98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2948

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-43  from Ch. 46, par. 7-43
10 ILCS 5/7-44  from Ch. 46, par. 7-44
10 ILCS 5/19-2.1  from Ch. 46, par. 19-2.1
10 ILCS 5/19-3  from Ch. 46, par. 19-3
10 ILCS 5/19-4  from Ch. 46, par. 19-4
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5  from Ch. 46, par. 19-5
10 ILCS 5/19-8  from Ch. 46, par. 19-8
10 ILCS 5/19-12.1  from Ch. 46, par. 19-12.1
10 ILCS 5/20-3  from Ch. 46, par. 20-3
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5  from Ch. 46, par. 20-5
10 ILCS 5/20-8  from Ch. 46, par. 20-8

    Amends the Election Code. Eliminates the requirement that a voter declare party affiliation when voting at a primary election. Provides that the voter shall receive the primary ballot of each of the established political parties nominating candidates for office at the primary election but may cast a ballot of only one political party, except in certain cases involving statewide political parties and political parties established only within a political subdivision. Effective immediately.


LRB098 09166 HLH 39304 b

 

 

A BILL FOR

 

HB2948LRB098 09166 HLH 39304 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-43, 7-44, 19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1,
620-3, 20-5, and 20-8 and by adding Sections 19-4.5 and 20-4.5
7as 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
10months and in the precinct 30 days next preceding any primary
11therein who shall be a citizen of the United States of the age
12of 18 or more years, shall be entitled to vote at such primary.
13    The following regulations shall be applicable to
14primaries:
15        No person shall be entitled to vote at a primary:
16            (a) (Blank). Unless he declares his party
17        affiliations as required by this Article.
18            (b) (Blank.).
19            (c) (Blank.).
20            (c.5) (Blank). If that person has participated in
21        the town political party caucus, under Section 45-50 of
22        the Township Code, of another political party by
23        signing an affidavit of voters attending the caucus

 

 

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1        within 45 days before the first day of the calendar
2        month in which the primary is held.
3            (d) (Blank.).
4        (e) 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        (f) No person shall be entitled to vote at a primary
9    unless he is registered under the provisions of Articles 4,
10    5 or 6 of this Act, when his registration is required by
11    any of said Articles to entitle him to vote at the election
12    with reference to which the primary is held.
13    A person (i) who filed a statement of candidacy for a
14partisan office as a qualified primary voter of an established
15political party or (ii) who voted the ballot of an established
16political party at a general primary election may not file a
17statement of candidacy as a candidate of a different
18established political party or as an independent candidate for
19a partisan office to be filled at the general election
20immediately following the general primary for which the person
21filed the statement or voted the ballot. A person may file a
22statement of candidacy for a partisan office as a qualified
23primary voter of an established political party regardless of
24any prior filing of candidacy for a partisan office or voting
25the ballot of an established political party at any prior
26election.

 

 

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1(Source: P.A. 97-681, eff. 3-30-12; revised 8-3-12.)
 
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
5his or her name and , residence and party affiliation to the
6primary judges, one of whom shall thereupon announce the same
7in a distinct tone of voice, sufficiently loud to be heard by
8all persons in the polling place. When article 4, 5 or 6 is
9applicable the Certificate of Registered Voter therein
10prescribed shall be made and signed and the official poll
11record shall be made. If the person desiring to vote is not
12challenged, one of the primary judges shall give to him or her
13one, and only one, primary ballot of each of the established
14political parties nominating candidates for office at the
15primary election, but the voter may cast a ballot of only one
16political party, except as otherwise provided in subsection (b)
17party with which he declares himself affiliated, on the back of
18which the such primary judge shall endorse his or her initials
19in such manner that they may be seen when the primary ballot is
20properly folded. If the person desiring to vote is challenged
21he or she shall not receive a primary ballot from the primary
22judges until he or she shall have established his or her right
23to vote as hereinafter provided in this Article. No person who
24refuses to state his party affiliation shall be allowed to vote
25at a primary.

