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Monday, September 13, 2021

New Election Laws in Illinois

As we noted last week, we are going to be reporting on a number of new laws that have taken effect or will take effect soon over the next couple of weeks. Today, we report on two election-related laws.

P.A. 102-0001 provides resources to election authorities for conducting secure elections. First, the Act provides that any federal funds received by the Illinois State Board of Elections under the Help America Vote Act that are not otherwise used in the course of a federal election can be available to election authorities to maintain secure collection sites for vote by mail ballots. Second, the Act authorizes local election authorities to operate curbside voting procedures during early voting and on election day, subject to provisions that limit the interference of election judges. Finally, the Act requires that all vote by mail ballots be accepted by election authorities, even if they do not have the requisite postage or are mailed to a collection site not within the voter’s election district.

P.A. 102-0015 changes the general primary election date to June 28, 2022 and changes corresponding dates in preparation of the general primary election, including dates for filing nomination papers and objections to those filings. The law also provides that November 8, 2022 is a State holiday as well as a school holiday for purposes of the School Code. These provisions are repealed on January 1, 2023.

In addition, this new Act also prohibits a unit of local government from adopting an ordinance or resolution that requires a member of the General Assembly to resign his or her office in order to be eligible to seek elected office in the unit of local government and provides that any such ordinance or resolution is void. The Act allows for permanent vote by mail, and also preempts home rule units from regulating the eligibility requirements for those seeking elected office in the local government that is inconsistent with the Act.

The Act includes a number of other new provisions, including new cybersecurity provisions, high school voter registration, 


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