Curbside voting was first rolled out statewide for the consolidated municipal elections on April 6, 2021, after Governor Pritzker signed House Bill 1871 into law just four days prior. In addition to establishing permanent ballot drop boxes, the legislation provided that election authorities may establish curbside voting, either on Election Day or during early voting; an effort said to ensure all voters can access the ballot, especially “residents who may face barriers to voting in person” according to the Governor’s press release. Rep. Syed’s new legislation, House Bill 1442, goes further, providing that election authorities “shall,” not “may,” establish curbside voting for individuals to cast a ballot during early voting “and,” not “or,” on election day.
At first glance, it is easy to see why a bill that would require curbside voting at every polling station has raised eyebrows, though some potential pitfalls may not be as obvious. Currently, election authorities in Illinois may use their discretion to determine whether or not curbside voting is necessary. The ability to use discretion is important as every jurisdiction has its own specific needs and varying amounts of resources at its disposal. Mandating that election authorities must establish curbside voting, regardless of these factors, fails to consider that each polling location is different, and that Illinois is more than just Chicago.
Proponents of curbside voting commonly cite that it is necessary in order to accommodate those with disabilities, seniors, or other voters with difficulties accessing traditional polling stations. While this is sound reasoning, provisions to assist such voters are already in place. The Americans with Disabilities Act requires polling locations to be accessible to voters with disabilities.
Beyond the challenges that such a mandate could pose to certain election authorities, curbside voting also opens the door to increased instances of voter fraud. By nature, curbside voting is more prone to manipulation and misuse than traditional polling stations where voters cast their ballots in a controlled and well-monitored environment. Expanding the availability of a means of voting that is susceptible to manipulation amidst nationwide concerns regarding election integrity is head-scratching, especially given the majority party’s unwillingness to support recent House Republican bills aimed at strengthening election integrity. Illinois’ Election Code does have specific guardrails in place for curbside voting, being that these programs shall designate at least two election judges from opposite parties per vehicle, though this provision alone fails to sufficiently fraud-proof the process.
The foremost criterion for the validity of legislation relating to elections must be whether or not it improves our democratic process. Given many here in Illinois and across the country are on high alert concerning voter fraud and election integrity, imposing laws that only compound the possibility of bad acts should sit amongst the last priorities of the 104th General Assembly. No matter its intentions, the expansion of curbside voting through House Bill 1442 could very well prove to be gravely consequential for the fairness of elections and those who are tasked with maintaining it. Implementing a one-size-fits-all approach to our state’s voting process is far from a solution, rather, a step backward.