 

 

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1    (b) A person who casts a ballot of declares his party
2affiliation with a statewide established political party and
3requests a primary ballot of such party may nonetheless also
4declare his affiliation with a political party established only
5within a political subdivision, and may also vote in the
6primary of a such local political party established only within
7a political subdivision on the same election day, provided that
8the such voter may not vote in both such party primaries with
9respect to offices of the same political subdivision. However,
10no person casting a ballot of declaring his affiliation with a
11statewide established political party may vote in the primary
12of any other statewide political party on the same election
13day. Each party's primary ballot shall include a space for the
14voter to mark, indicating that political party as the party for
15which the voter cast his or her votes. The voter may mark the
16space on the ballot of only one political party indicating that
17party, except as otherwise provided in this Section. If the
18voter desires to cast his or her ballot of a statewide
19political party and a political party established only within a
20political subdivision, the voter may indicate that choice by
21marking the space provided on the ballot of the statewide
22political party and by also marking the space provided on the
23ballot of the political party established only within a
24political subdivision. If the voter does not mark the space on
25the primary ballot indicating the political party in which the
26voter cast his or her ballot, or marks more than one such

 

 

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1space, the judges of election shall count only the votes of the
2political party in which the voter cast a vote for the office
3nearest the top of the ballot.
4(Source: P.A. 81-1535.)
 
5    (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
6    Sec. 19-2.1. At the consolidated primary, general primary,
7consolidated, and general elections, electors entitled to vote
8by absentee ballot under the provisions of Section 19-1 may
9vote in person at the office of the municipal clerk, if the
10elector is a resident of a municipality not having a board of
11election commissioners, or at the office of the township clerk
12or, in counties not under township organization, at the office
13of the road district clerk if the elector is not a resident of
14a municipality; provided, in each case that the municipal,
15township or road district clerk, as the case may be, is
16authorized to conduct in-person absentee voting pursuant to
17this Section. Absentee voting in such municipal and township
18clerk's offices under this Section shall be conducted from the
1922nd day through the day before the election.
20    Municipal and township clerks (or road district clerks) who
21have regularly scheduled working hours at regularly designated
22offices other than a place of residence and whose offices are
23open for business during the same hours as the office of the
24election authority shall conduct in-person absentee voting for
25said elections. Municipal and township clerks (or road district

 

 

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1clerks) who have no regularly scheduled working hours but who
2have regularly designated offices other than a place of
3residence shall conduct in-person absentee voting for said
4elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
5a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
6Saturdays, but not during such hours as the office of the
7election authority is closed, unless the clerk files a written
8waiver with the election authority not later than July 1 of
9each year stating that he or she is unable to conduct such
10voting and the reasons therefor. Such clerks who conduct
11in-person absentee voting may extend their hours for that
12purpose to include any hours in which the election authority's
13office is open. Municipal and township clerks (or road district
14clerks) who have no regularly scheduled office hours and no
15regularly designated offices other than a place of residence
16may not conduct in-person absentee voting for said elections.
17The election authority may devise alternative methods for
18in-person absentee voting before said elections for those
19precincts located within the territorial area of a municipality
20or township (or road district) wherein the clerk of such
21municipality or township (or road district) has waived or is
22not entitled to conduct such voting. In addition, electors may
23vote by absentee ballot under the provisions of Section 19-1 at
24the office of the election authority having jurisdiction over
25their residence. Unless specifically authorized by the
26election authority, municipal, township, and road district

 

 

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1clerks shall not conduct in-person absentee voting. No less
2than 45 days before the date of an election, the election
3authority shall notify the municipal, township, and road
4district clerks within its jurisdiction if they are to conduct
5in-person absentee voting. Election authorities, however, may
6conduct in-person absentee voting in one or more designated
7appropriate public buildings from the fourth day before the
8election through the day before the election.
9    In conducting in-person absentee voting under this
10Section, the respective clerks shall be required to verify the
11signature of the absentee voter by comparison with the
12signature on the official registration record card. The clerk
13also shall reasonably ascertain the identity of such applicant,
14shall verify that each such applicant is a registered voter,
15and shall verify the precinct in which he or she is registered
16and the proper ballots of the political subdivisions in which
17the applicant resides and is entitled to vote, prior to
18providing any absentee ballot to such applicant. The clerk
19shall verify the applicant's registration and from the most
20recent poll list provided by the county clerk, and if the
21applicant is not listed on that poll list then by telephoning
22the office of the county clerk.
23    Absentee voting procedures in the office of the municipal,
24township and road district clerks shall be subject to all of
25the applicable provisions of this Article 19, including,
26without limitation, those procedures relating to primary

