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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5114

Introduced 2/10/2026, by Rep. Katie Stuart

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-8

from Ch. 46, par. 19-8

10 ILCS 5/20-8

from Ch. 46, par. 20-8

Amends the Election Code. In provisions concerning the counting of
vote by mail ballots and ballots cast by absent electors in military or
naval service, provides that the counting of those ballots shall begin 7
calendar days before election day (rather than on election day after the
closing of the polls). Provides that an election authority shall not
release the results of any counting done under the provisions until after
the closing of the polls on election day.
LRB104 19203 SPS 32648 b

A BILL FOR

HB5114
LRB104 19203 SPS 32648 b
1

AN ACT concerning elections.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Sections 19-8 and 20-8 as follows:

6

(10 ILCS 5/19-8)

(from Ch. 46, par. 19-8)
7

Sec. 19-8.
Time and place of counting ballots.
8

(a)
(Blank).

(Blank.)
9

(b) Each vote by mail voter's ballot returned to an
10
election authority, by any means authorized by this Article,
11
and received by that election authority before the closing of
12
the polls on election day shall be endorsed by the receiving
13
election authority with the day and hour of receipt and may be
14
processed by the election authority beginning on the day it is
15
received by the election authority in the central ballot
16
counting location of the election authority, but the results
17
of the processing may not be counted until the day of the
18
election after 7:00 p.m., except as provided in subsections
19
(g) and (g-5).
20

(c) Each vote by mail voter's ballot that is mailed to an
21
election authority and postmarked no later than election day,
22
but that is received by the election authority after the polls
23
close on election day and before the close of the period for

HB5114
- 2 -
LRB104 19203 SPS 32648 b
1
counting provisional ballots cast at that election, shall be
2
endorsed by the receiving authority with the day and hour of
3
receipt and shall be counted at the central ballot counting
4
location of the election authority during the period for
5
counting provisional ballots.
6

Each vote by mail voter's ballot that is mailed to an
7
election authority absent a postmark or a barcode usable with
8
an intelligent mail barcode tracking system, but that is
9
received by the election authority after the polls close on
10
election day and before the close of the period for counting
11
provisional ballots cast at that election, shall be endorsed
12
by the receiving authority with the day and hour of receipt,
13
opened to inspect the date inserted on the certification, and,
14
if the certification date is election day or earlier and the
15
ballot is otherwise found to be valid under the requirements
16
of this Section, counted at the central ballot counting
17
location of the election authority during the period for
18
counting provisional ballots. Absent a date on the
19
certification, the ballot shall not be counted.
20

If an election authority is using an intelligent mail
21
barcode tracking system, a ballot that is mailed to an
22
election authority absent a postmark may be counted if the
23
intelligent mail barcode tracking system verifies the envelope
24
was mailed no later than election day.
25

(d) Special write-in vote by mail voter's blank ballots
26
returned to an election authority, by any means authorized by

HB5114
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LRB104 19203 SPS 32648 b
1
this Article, and received by the election authority at any
2
time before the closing of the polls on election day shall be
3
endorsed by the receiving election authority with the day and
4
hour of receipt and shall be counted at the central ballot
5
counting location of the election authority during the same
6
period provided for counting vote by mail voters' ballots
7
under subsections (b), (g), and (g-5). Special write-in vote
8
by mail voter's blank ballots that are mailed to an election
9
authority and postmarked no later than election day, but that
10
are received by the election authority after the polls close
11
on election day and before the closing of the period for
12
counting provisional ballots cast at that election, shall be
13
endorsed by the receiving authority with the day and hour of
14
receipt and shall be counted at the central ballot counting
15
location of the election authority during the same periods
16
provided for counting vote by mail voters' ballots under
17
subsection (c).
18

(e) Except as otherwise provided in this Section, vote by
19
mail voters' ballots and special write-in vote by mail voter's
20
blank ballots received by the election authority after the
21
closing of the polls on an election day shall be endorsed by
22
the election authority receiving them with the day and hour of
23
receipt and shall be safely kept unopened by the election
24
authority for the period of time required for the preservation
25
of ballots used at the election, and shall then, without being
26
opened, be destroyed in like manner as the used ballots of that

