Bill Text: IL SB1465 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that, not more than 90 days nor less than 45 days before a general election (currently, before a general or consolidated election), each election authority shall notify all qualified voters, except voters who have enrolled in permanent vote by mail status and voters who have opted out of permanent vote by mail notices, of the option to obtain permanent vote by mail status (currently, notice is required for all qualified voters). Adds an opt-out option to the application for permanent vote by mail status, and makes other conforming changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1465 Detail]

Download: Illinois-2023-SB1465-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1465 Introduced 2/7/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
10 ILCS 5/19-2.5
10 ILCS 5/19-3 from Ch. 46, par. 19-3
Amends the Election Code. Provides that, not more than 90 days nor less than 45 days before a general election (currently, before a general or consolidated election), each election authority shall notify all qualified voters, except voters who have enrolled in permanent vote by mail status and voters who have opted out of permanent vote by mail notices, of the option to obtain permanent vote by mail status (currently, notice is required for all qualified voters). Adds an opt-out option to the application for permanent vote by mail status, and makes other conforming changes.
LRB103 28728 BMS 55110 b
A BILL FOR
SB1465 LRB103 28728 BMS 55110 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
Sections 19-2.5 and 19-3 as follows:
(10 ILCS 5/19-2.5)
Sec. 19-2.5. Notice for vote by mail ballot. Not An
election authority shall notify all qualified voters, not more
than 90 days nor less than 45 days before a general or
consolidated election, each election authority shall notify
all qualified voters, except voters who have enrolled in
permanent vote by mail status under Section 19-3 and voters
who have opted out of permanent vote by mail notices under that
Section, of the option to obtain for permanent vote by mail
status using the following notice and shall include with the
notice including the application for permanent vote by mail
status described in subsection (b) of Section 19-3:
"You may apply to permanently be placed on vote by mail
status by marking the permanent vote by mail option on using
the attached application, or you may opt out of receiving
future permanent vote by mail notices by marking the opt-out
option on the attached application.".
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21.)

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(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
.... (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

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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.
....
*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.
or

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I am currently a registered voter and wish to opt out of
receiving any future notices or applications for permanent
vote by mail status. I understand that I will still be able to
apply to vote by mail for a single election or apply for
permanent vote by mail status by submitting to my election
authority a completed vote by mail application or an
application for permanent vote by mail status.
....
If applying 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
................... 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

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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 for permanent
vote by mail status :
(Do not enter any address if opting out of future mailings.)
.
(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.
(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

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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
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

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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.
(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.)