Bill Text: IL SB2569 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Election Code. Creates a permanent vote by mail list for qualified voters. Allows a voter to apply to be placed on a permanent vote by mail list to receive vote by mail ballots for subsequent elections. Provides for the removal of a voter from the permanent vote by mail list who does not return a vote by mail ballot for the fourth general election following the general election at which the voter last voted. Allows for a voter on the permanent vote by mail list to choose and change political party preferences for a primary vote by mail ballot. Provides for how a voter may remove himself or herself from the permanent vote by mail list. Makes conforming changes throughout the Code.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-12-31 - Chief Sponsor Changed to Sen. Don Harmon [SB2569 Detail]

Download: Illinois-2021-SB2569-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2569 Introduced 2/26/2021, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
10 ILCS 5/19-2 from Ch. 46, par. 19-2
10 ILCS 5/19-2.4 new
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-3.1 new
Amends the Election Code. Creates a permanent vote by mail list for qualified voters. Allows a voter to apply to be placed on a permanent vote by mail list to receive vote by mail ballots for subsequent elections. Provides for the removal of a voter from the permanent vote by mail list who does not return a vote by mail ballot for the fourth general election following the general election at which the voter last voted. Allows for a voter on the permanent vote by mail list to choose and change political party preferences for a primary vote by mail ballot. Provides for how a voter may remove himself or herself from the permanent vote by mail list. Makes conforming changes throughout the Code.
LRB102 16059 SMS 21431 b
A BILL FOR
SB2569 LRB102 16059 SMS 21431 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 and 19-3 and by adding Sections 19-2.4 and
19-3.1 as follows:
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
Sec. 19-2. Any elector as defined in Section 19-1 may by
mail or electronically on the website of the appropriate
election authority, not more than 90 nor less than 5 days prior
to the date of such election, or by personal delivery not more
than 90 nor less than one day prior to the date of such
election, make application to the county clerk or to the Board
of Election Commissioners for an official ballot for the
voter's precinct to be voted at such election. The voter shall
also have the option to apply to be placed on a permanent vote
by mail list and, if approved, to receive official ballots to
be voted at all future elections. The URL address at which
voters may electronically request a vote by mail ballot shall
be fixed no later than 90 calendar days before an election and
shall not be changed until after the election. Such a ballot
shall be delivered to the elector only upon separate
application by the elector for each election.

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(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13;
98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19-2.4 new)
Sec. 19-2.4. Permanent vote by mail list.
(a) Voters who successfully apply to receive mail-in
ballots for all future elections will be placed on a permanent
vote by mail list. Upon receipt of an application for
permanent vote by mail status, the election authority shall
process the application in the same manner as an application
for a single vote by mail ballot.
(b) If, after processing the permanent vote by mail
application, it is determined that the applicant is a
registered voter, the election authority shall:
(1) place the voter's name upon a list of those to whom
a vote by mail ballot is sent each time there is an
election within the voter's precinct;
(2) include in all vote by mail mailings to the voter
an explanation of the vote by mail procedure and an
explanation of how the voter may lose or cancel permanent
vote by mail status; and
(3) maintain a copy of the vote by mail ballot list on
file open to public inspection for election and
governmental purposes.
(c) The election authority shall send a copy of the list of
all voters who qualify as permanent vote by mail voters to each

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elections official charged with the duty of conducting an
election within the authority. The list shall be sent by the
sixth day before an election.
(d) Vote by mail ballots mailed to, and received from,
voters on the permanent vote by mail voter list are subject to
the same deadlines and shall be processed and counted in the
same manner as all other vote by mail ballots.
(e) A voter whose name appears on the permanent vote by
mail voter list shall remain on the list and shall be mailed a
vote by mail ballot for each election conducted within the
precinct in which the voter is eligible to vote.
(f) If a voter who is on the permanent vote by mail list
does not return a vote by mail ballot for the fourth general
election following the general election at which the voter
last voted, the election authority shall send a notice to that
voter to ascertain whether the voter wishes to remain on the
permanent list, continues to reside at the address from which
that voter is registered to vote, and continues to be eligible
to vote. If the notice is not completed and returned by the
voter to the election authority before the 40th day before the
next general election or if the voter's response to the notice
indicates that the voter should be removed the permanent list,
a vote by mail ballot may not be sent to the voter for that
election, and the voter shall be removed from the permanent
vote by mail list unless and until the voter submits a new
application to be placed on the list and is determined to be

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eligible for the list.
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. The vote by mail application for vote by mail
ballot shall be substantially in the following form:
APPLICATION FOR VOTE BY MAIL APPLICATION BALLOT
To be voted at the .... election(s) 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(s), 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(s) 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.

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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.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
The application shall also include a section where
applicants shall mark a box indicating whether they wish to
apply for a mail-in ballot for:
(1) a single election specified in the application; or
(2) all future elections until the voter requests
otherwise in writing. This option shall also state that
the voter understands that if the voter fails to vote by
mail in 4 consecutive general elections, the voter will be
sent a notice asking to confirm the voter's address,
eligibility to vote, and the voter's wish to remain on the
permanent vote by mail list, and that the notice must be
returned within a specified period to avoid being removed
from the permanent list.
If a voter applies for a vote by mail ballot for a

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non-primary election or for permanent vote by mail status, the
voter shall have the option of disclosing or declining to
disclose a party preference.
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.
Before a partisan primary election, election authorities
shall mail to every voter who has declined to disclose a
preference for a political party whose name appears on the
permanent vote by mail voter list a notice and application
regarding voting in the primary election. The notice shall
inform the voter that the voter may request a vote by mail
ballot for a particular political party for the primary
election. This primary election application shall contain a
check box with a conspicuously printed statement that reads
substantially similar to the following: "I have declined to
disclose a preference for a qualified political party.
However, for this primary election only, I request a vote by
mail ballot for the (political) Party.". The application may
either provide a check box or other means of selecting from
party options applicable to a given election or allow the
applicant to affix the name of the party personally.
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

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statements set forth in this application are true and correct,
and a signature is not required.
Any person may produce, reproduce, distribute, or return
to an election authority the vote by mail application for vote
by mail ballot. 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 vote by mail application for vote by mail ballot
submitted in a form substantially similar to that required by
this Section, including any substantially similar production
or reproduction generated by the applicant.
(Source: P.A. 99-522, eff. 6-30-16; 100-623, eff. 7-20-18.)

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(10 ILCS 5/19-3.1 new)
Sec. 19-3.1. Cancellation of permanent vote by mail
status.
Each election authority shall provide an easily accessible
application for voters who wish to cancel their permanent vote
by mail status and become in-person voters again. The
application shall be in substantially the following form:
Request to Cancel Permanent Vote by Mail Status
"I, (full name, as registered to vote), want to cancel my
status as a permanent vote by mail voter and will now be a
polling place voter. I understand this will not affect my
registration as a voter and I will no longer automatically
receive my ballot in the mail prior to each election. I
understand that in the future I may apply to receive a ballot
in the mail for a specific election or may reapply for
permanent vote by mail status.".
The cancellation form shall include:
(1) the voter's name;
(2) the voter's residence address;
(3) the voter's date of birth;
(4) a statement substantially similar to the
following: "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.";
(5) the signature of the applicant; and

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(6) the address of the appropriate election authority
to which the form must be sent.
Upon receipt, the appropriate election authority shall
accept and promptly process any application to cancel
permanent vote by mail status submitted in a form
substantially similar to that required by this Section,
including any substantially similar production or reproduction
generated by the applicant.