 

 

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1ballots. Pollwatchers may be appointed to observe in-person
2absentee voting procedures and view all reasonably requested
3records relating to the conduct of the election, provided the
4secrecy of the ballot is not impinged, at the office of the
5municipal, township or road district clerks' offices where such
6absentee voting is conducted. Such pollwatchers shall qualify
7and be appointed in the same manner as provided in Sections
87-34 and 17-23, except each candidate, political party or
9organization of citizens may appoint only one pollwatcher for
10each location where in-person absentee voting is conducted.
11Pollwatchers must be registered to vote in Illinois and possess
12valid pollwatcher credentials. All requirements in this
13Article applicable to election authorities shall apply to the
14respective local clerks, except where inconsistent with this
15Section.
16    The sealed absentee ballots in their carrier envelope shall
17be delivered by the respective clerks, or by the election
18authority on behalf of a clerk if the clerk and the election
19authority agree, to the election authority's central ballot
20counting location before the close of the polls on the day of
21the general primary, consolidated primary, consolidated, or
22general election.
23    Not more than 23 days before the general and consolidated
24elections, the county clerk shall make available to those
25municipal, township and road district clerks conducting
26in-person absentee voting within such county, a sufficient

 

 

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1number of applications, absentee ballots, envelopes, and
2printed voting instruction slips for use by absentee voters in
3the offices of such clerks. The respective clerks shall receipt
4for all ballots received, shall return all unused or spoiled
5ballots to the county clerk on the day of the election and
6shall strictly account for all ballots received.
7    The ballots delivered to the respective clerks shall
8include absentee ballots for each precinct in the municipality,
9township or road district, or shall include such separate
10ballots for each political subdivision conducting an election
11of officers or a referendum on that election day as will permit
12any resident of the municipality, township or road district to
13vote absentee in the office of the proper clerk.
14    The clerks of all municipalities, townships and road
15districts may distribute applications for absentee ballot for
16the use of voters who wish to mail such applications to the
17appropriate election authority. Any person may produce,
18reproduce, distribute, or return to an election authority the
19application for absentee ballot. Upon receipt, the appropriate
20election authority shall accept and promptly process any
21application for absentee ballot.
22(Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.)
 
23    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
24    Sec. 19-3. The application for absentee ballot shall be
25substantially in the following form:

 

 

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1
APPLICATION FOR ABSENTEE BALLOT
2    To be voted at the .... election in the County of .... and
3State of Illinois, in the .... precinct of the (1) *township of
4.... (2) *City of .... or (3) *.... ward in the City of ....
5    I state that I am a resident of the .... precinct of the
6(1) *township of .... (2) *City of .... or (3) *.... ward in
7the city of .... residing at .... in such city or town in the
8county of .... and State of Illinois; that I have lived at such
9address for .... month(s) last past; that I am lawfully
10entitled to vote in such precinct at the .... election to be
11held therein on ....; and that I wish to vote by absentee
12ballot.
13    I hereby make application for an official ballot or ballots
14to be voted by me at such election, and I agree that I shall
15return such ballot or ballots to the official issuing the same
16prior to the closing of the polls on the date of the election
17or, if returned by mail, postmarked no later than midnight
18preceding election day, for counting no later than during the
19period for counting provisional ballots, the last day of which
20is the 14th day following election day.
21    I understand that this application is made for an official
22absentee ballot or ballots to be voted by me at the election
23specified in this application and that I must submit a separate
24application for an official absentee ballot or ballots to be
25voted by me at any subsequent election.
26    Under penalties as provided by law pursuant to Section

 

 

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129-10 of The Election Code, the undersigned certifies that the
2statements set forth in this application are true and correct.
3
....
4
*fill in either (1), (2) or (3).
5
Post office address to which ballot is mailed:
6...............
7    However, if application is made for a primary election
8ballot, such application shall require the applicant to
9designate the name of the political party with which the
10applicant is affiliated.
11    Any person may produce, reproduce, distribute, or return to
12an election authority the application for absentee ballot. Upon
13receipt, the appropriate election authority shall accept and
14promptly process any application for absentee ballot submitted
15in a form substantially similar to that required by this
16Section, including any substantially similar production or
17reproduction generated by the applicant.
18(Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09;
1996-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff.
207-6-12.)
 
