093_HB0128eng

 
HB0128 Engrossed                     LRB093 02181 JAM 02188 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 19-1, 19-2, 19-3, and 19-5 as follows:

 6        (10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
 7        Sec.  19-1.   Any  qualified  elector  of  the  State  of
 8    Illinois  having duly registered where such  registration  is
 9    required who is of the age of 65 or more years or who expects
10    to  be  absent  from  the  county  in which he is a qualified
11    elector or who because of being appointed a judge of election
12    in a precinct other than the precinct in which he resides  or
13    who  because  of  physical  incapacity  or  the tenets of his
14    religion in the observance of  a  religious  holiday  or  who
15    because  of  election  duties  for  the office of an Election
16    Authority or the State Board of Elections or who  because  of
17    election  duties  for a law enforcement agency, including but
18    not limited to the offices of the Attorney General, a State's
19    Attorney, a United States Attorney, or a  State,  county,  or
20    municipal   police   department,   or   who,  because  he  is
21    temporarily abiding outside  the  precinct  in  which  he  is
22    registered  to vote due to the fact he is a student attending
23    an institution of higher education or who  is  serving  as  a
24    sequestered  juror on a State or federal jury, will be unable
25    to be present at the polls on the day of holding any special,
26    general  or  primary  election  at  which  any   presidential
27    preference  is  indicated  or  any  candidates  are chosen or
28    elected, for  any  congressional,  State,  district,  county,
29    town, city, village, precinct or judicial offices or at which
30    questions  of  public  policy are submitted, may vote at such
31    election as hereinafter in this Article provided.
 
HB0128 Engrossed            -2-      LRB093 02181 JAM 02188 b
 1        Each Election Authority, law enforcement agency, and  the
 2    State  Board  of  Elections  shall compile and keep current a
 3    list of his or its officers or employees who are eligible  to
 4    vote under this Article by reason of election duties.
 5        For   purposes   of   this   Article   19,  a  physically
 6    incapacitated voter marks his or her ballot "personally" when
 7    the voter exercises his or her physical  abilities  to  their
 8    reasonable   limit   in   marking  the  ballot,  and  marking
 9    personally may include instructing the person  assisting  the
10    incapacitated  voter  when giving such instruction represents
11    the reasonable limit of the physical abilities.
12    (Source: P.A. 86-873; 86-875; 86-1028.)

13        (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
14        Sec. 19-2.   Any elector as defined in Section  19-1  who
15    is of the age of 65 or older or who is expecting to be absent
16    from  the  county  of  his  residence or any such elector who
17    because of being appointed a judge of election in a  precinct
18    other than the precinct in which he resides or who because of
19    physical  incapacity  or  the  tenets  of his religion in the
20    observance of a religious holiday or who because of  election
21    duties  for  the  office  of an Election Authority, the State
22    Board of Elections, or  a  law  enforcement  agency  will  be
23    unable to be present at the polls on the day of such election
24    may  by  mail, not more than 40 nor less than 5 days prior to
25    the date of such election, or by personal delivery  not  more
26    than  40  nor  less  than  one  day prior to the date of such
27    election, make application to the  county  clerk  or  to  the
28    Board  of  Election  Commissioners for an official ballot for
29    the voter's precinct to be voted at such election.
30    (Source: P.A. 84-808.)

31        (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
32        Sec. 19-3.  Application for such ballot shall be made  on
 
HB0128 Engrossed            -3-      LRB093 02181 JAM 02188 b
 1    blanks   to  be  furnished  by  the  election  authority  and
 2    duplication of such application  for  ballot  is  prohibited,
 3    except by the election authority.  The application for ballot
 4    shall be substantially in the following form:
 5                       APPLICATION FOR BALLOT
 6                    BY ELECTOR WHO EXPECTS TO BE
 7                         ABSENT FROM COUNTY
 8        To  be  voted  at the .... election in the County of ....
 9    and State of Illinois,  in  the  ....  precinct  of  the  (1)
10    *township  of .... (2) *City of .... or (3) *.... ward in the
11    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
16    such  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  ....;  that I expect to be absent from the
19    county of my residence on the date of holding such  election,
20    and that I will have no opportunity to vote in person on that
21    day.
22        I  hereby  make  application  for  an  official ballot or
23    ballots to be voted by me at such election  if  I  am  absent
24    from  the  county  of  my residence, and I agree that I shall
25    return such ballot or ballots to  the  official  issuing  the
26    same  prior  to  the  closing of the polls on the date of the
27    election.
28        Under penalties as provided by law  pursuant  to  Section
29    29-10  of  The  Election Code, the undersigned certifies that
30    the statements set forth in this  application  are  true  and
31    correct.
32                                ....
33                  *fill in either (1), (2) or (3).
34           Post office address to which ballot is mailed:
 
