulations must be consistent
with the provisions of | ||||||
15 | this Article 1A or issued pursuant to authority
otherwise | ||||||
16 | provided by law;
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17 | (10) Determine the validity and sufficiency of | ||||||
18 | petitions filed under
Article XIV, Section 3, of the | ||||||
19 | Constitution of the State of Illinois of 1970;
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20 | (11) Maintain in its principal office a research | ||||||
21 | library that includes,
but is not limited to, abstracts of | ||||||
22 | votes by precinct for general primary
elections and general | ||||||
23 | elections, current precinct maps and current precinct
poll | ||||||
24 | lists from all election jurisdictions within the State. The | ||||||
25 | research
library shall be open to the public during regular | ||||||
26 | business hours. Such
abstracts, maps and lists shall be |
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1 | preserved as permanent records and shall
be available for | ||||||
2 | examination and copying at a reasonable cost;
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3 | (12) Supervise the administration of the registration | ||||||
4 | and election laws
throughout the State;
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5 | (13) Obtain from the Department of Central Management | ||||||
6 | Services,
under Section 405-250 of the Department of | ||||||
7 | Central Management
Services Law (20 ILCS 405/405-250),
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8 | such use
of electronic data processing equipment as may be | ||||||
9 | required to perform the
duties of the State Board of | ||||||
10 | Elections and to provide election-related
information to | ||||||
11 | candidates, public and party officials, interested civic
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12 | organizations and the general public in a timely and | ||||||
13 | efficient manner;
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14 | (14) To take such action as may be necessary or | ||||||
15 | required to give
effect to directions of the national | ||||||
16 | committee or State central committee of an established
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17 | political party under Sections 7-8, 7-11 , and 7-14.1 or | ||||||
18 | such other
provisions as may be applicable pertaining to | ||||||
19 | the selection of delegates
and alternate delegates to an | ||||||
20 | established political party's national
nominating | ||||||
21 | conventions or, notwithstanding any candidate | ||||||
22 | certification
schedule contained within this the Election | ||||||
23 | Code, the certification of the
Presidential and Vice
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24 | Presidential candidate selected by the established | ||||||
25 | political party's national nominating
convention;
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26 | (15) To post all early voting sites separated by |
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1 | election authority and hours of operation on its website at | ||||||
2 | least 5 business days before the period for early voting | ||||||
3 | begins; and | ||||||
4 | (16) To post on its website the statewide totals, and | ||||||
5 | totals separated by each election authority, for each of | ||||||
6 | the counts received pursuant to Section 1-9.2 ; and . | ||||||
7 | (17) To post on its website, in a downloadable format, | ||||||
8 | the information received from each election authority | ||||||
9 | under Section 1-17. | ||||||
10 | The Board may by regulation delegate any of its duties or
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11 | functions under this Article, except that final determinations | ||||||
12 | and orders
under this Article shall be issued only by the | ||||||
13 | Board.
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14 | The requirement for reporting to the General Assembly shall | ||||||
15 | be satisfied
by filing copies of the report with the Speaker, | ||||||
16 | the Minority Leader , and
the Clerk of the House of | ||||||
17 | Representatives , and the President, the Minority
Leader , and | ||||||
18 | the Secretary of the Senate , and the Legislative Research
Unit, | ||||||
19 | as required by Section 3.1 of the General Assembly Organization | ||||||
20 | Act "An Act to revise the law in relation
to the General | ||||||
21 | Assembly", approved February 25, 1874, as amended , and
filing | ||||||
22 | such additional copies with the State Government Report | ||||||
23 | Distribution
Center for the General Assembly as is required | ||||||
24 | under paragraph (t) of
Section 7 of the State Library Act.