21    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
22    Sec. 19-4. Mailing or delivery of ballots - Time.)
23Immediately upon the receipt of such application either by
24mail, not more than 40 days nor less than 5 days prior to such
25election, or by personal delivery not more than 40 days nor

 

 

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1less than one day prior to such election, at the office of such
2election authority, it shall be the duty of such election
3authority to examine the records to ascertain whether or not
4such applicant is lawfully entitled to vote as requested,
5including a verification of the applicant's signature by
6comparison with the signature on the official registration
7record card, and if found so to be entitled to vote, to post
8within one business day thereafter the name, street address,
9ward and precinct number or township and district number, as
10the case may be, of such applicant given on a list, the pages
11of which are to be numbered consecutively to be kept by such
12election authority for such purpose in a conspicuous, open and
13public place accessible to the public at the entrance of the
14office of such election authority, and in such a manner that
15such list may be viewed without necessity of requesting
16permission therefor. Within one day after posting the name and
17other information of an applicant for an absentee ballot, the
18election authority shall transmit that name and other posted
19information to the State Board of Elections, which shall
20maintain those names and other information in an electronic
21format on its website, arranged by county and accessible to
22State and local political committees. Within 2 business days
23after posting a name and other information on the list within
24its office, the election authority shall mail, postage prepaid,
25or deliver in person in such office an official ballot or
26ballots if more than one are to be voted at said election or if

 

 

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1Section 19-4.5 applies. Mail delivery of Temporarily Absent
2Student ballot applications pursuant to Section 19-12.3 shall
3be by nonforwardable mail. However, for the consolidated
4election, absentee ballots for certain precincts may be
5delivered to applicants not less than 25 days before the
6election if so much time is required to have prepared and
7printed the ballots containing the names of persons nominated
8for offices at the consolidated primary. The election authority
9shall enclose with each absentee ballot or application written
10instructions on how voting assistance shall be provided
11pursuant to Section 17-14 and a document, written and approved
12by the State Board of Elections, enumerating the circumstances
13under which a person is authorized to vote by absentee ballot
14pursuant to this Article; such document shall also include a
15statement informing the applicant that if he or she falsifies
16or is solicited by another to falsify his or her eligibility to
17cast an absentee ballot, such applicant or other is subject to
18penalties pursuant to Section 29-10 and Section 29-20 of the
19Election Code. Each election authority shall maintain a list of
20the name, street address, ward and precinct, or township and
21district number, as the case may be, of all applicants who have
22returned absentee ballots to such authority, and the name of
23such absent voter shall be added to such list within one
24business day from receipt of such ballot. If the absentee
25ballot envelope indicates that the voter was assisted in
26casting the ballot, the name of the person so assisting shall

 

 

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1be included on the list. The list, the pages of which are to be
2numbered consecutively, shall be kept by each election
3authority in a conspicuous, open, and public place accessible
4to the public at the entrance of the office of the election
5authority and in a manner that the list may be viewed without
6necessity of requesting permission for viewing.
7    Each election authority shall maintain a list for each
8election of the voters to whom it has issued absentee ballots.
9The list shall be maintained for each precinct within the
10jurisdiction of the election authority. Prior to the opening of
11the polls on election day, the election authority shall deliver
12to the judges of election in each precinct the list of
13registered voters in that precinct to whom absentee ballots
14have been issued by mail.
15    Each election authority shall maintain a list for each
16election of voters to whom it has issued temporarily absent
17student ballots. The list shall be maintained for each election
18jurisdiction within which such voters temporarily abide.
19Immediately after the close of the period during which
20application may be made by mail for absentee ballots, each
21election authority shall mail to each other election authority
22within the State a certified list of all such voters
23temporarily abiding within the jurisdiction of the other
24election authority.
25    In the event that the return address of an application for
26ballot by a physically incapacitated elector is that of a

 

 

