| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||
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 7-43, 7-44,
19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1, | |||||||||||||||||||||||||||||||||||||||||||
6 | 20-3, 20-5, and 20-8 and by adding Sections 19-4.5 and 20-4.5 | |||||||||||||||||||||||||||||||||||||||||||
7 | as follows:
| |||||||||||||||||||||||||||||||||||||||||||
8 | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
| |||||||||||||||||||||||||||||||||||||||||||
9 | Sec. 7-43. Every person having resided in this State 6 | |||||||||||||||||||||||||||||||||||||||||||
10 | months and
in the precinct 30 days next preceding any primary | |||||||||||||||||||||||||||||||||||||||||||
11 | therein who shall be
a citizen of the United States of the age | |||||||||||||||||||||||||||||||||||||||||||
12 | of 18 or more
years shall be
entitled to vote at such primary.
| |||||||||||||||||||||||||||||||||||||||||||
13 | The following regulations shall be applicable to | |||||||||||||||||||||||||||||||||||||||||||
14 | primaries:
| |||||||||||||||||||||||||||||||||||||||||||
15 | No person shall be entitled to vote at a primary:
| |||||||||||||||||||||||||||||||||||||||||||
16 | (a) Unless he declares his party affiliations as | |||||||||||||||||||||||||||||||||||||||||||
17 | required by this
Article.
| |||||||||||||||||||||||||||||||||||||||||||
18 | (b) (Blank).
| |||||||||||||||||||||||||||||||||||||||||||
19 | (c) (Blank).
| |||||||||||||||||||||||||||||||||||||||||||
20 | (c.5) If that person has participated in the town | |||||||||||||||||||||||||||||||||||||||||||
21 | political party caucus,
under Section 45-50 of the | |||||||||||||||||||||||||||||||||||||||||||
22 | Township Code, of another political party by
signing an | |||||||||||||||||||||||||||||||||||||||||||
23 | affidavit of voters attending the caucus within 45 days |
| |||||||
| |||||||
1 | before the
first day of the calendar month in which the | ||||||
2 | primary is held.
| ||||||
3 | (d) (Blank).
| ||||||
4 | In cities, villages and incorporated towns having a | ||||||
5 | board of
election commissioners only voters registered as | ||||||
6 | provided by Article 6
of this Act shall be entitled to vote | ||||||
7 | at such primary.
| ||||||
8 | No person shall be entitled to vote at a primary unless | ||||||
9 | he is
registered under the provisions of Articles 4, 5 or 6 | ||||||
10 | of this Act, when
his registration is required by any of | ||||||
11 | said Articles to entitle him to
vote at the election with | ||||||
12 | reference to which the primary is held.
| ||||||
13 | A person (i) who filed a statement of candidacy for a | ||||||
14 | partisan office as a qualified primary voter of an established | ||||||
15 | political party or (ii) who voted the ballot of an established | ||||||
16 | political party at a general primary election may not file a | ||||||
17 | statement of candidacy as a candidate of a different | ||||||
18 | established political party or as an independent candidate for | ||||||
19 | a partisan office to be filled at the general election | ||||||
20 | immediately following the general primary for which the person | ||||||
21 | filed the statement or voted the ballot. A person may file a | ||||||
22 | statement of candidacy for a partisan office as a qualified | ||||||
23 | primary voter of an established political party regardless of | ||||||
24 | any prior filing of candidacy for a partisan office or voting | ||||||
25 | the ballot of an established political party at any prior | ||||||
26 | election. |
| |||||||
| |||||||
1 | (Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
| ||||||
2 | (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
| ||||||
3 | Sec. 7-44. Voter choice of primary ballot. | ||||||
4 | (a) Any person desiring to vote at a primary shall state | ||||||
5 | his
or her name and ,
residence and party affiliation to the | ||||||
6 | primary judges, one of whom shall
thereupon announce the same | ||||||
7 | in a distinct tone of voice, sufficiently loud
to be heard by | ||||||
8 | all persons in the polling place. When article 4, 5 or 6
is | ||||||
9 | applicable the Certificate of Registered Voter therein | ||||||
10 | prescribed shall
be made and signed and the official poll | ||||||
11 | record shall be made. If the
person desiring to vote is not | ||||||
12 | challenged, one of the primary judges shall
give to him or her | ||||||
13 | one , and only one, primary ballot of each of the
established | ||||||
14 | political
parties nominating candidates for office at the | ||||||
15 | primary election, but the
voter may
cast a ballot of only one | ||||||
16 | political party, except as otherwise provided in
subsection (b)
| ||||||
17 | party with
which he declares himself affiliated , on the back of | ||||||
18 | which the
such
primary
judge shall endorse his or her initials | ||||||
19 | in such manner that they may be
seen when
the primary ballot is | ||||||
20 | properly folded. If the person desiring to vote is
challenged | ||||||
21 | he or she shall not receive a primary ballot from the primary
| ||||||
22 | judges
until he or she shall have established his or her right | ||||||
23 | to vote as
hereinafter provided in this Article .
No person who | ||||||
24 | refuses to state his party affiliation shall be allowed to
vote | ||||||
25 | at a primary.
|
| |||||||
| |||||||
1 | (b) A person who casts a ballot of
declares his party | ||||||
2 | affiliation
with a
statewide established
political party and | ||||||
3 | requests a primary ballot of such party may nonetheless
also | ||||||
4 | declare his affiliation with a political party established only | ||||||
5 | within
a political subdivision, and may also vote in the | ||||||
6 | primary of a
such
local political
party established only within | ||||||
7 | a political subdivision on the same election
day, provided that | ||||||
8 | the
such voter may not vote in
both such party primaries with | ||||||
9 | respect to offices of the same political
subdivision. However, | ||||||
10 | no person casting a ballot of
declaring his
affiliation with a | ||||||
11 | statewide
established political party may vote in the primary | ||||||
12 | of any other statewide
political party on the same election | ||||||
13 | day.
Each party's primary ballot shall include a space for the | ||||||
14 | voter to mark, indicating that political party as the party for | ||||||
15 | which the voter cast his or her votes. The voter may mark the | ||||||
16 | space on the
ballot of only one political party indicating that | ||||||
17 | party, except as otherwise
provided in this Section.
If the | ||||||
18 | voter desires to cast his or her ballot of a statewide | ||||||
19 | political party
and a political party established only within a | ||||||
20 | political subdivision, the
voter may indicate that choice by | ||||||
21 | marking the space provided on the ballot of
the statewide | ||||||
22 | political party and by also marking the space provided on the
| ||||||
23 | ballot of the political party established only within a | ||||||
24 | political
subdivision. If the voter does not mark the space on | ||||||
25 | the primary ballot
indicating the political party in which the | ||||||
26 | voter cast his or her ballot, or
marks more than one such |
| |||||||
| |||||||
1 | space, the judges of election shall count only the
votes of the | ||||||
2 | political party in which the voter cast a vote for the office
| ||||||
3 | nearest the top of the ballot.
| ||||||
4 | (Source: P.A. 81-1535.)
