Bill Text: IL HB3656 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson 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. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2023-10-18 - Added Co-Sponsor Rep. Tony M. McCombie [HB3656 Detail]

Download: Illinois-2023-HB3656-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3656 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
10 ILCS 5/13-1.2 new
10 ILCS 5/14-3.3 new
10 ILCS 5/19-8 from Ch. 46, par. 19-8
Amends the Election Code. Provides that an election authority shall appoint 3-person vote by mail election judge panels from a supplemental list of election judges submitted by each county central committee, township committeeperson, or ward committeeperson 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. Modifies the procedure for verifying or rejecting the signature on vote by mail ballots. Allows a voter to submit a statement confirming the vote if the signature was rejected. Allows a voter to cast a new ballot if the vote by mail ballot was rejected because the envelope was delivered opened. Makes conforming changes.
LRB103 05124 AWJ 50138 b
A BILL FOR
HB3656 LRB103 05124 AWJ 50138 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 19-8 and by adding Sections 13-1.2 and 14-3.3 as
follows:
(10 ILCS 5/13-1.2 new)
Sec. 13-1.2. Vote by mail election judge panel
supplemental list; selection. In addition to the lists
provided for in Sections 13-1, 13-1.1, and 13-2, the chair of
the county central committee of each of the 2 leading
political parties, or each township committeeperson in a
county with a population of more than 3,000,000 of each of the
2 leading political parties, shall submit to the county board
a supplemental list, arranged according to precincts in which
they are to serve, of persons available as judges of election
for vote by mail election judge panels. The names and phone
numbers of all persons listed on the supplemental list shall
be acknowledged in writing to the county chair or township
committeeperson, as the case may be, and submitted to the
county board. The county board shall select from this
supplemental list persons qualified under Section 13-4. If the
list provided for in this Section for any precinct is

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exhausted, then selection shall be made from the supplemental
list submitted under Section 13-1.1. If the supplemental lists
in this Section and Section 13-1.1 are exhausted for any
precinct, then selection shall be made from any of the persons
on the supplemental lists without regard to the precincts in
which they are listed to serve. No selection or appointment
from the supplemental lists shall be made more than 60 days
prior to the date of an election, except as provided in
subsection (g-5) of Section 19-8. In any case where selection
cannot be made from the supplemental lists without violating
Section 13-4, selection shall be made from outside the
supplemental lists of some person qualified under Section
13-4.
The county board shall appoint one or more 3-person vote
by mail election judge panels under this Section, of which no
more than 2 election judges shall be from the same political
party, from the supplemental lists of election judges as
provided in this Section. The county board shall appoint a
sufficient number of vote by mail election judge panels to be
able to examine all vote by mail ballots. A vote by mail
election judge panel's only purpose is to examine vote by mail
ballots and to make final determinations on rejected ballots,
both as provided in Section 19-8.
(10 ILCS 5/14-3.3 new)
Sec. 14-3.3. Vote by mail election judge panel

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supplemental list; selection. In addition to the lists
provided for in Sections 14-3.1 and 14-3.2, the chair of the
county central committees of each of the 2 leading political
parties in a municipality of fewer than 500,000 inhabitants,
or the ward committeepersons of each of the 2 leading
political parties in a municipality of 500,000 or more
inhabitants, shall furnish to the board of election
commissioners a supplemental list, arranged according to
precinct in which they are to serve, of persons available as
judges of election for vote by mail election judge panels. The
names and phone numbers of all persons listed on the
supplemental list shall be acknowledged in writing to the
county chair or ward committeepersons, as the case may be, and
submitted to the board of election commissioners. The board of
election commissioners shall select from this supplemental
list persons qualified under Section 14-1 for vote by mail
election judge panels. If the list provided for in this
Section for any precinct is exhausted, then selection shall be
made from the supplemental list submitted under Section
14-3.2. If the supplemental lists in this Section and Section
14-3.2 are exhausted for any precinct, then selection shall be
made from any of the persons on the supplemental lists without
regard to the precincts in which they are listed to serve. No
selection or appointment from the supplemental lists shall be
made more than 60 days prior to the date of an election, except
as provided in subsection (g-5) of Section 19-8. In any case

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where selection cannot be made from the supplemental lists
without violating Section 14-1, selection shall be made from
outside the supplemental lists of some person qualified under
Section 14-1.
The board of election commissioners shall appoint one or
more 3-person vote by mail election judge panels under this
Section, of which no more than 2 election judges shall be from
the same political party, from the supplemental lists of
election judges as provided in this Section. The board of
election commissioners shall appoint a sufficient number of
vote by mail election judge panels to be able to examine all
vote by mail ballots. A vote by mail election judge panel's
only purpose is to examine vote by mail ballots and to make
final determinations on rejected ballots, both as provided in
Section 19-8.
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each vote by mail voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority before the closing of
the polls on election day shall be endorsed by the receiving
election authority with the day and hour of receipt and may be
processed by the election authority beginning on the day it is
received by the election authority in the central ballot