HB0128 Engrossed            -4-      LRB093 02181 JAM 02188 b
 1    .............................................................
 2        However,  if  application  is made for a primary election
 3    ballot, such application shall  designate  the  name  of  the
 4    political party with which the applicant is affiliated.
 5                       APPLICATION FOR BALLOT
 6                 BY ELECTOR WHO IS JUDGE OF ELECTION
 7                IN A PRECINCT OTHER THAN THE PRECINCT
 8                         IN WHICH HE RESIDES
 9        To  be  voted  at the .... election in the County of ....
10    and State of Illinois,  in  the  ....  precinct  of  the  (1)
11    *township  of .... (2) *City of .... or (3) *.... ward in the
12    City of ....
13        I state that I am affiliated with the .... party  (to  be
14    used  in  primary  elections) and that I am a resident of the
15    .... precinct of the (1) *township of .... (2) *City of  ....
16    or  (3)  *....  ward  in the city of .... residing at .... in
17    such city or  town  in  the  county  of  ....  and  State  of
18    Illinois; that I have lived at such address for .... month(s)
19    last  past;  that  I  am  lawfully  entitled  to vote in such
20    precinct at the .... election to be  held  therein  on  ....;
21    that  I  am  a  judge of election in .... precinct or the (1)
22    *.... ward in the city of .... or (2) *township  of  ....  or
23    (3)  *city,  village  or  incorporated  town  of .... in such
24    county and that I will  have  no  opportunity  of  voting  in
25    person on that day:
26        I  hereby  make  application  for  an  official ballot or
27    ballots to be voted by me at such election if I  serve  as  a
28    judge  of  election  in such last named precinct, and I agree
29    that I shall return such ballot or ballots  to  the  official
30    issuing  the  same  prior  to the closing of the polls on the
31    date of the election.
32        Under penalties as provided by law  pursuant  to  Section
33    29-10  of  The  Election Code, the undersigned certifies that
34    the statements set forth in this  application  are  true  and
 
HB0128 Engrossed            -5-      LRB093 02181 JAM 02188 b
 1    correct.
 2                                ....
 3                  *fill in either (1), (2) or (3).
 4           Post office address to which ballot is mailed:
 5                                ....
 6                       APPLICATION FOR BALLOT
 7                 BY PHYSICALLY INCAPACITATED ELECTOR
 8        To  be  voted  at the .... election in the County of ....
 9    and State of Illinois,  in  the  ....  precinct  of  the  (1)
10    *township  of .... (2) *City of .... or (3) *.... ward in the
11    City of ....
12        I state that I am affiliated with the .... party  (to  be
13    used  in  primary  elections) and that I am a resident of the
14    .... precinct of the (1) *township of .... (2) *City of  ....
15    or  (3)  *....  ward  in the city of .... residing at .... in
16    such city or  town  in  the  county  of  ....  and  State  of
17    Illinois; that I have lived at such address for .... month(s)
18    last  past;  that  I  am  lawfully  entitled  to vote in such
19    precinct at the .... election to be  held  therein  on  ....;
20    that  I shall be physically incapable of being present at the
21    polls of such precinct on the date of holding  such  election
22    for the following reasons:
23        I  hereby  make  application  for  an  official ballot or
24    ballots to be voted by  me  at  such  election  if  I  am  so
25    physically  incapacitated,  and  I  agree that I shall return
26    such ballot or ballots to the official issuing the same prior
27    to the closing of the polls on the date of election.
28        Under penalties as provided by law  pursuant  to  Section
29    29-10  of  The  Election Code, the undersigned certifies that
30    the statements set forth in this  application  are  true  and
31    correct.
32                                ....
33                  *fill in either (1), (2) or (3).
34           Post office address to which ballot is mailed:
 