| ||||||
5 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
6 | Sec. 19-3. The
application for vote by mail ballot shall be | ||||||
7 | substantially in the
following form: | ||||||
8 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
9 | To be voted at the .... election in the County of .... and | ||||||
10 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
11 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
12 | I state that I am a resident of the .... precinct of the | ||||||
13 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
14 | the city of
.... residing at .... in such city or town in the | ||||||
15 | county of .... and
State of Illinois; that I have lived at such | ||||||
16 | address for .... month(s)
last past; that I am lawfully | ||||||
17 | entitled to vote in such precinct at the
.... election to be | ||||||
18 | held therein on ....; and that I wish to vote by vote by mail | ||||||
19 | ballot. | ||||||
20 | I hereby make application for an official ballot or ballots | ||||||
21 | to be
voted by me at such election, and I agree that I shall | ||||||
22 | return such ballot or ballots to the
official issuing the same | ||||||
23 | prior to the closing of the polls on the date
of the election | ||||||
24 | or, if returned by mail, postmarked no later than election day, | ||||||
25 | for counting no later than during the period for counting |
| |||||||
| |||||||
1 | provisional ballots, the last day of which is the 14th day | ||||||
2 | following election day. | ||||||
3 | I understand that this application is made for an official | ||||||
4 | vote by mail ballot or ballots to be voted by me at the | ||||||
5 | election specified in this application and that I must submit a | ||||||
6 | separate application for an official vote by mail ballot or | ||||||
7 | ballots to be voted by me at any subsequent election. | ||||||
8 | Under penalties as provided by law pursuant to Section | ||||||
9 | 29-10 of the
Election Code, the undersigned certifies that the | ||||||
10 | statements set forth
in this application are true and correct. | ||||||
11 | .... | ||||||
12 | *fill in either (1), (2) or (3). | ||||||
13 | Post office address to which ballot is mailed: | ||||||
14 | ............... | ||||||
15 | However, if application is made for a primary election | ||||||
16 | ballot, such
application shall require the applicant to | ||||||
17 | designate the name of the political party with which
the | ||||||
18 | applicant is affiliated. | ||||||
19 | If application is made electronically, the applicant shall | ||||||
20 | mark the box associated with the above described statement | ||||||
21 | included as part of the online application certifying that the | ||||||
22 | statements set forth in this application are true and correct, | ||||||
23 | and a signature is not required. | ||||||
24 | Any person may produce, reproduce, distribute, or return to | ||||||
25 | an election authority the application for vote by mail ballot. | ||||||
26 | Upon receipt, the appropriate election authority shall accept |
| |||||||
| |||||||
1 | and promptly process any application for vote by mail ballot | ||||||
2 | submitted in a form substantially similar to that required by | ||||||
3 | this Section, including any substantially similar production | ||||||
4 | or reproduction generated by the applicant. | ||||||
5 | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; | ||||||
6 | 99-522, eff. 6-30-16.)
| ||||||
7 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
8 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
9 | Immediately upon
the receipt of such application either by mail | ||||||
10 | or electronic means, not more than 90 days
nor less than 5 days | ||||||
11 | prior to such election, or by personal delivery not
more than | ||||||
12 | 90 days nor less than one day prior to such election, at the
| ||||||
13 | office of such election authority, it shall be the duty of such | ||||||
14 | election
authority to examine the records to ascertain whether | ||||||
15 | or not such
applicant is lawfully entitled to vote as
| ||||||
16 | requested, including a verification of the applicant's | ||||||
17 | signature by comparison with the signature on the official | ||||||
18 | registration record card, and if found so to be entitled to | ||||||
19 | vote, to post within one business day thereafter
the name, | ||||||
20 | street address,
ward and precinct number or township and | ||||||
21 | district number, as the case may be,
of such applicant given on | ||||||
22 | a list, the pages of which are to be numbered
consecutively to | ||||||
23 | be kept by such election authority for such purpose in a
| ||||||
24 | conspicuous, open and public place accessible to the public at | ||||||
25 | the entrance of
the office of such election authority, and in |
| |||||||
| |||||||
1 | such a manner that such list may
be viewed without necessity of | ||||||
2 | requesting permission therefor. Within one
day after posting | ||||||
3 | the name and other information of an applicant for a vote by | ||||||
4 | mail
ballot, the election authority shall transmit by | ||||||
5 | electronic means pursuant to a process established by the State | ||||||
6 | Board of Elections that name and other
posted information to | ||||||
7 | the State Board of Elections, which shall maintain those
names | ||||||
8 | and other information in an electronic format on its website, | ||||||
9 | arranged by
county and accessible to State and local political | ||||||
10 | committees. Within 2
business days after posting a name and | ||||||
11 | other information on the list within
its
office, but no sooner | ||||||
12 | than 40 days before an election, the election authority shall | ||||||
13 | mail,
postage prepaid, or deliver in person in such office an | ||||||
14 | official ballot
or ballots if more than one are to be voted at | ||||||
15 | said election or if Section 19-4.5 applies . Mail delivery
of | ||||||
16 | Temporarily Absent Student ballot applications pursuant to | ||||||
17 | Section
19-12.3 shall be by nonforwardable mail. However,
for | ||||||
18 | the consolidated election, vote by mail ballots for certain | ||||||
19 | precincts may
be delivered to applicants not less than 25 days | ||||||
20 | before the election if
so much time is required to have | ||||||
21 | prepared and printed the ballots containing
the names of | ||||||
22 | persons nominated for offices at the consolidated primary.
The | ||||||
23 | election authority shall enclose with each vote by mail ballot | ||||||
24 | or
application written instructions on how voting assistance | ||||||
25 | shall be provided
pursuant to Section 17-14 and a document, | ||||||
26 | written and approved by the State
Board of Elections, informing |
| |||||||
| |||||||
1 | the vote by mail voter of the required postage for returning | ||||||
2 | the application and ballot, and
enumerating
the circumstances | ||||||
3 | under which a person is authorized to vote by vote by mail
| ||||||
4 | ballot pursuant to this Article; such document shall also | ||||||
5 | include a
statement informing the applicant that if he or she | ||||||
6 | falsifies or is
solicited by another to falsify his or her
| ||||||
7 | eligibility to cast a vote by mail ballot, such applicant or | ||||||
8 | other is subject
to
penalties pursuant to Section 29-10 and | ||||||
9 | Section 29-20 of the Election Code.
Each election authority | ||||||
10 | shall maintain a list of the name, street address,
ward and
| ||||||
11 | precinct, or township and district number, as the case may be, | ||||||
12 | of all
applicants who have returned vote by mail ballots to | ||||||
13 | such authority, and the name of such vote by mail voter shall | ||||||
14 | be added to such list
within one business day from receipt of | ||||||
15 | such ballot.
If the vote by mail ballot envelope indicates that | ||||||
16 | the voter was assisted in
casting the ballot, the name of the | ||||||
17 | person so assisting shall be included on
the list. The list, | ||||||
18 | the pages of which are to be numbered consecutively,
shall be | ||||||
19 | kept by each election authority in a conspicuous, open, and | ||||||
20 | public
place accessible to the public at the entrance of the | ||||||
21 | office of the election
authority and in a manner that the list | ||||||
22 | may be viewed without necessity of
requesting permission for | ||||||
23 | viewing.
| ||||||
24 | Each election authority shall maintain a list for each | ||||||
25 | election
of the
voters to whom it has issued vote by mail | ||||||
26 | ballots. The list shall be
maintained for each precinct within |
| |||||||
| |||||||
1 | the jurisdiction of the election
authority. Prior to the | ||||||
2 | opening of the polls on election day, the
election authority | ||||||
3 | shall deliver to the judges of election in each
precinct the | ||||||
4 | list of registered voters in that precinct to whom vote by mail
| ||||||
5 | ballots have been issued by mail.
| ||||||
6 | Each election authority shall maintain a list for each | ||||||
7 | election of
voters to whom it has issued temporarily absent | ||||||
8 | student ballots. The list
shall be maintained for each election | ||||||
9 | jurisdiction within which such voters
temporarily abide. | ||||||
10 | Immediately after the close of the period during which
| ||||||
11 | application may be made by mail or electronic means for vote by | ||||||
12 | mail ballots, each election
authority shall mail to each other | ||||||
13 | election authority within the State a
certified list of all | ||||||
14 | such voters temporarily abiding within the
jurisdiction of the | ||||||
15 | other election authority.