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counting location of the election authority, but the results
of the processing may not be counted until the day of the
election after 7:00 p.m., except as provided in subsections
(g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an
election authority and postmarked no later than election day,
but that is received by the election authority after the polls
close on election day and before the close of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots.
Each vote by mail voter's ballot that is mailed to an
election authority absent a postmark or a barcode usable with
an intelligent mail barcode tracking system, but that is
received by the election authority after the polls close on
election day and before the close of the period for counting
provisional ballots cast at that election, shall be endorsed
by the receiving authority with the day and hour of receipt,
opened to inspect the date inserted on the certification, and,
if the certification date is election day or earlier and the
ballot is otherwise found to be valid under the requirements
of this Section, counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots. Absent a date on the

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certification, the ballot shall not be counted.
If an election authority is using an intelligent mail
barcode tracking system, a ballot that is mailed to an
election authority absent a postmark may be counted if the
intelligent mail barcode tracking system verifies the envelope
was mailed no later than election day.
(d) Special write-in vote by mail voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same
period provided for counting vote by mail voters' ballots
under subsections (b), (g), and (g-5). Special write-in vote
by mail voter's blank ballots that are mailed to an election
authority and postmarked no later than election day, but that
are received by the election authority after the polls close
on election day and before the closing of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the same periods
provided for counting vote by mail voters' ballots under
subsection (c).
(e) Except as otherwise provided in this Section, vote by

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mail voters' ballots and special write-in vote by mail voter's
blank ballots received by the election authority after the
closing of the polls on an election day shall be endorsed by
the election authority receiving them with the day and hour of
receipt and shall be safely kept unopened by the election
authority for the period of time required for the preservation
of ballots used at the election, and shall then, without being
opened, be destroyed in like manner as the used ballots of that
election.
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all vote by mail
voters' ballots and special write-in vote by mail voter's
blank ballots required to be counted on election day have been
counted.
(g) The procedures set forth in Articles 17 and 18 of this
Code shall apply to all ballots counted under this Section. In
addition, 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, each 3-person election judge
panel appointed under Section 13-1.2 or 14-3.3 the election
judge or official shall compare the voter's signature on the
certification envelope of that vote by mail ballot with the
signature of the voter on file in the office of the election

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authority and determine if the ballot should be rejected or if
the election authority should count the ballot. The signature
shall be presumed to match unless all 3 election judges on the
election judge panel determine that the 2 signatures do not
match. A ballot may be rejected 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) the voter has
already voted in person on election day; (5) the voter is not a
duly registered voter in the precinct. If all 3 election
judges on the election judge panel determine the ballot should
be rejected for any reasons stated in this subsection, 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. If the election judge
panel or official determines that the 2 signatures match, and
that the vote by mail voter is otherwise qualified to cast a
vote by mail ballot, the election authority shall cast and
count the ballot on election day or the day the ballot is
determined to be valid, whichever is later, adding the results
to the precinct in which the voter is registered. If the
election judge or official determines that the signatures do
not match, or that the vote by mail voter is not qualified to
cast a vote by mail ballot, then without opening the

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certification envelope, the judge or official shall mark
across the face of the certification envelope the word
"Rejected" and shall not cast or count the ballot.
In addition to the voter's signatures not matching, a vote
by mail ballot may be rejected by the election judge or
official:
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If a vote by mail ballot is rejected by the election
judge panel or official for any reason, the election authority
shall, within 2 days after the rejection or within one day, if
the rejection occurs after election day, but in all cases
before the close of the period for counting provisional
ballots, notify the vote by mail voter through mail, email, or
both that his or her ballot was rejected. The notice shall
inform the voter of the reason or reasons the ballot was
rejected and shall state that the voter may appear before the

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election authority, on or before the 14th day after the
election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election
authority supporting his or her contention that the ballot
should be counted. If the ballot was rejected based on the
signature or lack of a signature, the voter may submit a
statement that the voter cast the ballot, and, upon receipt,
the rejected ballot is valid and shall be counted before the
close of the period for counting provisional ballots. If the
ballot was rejected because the envelope was delivered opened,
the voter may vote in person or request to receive another vote
by mail ballot if the voter submits an application and casts or
mails the new ballot on or before the 14th day after the
election. The election authority shall select one of the
election judge panels not involved in the decision in
rejecting the vote by mail ballot, or appoint a new election
judge panel under Section 13-1.2 or 14-3.3, to review the
evidence supporting a voter's contention that the ballot
should be counted or if a voter may cast a new ballot under
this Section. Except when a ballot's rejection is based upon
the voter's signature and a voter submits a statement that the
voter cast the ballot, the reviewing election judge panel The
election authority shall appoint a panel of 3 election judges
to review the contested ballot, application, and certification
envelope, as well as any evidence submitted by the vote by mail
voter. No more than 2 election judges on the reviewing panel

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shall be of the same political party. The reviewing panel of
election judges shall make a final determination as to the
validity of the contested vote by mail ballot and if the voter
may vote in person or request to receive another vote by mail
ballot, as applicable. The judges' determination shall not be
reviewable either administratively or judicially.
A vote by mail ballot subject to this subsection that is
determined to be valid shall be counted before the close of the
period for counting provisional ballots.
(g-10) All vote by mail ballots determined to be valid
shall be added to the vote totals for the precincts for which
they were cast in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)