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1facility licensed or certified under the Nursing Home Care Act,
2the Specialized Mental Health Rehabilitation Act, or the ID/DD
3Community Care Act, within the jurisdiction of the election
4authority, and the applicant is a registered voter in the
5precinct in which such facility is located, the ballots shall
6be prepared and transmitted to a responsible judge of election
7no later than 9 a.m. on the Saturday, Sunday or Monday
8immediately preceding the election as designated by the
9election authority under Section 19-12.2. Such judge shall
10deliver in person on the designated day the ballot to the
11applicant on the premises of the facility from which
12application was made. The election authority shall by mail
13notify the applicant in such facility that the ballot will be
14delivered by a judge of election on the designated day.
15    All applications for absentee ballots shall be available at
16the office of the election authority for public inspection upon
17request from the time of receipt thereof by the election
18authority until 30 days after the election, except during the
19time such applications are kept in the office of the election
20authority pursuant to Section 19-7, and except during the time
21such applications are in the possession of the judges of
22election.
23(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
24eff. 1-1-12; 97-813, eff. 7-13-12.)
 
25    (10 ILCS 5/19-4.5 new)

 

 

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1    Sec. 19-4.5. Primary ballots.
2    (a) A person entitled to vote by absentee ballot at a
3primary shall not be required to declare his or her political
4party affiliation and shall be provided with the ballots of all
5established political parties nominating candidates for
6offices for which the absentee voter is entitled to vote at
7that primary. That absentee voter may mark, cast, and have
8counted the primary ballot of only one established political
9party, except that he or she may mark, cost, and have counted
10the primary ballots of a statewide established political party
11and a local political party established only within a political
12subdivision as provided in subsection (b) of Section 7-44.
13    (b) With respect to the marking, casting, and counting of
14primary ballots, absentee voting shall be conducted in
15accordance with Sections 7-43 and 7-44 of this Code as well as
16the provisions of this Article.
17    (c) When voting absentee at a primary by means other than
18in-person absentee voting, the voter shall be instructed to
19discard or otherwise destroy any ballots of political parties
20that the voter does not intend to cast. Such a discarded or
21destroyed ballot or ballots is not the ballot or ballots the
22voter agreed in the absentee ballot application to return to
23the election authority.
24    If a voter subject to this subsection returns to the
25election authority the ballot of more than one established
26political party, the judges of election shall determine which

 

 

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1votes to count as provided in subsection (b) of Section 7-44.
 
2    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
3    Sec. 19-5. It shall be the duty of the election authority
4to fold the ballot or ballots in the manner specified by the
5statute for folding ballots prior to their deposit in the
6ballot box, and to enclose such ballot or ballots in an
7envelope unsealed to be furnished by him, which envelope shall
8bear upon the face thereof the name, official title and post
9office address of the election authority, and upon the other
10side a printed certification in substantially the following
11form:
12    I state that I am a resident of the .... precinct of the
13(1) *township of .... (2) *City of .... or (3) *.... ward in
14the city of .... residing at .... in such city or town in the
15county of .... and State of Illinois, that I have lived at such
16address for .... months last past; and that I am lawfully
17entitled to vote in such precinct at the .... election to be
18held on .....
19*fill in either (1), (2) or (3).
20    I further state that I personally marked the enclosed
21ballot in secret.
22    Under penalties of perjury as provided by law pursuant to
23Section 29-10 of The Election Code, the undersigned certifies
24that the statements set forth in this certification are true
25and correct.

 

 

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1
.......................
2    If the ballot is to go to an elector who is physically
3incapacitated and needs assistance marking the ballot, the
4envelope shall bear upon the back thereof a certification in
5substantially 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
8the city of .... residing at .... in such city or town in the
9county of .... and State of Illinois, that I have lived at such
10address for .... months last past; that I am lawfully entitled
11to vote in such precinct at the .... election to be held on
12....; that I am physically incapable of personally marking the
13ballot for such election.
14*fill in either (1), (2) or (3).
15    I further state that I marked the enclosed ballot in secret
16with the assistance of
17
.................................
18
(Individual rendering assistance)
19
.................................
20
(Residence Address)
21    Under penalties of perjury as provided by law pursuant to
22Section 29-10 of The Election Code, the undersigned certifies
23that the statements set forth in this certification are true
24and correct.
25
.......................
26    In the case of a voter with a physical incapacity, marking

 

 