HB0128 Engrossed            -6-      LRB093 02181 JAM 02188 b
 1    .............................................................
 2                       APPLICATION FOR BALLOT
 3                  BY ELECTOR 65 YEARS OLD OR OLDER
 4        To  be  voted  at the .... election in the County of ....
 5    and State of Illinois,  in  the  ....  precinct  of  the  (1)
 6    *township  of .... (2) *City of .... or (3) *.... ward in the
 7    City of ....
 8        I state that I am affiliated with the .... party  (to  be
 9    used  in  primary  elections) and that I am a resident of the
10    .... precinct of the (1) *township of .... (2) *City of  ....
11    or  (3)  *....  ward  in the city of .... residing at .... in
12    such city or  town  in  the  county  of  ....  and  State  of
13    Illinois; that I have lived at such address for .... month(s)
14    last  past;  that  I  am  lawfully  entitled  to vote in such
15    precinct at the .... election to be  held  therein  on  ....;
16    that  I am (or will be on the date of said election) 65 years
17    old or older.
18        I hereby make  application  for  an  official  ballot  or
19    ballots  to  be voted by me at such election because I am (or
20    will be on the date of said election) 65 years old or  older,
21    and I agree that I shall return such ballot or ballots to the
22    official  issuing  the same prior to the closing of the polls
23    on the date of election.
24        Under penalties as provided by law  pursuant  to  Section
25    29-10  of  the  Election Code, the undersigned certifies that
26    the statements set forth in this  application  are  true  and
27    correct.
28                                ....
29                  *fill in either (1), (2), or (3).
30           Post office address to which ballot is mailed:
31    .............................................................
32                       APPLICATION FOR BALLOT
33               BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
34        To  be  voted  at the .... election in the county of ....
 
HB0128 Engrossed            -7-      LRB093 02181 JAM 02188 b
 1    State of Illinois, in the .... precinct (1) *township of ....
 2    (2) *City of .... or (3) *.... ward in the City of ....
 3        I state that I am affiliated with the .... party  (to  be
 4    used  in  primary  elections) and that I am a resident of the
 5    .... precinct of the (1) *township of .... (2) *City of  ....
 6    or  (3)  *....  ward  in the city of .... residing at .... in
 7    such city or  town  in  the  county  of  ....  and  State  of
 8    Illinois; that I have lived at such address for .... month(s)
 9    past, that I am lawfully entitled to vote in such precinct at
10    the .... election to be held therein on ....; that I shall be
11    unable  to  be  present  at the polls of such precinct on the
12    date of holding such election because of  the  tenets  of  my
13    religion in the observance of a religious holiday.
14        I  hereby  make  application  for  an  official ballot or
15    ballots to be voted by me at such election if I am so  unable
16    to  be  present  at the polls of such precinct on the date of
17    the election because of the tenets  of  my  religion  in  the
18    observance  of  a religious holiday, and I agree that I shall
19    return the ballot or ballots to the official issuing the same
20    prior to the  closing  of  the  polls  on  the  date  of  the
21    election.
22        Under  penalties  as  provided by law pursuant to Section
23    29-10 of The Election Code, the  undersigned  certifies  that
24    the  statements  set  forth  in this application are true and
25    correct.
26                                ....
27                  *fill in either (1), (2) or (3).
28           Post office address to which ballot is mailed:
29    .............................................................
30                       APPLICATION FOR BALLOT
31               BY ELECTOR WHO IS AN ELECTION EMPLOYEE
32                OF STATE'S ATTORNEY, COUNTY CLERK OR
33                   BOARD OF ELECTION COMMISSIONERS
34        To be voted at the .... election in the  County  of  ....
 