HB5114
- 4 -
LRB104 19203 SPS 32648 b
1
election.
2

(f) Counting required under this Section
shall

to
begin
7
3
calendar days before

on
election day
after the closing of the
4
polls shall commence no later than 8:00 p.m.
and shall be
5
conducted by a panel or panels of election judges appointed in
6
the manner provided by law. The counting shall continue until
7
all vote by mail voters' ballots and special write-in vote by
8
mail voter's blank ballots required to be counted on election
9
day have been counted.
An election authority shall not release
10
the results of any counting done under this subsection until
11
after the closing of the polls on election day.
12

(g) The procedures set forth in Articles 17 and 18 of this
13
Code shall apply to all ballots counted under this Section. In
14
addition, within 2 days after a vote by mail ballot is
15
received, but in all cases before the close of the period for
16
counting provisional ballots, the election judge or official
17
shall compare the voter's signature on the certification
18
envelope of that vote by mail ballot with the voter's
19
signature on the application verified in accordance with
20
Section 19-4 or the signature of the voter on file in the
21
office of the election authority. If the election judge or
22
official determines that the 2 signatures match, and that the
23
vote by mail voter is otherwise qualified to cast a vote by
24
mail ballot, the election authority shall cast and count the
25
ballot on election day or the day the ballot is determined to
26
be valid, whichever is later, adding the results to the

HB5114
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LRB104 19203 SPS 32648 b
1
precinct in which the voter is registered. If the election
2
judge or official determines that the signatures do not match,
3
or that the vote by mail voter is not qualified to cast a vote
4
by mail ballot, then without opening the certification
5
envelope, the judge or official shall mark across the face of
6
the certification envelope the word "Rejected" and shall not
7
cast or count the ballot.
8

In addition to the voter's signatures not matching, a vote
9
by mail ballot may be rejected by the election judge or
10
official:
11

(1) if the ballot envelope is open or has been opened
12

and resealed;
13

(2) if the voter has already cast an early or grace
14

period ballot;
15

(3) if the voter voted in person on election day or the
16

voter is not a duly registered voter in the precinct; or
17

(4) on any other basis set forth in this Code.
18

If the election judge or official determines that any of
19
these reasons apply, the judge or official shall mark across
20
the face of the certification envelope the word "Rejected" and
21
shall not cast or count the ballot.
22

(g-5) If a vote by mail ballot is rejected by the election
23
judge or official for any reason, the election authority
24
shall, within 2 days after the rejection but in all cases
25
before the close of the period for counting provisional
26
ballots, notify the vote by mail voter that his or her ballot

HB5114
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LRB104 19203 SPS 32648 b
1
was rejected. The notice shall inform the voter of the reason
2
or reasons the ballot was rejected and shall state that the
3
voter may appear before the election authority, on or before
4
the 14th day after the election, to show cause as to why the
5
ballot should not be rejected. The voter may present evidence
6
to the election authority supporting his or her contention
7
that the ballot should be counted. The election authority
8
shall appoint a panel of 3 election judges to review the
9
contested ballot, application, and certification envelope, as
10
well as any evidence submitted by the vote by mail voter. No
11
more than 2 election judges on the reviewing panel shall be of
12
the same political party. The reviewing panel of election
13
judges shall make a final determination as to the validity of
14
the contested vote by mail ballot. The judges' determination
15
shall not be reviewable either administratively or judicially.
16

A vote by mail ballot subject to this subsection that is
17
determined to be valid shall be counted before the close of the
18
period for counting provisional ballots.
19

If a vote by mail ballot is rejected for any reason, the
20
election authority shall, within one day after the rejection,
21
transmit to the State Board of Elections by electronic means
22
the voter's name, street address, email address
,
and precinct,
23
ward, township, and district numbers, as the case may be. If a
24
rejected vote by mail ballot is determined to be valid, the
25
election authority shall, within one day after the
26
determination, remove the name of the voter from the list

