SB 828

Abstract

Amends the Election Code. Makes a technical change in a Section of the campaign finance Article concerning definitions. Senate Floor Amendment No. 2 Deletes reference to: 10 ILCS 5/9-1 Adds reference to: 10 ILCS 5/25-6 from Ch. 46, par. 25-6 Replaces everything after the enacting clause. Amends the Election Code. Provides that when a vacancy occurs in the office of State Senator or State Representative in the General Assembly, the legislative or representative committee of that legislative or representative district that fills the vacancy shall provide members of the public within the district with notice of the vacancy and the replacement process. Provides that the committee shall also provide members of the public with notice of an impending vote to fill the vacancy. Provides that any meeting held by a legislative or representative committee for purposes of filling a vacancy in the General Assembly shall be open to the public and shall also be recorded and broadcast by electronic means for public consumption. Provides requirements for appointments that may be filled by the Governor. House Committee Amendment No. 1 Deletes reference to: 10 ILCS 5/25-6 Adds reference to: 10 ILCS 5/1-18 new 10 ILCS 5/3-5 from Ch. 46, par. 3-5 10 ILCS 5/19A-20 730 ILCS 5/5-5-5 from Ch. 38, par. 1005-5-5 730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1 Replaces everything after the enacting clause. Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction or not later than 5 days before the first election following the person's confinement (rather than prohibiting a person who has been convicted of any crime and is serving a sentence of confinement from voting until his or her release from confinement). Requires the election authority to collaborate with a correctional institution to facilitate an opportunity for voting by mail for eligible electors to vote in that election jurisdiction who are incarcerated in the correctional institution. Provides that all requirements of the federal Voting Rights Act of 1965 and other federal, State, and local laws regarding language access and disability access apply to the provisions. Requires the correctional institution to make available to persons in custody resource materials relating to an election. Requires the State Board of Elections in coordination with correctional institutions to annually report certain data regarding compliance with the provisions. Makes conforming changes throughout the Code and in the Unified Code of Corrections. Effective July 1, 2022. Pension Note, House Committee Amendment No. 1 (Dept. of Transportation) SB 0828, as amended by HA I, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability) SB 0828, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 0828, as amended by House Amendment 1 as it is not a supplement.al appropriation that increases or decreases appropriaiions. Under the Act, a balanced budget note must be prepared only for bills that change a genCral funds appropriation for the fiscal year in which the new bill is enacted. Fiscal Note, House Committee Amendment No. 1 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of 5B828, HCA1. Total Fiscal Impact: N/A House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45.8 new 10 ILCS 5/1-19 new In provisions amending the Election Code concerning post-conviction voting, removes the requirement that a person convicted of a felony, or otherwise under sentence in a correctional institution or jail, be eligible to vote not later than 5 days before the first primary, general, consolidated, or special election immediately following his or her conviction. Makes changes to the requirements of the annual report by the State Board of Elections. Provides that the provisions apply to all elections beginning with the general primary election in 2022. Provides the State Board of Elections with rulemaking authority, including emergency rules, to implement the provisions. Creates the Post-Conviction Task Force to study how to implement provisions restoring voting rights and allowing voting while a person is under sentence in a correctional institution. Requires the Task Force to submit a report on its findings and recommendations on or before December 31, 2021. Dissolves the Task Force on January 1, 2023. Makes conforming changes in the Illinois Administrative Procedure Act. Changes the effective date to immediate rather than July 1, 2022. Balanced Budget Note, House Floor Amendment No. 2 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 0828, as amended by House Amendment 2 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. 2 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of SB828 (H-AM). Total Fiscal Impact: N/A Land Conveyance Appraisal Note, House Floor Amendment No. 2 (Dept. of Transportation) No land conveyances are included in Senate Bill 828 House Amendment #2; therefore, there are no appraisals to be filed. Pension Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 0828, as amended by HA 2, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 2 (Government Forecasting & Accountability) SB 0828, as amended by House Amendment 2, w8uld not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation) No land conveyances are included in Senate Bill 828 House Amendment #2; therefore, there are no appraisals to be filed. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Housing Affordability Impact Note, House Committee Amendment No. 1 (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. 2 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Home Rule Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate under the State Mandates Act. Judicial Note, House Floor Amendment No. 2 (Admin Office of the Illinois Courts) The proposed legislation would neither increase nor decrease the number of judges needed in the State of Illinois. Judicial Note, House Committee Amendment No. 1 (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. 3 Deletes reference to: 10 ILCS 5/1-18 new Adds reference to: 10 ILCS 5/1-21 new Replaces everything after the enacting clause. Amends the Election Code. Provides that a person convicted of a felony or otherwise under sentence in a correctional institution or jail shall have his or her right to vote restored and shall be eligible to vote not later than 14 days following his or her conviction. Provides that correctional institutions shall make available to persons in custody certain current resource materials related to elections. Creates the Post-Conviction Task Force to strengthen and improve provisions that restore the right to vote for a person convicted of a felony or otherwise under sentence in a correctional institution or jail. Amends the Unified Code of Corrections to make conforming changes. Effective June 1, 2022. Fiscal Note, House Floor Amendment No. 3 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of SB828 (H-AM 3) Pension Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0828, as amended by HA 3, will not impact any public pension fund or retirement system in the State of Illinois. State Debt Impact Note, House Floor Amendment No. 3 (Government Forecasting & Accountability) SB 0828, as amended by House Amendment 3, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) 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. 3 (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 828, as amended by House Amendment 3 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. 3 (Dept. of Transportation) No land conveyances are included in this bill; therefore, there are no appraisals to be filed. Housing Affordability Impact Note, House Floor Amendment No. 3 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Correctional Note, House Floor Amendment No. 3 (Dept of Corrections) Therefore, Senate Bill 0828 as Amended by House Amendment 003 would result in no increase in the corrections population and have an unknown fiscal impact on the Department over the first ten years after enactment. House Floor Amendment No. 4 Makes changes to the bill as amended by House Amendment No. 3. Provides that a correctional institution shall make available to a person in its custody resource materials current to an election, which are requested by that person in its custody and received at the correctional institution from a local election authority in response to that person's request. In provisions concerning temporary branch polling places at county jails, provides that a voter entitled to vote in another county, other than the county in which the jail is located, shall only be allowed to vote by mail. Pension Note, House Floor Amendment No. 4 (Government Forecasting & Accountability) SB 0828, as amended by HA 4, will not impact any public pension fund or retirement system in the State of Illinois. Home Rule Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity) This bill does not pre-empt home rule authority. State Mandates Fiscal Note, House Floor Amendment No. 4 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. State Debt Impact Note, House Floor Amendment No. 4 (Government Forecasting & Accountability) This bill would not change the amount of authorization for any type of State-issued 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 this bill 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. Housing Affordability Impact Note, House Floor Amendment No. 4 (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence. 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. Fiscal Note, House Floor Amendment No. 4 (State Board of Elections) The State Board of Elections does not anticipate any fiscal impact by the passage of SB828, HCA4.