HB0128 Engrossed            -8-      LRB093 02181 JAM 02188 b
 1    and  State  of  Illinois,  in  the  ....  precinct of the (1)
 2    *township of .... (2) *City of .... or (3) *.... ward in  the
 3    City of ....
 4        I  state that I am a resident of the .... precinct of the
 5    (1) *township of .... (2) *City of .... or (3) *.... ward  in
 6    the city of .... residing at .... in such city or town in the
 7    county  of  ....  and State of Illinois; that I have lived at
 8    such address for .... month(s) last past; that I am  lawfully
 9    entitled  to vote in such precinct at the .... election to be
10    held therein on ....; that I am employed in the office of the
11    (State's Attorney of  ....  County)  (County  Clerk  of  ....
12    County)  (Board  of  Election  Commissioners  of  the  (City)
13    (County)  of  .... and that because of election duties on the
14    date of holding such election I will have no  opportunity  to
15    vote in person on that day.
16        I  hereby  make  application  for  an  official ballot or
17    ballots to be voted by me at such election, and I agree  that
18    I shall return such ballot or ballots to the official issuing
19    the same prior to the closing of the polls on the date of the
20    election.
21        Under  penalties  as  provided by law pursuant to Section
22    29-10 of The Election Code, the  undersigned  certifies  that
23    the  statements  set  forth  in this application are true and
24    correct.
25                                ....
26                  *fill in either (1), (2) or (3).
27           Post office address to which ballot is mailed:
28    .............................................................
29        Provided, that if  application  be  made  for  a  primary
30    election ballot, such application shall designate the name of
31    the political party with which the applicant is affiliated.
32                           APPLICATION FOR
33                  TEMPORARILY ABSENT STUDENT BALLOT
34        To  be  voted  at the .... election in the County of ....
 
HB0128 Engrossed            -9-      LRB093 02181 JAM 02188 b
 1    and State of Illinois,  in  the  ....  precinct  of  the  (1)
 2    *township  of .... (2) *City of .... or (3) *.... ward in the
 3    City of ....
 4        I state that I am a resident of the .... precinct of  the
 5    (1)  *township of .... (2) *City of .... or (3) *.... ward in
 6    the city of .... residing at .... in such city or town in the
 7    county of .... and State of Illinois; that I  have  lived  at
 8    such  address for .... month(s) last past; that I am lawfully
 9    entitled to vote in such precinct at the .... election to  be
10    held  therein  on ....; that I am temporarily abiding outside
11    such precinct in the (1) *township of .... (2) *City of  ....
12    in  the county of .... and State of .... due to the fact I am
13    a student attending an institution of higher  education,  and
14    for  that reason do not expect to have an opportunity to vote
15    in person on that day.
16        I hereby make  application  for  an  official  ballot  or
17    ballots  to  be  voted  by me at such election if I am absent
18    from the precinct of my residence, and I agree that  I  shall
19    return  such  ballot  or  ballots to the official issuing the
20    same prior to the closing of the polls on  the  date  of  the
21    election.
22        Under  penalties  as  provided by law pursuant to Section
23    29-10 of The Election Code, the  undersigned  certifies  that
24    the  statements  set  forth  in this application are true and
25    correct.
26                      .........................
27                  *fill in either (1), (2) or (3).
28           Post office address to which ballot is mailed:
29    .............................................................
30        However, if application is made for  a  primary  election
31    ballot,  such  application  shall  designate  the name of the
32    political party with which the applicant is affiliated.
33        In lieu of the  separate  application  blanks  heretofore
34    prescribed,  the  election  authority  may  adopt  a standard
 