HB5114
- 7 -
LRB104 19203 SPS 32648 b
1
transmitted to the State Board of Elections. The State Board
2
of Elections shall maintain the names and information in an
3
electronic format on its website accessible to State and local
4
political committees.
5

Upon request by the State or local political committee,
6
each election authority shall, within one day after the
7
request, provide the following information about all rejected
8
vote by mail ballots: voter's name, street address, email
9
address
,
and precinct, ward, township, and district numbers,
10
as the case may be.
11

(g-10) All vote by mail ballots determined to be valid
12
shall be added to the vote totals for the precincts for which
13
they were cast in the order in which the ballots were opened.
14

(h) Each political party, candidate, and qualified civic
15
organization shall be entitled to have present one pollwatcher
16
for each panel of election judges therein assigned.
17
(Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23;
18
revised 6-24-25.)

19

(10 ILCS 5/20-8)

(from Ch. 46, par. 20-8)
20

Sec. 20-8.
Time and place of counting ballots.
21

(a) (Blank.)
22

(b) Each vote by mail voter's ballot returned to an
23
election authority, by any means authorized by this Article,
24
and received by that election authority may be processed by
25
the election authority beginning on the day it is received by

HB5114
- 8 -
LRB104 19203 SPS 32648 b
1
the election authority in the central ballot counting location
2
of the election authority, but the results of the processing
3
may not be counted until the day of the election after 7:00
4
p.m., except as provided in subsections (g) and (g-5).
5

(c) Each vote by mail voter's ballot that is mailed to an
6
election authority and postmarked no later than election day,
7
but that is received by the election authority after the polls
8
close on election day and before the close of the period for
9
counting provisional ballots cast at that election, shall be
10
endorsed by the receiving authority with the day and hour of
11
receipt and shall be counted at the central ballot counting
12
location of the election authority during the period for
13
counting provisional ballots.
14

Each vote by mail voter's ballot that is mailed to an
15
election authority absent a postmark or a barcode usable with
16
an intelligent mail barcode tracking system, but that is
17
received by the election authority after the polls close on
18
election day and before the close of the period for counting
19
provisional ballots cast at that election, shall be endorsed
20
by the receiving authority with the day and hour of receipt,
21
opened to inspect the date inserted on the certification, and,
22
if the certification date is election day or earlier and the
23
ballot is otherwise found to be valid under the requirements
24
of this Section, counted at the central ballot counting
25
location of the election authority during the period for
26
counting provisional ballots. Absent a date on the

HB5114
- 9 -
LRB104 19203 SPS 32648 b
1
certification, the ballot shall not be counted.
2

If an election authority is using an intelligent mail
3
barcode tracking system, a ballot that is mailed to an
4
election authority absent a postmark may be counted if the
5
intelligent mail barcode tracking system verifies the envelope
6
was mailed no later than election day.
7

(d) Special write-in vote by mail voter's blank ballots
8
returned to an election authority, by any means authorized by
9
this Article, and received by the election authority at any
10
time before the closing of the polls on election day shall be
11
endorsed by the receiving election authority with the day and
12
hour of receipt and shall be counted at the central ballot
13
counting location of the election authority during the same
14
period provided for counting vote by mail voters' ballots
15
under subsections (b), (g), and (g-5). Special write-in vote
16
by mail voter's blank ballot that are mailed to an election
17
authority and postmarked no later than election day, but that
18
are received by the election authority after the polls close
19
on election day and before the closing of the period for
20
counting provisional ballots cast at that election, shall be
21
endorsed by the receiving authority with the day and hour of
22
receipt and shall be counted at the central ballot counting
23
location of the election authority during the same periods
24
provided for counting vote by mail voters' ballots under
25
subsection (c).
26