| ||||||
16 | In the event that the return address of an
application for | ||||||
17 | ballot by a physically incapacitated elector
is that of a | ||||||
18 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
19 | the Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
20 | ID/DD Community Care Act, or the MC/DD Act, within the | ||||||
21 | jurisdiction of the election authority, and the applicant
is a | ||||||
22 | registered voter in the precinct in which such facility is | ||||||
23 | located,
the ballots shall be prepared and transmitted to a | ||||||
24 | responsible judge of
election no later than 9 a.m. on the | ||||||
25 | Friday, Saturday, Sunday, or Monday immediately
preceding the | ||||||
26 | election as designated by the election authority under
Section |
| |||||||
| |||||||
1 | 19-12.2. Such judge shall deliver in person on the designated | ||||||
2 | day
the ballot to the applicant on the premises of the facility | ||||||
3 | from which
application was made. The election authority shall | ||||||
4 | by mail notify the
applicant in such facility that the ballot | ||||||
5 | will be delivered by a judge of
election on the designated day.
| ||||||
6 | All applications for vote by mail ballots shall be | ||||||
7 | available at the office
of the election authority for public | ||||||
8 | inspection upon request from the
time of receipt thereof by the | ||||||
9 | election authority until 30 days after the
election, except | ||||||
10 | during the time such applications are kept in the
office of the | ||||||
11 | election authority pursuant to Section 19-7, and except during
| ||||||
12 | the time such applications are in the possession of the judges | ||||||
13 | of election.
| ||||||
14 | (Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
15 | 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | ||||||
16 | 7-29-15; 99-522, eff. 6-30-16.)
| ||||||
17 | (10 ILCS 5/19-4.5 new)
| ||||||
18 | Sec. 19-4.5. Primary ballots. | ||||||
19 | (a) A person entitled to vote by absentee ballot at a | ||||||
20 | primary shall not be required to declare his or her political | ||||||
21 | party affiliation and shall be provided with the ballots of all | ||||||
22 | established political parties nominating candidates for | ||||||
23 | offices for which the absentee voter is entitled to vote at | ||||||
24 | that primary. That absentee voter may mark, cast, and have | ||||||
25 | counted the primary ballot of only one established political |
| |||||||
| |||||||
1 | party, except that he or she may mark, cost, and have counted | ||||||
2 | the primary ballots of a statewide established political party | ||||||
3 | and a local political party established only within a political | ||||||
4 | subdivision as provided in subsection (b) of Section 7-44. | ||||||
5 | (b) With respect to the marking, casting, and counting of | ||||||
6 | primary ballots, absentee voting shall be conducted in | ||||||
7 | accordance with Sections 7-43 and 7-44 of this Code as well as | ||||||
8 | the provisions of this Article. | ||||||
9 | (c) When voting absentee at a primary by means other than | ||||||
10 | in-person absentee voting, the voter shall be instructed to | ||||||
11 | discard or otherwise destroy any ballots of political parties | ||||||
12 | that the voter does not intend to cast. Such a discarded or | ||||||
13 | destroyed ballot or ballots is not the ballot or ballots the | ||||||
14 | voter agreed in the absentee ballot application to return to | ||||||
15 | the election authority. | ||||||
16 | If a voter subject to this subsection (c) returns to the | ||||||
17 | election authority the ballot of more than one established | ||||||
18 | political party, the judges of election shall determine which | ||||||
19 | votes to count as provided in subsection (b) of Section 7-44. | ||||||
20 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
21 | Sec. 19-5. It shall be the duty of the election authority | ||||||
22 | to fold the
ballot or ballots in the manner specified by the | ||||||
23 | statute for folding
ballots prior to their deposit in the | ||||||
24 | ballot box, and to enclose such
ballot or ballots in an | ||||||
25 | envelope unsealed to be furnished by him, which
envelope shall |
| |||||||
| |||||||
1 | bear upon the face thereof the name, official title and
post | ||||||
2 | office address of the election authority, and upon the other | ||||||
3 | side
a printed certification in substantially the
following | ||||||
4 | form:
| ||||||
5 | I state that I am a resident of the .... precinct of the | ||||||
6 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
7 | the city of
.... residing at .... in such city or town in the | ||||||
8 | county of .... and
State of Illinois, that I have lived at such | ||||||
9 | address for .... months
last past; and that I am lawfully | ||||||
10 | entitled to vote in such precinct at the
.... election to be | ||||||
11 | held on .....
| ||||||
12 | *fill in either (1), (2) or (3).
| ||||||
13 | I further state that I personally marked the enclosed | ||||||
14 | ballot in secret.
| ||||||
15 | Under penalties of perjury as provided by law pursuant to | ||||||
16 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
17 | that the statements set
forth in this certification are true | ||||||
18 | and correct.
| ||||||
19 | .......................
| ||||||
20 | If the ballot is to go to an elector who is physically | ||||||
21 | incapacitated and needs assistance marking the ballot,
the | ||||||
22 | envelope shall bear upon the back thereof a certification in
| ||||||
23 | substantially the following form:
| ||||||
24 | I state that I am a resident of the .... precinct of the | ||||||
25 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
26 | the city of
.... residing at .... in such city or town in the |
| |||||||
| |||||||
1 | county of .... and
State of Illinois, that I have lived at such | ||||||
2 | address for .... months
last past; that I am lawfully entitled | ||||||
3 | to vote in such precinct at the
.... election to be held on | ||||||
4 | ....; that I am physically incapable
of personally marking the | ||||||
5 | ballot for
such election.
| ||||||
6 | *fill in either (1), (2) or (3).
| ||||||
7 | I further state that I marked the enclosed ballot in secret | ||||||
8 | with the assistance of
| ||||||
9 | .................................
| ||||||
10 | (Individual rendering assistance)
| ||||||
11 | .................................
| ||||||
12 | (Residence Address)
| ||||||
13 | Under penalties of perjury as provided by law pursuant to | ||||||
14 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
15 | that the statements set forth
in this certification are true | ||||||
16 | and correct.
| ||||||
17 | .......................
| ||||||
18 | In the case of a voter with a physical
incapacity, marking | ||||||
19 | a ballot in secret includes marking a ballot with the
| ||||||
20 | assistance of another individual, other than a candidate
whose | ||||||
21 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
22 | parent, child, brother, or sister of the candidate),
the | ||||||
23 | voter's employer, an
agent of that employer, or an officer or | ||||||
24 | agent of the voter's union, when
the voter's physical | ||||||
25 | incapacity necessitates such assistance.
| ||||||
26 | In the case of a physically incapacitated voter, marking a |
| |||||||
| |||||||
1 | ballot in secret includes marking a ballot with the
assistance | ||||||
2 | of another individual, other than a candidate
whose name | ||||||
3 | appears on the ballot (unless the voter is the spouse or a
| ||||||
4 | parent, child, brother, or sister of the candidate), the | ||||||
5 | voter's
employer, an
agent of that employer, or an officer or | ||||||
6 | agent of the voter's union, when
the voter's physical | ||||||
7 | incapacity necessitates such assistance.
| ||||||
8 | Provided, that if the ballot enclosed is to be voted at a | ||||||
9 | primary
election, the certification shall designate the name of | ||||||
10 | the political
party with which the voter is affiliated.
| ||||||
11 | In addition to the above, the election authority shall | ||||||
12 | provide
printed slips giving full instructions regarding the | ||||||
13 | manner of marking
and returning the ballot in order that the | ||||||
14 | same may be counted, and
shall furnish one of such printed | ||||||
15 | slips to each of such applicants at
the same time the ballot is | ||||||
16 | delivered to him.
