Bill Text: IL HB1139 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that the State Board of Elections must develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is mailed to a voter and deposited in the mail or deposited in a ballot box. Provides that the system shall be operational by January 1, 2024. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-03-16 - Added Co-Sponsor Rep. Chris Miller [HB1139 Detail]

Download: Illinois-2023-HB1139-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1139 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
10 ILCS 5/1A-70 new
10 ILCS 5/19-3 from Ch. 46, par. 19-3
Amends the Election Code. Provides that the State Board of Elections must develop and maintain a statewide or locally-based system to track and confirm when there is a change in the status of a trackable ballot. Provides that the term "trackable ballot" means a ballot that is mailed to a voter and deposited in the mail or deposited in a ballot box. Provides that the system shall be operational by January 1, 2024. Effective immediately.
LRB103 05323 AWJ 50341 b
A BILL FOR
HB1139 LRB103 05323 AWJ 50341 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
Section 19-3 and by adding Section 1A-70 as follows:
(10 ILCS 5/1A-70 new)
Sec. 1A-70. Ballot tracking system.
(a) As used in this Section:
"Change in the status" means:
(1) when a trackable ballot is mailed to a voter;
(2) when an election official receives a voted
trackable ballot; and
(3) when a voted trackable ballot is counted.
"Trackable ballot" means a ballot that is:
(1) mailed to a voter in accordance with Article 19;
and
(2) deposited in the mail by a voter in accordance
with Article 19 or deposited in a ballot box by a voter in
accordance with Article 15.
"Voter registration database" means the statewide database
established under Section 1A-45, or any successor statewide
voter registration database established by the State Board of
Elections, the Secretary of State, or both.

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(b) The State Board of Elections must develop and maintain
a statewide or locally-based system to track and confirm when
there is a change in the status of a trackable ballot.
(c) The ballot tracking system shall be operational on or
before January 1, 2024.
(d) Beginning January 1, 2024, if a voter elects to
receive electronic notifications regarding the status of the
voter's trackable ballot, the ballot tracking system shall,
when there is a change in the status of the voter's trackable
ballot:
(1) send a text message notification to the voter if
the voter's information in the voter registration database
includes a mobile telephone number;
(2) send an email notification to the voter if the
voter's information in the voter registration database
includes an email address; and
(3) send a notification by another electronic means
allowed by the State Board of Elections.
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. Application for a vote by mail ballot.
(a) The application for a vote by mail ballot for a single
election shall be substantially in the following form:
APPLICATION FOR VOTE BY MAIL BALLOT
To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of

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.... (2) *City of .... or (3) *.... ward in the City of ....
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by vote by mail
ballot.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
I understand that this application is made for an official
vote by mail ballot or ballots to be voted by me at the
election specified in this application and that I must submit
a separate application for an official vote by mail ballot or
ballots to be voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....

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*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
(a-5) The application for a single vote by mail ballot
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for a vote by mail
ballot for a single election and shall include:
I swear or affirm that I am a voter with a print
disability, and, as a result of this disability, I am
making a request to receive a vote by mail ballot
electronically so that I may privately and independently
mark, verify, and print my vote by mail ballot.
(b) The application for permanent vote by mail status
shall be substantially in the following form:
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
I am currently a registered voter and wish to apply for
permanent vote by mail status.
I state that I am a resident of the City of .... residing
at .... in such city in the county of .... and State of
Illinois; that I have lived at such address for .... month(s)
last past; that I am lawfully entitled to vote in such precinct
at the .... election to be held therein on ....; and that I
wish to vote by vote by mail ballot in:
..... all subsequent elections that do not require a party
designation.
..... all subsequent elections, and I wish to receive a

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................... Party vote by mail ballot in
elections that require a party designation.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
Under penalties as provided by law under Section 29-10 of
the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
Post office address to which ballot is mailed:
...............
(b-5) The application for permanent vote by mail ballots
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for permanent vote by
mail status and shall include:
I swear or affirm that I am a voter with a
non-temporary print disability, and as a result of this
disability, I am making a request to receive vote by mail
ballots electronically so that I may privately and
independently mark, verify, and print my vote by mail
ballots.

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(c) However, if application is made for a primary election
ballot, such application shall require the applicant to
designate the name of the political party with which the
applicant is affiliated. The election authority shall allow
any voter on permanent vote by mail status to change his or her
party affiliation for a primary election ballot by a method
and deadline published and selected by the election authority.
(d) If application is made electronically, the applicant
shall mark the box associated with the above described
statement included as part of the online application
certifying that the statements set forth in the application
under subsection (a) or (b) are true and correct, and a
signature is not required.
(e) Any person may produce, reproduce, distribute, or
return to an election authority an application under this
Section. If applications are sent to a post office box
controlled by any individual or organization that is not an
election authority, those applications shall (i) include a
valid and current phone number for the individual or
organization controlling the post office box and (ii) be
turned over to the appropriate election authority within 7
days of receipt or, if received within 2 weeks of the election
in which an applicant intends to vote, within 2 days of
receipt. Failure to turn over the applications in compliance
with this paragraph shall constitute a violation of this Code
and shall be punishable as a petty offense with a fine of $100

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per application. Removing, tampering with, or otherwise
knowingly making the postmark on the application unreadable by
the election authority shall establish a rebuttable
presumption of a violation of this paragraph. Upon receipt,
the appropriate election authority shall accept and promptly
process any application under this Section submitted in a form
substantially similar to that required by this Section,
including any substantially similar production or reproduction
generated by the applicant.
(f) An election authority may combine the applications in
subsections (a) and (b) onto one form, but the distinction
between the applications must be clear and the form must
provide check boxes for an applicant to indicate whether he or
she is applying for a single election vote by mail ballot or
for permanent vote by mail status.
(g) Beginning January 1, 2024, the applications under
subsections (a) and (b), or an application under subsection
(f), shall also include the following provision:
"If you have provided a mobile phone number or email
address, you can receive notifications by text message or
email regarding the status of a ballot that is mailed to you
and that you deposit in the mail or in a ballot drop box by
indicating the mobile phone number or email address here:
(insert mobile phone number/email address). By providing your
mobile phone number or email address, you are giving consent
to receive text messages or emails concerning your ballot

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status."
If the applicant provides a mobile phone number or email
address on his or her application, the election authority must
transmit that information to the State Board of Elections for
inclusion in the statewide voter registration database.
(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.)
Section 99. Effective date. This Act takes effect
immediately.