Illinois General Assembly - Full Text of SB1649

LRB104 10592 SPS 20668 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1649

Introduced 2/5/2025, by Sen. Michael W. Halpin

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-3

from Ch. 46, par. 19-3

Amends the Election Code. Provides that the application for a vote by mail ballot for a single election shall include an option to apply for permanent vote by mail status in a form consistent with an application for permanent vote by mail status.

A BILL FOR

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 as follows:

(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.

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to vote at the .... election to be held on ....; and that I wish to vote by mail.

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.

....

*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.

(a-6) The application for a vote by mail ballot for a single election shall include an option to apply for permanent vote by mail status in a form consistent with the requirements of subsection (b).

(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 .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to vote at the .... election to be held on ....; and that I wish to vote by mail 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 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.

(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 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.

(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)