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25 | (Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
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1 | (10 ILCS 5/1A-55 new) | ||||||
2 | Sec. 1A-55. Cyber security efforts. The Board shall adopt | ||||||
3 | rules, after at least 2 public hearings of the Board and in | ||||||
4 | consultation with election authorities, establishing a cyber | ||||||
5 | navigator program to support election authorities' efforts to | ||||||
6 | defend against cyber breaches and detect and recover from cyber | ||||||
7 | attacks. The rules shall include the Board's plan to allocate | ||||||
8 | any resources received in accordance with the federal Help | ||||||
9 | America Vote Act and provide that no less than half of any | ||||||
10 | funds received under the federal Help America Vote Act shall be | ||||||
11 | allocated to the cyber navigator program. The cyber navigator | ||||||
12 | program shall be designed to provide equal support to all | ||||||
13 | elections authorities with some modifications allowable based | ||||||
14 | on need. The remaining half of the federal Help America Vote | ||||||
15 | Act funds shall be distributed as the Board sees fit, but no | ||||||
16 | grants may be made to election authorities that do not | ||||||
17 | participate in the cyber navigator program managed by the | ||||||
18 | Board. | ||||||
19 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
20 | Sec. 19-3. The
application for vote by mail ballot shall be | ||||||
21 | substantially in the
following form: | ||||||
22 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
23 | To be voted at the .... election in the County of .... and | ||||||
24 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
25 | .... (2) *City of
.... or (3) *.... ward in the City of .... |
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1 | I state that I am a resident of the .... precinct of the | ||||||
2 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
3 | the city of
.... residing at .... in such city or town in the | ||||||
4 | county of .... and
State of Illinois; that I have lived at such | ||||||
5 | address for .... month(s)
last past; that I am lawfully | ||||||
6 | entitled to vote in such precinct at the
.... election to be | ||||||
7 | held therein on ....; and that I wish to vote by vote by mail | ||||||
8 | ballot. | ||||||
9 | I hereby make application for an official ballot or ballots | ||||||
10 | to be
voted by me at such election, and I agree that I shall | ||||||
11 | return such ballot or ballots to the
official issuing the same | ||||||
12 | prior to the closing of the polls on the date
of the election | ||||||
13 | or, if returned by mail, postmarked no later than election day, | ||||||
14 | for counting no later than during the period for counting | ||||||
15 | provisional ballots, the last day of which is the 14th day | ||||||
16 | following election day. | ||||||
17 | I understand that this application is made for an official | ||||||
18 | vote by mail ballot or ballots to be voted by me at the | ||||||
19 | election specified in this application and that I must submit a | ||||||
20 | separate application for an official vote by mail ballot or | ||||||
21 | ballots to be voted by me at any subsequent election. | ||||||
22 | Under penalties as provided by law pursuant to Section | ||||||
23 | 29-10 of the
Election Code, the undersigned certifies that the | ||||||
24 | statements set forth
in this application are true and correct. | ||||||
25 | .... | ||||||
26 | *fill in either (1), (2) or (3). |
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1 | Post office address to which ballot is mailed: | ||||||
2 | ............... | ||||||
3 | However, if application is made for a primary election | ||||||
4 | ballot, such
application shall require the applicant to | ||||||
5 | designate the name of the political party with which
the | ||||||
6 | applicant is affiliated. | ||||||
7 | If application is made electronically, the applicant shall | ||||||
8 | mark the box associated with the above described statement | ||||||
9 | included as part of the online application certifying that the | ||||||
10 | statements set forth in this application are true and correct, | ||||||
11 | and a signature is not required. | ||||||
12 | Any person may produce, reproduce, distribute, or return to | ||||||
13 | an election authority the application for vote by mail ballot. | ||||||
14 | If applications are sent to a post office box controlled by any | ||||||
15 | individual or organization that is not an election authority, | ||||||
16 | those applications shall (i) include a valid and current phone | ||||||
17 | number for the individual or organization controlling the post | ||||||
18 | office box and (ii) be turned over to the appropriate election | ||||||
19 | authority within 7 days of receipt or, if received within 2 | ||||||
20 | weeks of the election in which an applicant intends to vote, | ||||||
21 | within 2 days of receipt. Failure to turn over the applications | ||||||
22 | in compliance with this paragraph shall constitute a violation | ||||||
23 | of this Code and shall be punishable as a petty offense with a | ||||||
24 | fine of $100 per application. Removing, tampering with, or | ||||||
25 | otherwise knowingly making the postmark on the application | ||||||
26 | unreadable by the election authority shall establish a |
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1 | rebuttable presumption of a violation of this paragraph. Upon | ||||||
2 | receipt, the appropriate election authority shall accept and | ||||||
3 | promptly process any application for vote by mail ballot | ||||||
4 | submitted in a form substantially similar to that required by | ||||||
5 | this Section, including any substantially similar production | ||||||
6 | or reproduction generated by the applicant. | ||||||
7 | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; | ||||||
8 | 99-522, eff. 6-30-16.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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