Such instructions shall include the following | ||||||
17 | statement: "In signing the
certification on the vote by mail | ||||||
18 | ballot envelope, you are attesting that you
personally marked | ||||||
19 | this vote by mail ballot in secret. If you are physically
| ||||||
20 | unable to mark the ballot, a friend or relative may assist you | ||||||
21 | after
completing the enclosed affidavit. Federal and State laws | ||||||
22 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
23 | you
are the spouse or a parent, child, brother, or sister of | ||||||
24 | the candidate), your
employer, your employer's agent or an | ||||||
25 | officer or agent of your union
from assisting voters with | ||||||
26 | physical disabilities."
|
| |||||||
| |||||||
1 | In addition to the above, if a ballot to be provided to an | ||||||
2 | elector
pursuant to this Section contains a public question | ||||||
3 | described in subsection
(b) of Section 28-6 and the territory | ||||||
4 | concerning which the question is
to be submitted is not | ||||||
5 | described on the ballot due to the space limitations
of such | ||||||
6 | ballot, the election authority shall provide a printed copy of
| ||||||
7 | a notice of the public question, which shall include a | ||||||
8 | description of the
territory in the manner required by Section | ||||||
9 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
10 | time the ballot is delivered to the
elector.
| ||||||
11 | (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
| ||||||
12 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
13 | Sec. 19-8. Time and place of counting ballots. | ||||||
14 | (a) (Blank.) | ||||||
15 | (b) Each vote by mail voter's ballot returned to an | ||||||
16 | election authority, by any means authorized by this Article, | ||||||
17 | and received by that election authority before the closing of | ||||||
18 | the polls on election day shall be endorsed by the receiving | ||||||
19 | election authority with the day and hour of receipt and may be | ||||||
20 | processed by the election authority beginning on the day it is | ||||||
21 | received by the election authority in the central ballot | ||||||
22 | counting location of the election authority, but the results of | ||||||
23 | the processing may not be counted until the day of the election | ||||||
24 | after 7:00 p.m., except as provided in subsections (g) and | ||||||
25 | (g-5).
|
| |||||||
| |||||||
1 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
2 | election authority and postmarked no later than election day, | ||||||
3 | but that is received by the election authority after the polls | ||||||
4 | close on election day and before the close of the period for | ||||||
5 | counting provisional ballots cast at that election, shall be | ||||||
6 | endorsed by the receiving authority with the day and hour of | ||||||
7 | receipt and shall be counted at the central ballot counting | ||||||
8 | location of the election authority during the period for | ||||||
9 | counting provisional ballots. | ||||||
10 | Each vote by mail voter's ballot that is mailed to an | ||||||
11 | election authority absent a postmark or a barcode usable with | ||||||
12 | an intelligent mail barcode tracking system, but that is | ||||||
13 | received by the election authority after the polls close on | ||||||
14 | election day and before the close of the period for counting | ||||||
15 | provisional ballots cast at that election, shall be endorsed by | ||||||
16 | the receiving authority with the day and hour of receipt, | ||||||
17 | opened to inspect the date inserted on the certification, and, | ||||||
18 | if the certification date is election day or earlier and the | ||||||
19 | ballot is otherwise found to be valid under the requirements of | ||||||
20 | this Section, counted at the central ballot counting location | ||||||
21 | of the election authority during the period for counting | ||||||
22 | provisional ballots. Absent a date on the certification, the | ||||||
23 | ballot shall not be counted.
| ||||||
24 | If an election authority is using an intelligent mail | ||||||
25 | barcode tracking system, a ballot that is mailed to an election | ||||||
26 | authority absent a postmark may be counted if the intelligent |
| |||||||
| |||||||
1 | mail barcode tracking system verifies the envelope was mailed | ||||||
2 | no later than election day. | ||||||
3 | (d) Special write-in vote by mail voter's blank ballots | ||||||
4 | returned to an election authority, by any means authorized by | ||||||
5 | this Article, and received by the election authority at any | ||||||
6 | time before the closing of the polls on election day shall be | ||||||
7 | endorsed by the receiving election authority with the day and | ||||||
8 | hour of receipt and shall be counted at the central ballot | ||||||
9 | counting location of the election authority during the same | ||||||
10 | period provided for counting vote by mail voters' ballots under | ||||||
11 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
12 | voter's blank ballots that are mailed to an election authority | ||||||
13 | and postmarked no later than election day, but that are | ||||||
14 | received by the election authority after the polls close on | ||||||
15 | election day and before the closing of the period for counting | ||||||
16 | provisional ballots cast at that election, shall be endorsed by | ||||||
17 | the receiving authority with the day and hour of receipt and | ||||||
18 | shall be counted at the central ballot counting location of the | ||||||
19 | election authority during the same periods provided for | ||||||
20 | counting vote by mail voters' ballots under subsection (c). | ||||||
21 | (e) Except as otherwise provided in this Section, vote by | ||||||
22 | mail voters' ballots and special write-in vote by mail voter's | ||||||
23 | blank ballots received by the election authority after the | ||||||
24 | closing of the polls on an
election day shall be endorsed by | ||||||
25 | the election authority receiving them
with the day and hour of | ||||||
26 | receipt and shall be safely kept unopened by the
election |
| |||||||
| |||||||
1 | authority for the period of time required for the preservation | ||||||
2 | of
ballots used at the election, and shall then, without being | ||||||
3 | opened, be
destroyed in like manner as the used ballots of that | ||||||
4 | election.
| ||||||
5 | (f) Counting required under this Section to begin on | ||||||
6 | election day after the closing of the polls shall commence no | ||||||
7 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
8 | panels of election judges appointed in the manner provided
by | ||||||
9 | law. The counting shall continue until all vote by mail voters' | ||||||
10 | ballots and special write-in vote by mail voter's blank ballots | ||||||
11 | required to be counted on election day have been counted.
| ||||||
12 | (g) The procedures set forth in Articles 17 and
18 and, | ||||||
13 | with respect to primaries, in Section 19-4.5 of this Code shall | ||||||
14 | apply to all ballots counted under
this Section. In addition, | ||||||
15 | within 2 days after a vote by mail ballot is received, but in | ||||||
16 | all cases before the close of the period for counting | ||||||
17 | provisional ballots, the election judge or official shall | ||||||
18 | compare the voter's signature on the certification envelope of | ||||||
19 | that vote by mail ballot with the signature of the voter on | ||||||
20 | file in the office of the election authority. If the election | ||||||
21 | judge or official determines that the 2 signatures match, and | ||||||
22 | that the vote by mail voter is otherwise qualified to cast a | ||||||
23 | vote by mail ballot, the election authority shall cast and | ||||||
24 | count the ballot on election day or the day the ballot is | ||||||
25 | determined to be valid, whichever is later, adding the results | ||||||
26 | to the precinct in which the voter is registered. If the |
| |||||||
| |||||||
1 | election judge or official determines that the signatures do | ||||||
2 | not match, or that the vote by mail voter is not qualified to | ||||||
3 | cast a vote by mail ballot, then without opening the | ||||||
4 | certification envelope, the judge or official shall mark across | ||||||
5 | the face of the certification envelope the word "Rejected" and | ||||||
6 | shall not cast or count the ballot. | ||||||
7 | In addition to the voter's signatures not matching, a vote | ||||||
8 | by mail ballot may be rejected by the election judge or | ||||||
9 | official: | ||||||
10 | (1) if the ballot envelope is open or has been opened | ||||||
11 | and resealed; | ||||||
12 | (2) if the voter has already cast an early or grace | ||||||
13 | period ballot; | ||||||
14 | (3) if the voter voted in person on election day or the | ||||||
15 | voter is not a duly registered voter in the precinct; or | ||||||
16 | (4) on any other basis set forth in this Code. | ||||||
17 | If the election judge or official determines that any of | ||||||
18 | these reasons apply, the judge or official shall mark across | ||||||
19 | the face of the certification envelope the word "Rejected" and | ||||||
20 | shall not cast or count the ballot.