(e) Except as otherwise provided in this Section, vote by

HB5114
- 10 -
LRB104 19203 SPS 32648 b
1
mail voters' ballots and special write-in vote by mail voter's
2
blank ballots received by the election authority after the
3
closing of the polls on the day of election shall be endorsed
4
by the person receiving the ballots with the day and hour of
5
receipt and shall be safely kept unopened by the election
6
authority for the period of time required for the preservation
7
of ballots used at the election, and shall then, without being
8
opened, be destroyed in like manner as the used ballots of that
9
election.
10

(f) Counting required under this Section
shall

to
begin
7
11
calendar days before

on
election day
after the closing of the
12
polls shall commence no later than 8:00 p.m.
and shall be
13
conducted by a panel or panels of election judges appointed in
14
the manner provided by law. The counting shall continue until
15
all vote by mail voters' ballots and special write-in vote by
16
mail voter's blank ballots required to be counted on election
17
day have been counted.
An election authority shall not release
18
the results of any counting done under this subsection until
19
after the closing of the polls on election day.

20

(g) The procedures set forth in Articles 17 and 18 of this
21
Code shall apply to all ballots counted under this Section. In
22
addition, within 2 days after a ballot subject to this Article
23
is received, but in all cases before the close of the period
24
for counting provisional ballots, the election judge or
25
official shall compare the voter's signature on the
26
certification envelope of that ballot with the signature of

HB5114
- 11 -
LRB104 19203 SPS 32648 b
1
the voter on file in the office of the election authority. If
2
the election judge or official determines that the 2
3
signatures match, and that the voter is otherwise qualified to
4
cast a ballot under this Article, the election authority shall
5
cast and count the ballot on election day or the day the ballot
6
is determined to be valid, whichever is later, adding the
7
results to the precinct in which the voter is registered. If
8
the election judge or official determines that the signatures
9
do not match, or that the voter is not qualified to cast a
10
ballot under this Article, then without opening the
11
certification envelope, the judge or official shall mark
12
across the face of the certification envelope the word
13
"Rejected" and shall not cast or count the ballot.
14

In addition to the voter's signatures not matching, a
15
ballot subject to this Article may be rejected by the election
16
judge or official:
17

(1) if the ballot envelope is open or has been opened
18

and resealed;
19

(2) if the voter has already cast an early or grace
20

period ballot;
21

(3) if the voter voted in person on election day or the
22

voter is not a duly registered voter in the precinct; or
23

(4) on any other basis set forth in this Code.
24

If the election judge or official determines that any of
25
these reasons apply, the judge or official shall mark across
26
the face of the certification envelope the word "Rejected" and

HB5114
- 12 -
LRB104 19203 SPS 32648 b
1
shall not cast or count the ballot.
2

(g-5) If a ballot subject to this Article is rejected by
3
the election judge or official for any reason, the election
4
authority shall, within 2 days after the rejection but in all
5
cases before the close of the period for counting provisional
6
ballots, notify the voter that his or her ballot was rejected.
7
The notice shall inform the voter of the reason or reasons the
8
ballot was rejected and shall state that the voter may appear
9
before the election authority, on or before the 14th day after
10
the election, to show cause as to why the ballot should not be
11
rejected. The voter may present evidence to the election
12
authority supporting his or her contention that the ballot
13
should be counted. The election authority shall appoint a
14
panel of 3 election judges to review the contested ballot,
15
application, and certification envelope, as well as any
16
evidence submitted by the vote by mail voter. No more than 2
17
election judges on the reviewing panel shall be of the same
18
political party. The reviewing panel of election judges shall
19
make a final determination as to the validity of the contested
20
ballot. The judges' determination shall not be reviewable
21
either administratively or judicially.
22

A ballot subject to this subsection that is determined to
23
be valid shall be counted before the close of the period for
24
counting provisional ballots.
25

(g-10) All ballots determined to be valid shall be added
26
to the vote totals for the precincts for which they were cast

HB5114
- 13 -
LRB104 19203 SPS 32648 b
1
in the order in which the ballots were opened.
2

(h) Each political party, candidate, and qualified civic
3
organization shall be entitled to have present one pollwatcher
4
for each panel of election judges therein assigned.
5
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)

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