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1a ballot in secret includes marking a ballot with the
2assistance of another individual, other than a candidate whose
3name appears on the ballot (unless the voter is the spouse or a
4parent, child, brother, or sister of the candidate), the
5voter's employer, an agent of that employer, or an officer or
6agent of the voter's union, when the voter's physical
7incapacity necessitates such assistance.
8    In the case of a physically incapacitated voter, marking a
9ballot in secret includes marking a ballot with the assistance
10of another individual, other than a candidate whose name
11appears on the ballot (unless the voter is the spouse or a
12parent, child, brother, or sister of the candidate), the
13voter's employer, an agent of that employer, or an officer or
14agent of the voter's union, when the voter's physical
15incapacity necessitates such assistance.
16    Provided, that if the ballot enclosed is to be voted at a
17primary election, the certification shall designate the name of
18the political party with which the voter is affiliated.
19    In addition to the above, the election authority shall
20provide printed slips giving full instructions regarding the
21manner of marking and returning the ballot in order that the
22same may be counted, and shall furnish one of such printed
23slips to each of such applicants at the same time the ballot is
24delivered to him. Such instructions shall include the following
25statement: "In signing the certification on the absentee ballot
26envelope, you are attesting that you personally marked this

 

 

HB2948- 20 -LRB098 09166 HLH 39304 b

1absentee ballot in secret. If you are physically unable to mark
2the ballot, a friend or relative may assist you after
3completing the enclosed affidavit. Federal and State laws
4prohibit a candidate whose name appears on the ballot (unless
5you are the spouse or a parent, child, brother, or sister of
6the candidate), your employer, your employer's agent or an
7officer or agent of your union from assisting physically
8disabled voters."
9    In addition to the above, if a ballot to be provided to an
10elector pursuant to this Section contains a public question
11described in subsection (b) of Section 28-6 and the territory
12concerning which the question is to be submitted is not
13described on the ballot due to the space limitations of such
14ballot, the election authority shall provide a printed copy of
15a notice of the public question, which shall include a
16description of the territory in the manner required by Section
1716-7. The notice shall be furnished to the elector at the same
18time the ballot is delivered to the elector.
19(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
20    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
21    Sec. 19-8. Time and place of counting ballots.
22    (a) (Blank.)
23    (b) Each absent voter's ballot returned to an election
24authority, by any means authorized by this Article, and
25received by that election authority before the closing of the

 

 

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1polls on election day shall be endorsed by the receiving
2election authority with the day and hour of receipt and shall
3be counted in the central ballot counting location of the
4election authority on the day of the election after 7:00 p.m.,
5except as provided in subsections (g) and (g-5).
6    (c) Each absent voter's ballot that is mailed to an
7election authority and postmarked by the midnight preceding the
8opening of the polls on election day, but that is received by
9the election authority after the polls close on election day
10and before the close of the period for counting provisional
11ballots cast at that election, shall be endorsed by the
12receiving authority with the day and hour of receipt and shall
13be counted at the central ballot counting location of the
14election authority during the period for counting provisional
15ballots.
16    Each absent voter's ballot that is mailed to an election
17authority absent a postmark, but that is received by the
18election authority after the polls close on election day and
19before the close of the period for counting provisional ballots
20cast at that election, shall be endorsed by the receiving
21authority with the day and hour of receipt, opened to inspect
22the date inserted on the certification, and, if the
23certification date is a date preceding the election day and the
24ballot is otherwise found to be valid under the requirements of
25this Section, counted at the central ballot counting location
26of the election authority during the period for counting

 

 

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1provisional ballots. Absent a date on the certification, the
2ballot shall not be counted.
3    (d) Special write-in absentee voter's blank ballots
4returned to an election authority, by any means authorized by
5this Article, and received by the election authority at any
6time before the closing of the polls on election day shall be
7endorsed by the receiving election authority with the day and
8hour of receipt and shall be counted at the central ballot
9counting location of the election authority during the same
10period provided for counting absent voters' ballots under
11subsections (b), (g), and (g-5). Special write-in absentee
12voter's blank ballots that are mailed to an election authority
13and postmarked by the midnight preceding the opening of the
14polls on election day, but that are received by the election
15authority after the polls close on election day and before the
16closing of the period for counting provisional ballots cast at
17that election, shall be endorsed by the receiving authority
18with the day and hour of receipt and shall be counted at the
19central ballot counting location of the election authority
20during the same periods provided for counting absent voters'
21ballots under subsection (c).
22    (e) Except as otherwise provided in this Section, absent
23voters' ballots and special write-in absentee voter's blank
24ballots received by the election authority after the closing of
25the polls on an election day shall be endorsed by the election
26authority receiving them with the day and hour of receipt and