| ||||||
21 | (g-5) If a vote by mail ballot is rejected by the election | ||||||
22 | judge or official for any reason, the election authority shall, | ||||||
23 | within 2 days after the rejection but in all cases before the | ||||||
24 | close of the period for counting provisional ballots, notify | ||||||
25 | the vote by mail voter that his or her ballot was rejected. The | ||||||
26 | notice shall inform the voter of the reason or reasons the |
| |||||||
| |||||||
1 | ballot was rejected and shall state that the voter may appear | ||||||
2 | before the election authority, on or before the 14th day after | ||||||
3 | the election, to show cause as to why the ballot should not be | ||||||
4 | rejected. The voter may present evidence to the election | ||||||
5 | authority supporting his or her contention that the ballot | ||||||
6 | should be counted. The election authority shall appoint a panel | ||||||
7 | of 3 election judges to review the contested ballot, | ||||||
8 | application, and certification envelope, as well as any | ||||||
9 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
10 | election judges on the reviewing panel shall be of the same | ||||||
11 | political party. The reviewing panel of election judges shall | ||||||
12 | make a final determination as to the validity of the contested | ||||||
13 | vote by mail ballot. The judges' determination shall not be | ||||||
14 | reviewable either administratively or judicially. | ||||||
15 | A vote by mail ballot subject to this subsection that is | ||||||
16 | determined to be valid shall be counted before the close of the | ||||||
17 | period for counting provisional ballots.
| ||||||
18 | (g-10) All vote by mail ballots determined to be valid | ||||||
19 | shall be added to the vote totals for the precincts for which | ||||||
20 | they were cast in the order in which the ballots were opened.
| ||||||
21 | (h) Each political party, candidate, and qualified civic | ||||||
22 | organization shall be entitled to have present one pollwatcher | ||||||
23 | for each panel of election judges therein assigned.
| ||||||
24 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| ||||||
25 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
|
| |||||||
| |||||||
1 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
2 | Illinois
Person with a Disability Identification Card in | ||||||
3 | accordance with the Illinois
Identification Card Act, | ||||||
4 | indicating that the person named thereon has a Class
1A or | ||||||
5 | Class 2 disability or any qualified voter who has a permanent | ||||||
6 | physical
incapacity of such a nature as to make it improbable | ||||||
7 | that he will be
able to be present at the polls at any future | ||||||
8 | election, or any
voter who is a resident of (i) a federally | ||||||
9 | operated veterans' home, hospital, or facility located in | ||||||
10 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
11 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
12 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
13 | the MC/DD Act and has a condition or disability of
such a | ||||||
14 | nature as to make it improbable that he will be able to be | ||||||
15 | present
at the polls at any future election, may secure a | ||||||
16 | voter's identification card for persons with disabilities or a
| ||||||
17 | nursing home resident's identification card, which will enable | ||||||
18 | him to vote
under this Article as a physically incapacitated or | ||||||
19 | nursing home voter. For the purposes of this Section, | ||||||
20 | "federally operated veterans' home, hospital, or facility" | ||||||
21 | means the long-term care facilities at the Jesse Brown VA | ||||||
22 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
23 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
24 | Lovell Federal Health Care Center.
| ||||||
25 | Application for a voter's identification card for persons | ||||||
26 | with disabilities or a nursing home resident's
identification |
| |||||||
| |||||||
1 | card shall be made either: (a) in writing, with voter's
sworn | ||||||
2 | affidavit, to the county clerk or board of election | ||||||
3 | commissioners, as
the case may be, and shall be accompanied
by | ||||||
4 | the affidavit of the attending physician, advanced practice | ||||||
5 | nurse, or a physician assistant specifically describing the
| ||||||
6 | nature of the physical incapacity or the fact that the voter is | ||||||
7 | a nursing
home resident and is physically unable to be present | ||||||
8 | at the polls on election
days; or (b) by presenting, in writing | ||||||
9 | or otherwise, to the county clerk
or board of election | ||||||
10 | commissioners, as the case may be, proof that the
applicant has | ||||||
11 | secured an Illinois Person with a Disability Identification | ||||||
12 | Card
indicating that the person named thereon has a Class 1A or | ||||||
13 | Class 2 disability.
Upon the receipt of either the sworn-to
| ||||||
14 | application and the physician's, advanced practice nurse's, or | ||||||
15 | a physician assistant's affidavit or proof that the applicant | ||||||
16 | has
secured an Illinois Person with a Disability Identification | ||||||
17 | Card indicating that the
person named thereon has a Class 1A or | ||||||
18 | Class 2 disability, the county clerk
or board of election | ||||||
19 | commissioners shall issue a voter's identification card for | ||||||
20 | persons with disabilities or a
nursing home resident's | ||||||
21 | identification
card. Such identification cards shall be issued | ||||||
22 | for a
period of 5 years, upon the expiration of which time the | ||||||
23 | voter may
secure a new card by making application in the same | ||||||
24 | manner as is
prescribed for the issuance of an original card, | ||||||
25 | accompanied by a new
affidavit of the attending physician, | ||||||
26 | advanced practice nurse, or a physician assistant. The date of |
| |||||||
| |||||||
1 | expiration of such
five-year period shall be made known to any | ||||||
2 | interested person by the
election authority upon the request of | ||||||
3 | such person. Applications for the
renewal of the identification | ||||||
4 | cards shall be mailed to the voters holding
such cards not less | ||||||
5 | than 3 months prior to the date of expiration of the cards.
| ||||||
6 | Each voter's identification card for persons with | ||||||
7 | disabilities or nursing home resident's identification card
| ||||||
8 | shall bear an identification number, which shall be clearly | ||||||
9 | noted on the voter's
original and duplicate registration record | ||||||
10 | cards. In the event the
holder becomes physically capable of | ||||||
11 | resuming normal voting, he must
surrender his voter's | ||||||
12 | identification card for persons with disabilities or nursing | ||||||
13 | home resident's identification
card to the county clerk or | ||||||
14 | board of election commissioners before the next election.
| ||||||
15 | The holder of a voter's identification card for persons | ||||||
16 | with disabilities or a nursing home resident's
identification | ||||||
17 | card may make application by mail for an official ballot
within | ||||||
18 | the time prescribed by Section 19-2. Such application shall | ||||||
19 | contain
the same information as is
included in the form of | ||||||
20 | application for ballot by a physically
incapacitated elector | ||||||
21 | prescribed in Section 19-3 except that it shall
also include | ||||||
22 | the applicant's voter's identification card for persons with | ||||||
23 | disabilities card number
and except that it need not be sworn | ||||||
24 | to. If an examination of the records
discloses that the | ||||||
25 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
26 | ballot or ballots as provided in Section 19-4 and, if |
| |||||||
| |||||||
1 | applicable, Section 19-4.5 . The ballot envelope shall
be the | ||||||
2 | same as that prescribed in Section 19-5 for voters with | ||||||
3 | physical disabilities, and the manner of voting and returning | ||||||
4 | the ballot shall be the
same as that provided in this Article | ||||||
5 | for other vote by mail ballots, except
that a statement to be | ||||||
6 | subscribed to by the voter but which need not be
sworn to shall | ||||||
7 | be placed on the ballot envelope in lieu of the affidavit
| ||||||
8 | prescribed by Section 19-5.