HB0128 Engrossed            -10-     LRB093 02181 JAM 02188 b
 1    application blank in substantially the following form for all
 2    categories of absentee voters:
 3                           APPLICATION FOR
 4                        ABSENT VOTER'S BALLOT
 5        To be voted at the .......  election  in  the  County  of
 6    .......  and State of Illinois, in the ...... precinct of the
 7    (1) *township of ...... (2) *City of ......  or  (3)  *......
 8    ward in the City of ............
 9        I  state  that  I am a resident of the ...... precinct of
10    the (1) *township of ...... (2)  *City  of  ........  or  (3)
11    *........  ward  in the City of ...... residing at ..........
12    in such city or town in the county of  ......  and  State  of
13    Illinois; that I have lived at such address for ...... months
14    last  past;  that  I  am  lawfully  entitled  to vote in such
15    precinct at a ...... election to be held therein  on  ......;
16    and  that  (1) I am (or will be on the date of said election)
17    65 years old or older or (2) I will  be  unable  to  vote  in
18    person  at  the  polls  of  such  precinct  for the following
19    reasons:
20    (Check One)
21             I expect to be absent from my county of residence.
22             I expect to be temporarily absent from the country.
23             I shall be serving as a judge of election in the
24             ........ precinct which is not my precinct of
25             residence.
26             I shall be observing a religious holiday in
27             accordance with the tenets of my religion.
28             I shall be performing official election duties
29             for an Election Authority ....................,
30                                       (election authority)
31             .................... or the State Board of Elections.
32             (location)
33             I shall be performing election law enforcement
34             duties in the employment of ......................,
 
HB0128 Engrossed            -11-     LRB093 02181 JAM 02188 b
 1                                        (law enforcement agency)
 2             ................
 3             (location)
 4             I am temporarily abiding in the (1) *township of
 5             .... (2) *city of .... in the county of .... and
 6             State of .... due to the fact I am a student
 7             attending an institution of higher education.
 8             I am physically incapacitated.
 9             Reason(s):
10             I have been called for jury duty on said day by
11             ..................
12             (court jurisdiction)
13        I hereby make  application  for  an  official  ballot  or
14    ballots  to  be voted by me at such election and agree that I
15    shall return the ballot or ballots to the  election  official
16    issuing  the  same  in  sufficient  time for such official to
17    deliver the ballot or ballots to  the  proper  polling  place
18    prior  to  the  closing  of  the  polls  on  the  date of the
19    election.
20        Under penalties as provided by law  pursuant  to  Section
21    29-10  of  the  Election Code, the undersigned certifies that
22    the statements set forth in this  application  are  true  and
23    correct.
24                                         ........................
25    *fill in either (1), (2) or (3). Post office address to which
26    ballot is mailed:
27                                         ........................
28        Provided,  that  if  application  is  made  for a primary
29    election, such application shall designate the  name  of  the
30    political party with which applicant is affiliated.
31    (Source: P.A. 86-873; 86-875; 86-1028.)

32        (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
33        Sec.  19-5.   It  shall  be  the  duty  of  the  election

 
HB0128 Engrossed            -12-     LRB093 02181 JAM 02188 b
 1    authority  to  fold  the  ballot  or  ballots  in  the manner
 2    specified by the statute for folding ballots prior  to  their
 3    deposit  in  the  ballot  box,  and to enclose such ballot or
 4    ballots in an envelope unsealed to be furnished by him, which
 5    envelope shall bear upon the face thereof the name,  official
 6    title  and post office address of the election authority, and
 7    upon the other side if the ballot is to go to an elector  who
 8    is  to  be  out  of  the  county on the day of the election a
 9    printed certification in substantially the following form:
10        I state that I am a resident of the .... precinct of  the
11    (1)  *township of .... (2) *City of .... or (3) *.... ward in
12    the city of .... residing at .... in such city or town in the
13    county of .... and State of Illinois, that I  have  lived  at
14    such  address  for  .... months last past; that I am lawfully
15    entitled to vote in such precinct at the .... election to  be
16    held on ....; and I expect to be absent from the county of my
17    residence on the date of such election.
18    *fill in either (1), (2) or (3).
19        I  further  state  that  I personally marked the enclosed
20    ballot in secret.
21        Under penalties of perjury as provided by law pursuant to
22    Section 29-10 of The Election Code, the undersigned certifies
23    that the statements set forth in this certification are  true
24    and correct.
25                                          .......................
26        If  the  ballot  is to go to an elector who is physically
27    incapacitated the envelope shall bear upon the back thereof a
28    certification in substantially the following form:
29        I state that I am a resident of the .... precinct of  the
30    (1)  *township of .... (2) *City of .... or (3) *.... ward in
31    the city of .... residing at .... in such city or town in the
32    county of .... and State of Illinois, that I  have  lived  at
33    such  address  for  .... months last past; that I am lawfully
34    entitled to vote in such precinct at the .... election to  be
 