 

 

HB2948- 23 -LRB098 09166 HLH 39304 b

1shall be safely kept unopened by the election authority for the
2period of time required for the preservation of ballots used at
3the election, and shall then, without being opened, be
4destroyed in like manner as the used ballots of that election.
5    (f) Counting required under this Section to begin on
6election day after the closing of the polls shall commence no
7later than 8:00 p.m. and shall be conducted by a panel or
8panels of election judges appointed in the manner provided by
9law. The counting shall continue until all absent voters'
10ballots and special write-in absentee voter's blank ballots
11required to be counted on election day have been counted.
12    (g) The procedures set forth in Articles 17 and 18 and,
13with respect to primaries, in Section 19-4.5 of this Code shall
14apply to all ballots counted under this Section. In addition,
15within 2 days after an absentee ballot, other than an in-person
16absentee ballot, is received, but in all cases before the close
17of the period for counting provisional ballots, the election
18judge or official shall compare the voter's signature on the
19certification envelope of that absentee ballot with the
20signature of the voter on file in the office of the election
21authority. If the election judge or official determines that
22the 2 signatures match, and that the absentee voter is
23otherwise qualified to cast an absentee ballot, the election
24authority shall cast and count the ballot on election day or
25the day the ballot is determined to be valid, whichever is
26later, adding the results to the precinct in which the voter is

 

 

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1registered. If the election judge or official determines that
2the signatures do not match, or that the absentee voter is not
3qualified to cast an absentee ballot, then without opening the
4certification envelope, the judge or official shall mark across
5the face of the certification envelope the word "Rejected" and
6shall not cast or count the ballot.
7    In addition to the voter's signatures not matching, an
8absentee ballot may be rejected by the election judge or
9official:
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
18these reasons apply, the judge or official shall mark across
19the face of the certification envelope the word "Rejected" and
20shall not cast or count the ballot.
21    (g-5) If an absentee ballot, other than an in-person
22absentee ballot, is rejected by the election judge or official
23for any reason, the election authority shall, within 2 days
24after the rejection but in all cases before the close of the
25period for counting provisional ballots, notify the absentee
26voter that his or her ballot was rejected. The notice shall

 

 

HB2948- 25 -LRB098 09166 HLH 39304 b

1inform the voter of the reason or reasons the ballot was
2rejected and shall state that the voter may appear before the
3election authority, on or before the 14th day after the
4election, to show cause as to why the ballot should not be
5rejected. The voter may present evidence to the election
6authority supporting his or her contention that the ballot
7should be counted. The election authority shall appoint a panel
8of 3 election judges to review the contested ballot,
9application, and certification envelope, as well as any
10evidence submitted by the absentee voter. No more than 2
11election judges on the reviewing panel shall be of the same
12political party. The reviewing panel of election judges shall
13make a final determination as to the validity of the contested
14absentee ballot. The judges' determination shall not be
15reviewable either administratively or judicially.
16    An absentee ballot subject to this subsection that is
17determined to be valid shall be counted before the close of the
18period for counting provisional ballots.
19    (g-10) All absentee ballots determined to be valid shall be
20added to the vote totals for the precincts for which they were
21cast in the order in which the ballots were opened.
22    (h) Each political party, candidate, and qualified civic
23organization shall be entitled to have present one pollwatcher
24for each panel of election judges therein assigned.
25(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2695-699, eff. 11-9-07.)
 

 

 

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1    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
2    Sec. 19-12.1. Any qualified elector who has secured an
3Illinois Person with a Disability Identification Card in
4accordance with the Illinois Identification Card Act,
5indicating that the person named thereon has a Class 1A or
6Class 2 disability or any qualified voter who has a permanent
7physical incapacity of such a nature as to make it improbable
8that he will be able to be present at the polls at any future
9election, or any voter who is a resident of (i) a federally
10operated veterans' home, hospital, or facility located in
11Illinois or (ii) a facility licensed or certified pursuant to
12the Nursing Home Care Act, the Specialized Mental Health
13Rehabilitation Act, or the ID/DD Community Care Act and has a
14condition or disability of such a nature as to make it
15improbable that he will be able to be present at the polls at
16any future election, may secure a disabled voter's or nursing
17home resident's identification card, which will enable him to
18vote under this Article as a physically incapacitated or
19nursing home voter. For the purposes of this Section,
20"federally operated veterans' home, hospital, or facility"
21means the long-term care facilities at the Jesse Brown VA
22Medical Center, Illiana Health Care System, Edward Hines, Jr.
23VA Hospital, Marion VA Medical Center, and Captain James A.
24Lovell Federal Health Care Center.
25    Application for a disabled voter's or nursing home