| ||||||
9 | Any person who knowingly subscribes to a false statement in
| ||||||
10 | connection with voting under this Section shall be guilty of a | ||||||
11 | Class A
misdemeanor.
| ||||||
12 | For the purposes of this Section, "nursing home resident" | ||||||
13 | includes a resident of (i) a federally operated veterans' home, | ||||||
14 | hospital, or facility located in Illinois or (ii) a facility | ||||||
15 | licensed under the ID/DD Community Care Act, the MC/DD Act, or | ||||||
16 | the Specialized Mental Health Rehabilitation Act of 2013. For | ||||||
17 | the purposes of this Section, "federally operated veterans' | ||||||
18 | home, hospital, or facility" means the long-term care | ||||||
19 | facilities at the Jesse Brown VA Medical Center, Illiana Health | ||||||
20 | Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical | ||||||
21 | Center, and Captain James A. Lovell Federal Health Care Center. | ||||||
22 | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||||||
23 | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-581, eff. | ||||||
24 | 1-1-17; 99-642, eff. 6-28-16 .)
| ||||||
25 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
|
| |||||||
| |||||||
1 | Sec. 20-3.
The election authority shall furnish the | ||||||
2 | following
applications for registration by mail or vote by mail | ||||||
3 | ballot which shall be
considered a method of application in | ||||||
4 | lieu of the official postcard.
| ||||||
5 | 1. Members of the United States Service, citizens of the | ||||||
6 | United
States temporarily residing outside the territorial | ||||||
7 | limits of the United
States, and certified program participants | ||||||
8 | under the Address Confidentiality
for Victims of Domestic | ||||||
9 | Violence Act may make application within the periods
prescribed | ||||||
10 | in Sections
20-2 or 20-2.1, as the case may be. Such | ||||||
11 | application shall be
substantially in the following form:
| ||||||
12 | "APPLICATION FOR BALLOT
| ||||||
13 | To be voted at the ............ election in the precinct in | ||||||
14 | which is
located my residence at ..............., in the | ||||||
15 | city/village/township of
............(insert home address) | ||||||
16 | County of ........... and State of
Illinois.
| ||||||
17 | I state that I am a citizen of the United States; that on | ||||||
18 | (insert
date of election) I shall have resided in the State of | ||||||
19 | Illinois and in
the election precinct for 30 days; that on the | ||||||
20 | above date I shall be the
age of 18 years or above; that I am | ||||||
21 | lawfully entitled to vote in such
precinct at that election; | ||||||
22 | that I am (check category 1, 2, or 3
below):
| ||||||
23 | 1. ( ) a member of the United States Service,
| ||||||
24 | 2. ( ) a citizen of the United States temporarily residing | ||||||
25 | outside
the territorial limits of the United States and that I | ||||||
26 | expect to be
absent from the said county of my residence on the |
| |||||||
| |||||||
1 | date of holding such
election, and that I will have no | ||||||
2 | opportunity to vote in person on that
day.
| ||||||
3 | 3. ( ) a certified program participant under the Address
| ||||||
4 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
5 | I hereby make application for an official ballot or ballots | ||||||
6 | to be
voted by me at such election if I am absent from the said | ||||||
7 | county of my
residence, and I agree that I shall return said | ||||||
8 | ballot or ballots to the
election authority postmarked no later | ||||||
9 | than election day, for counting no later than during the period | ||||||
10 | for counting provisional ballots, the last day of which is the | ||||||
11 | 14th day following election day or shall destroy said ballot or | ||||||
12 | ballots.
| ||||||
13 | (Check below only if category 2 or 3 and not previously | ||||||
14 | registered)
| ||||||
15 | ( ) I hereby make application to become registered as a | ||||||
16 | voter and
agree to return the forms and affidavits for | ||||||
17 | registration to the
election authority not later than 30 days | ||||||
18 | before the election.
| ||||||
19 | Under penalties as provided by law pursuant to Article 29 | ||||||
20 | of the
Election Code, the undersigned certifies that the | ||||||
21 | statements set forth
in this application are true and correct.
| ||||||
22 | .........................
| ||||||
23 | Post office address or service address to which | ||||||
24 | registration
materials or ballot should be mailed
| ||||||
25 | .........................
| ||||||
26 | .........................
|
| |||||||
| |||||||
1 | .........................
| ||||||
2 | ........................"
| ||||||
3 | If application is made for a primary election ballot, such
| ||||||
4 | application shall designate the name of the political party | ||||||
5 | with which
the applicant is affiliated.
| ||||||
6 | Such applications may be obtained from the election | ||||||
7 | authority having
jurisdiction over the person's precinct of | ||||||
8 | residence.
| ||||||
9 | 2. A spouse or dependent of a member of the United States | ||||||
10 | Service,
said spouse or dependent being a registered voter in | ||||||
11 | the county, may
make application on behalf of said person in | ||||||
12 | the office of the election
authority within the periods | ||||||
13 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
14 | following form:
| ||||||
15 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
16 | in
the precinct in which is located the residence of the person | ||||||
17 | for whom
this application is made at.............(insert | ||||||
18 | residence address) in
the city/village/township of......... | ||||||
19 | County of.......... and State
of Illinois.
| ||||||
20 | I certify that the following named person................ | ||||||
21 | (insert
name of person) is a member of the United States | ||||||
22 | Service.
| ||||||
23 | I state that said person is a citizen of the United States; | ||||||
24 | that on
(insert date of election) said person shall have | ||||||
25 | resided in the State of
Illinois and in the election precinct | ||||||
26 | for which this application is made
for 30 days; that on the |
| |||||||
| |||||||
1 | above date said person shall be the age of 18
years or above; | ||||||
2 | that said person is lawfully entitled to vote in such
precinct | ||||||
3 | at that election; that said person is a member of the United
| ||||||
4 | States Service, and that in the course of his duties said | ||||||
5 | person expects
to be absent from his county of residence on the | ||||||
6 | date of holding such
election, and that said person will have | ||||||
7 | no opportunity to vote in
person on that day.
| ||||||
8 | I hereby make application for an official ballot or ballots | ||||||
9 | to be
voted by said person at such election and said person | ||||||
10 | agrees that he
shall return said ballot or ballots to the | ||||||
11 | election authority postmarked no later than election day, for | ||||||
12 | counting no later than during the period for counting | ||||||
13 | provisional ballots, the last day of which is the 14th day | ||||||
14 | following election day, or shall destroy
said ballot or | ||||||
15 | ballots.
| ||||||
16 | I hereby certify that I am the (mother, father, sister, | ||||||
17 | brother,
husband or wife) of the said elector, and that I am a | ||||||
18 | registered voter
in the election precinct for which this | ||||||
19 | application is made. (Strike all
but one that is applicable.)
| ||||||
20 | Under penalties as provided by law pursuant to Article 29 | ||||||
21 | of The
Election Code, the undersigned certifies that the | ||||||
22 | statements set forth
in this application are true and correct.
| ||||||
23 | Name of applicant ......................
| ||||||
24 | Residence address ........................
| ||||||
25 | City/village/township........................
| ||||||
26 | Service address to which ballot should be mailed:
|
| |||||||
| |||||||
1 | .........................
| ||||||
2 | .........................
| ||||||
3 | .........................
| ||||||
4 | ........................"
| ||||||
5 | If application is made for a primary election ballot, such
| ||||||
6 | application shall designate the name of the political party | ||||||
7 | with which
the person for whom application is made is | ||||||
8 | affiliated.
| ||||||
9 | Such applications may be obtained from the election | ||||||
10 | authority having
jurisdiction over the voting precinct in which | ||||||
11 | the person for whom
application is made is entitled to vote.