HB0128 Engrossed            -13-     LRB093 02181 JAM 02188 b
 1    held  on  ....; that I shall be physically incapable of being
 2    present at the polls of such precinct on the date of  holding
 3    such election.
 4    *fill in either (1), (2) or (3).
 5        I  further  state  that  I personally marked the enclosed
 6    ballot in secret. If I  received  assistance  in  casting  my
 7    ballot,  I further attest that, due to physical incapacity, I
 8    marked the enclosed ballot in secret with the assistance of
 9                                .................................
10                                (Individual rendering assistance)
11                                .................................
12                                              (Residence Address)
13        Under penalties of perjury  as provided by  law  pursuant
14    to  Section  29-10  of  The  Election  Code,  the undersigned
15    certifies that the statements set forth in this certification
16    are true and correct.
17                                          .......................
18        In the case of a voter who is voting absentee  by  reason
19    of  physical  incapacity, marking a ballot in secret includes
20    marking a ballot with the assistance of  another  individual,
21    other  than  a  candidate  whose  name  appears on the ballot
22    (unless the voter is the spouse or a parent, child,  brother,
23    or  sister  of the candidate), the voter's employer, an agent
24    of that employer or an officer or agent of the voter's union,
25    when  the  voter's  physical  incapacity  necessitates   such
26    assistance.
27        If  the ballot is to go to an elector who is 65 years old
28    or older, the envelope shall bear upon  the  back  thereof  a
29    certification in substantially the following form:
30        I  state that I am a resident of the .... precinct of the
31    (1) *township of .... (2) *City of .... or (3) *.... ward  in
32    the city of .... residing at .... in said city or town in the
33    county  of  ....  and State of Illinois, that I have lived at
34    such address for .... months last past; that  I  am  lawfully
 
HB0128 Engrossed            -14-     LRB093 02181 JAM 02188 b
 1    entitled  to vote in such precinct at the .... election to be
 2    held on ....; that I am (or will  be  on  the  date  of  said
 3    election) 65 years old or older.
 4    *fill in either (1), (2), or (3).
 5        I  further  state  that  I personally marked the enclosed
 6    ballot in secret.
 7        Under penalties of perjury as provided by law pursuant to
 8    Section 29-10 of the Election Code, the undersigned certifies
 9    that the statements set forth in this certification are  true
10    and correct.
11                                           ......................
12        If  the ballot is to go to an elector who is unable to be
13    present at the polls on the date of the election  because  of
14    the  observance  of  a  religious holiday, the envelope shall
15    bear upon the back thereof a certification  in  substantially
16    the following form:
17        I  state that I am a resident of the .... precinct of the
18    (1) *township of .... (2) *City of .... or (3) *.... ward  in
19    the city of .... residing at .... in said city or town in the
20    county  of  ....  and State of Illinois, that I have lived at
21    such address for .... months last past; that  I  am  lawfully
22    entitled  to vote in such precinct at the .... election to be
23    held on ....; that I shall be unable to  be  present  at  the
24    polls  of  such precinct on the date of holding such election
25    because of the tenets of my religion in the observance  of  a
26    religious holiday.
27    *fill in either (1), (2) or (3).
28        I  further  state  that  I personally marked the enclosed
29    ballot in secret.
30        Under penalties of perjury as provided by law pursuant to
31    Section 29-10 of The Election Code, the undersigned certifies
32    that the statements set forth in this certification are  true
33    and correct.
34                                           ......................
 
