SB 1863

Abstract

Amends the Freedom of Information Act. Exempts from disclosure risk and vulnerability assessments, security measures, schedules, certifications, and response policies or plans that are designed to detect, defend against, prevent, or respond to potential cyber attacks upon the State's or an election authority's network systems, or records that the disclosure of which would, in any way, constitute a risk to the proper administration of elections or voter registration. Provides that the information is exempt only to the extent that disclosure could reasonably be expected to jeopardize the effectiveness of the measures or the safety of computer systems. Provides that the exemption applies to records held by the State Board of Elections, the Department of Innovation and Technology, election authorities, and any other necessary party to protect the administration of elections. Amends the Election Code. In provisions governing the administration of the cyber navigator program, directs the allocation of resources received in accordance with the 2018 Help America Vote Act Election Security Grant (instead of the allocation of resources received in accordance with the federal Help America Vote Act). Effective immediately. Land Conveyance Appraisal Note, House Floor Amendment No. 4 (Dept. of Transportation) No land conveyances are included in Senate Bill 1863 (HA#4); therefore, there are no appraisals to be filed. Pension Note, House Floor Amendment No. 4 (Government Forecasting & Accountability) SB 1863, as amended by HA 4, will not impact any public pension fund or retirement system in Illinois. State Debt Impact Note, House Floor Amendment No. 4 (Government Forecasting & Accountability) SB 1863, as amended by House Amendment 4, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Floor Amendment No. 4 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 1863, as amended by House Amendment 4 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Fiscal Note, House Floor Amendment No. 4 (State Board of Elections) In order to implement the "at least once a month" requirement for information dissemination to political committees, the State Board of Elections will require two additional full time staff members dedicated to the project: (1) Voting and Registrations System Technician - $49,908 (salary) + $3,817.97 (FICA) = $53,726; (2) Voting and Registrations System Specialist Trainee - $33,120 (salary) + $2,533.68 (FICA} = $35,654; (3) Total Fiscal Impact= $89,383. Judicial Note, House Floor Amendment No. 4 (Admin Office of the Illinois Courts) The proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. House Floor Amendment No. 5 Deletes reference to: 5 ILCS 140/7 10 ILCS 5/1A-55 Adds reference to: 5 ILCS 100/5-45.1 new 10 ILCS 5/Art. 2B heading new 10 ILCS 5/2B-1 new 10 ILCS 5/2B-5 new 10 ILCS 5/2B-10 new 10 ILCS 5/2B-15 new 10 ILCS 5/2B-20 new 10 ILCS 5/2B-25 new 10 ILCS 5/2B-30 new 10 ILCS 5/2B-35 new 10 ILCS 5/2B-40 new 10 ILCS 5/2B-45 new 10 ILCS 5/2B-50 new 10 ILCS 5/2B-55 new 10 ILCS 5/2B-60 new 10 ILCS 5/2B-90 new 30 ILCS 500/15-45 105 ILCS 5/24-2 from Ch. 122, par. 24-2 110 ILCS 70/45a from Ch. 24 1/2, par. 38l.1 Replaces everything after the enacting clause. Amends the Election Code. Creates the Conduct of the 2020 General Election Article in the Code. For the 2020 general election, provides for changes to vote by mail, first time registrants and changes of address for registrants, the public dissemination of information for the 2020 general election, early voting and election day requirements, judges of election, electronic service of objections, additional duties of election authorities and the State Board of Elections, and 2020 county party conventions. Establishes November 3, 2020 as a State holiday to be known as 2020 General Election Day to be observed throughout the State. Provides that all government offices (with the exception of election authorities) shall be closed unless authorized to be used as a location for election day services or as a polling place. Provides the State Board of Elections with emergency rulemaking authority. Repeals the Article on January 1, 2021. Makes conforming changes in the Illinois Administrative Procedure Act, the Illinois Procurement Code, the School Code, and the State Universities Civil Service Act. Effective immediately. Pension Note, House Floor Amendment No. 5 (Government Forecasting & Accountability) SB 1863, as amended by HA 5, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 5 (Government Forecasting & Accountability) SB 1863, as amended by House Amendment 5, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Judicial Note, House Floor Amendment No. 5 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 5 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply "to Senate Bill 1863, as amended by House Amendment 5 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Land Conveyance Appraisal Note, House Floor Amendment No. 5 (Dept. of Transportation) No land conveyances are included in Senate Bill 1863 House Amendment #5 ; therefore, there are no appraisals to be filed. Home Rule Note, House Floor Amendment No. 5 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 5 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. House Floor Amendment No. 6 In provisions creating the Conduct of the 2020 General Election Article in the Election Code, excludes absent electors in military or naval service from the requirement that any elector submitting an application on or before October 1, 2020 shall receive a ballot no later than October 6, 2020. Provides that provisions concerning changes for first time registrants and change of address registrations do not apply to applications processed through automatic voter registration through the Secretary of State. Makes changes to the requirements for election judges. Reorganizes provisions concerning reimbursement for 2020 general election expenses and provides that the State Board of Elections may (rather than shall) adopt emergency rules to establish a program to provide reimbursement to election authorities for expenses related to the 2020 general election incurred as a result of COVID-19 and the requirements of the amendatory Act. Deletes language concerning 2020 county party conventions. Makes conforming changes. Housing Affordability Impact Note, House Floor Amendment No. 5 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Correctional Note, House Floor Amendment No. 5 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Fiscal Note, House Floor Amendment No. 5 (State Board of Elections) It is our opinion the contents of Senate Bill 1863, as amended by House Floor Amendment #5 would have an impact on the fiscal operations of the State Board of Elections. We anticipate the contents of the bill will expend all of the allotted funding the SBE has received from the CARES Act, which is approximately $16,759,400 (including matching funds). The aforementioned funding would be expended through grants to local election authorities to help offset costs associated with this bill and other COVID-19 related expenditures. These costs include, but are not limited to: (1) Software programming costs incurred by the local election authorities to meet these requirements; (2).Expanded VBM costs: additional envelopes, certification envelopes, return envelopes, postage, additional costs associated with third-party vendors performing some or all of these services vs. election authorities performing them in-house, etc; (3) Mail processing equipment: sorting, folding, processing, etc; (4) Tabulation equipment: additional tabulators and/or higher volume tabulators.; (5) Additional temporary staffing and/or staffing overtime costs for pre- and post-election activities directly attributable to expanded VBM (i.e. - teams of 3 election judges are more than would be typically required for conducting the signature verification process, etc.); (6) Costs associated with personal protection equipment and sanitation supplies; (7) Purchase and installation of ballot drop boxes; (8) Increase costs associated with securing and staffing Election Day vote centers. The State Board of Elections believes the CARES Act funding will not be sufficient to offset all of the costs associated with SB1863, as amended by House Floor Amendment #5 Judicial Note, House Floor Amendment No. 6 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. State Debt Impact Note, House Floor Amendment No. 6 (Government Forecasting & Accountability) SB 1863, as amended by House Amendment 6, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Floor Amendment No. 6 (Dept. of Transportation) No land conveyances are included in Senate Bill 1863 House Amendment #6; therefore, there are no appraisals to be filed. Balanced Budget Note, House Floor Amendment No. 6 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 1863, as amended by House Amendment 6 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Correctional Note, House Floor Amendment No. 6 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Pension Note, House Floor Amendment No. 6 (Government Forecasting & Accountability) SB 1863, as amended by HA 6, will not impact any public pension fund or retirement system in the State of Illinois. Home Rule Note, House Floor Amendment No. 6 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 6 (Dept. of Human Services) This bill does not create a State mandate. Fiscal Note, House Floor Amendment No. 6 (State Board of Elections) It is our opinion the contents of Senate Bill 1863, as amended by House Floor Amendment #6, would have an impact on the fiscal operations of the State Board of Elections. We anticipate the contents of the bill will expend all of the allotted funding the SBE has received from the CARES Act, which is approximately $16,759,400 (including matching funds). The aforementioned funding would be expended through grants to local election authorities to help offset costs associated with this bill and other COVID-19 related expenditures. These costs include, but are not limited to: (1) Software programming costs incurred by the local election authorities to meet these requirements; (2) Expanded VBM costs: additional envelopes, certification envelopes, return envelopes, postage, additional costs associated with third-party vendors performing some or all of these services vs. election authorities performing them in-house, etc.; (3) Mail processing equipment: sorting, folding, processing, etc.; (4) Tabulation equipment: additional tabulators and/or higher volume tabulators; (5) Additional temporary staffing and/or staffing overtime costs for pre- and post-election activities directly attributable to expanded VBM (i.e. - teams of 3 election judges are more than would be typically required for conducting the signature verification process, etc.); (6) Costs associated with personal protection equipment and sanitation supplies; (7) Purchase and installation of ballot drop boxes; (8) Increase costs associated with securing and staffing Election Day vote centers. The State Board of Elections believes the CARES Act funding will not be sufficient to offset all of the costs associated with SB1863, as amended by House Floor Amendment #6. Correctional Note, House Floor Amendment No. 7 (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. State Debt Impact Note, House Floor Amendment No. 7 (Government Forecasting & Accountability) SB 1863, as amended by House Amendment 7, would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness. Judicial Note, House Floor Amendment No. 7 (Admin Office of the Illinois Courts) Based on a review of the bill, it has been determined that the proposed legislation would neither increase nor decrease the number of judges needed in the state of Illinois. Balanced Budget Note, House Floor Amendment No. 7 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 1863, as amended by House Amendment 7 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Pension Note, House Floor Amendment No. 7 (Government Forecasting & Accountability) SB 1873, as amended by HA 7, will not impact any public pension fund or retirement system in the State of Illinois. Home Rule Note, House Floor Amendment No. 7 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 7 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Floor Amendment No. 6 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Housing Affordability Impact Note, House Floor Amendment No. 7 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Fiscal Note, House Floor Amendment No. 7 (State Board of Elections) It is our opinion the contents of Senate Bill 1863, as amended by House Floor Amendment #7, would have an impact on the fiscal operations of the State Board of Elections. We anticipate the contents of the bill will expend all of the allotted funding the SBE has received from the CARES Act, which is approximately $16,759,400 (including matching funds). The aforementioned funding would be expended through grants to local election authorities to help offset costs associated with this bill and other COVID-19 related expenditures. These costs include, but are not limited to: (1) Software programming costs incurred by the local election authorities to meet these requirements; (2) Expanded VBM costs: additional envelopes, certification envelopes, return envelopes, postage, additional costs associated with third-party vendors performing some or all of these services vs. election authorities performing them in-house, etc.; (3) Mail processing equipment: sorting, folding, processing, etc.; (4) Tabulation equipment: additional tabulators and/or higher volume tabulators; (5) Additional temporary staffing and/or staffing overtime costs for pre- and post-election activities directly attributable to expanded VBM (i.e. - teams of 3 election judges are more than would be typically required for conducting the signature verification process, etc.); (6) Costs associated with personal protection equipment and sanitation supplies; (7) Purchase and installation of ballot drop boxes; (8) Increase costs associated with securing and staffing Election Day vote centers. The State Board of Elections believes the CARES Act funding will not be sufficient to offset all of the costs associated with SB1863, as amended by House Floor Amendment #7.