| ||||||
12 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16 .)
| ||||||
13 | (10 ILCS 5/20-4.5 new)
| ||||||
14 | Sec. 20-4.5. Primary ballots. | ||||||
15 | (a) A person entitled to vote by absentee ballot at a | ||||||
16 | primary shall not be required to declare his or her political | ||||||
17 | party affiliation and shall be provided with the ballots of all | ||||||
18 | established political parties nominating candidates for | ||||||
19 | offices for which the absentee voter is entitled to vote at | ||||||
20 | that primary. That absentee voter may mark, cast, and have | ||||||
21 | counted the primary ballot of only one established political | ||||||
22 | party, except that he or she may mark, cost, and have counted | ||||||
23 | the primary ballots of a statewide established political party | ||||||
24 | and a local political party established only within a political | ||||||
25 | subdivision as provided in subsection (b) of Section 7-44. |
| |||||||
| |||||||
1 | (b) With respect to the marking, casting, and counting of | ||||||
2 | primary ballots, absentee voting shall be conducted in | ||||||
3 | accordance with Sections 7-43 and 7-44 of this Code as well as | ||||||
4 | the provisions of this Article. | ||||||
5 | (c) When voting absentee at a primary, the voter shall be | ||||||
6 | instructed to discard or otherwise destroy any ballots of | ||||||
7 | political parties that the voter does not intend to cast. Such | ||||||
8 | a discarded or destroyed ballot or ballots is not the ballot or | ||||||
9 | ballots the voter agreed in the absentee ballot application to | ||||||
10 | return to the election authority. | ||||||
11 | If a voter subject to this subsection returns to the | ||||||
12 | election authority the ballot of more than one established | ||||||
13 | political party, the judges of election shall determine which | ||||||
14 | votes to count as provided in subsection (b) of Section 7-44.
| ||||||
15 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| ||||||
16 | Sec. 20-5.
The election authority shall fold the ballot or | ||||||
17 | ballots in
the manner specified by the statute for folding | ||||||
18 | ballots prior to their
deposit in the ballot box and shall | ||||||
19 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
20 | it, which envelope shall bear upon the face
thereof the name, | ||||||
21 | official title and post office address of the election
| ||||||
22 | authority, and upon the other side of such envelope there shall | ||||||
23 | be
printed a certification in substantially the following form:
| ||||||
24 | "CERTIFICATION
| ||||||
25 | I state that I am a resident/former resident of the ....... |
| |||||||
| |||||||
1 | precinct of
the city/village/township of ............, | ||||||
2 | (Designation to be made by
Election Authority) or of the .... | ||||||
3 | ward in the city of ...........
(Designation to be made by | ||||||
4 | Election Authority) residing at ................
in said | ||||||
5 | city/village/township in the county of ........... and State of
| ||||||
6 | Illinois; that I am a
| ||||||
7 | 1. ( ) member of the United States Service
| ||||||
8 | 2. ( ) citizen of the United States temporarily residing | ||||||
9 | outside the
territorial limits of the United States
| ||||||
10 | 3. ( ) nonresident civilian citizen
| ||||||
11 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
12 | of the The Election
Code; that I am lawfully entitled to vote | ||||||
13 | in such precinct at the ...........
election to be held on | ||||||
14 | ............
| ||||||
15 | I further state that I marked the enclosed ballot in | ||||||
16 | secret.
| ||||||
17 | Under penalties as provided by law pursuant to Article 29 | ||||||
18 | of the The
Election Code, the undersigned certifies that the | ||||||
19 | statements set forth
in this certification are true and | ||||||
20 | correct.
| ||||||
21 | ...............(Name)
| ||||||
22 | .....................
| ||||||
23 | (Service Address) "
| ||||||
24 | .....................
| ||||||
25 | .....................
| ||||||
26 | ..................... "
|
| |||||||
| |||||||
1 | If the ballot enclosed is to be voted at a primary | ||||||
2 | election, the
certification shall designate the name of the | ||||||
3 | political party with which
the voter is affiliated.
| ||||||
4 | In addition to the above, the election authority shall | ||||||
5 | provide
printed slips giving full instructions regarding the | ||||||
6 | manner of completing
the forms and affidavits for registration | ||||||
7 | by mail or the manner of marking
and returning the ballot in | ||||||
8 | order that the same may be counted, and
shall furnish one of | ||||||
9 | the printed slips to each of the applicants at the
same time | ||||||
10 | the registration materials or ballot is delivered to him.
| ||||||
11 | In addition to the above, if a ballot to be provided to an | ||||||
12 | elector
pursuant to this Section contains a public question | ||||||
13 | described in subsection
(b) of Section 28-6 and the territory | ||||||
14 | concerning which the question is
to be submitted is not | ||||||
15 | described on the ballot due to the space limitations
of such | ||||||
16 | ballot, the election authority shall provide a printed copy of
| ||||||
17 | a notice of the public question, which shall include a | ||||||
18 | description of the
territory in the manner required by Section | ||||||
19 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
20 | time the ballot
is delivered to the elector.
| ||||||
21 | The envelope in which such registration or such ballot is | ||||||
22 | mailed to the
voter as well as the envelope in which the | ||||||
23 | registration materials or the
ballot is returned by the voter | ||||||
24 | shall have
printed across the face thereof two parallel | ||||||
25 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
26 | one side of the envelope to the
other side, with an intervening |
| |||||||
| |||||||
1 | space of one-quarter inch, the top bar
to be one and | ||||||
2 | one-quarter inches from the top of the envelope, and with
the | ||||||
3 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
4 | between the
bars. In the upper right corner of such envelope in | ||||||
5 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
6 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
7 | in red, including an appropriate
inscription or blank in the | ||||||
8 | upper left corner of return address of sender.
| ||||||
9 | The envelope in which the ballot is returned to the | ||||||
10 | election authority may be delivered (i) by mail, postage paid, | ||||||
11 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
12 | sister of the voter, or (iii) by a company engaged in the | ||||||
13 | business of making deliveries of property and licensed as a | ||||||
14 | motor carrier of property by the Illinois Commerce Commission | ||||||
15 | under the Illinois Commercial Transportation Law. | ||||||
16 | Election authorities transmitting ballots by facsimile or | ||||||
17 | electronic transmission shall, to the extent possible, provide | ||||||
18 | those applicants with the same instructions, certification, | ||||||
19 | and other materials required when sending by mail. | ||||||
20 | (Source: P.A. 98-1171, eff. 6-1-15; revised 10-25-16.)
| ||||||
21 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
22 | Sec. 20-8. Time and place of counting ballots. | ||||||
23 | (a) (Blank.) | ||||||
24 | (b) Each vote by mail voter's ballot returned to an | ||||||
25 | election authority, by any means authorized by this Article, |
| |||||||
| |||||||
1 | and received by that election authority may be processed by the | ||||||
2 | election authority beginning on the day it is received by the | ||||||
3 | election authority in the central ballot counting location of | ||||||
4 | the election authority, but the results of the processing may | ||||||
5 | not be counted until the day of the election after 7:00 p.m., | ||||||
6 | except as provided in subsections (g) and (g-5).