HB0128 Engrossed            -15-     LRB093 02181 JAM 02188 b
 1        If  the  ballot is to go to an elector who is temporarily
 2    abiding outside the precinct in which  he  is  registered  to
 3    vote due to the fact he is a student attending an institution
 4    of  higher  education  the  envelope shall bear upon the back
 5    thereof a certification in substantially the following form:
 6        I state that I am a resident of the .... precinct of  the
 7    (1)  *township of .... (2) *City of .... or (3) *.... ward in
 8    the city of .... residing at .... in such city or town in the
 9    county of .... and State of Illinois, that I  have  lived  at
10    such  address  for  .... months last past; that I am lawfully
11    entitled to vote in such precinct at the .... election to  be
12    held  on ....; and I expect to be absent from the precinct of
13    my residence on the  date  of  such  election  because  I  am
14    temporarily   abiding   outside  such  precinct  in  the  (1)
15    *township of .... (2) *city of .... in the county of .... and
16    State of .... due to the fact I am  a  student  attending  an
17    institution of higher education.
18    *fill in either (1), (2) or (3).
19        I  further  state  that  I personally marked the enclosed
20    ballot in secret.
21        Under penalties of perjury as provided by law pursuant to
22    Section 29-10 of The Election Code, the undersigned certifies
23    that the statements set forth in this certification are  true
24    and correct.
25                                          .......................
26        If  the  election  authority adopts the standard absentee
27    ballot  application  blank  provided  in  Section  19-3,  the
28    printed certification on the absentee ballot  envelope  shall
29    be in substantially the following form:
30        I  state  that  I am a resident of the ...... precinct of
31    the (1) *township of.....  (2) *City of ..... or (3) *.......
32    ward in the city of ....... residing at ..... in said city or
33    town in the county of ...... and State of  Illinois,  that  I
34    have  lived at such address for .... months last past; that I
 
HB0128 Engrossed            -16-     LRB093 02181 JAM 02188 b
 1    shall be unable to be present at the polls of  such  precinct
 2    on the date of holding such election for the reason indicated
 3    on the application for ballot enclosed herein.
 4    *fill in either (1), (2) or (3).
 5        I  further  state  that  I personally marked the enclosed
 6    ballot in secret. If I  received  assistance  in  casting  my
 7    ballot,  I further attest that, due to physical incapacity, I
 8    marked the enclosed ballot in secret with the assistance of
 9                                .................................
10                                (Individual rendering assistance)
11                                .................................
12                                              (Residence Address)
13        Under penalties of perjury 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 who is voting absentee  by  reason
19    of  physical  incapacity, marking a ballot in secret includes
20    marking a ballot with the assistance of  another  individual,
21    other  than  a  candidate  whose  name  appears on the ballot
22    (unless the voter is the spouse or a parent, child,  brother,
23    or  sister  of the candidate), the voter's employer, an agent
24    of that employer, or an  officer  or  agent  of  the  voter's
25    union, when the voter's physical incapacity necessitates such
26    assistance.
27        Provided, that if the ballot enclosed is to be voted at a
28    primary  election, the certification shall designate the name
29    of the political party with which the voter is affiliated.
30        In addition to the above, the  election  authority  shall
31    provide  printed slips giving full instructions regarding the
32    manner of marking and returning the ballot in order that  the
33    same  may  be  counted, and shall furnish one of such printed
34    slips to each of such applicants at the same time the  ballot
 
HB0128 Engrossed            -17-     LRB093 02181 JAM 02188 b
 1    is  delivered  to  him.  Such  instructions shall include the
 2    following statement: "In signing  the  certification  on  the
 3    absentee   ballot   envelope,  you  are  attesting  that  you
 4    personally marked this absentee ballot in secret.  If you are
 5    physically unable to mark the ballot, a  friend  or  relative
 6    may  assist  you  after  completing  the  enclosed affidavit.
 7    Federal and  State  laws  prohibit  a  candidate  whose  name
 8    appears on the ballot (unless you are the spouse or a parent,
 9    child,  brother,  or sister of the candidate), your employer,
10    your employer's agent or an officer or agent  of  your  union
11    from assisting physically disabled voters."
12        In  addition  to the above, if a ballot to be provided to
13    an  elector  pursuant  to  this  Section  contains  a  public
14    question described in subsection (b) of Section 28-6 and  the
15    territory concerning which the question is to be submitted is
16    not  described  on the ballot due to the space limitations of
17    such ballot, the election authority shall provide  a  printed
18    copy  of a notice of the public question, which shall include
19    a description of the territory  in  the  manner  required  by
20    Section  16-7.   The notice shall be furnished to the elector
21    at the same time the ballot is delivered to the elector.
22    (Source: P.A. 89-653, eff. 8-14-96.)