| ||||||
7 | (c) Each vote by mail voter's ballot that is mailed to an | ||||||
8 | election authority and postmarked no later than election day, | ||||||
9 | but that is received by the election authority after the polls | ||||||
10 | close on election day and before the close of the period for | ||||||
11 | counting provisional ballots cast at that election, shall be | ||||||
12 | endorsed by the receiving authority with the day and hour of | ||||||
13 | receipt and shall be counted at the central ballot counting | ||||||
14 | location of the election authority during the period for | ||||||
15 | counting provisional ballots. | ||||||
16 | Each vote by mail voter's ballot that is mailed to an | ||||||
17 | election authority absent a postmark or a barcode usable with | ||||||
18 | an intelligent mail barcode tracking system, but that is | ||||||
19 | received by the election authority after the polls close on | ||||||
20 | election day and before the close of the period for counting | ||||||
21 | provisional ballots cast at that election, shall be endorsed by | ||||||
22 | the receiving authority with the day and hour of receipt, | ||||||
23 | opened to inspect the date inserted on the certification, and, | ||||||
24 | if the certification date is election day or earlier and the | ||||||
25 | ballot is otherwise found to be valid under the requirements of | ||||||
26 | this Section, counted at the central ballot counting location |
| |||||||
| |||||||
1 | of the election authority during the period for counting | ||||||
2 | provisional ballots. Absent a date on the certification, the | ||||||
3 | ballot shall not be counted.
| ||||||
4 | If an election authority is using an intelligent mail | ||||||
5 | barcode tracking system, a ballot that is mailed to an election | ||||||
6 | authority absent a postmark may be counted if the intelligent | ||||||
7 | mail barcode tracking system verifies the envelope was mailed | ||||||
8 | no later than election day. | ||||||
9 | (d) Special write-in vote by mail voter's blank ballots | ||||||
10 | returned to an election authority, by any means authorized by | ||||||
11 | this Article, and received by the election authority at any | ||||||
12 | time before the closing of the polls on election day shall be | ||||||
13 | endorsed by the receiving election authority with the day and | ||||||
14 | hour of receipt and shall be counted at the central ballot | ||||||
15 | counting location of the election authority during the same | ||||||
16 | period provided for counting vote by mail voters' ballots under | ||||||
17 | subsections (b), (g), and (g-5). Special write-in vote by mail | ||||||
18 | voter's blank ballot that are mailed to an election authority | ||||||
19 | and postmarked no later than election day, but that are | ||||||
20 | received by the election authority after the polls close on | ||||||
21 | election day and before the closing of the period for counting | ||||||
22 | provisional ballots cast at that election, shall be endorsed by | ||||||
23 | the receiving authority with the day and hour of receipt and | ||||||
24 | shall be counted at the central ballot counting location of the | ||||||
25 | election authority during the same periods provided for | ||||||
26 | counting vote by mail voters' ballots under subsection (c).
|
| |||||||
| |||||||
1 | (e) Except as otherwise provided in this Section, vote by | ||||||
2 | mail voters' ballots and special write-in vote by mail voter's | ||||||
3 | blank ballots received by the election authority after the | ||||||
4 | closing of the polls on the day of election shall be
endorsed | ||||||
5 | by the person receiving the ballots with the day and hour of
| ||||||
6 | receipt and shall be safely kept unopened by the election | ||||||
7 | authority for
the period of time required for the preservation | ||||||
8 | of ballots used at the
election, and shall then, without being | ||||||
9 | opened, be destroyed in like
manner as the used ballots of that | ||||||
10 | election.
| ||||||
11 | (f) Counting required under this Section to begin on | ||||||
12 | election day after the closing of the polls shall commence no | ||||||
13 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
14 | panels of election judges appointed in the manner provided
by | ||||||
15 | law. The counting shall continue until all vote by mail voters' | ||||||
16 | ballots and special write-in vote by mail voter's blank ballots | ||||||
17 | required to be counted on election day have been counted.
| ||||||
18 | (g) The procedures set forth in Articles 17 and
18 and, | ||||||
19 | with respect to primaries, in Section 20-4.5 of this Code shall | ||||||
20 | apply to all ballots counted under
this Section. In addition, | ||||||
21 | within 2 days after a ballot subject to this Article is | ||||||
22 | received, but in all cases before the close of the period for | ||||||
23 | counting provisional ballots, the election judge or official | ||||||
24 | shall compare the voter's signature on the certification | ||||||
25 | envelope of that ballot with the signature of the voter on file | ||||||
26 | in the office of the election authority. If the election judge |
| |||||||
| |||||||
1 | or official determines that the 2 signatures match, and that | ||||||
2 | the voter is otherwise qualified to cast a ballot under this | ||||||
3 | Article, the election authority shall cast and count the ballot | ||||||
4 | on election day or the day the ballot is determined to be | ||||||
5 | valid, whichever is later, adding the results to the precinct | ||||||
6 | in which the voter is registered. If the election judge or | ||||||
7 | official determines that the signatures do not match, or that | ||||||
8 | the voter is not qualified to cast a ballot under this Article, | ||||||
9 | then without opening the certification envelope, the judge or | ||||||
10 | official shall mark across the face of the certification | ||||||
11 | envelope the word "Rejected" and shall not cast or count the | ||||||
12 | ballot. | ||||||
13 | In addition to the voter's signatures not matching, a | ||||||
14 | ballot subject to this Article may be rejected by the election | ||||||
15 | judge or official: | ||||||
16 | (1) if the ballot envelope is open or has been opened | ||||||
17 | and resealed; | ||||||
18 | (2) if the voter has already cast an early or grace | ||||||
19 | period ballot; | ||||||
20 | (3) if the voter voted in person on election day or the | ||||||
21 | voter is not a duly registered voter in the precinct; or | ||||||
22 | (4) on any other basis set forth in this Code. | ||||||
23 | If the election judge or official determines that any of | ||||||
24 | these reasons apply, the judge or official shall mark across | ||||||
25 | the face of the certification envelope the word "Rejected" and | ||||||
26 | shall not cast or count the ballot. |
| |||||||
| |||||||
1 | (g-5) If a ballot subject to this Article is rejected by | ||||||
2 | the election judge or official for any reason, the election | ||||||
3 | authority shall, within 2 days after the rejection but in all | ||||||
4 | cases before the close of the period for counting provisional | ||||||
5 | ballots, notify the voter that his or her ballot was rejected. | ||||||
6 | The notice shall inform the voter of the reason or reasons the | ||||||
7 | ballot was rejected and shall state that the voter may appear | ||||||
8 | before the election authority, on or before the 14th day after | ||||||
9 | the election, to show cause as to why the ballot should not be | ||||||
10 | rejected. The voter may present evidence to the election | ||||||
11 | authority supporting his or her contention that the ballot | ||||||
12 | should be counted. The election authority shall appoint a panel | ||||||
13 | of 3 election judges to review the contested ballot, | ||||||
14 | application, and certification envelope, as well as any | ||||||
15 | evidence submitted by the vote by mail voter. No more than 2 | ||||||
16 | election judges on the reviewing panel shall be of the same | ||||||
17 | political party. The reviewing panel of election judges shall | ||||||
18 | make a final determination as to the validity of the contested | ||||||
19 | ballot. The judges' determination shall not be reviewable | ||||||
20 | either administratively or judicially. | ||||||
21 | A ballot subject to this subsection that is determined to | ||||||
22 | be valid shall be counted before the close of the period for | ||||||
23 | counting provisional ballots. | ||||||
24 | (g-10) All ballots determined to be valid shall be added to | ||||||
25 | the vote totals for the precincts for which they were cast in | ||||||
26 | the order in which the ballots were opened.
|
| |||||||
| |||||||
1 | (h) Each political party,
candidate, and qualified civic | ||||||
2 | organization shall be entitled to have
present one pollwatcher | ||||||
3 | for each panel of election judges therein assigned.
| ||||||
4 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
| ||||||
5 | (10 ILCS 5/19-2.1 rep.) | ||||||
6 | Section 10. The Election Code is amended by repealing | ||||||
7 | Section 19-2.1. | ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law. |