 

 

HB2948- 27 -LRB098 09166 HLH 39304 b

1resident's identification card shall be made either: (a) in
2writing, with voter's sworn affidavit, to the county clerk or
3board of election commissioners, as the case may be, and shall
4be accompanied by the affidavit of the attending physician
5specifically describing the nature of the physical incapacity
6or the fact that the voter is a nursing home resident and is
7physically unable to be present at the polls on election days;
8or (b) by presenting, in writing or otherwise, to the county
9clerk or board of election commissioners, as the case may be,
10proof that the applicant has secured an Illinois Person with a
11Disability Identification Card indicating that the person
12named thereon has a Class 1A or Class 2 disability. Upon the
13receipt of either the sworn-to application and the physician's
14affidavit or proof that the applicant has secured an Illinois
15Person with a Disability Identification Card indicating that
16the person named thereon has a Class 1A or Class 2 disability,
17the county clerk or board of election commissioners shall issue
18a disabled voter's or nursing home resident's identification
19card. Such identification cards shall be issued for a period of
205 years, upon the expiration of which time the voter may secure
21a new card by making application in the same manner as is
22prescribed for the issuance of an original card, accompanied by
23a new affidavit of the attending physician. The date of
24expiration of such five-year period shall be made known to any
25interested person by the election authority upon the request of
26such person. Applications for the renewal of the identification

 

 

HB2948- 28 -LRB098 09166 HLH 39304 b

1cards shall be mailed to the voters holding such cards not less
2than 3 months prior to the date of expiration of the cards.
3    Each disabled voter's or nursing home resident's
4identification card shall bear an identification number, which
5shall be clearly noted on the voter's original and duplicate
6registration record cards. In the event the holder becomes
7physically capable of resuming normal voting, he must surrender
8his disabled voter's or nursing home resident's identification
9card to the county clerk or board of election commissioners
10before the next election.
11    The holder of a disabled voter's or nursing home resident's
12identification card may make application by mail for an
13official ballot within the time prescribed by Section 19-2.
14Such application shall contain the same information as is
15included in the form of application for ballot by a physically
16incapacitated elector prescribed in Section 19-3 except that it
17shall also include the applicant's disabled voter's
18identification card number and except that it need not be sworn
19to. If an examination of the records discloses that the
20applicant is lawfully entitled to vote, he shall be mailed a
21ballot or ballots as provided in Section 19-4 and, if
22applicable, in Section 19-4.5. The ballot envelope shall be the
23same as that prescribed in Section 19-5 for physically disabled
24voters, and the manner of voting and returning the ballot shall
25be the same as that provided in this Article for other absentee
26ballots, except that a statement to be subscribed to by the

 

 

HB2948- 29 -LRB098 09166 HLH 39304 b

1voter but which need not be sworn to shall be placed on the
2ballot envelope in lieu of the affidavit prescribed by Section
319-5.
4    Any person who knowingly subscribes to a false statement in
5connection with voting under this Section shall be guilty of a
6Class A misdemeanor.
7    For the purposes of this Section, "nursing home resident"
8includes a resident of (i) a federally operated veterans' home,
9hospital, or facility located in Illinois or (ii) a facility
10licensed under the ID/DD Community Care Act or the Specialized
11Mental Health Rehabilitation Act. For the purposes of this
12Section, "federally operated veterans' home, hospital, or
13facility" means the long-term care facilities at the Jesse
14Brown VA Medical Center, Illiana Health Care System, Edward
15Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
16James A. Lovell Federal Health Care Center.
17(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
18eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12;
1997-1064, eff. 1-1-13.)
 
20    (10 ILCS 5/20-3)  (from Ch. 46, par. 20-3)
21    Sec. 20-3. The election authority shall furnish the
22following applications for absentee registration or absentee
23ballot which shall be considered a method of application in
24lieu of the official postcard.
25    1. Members of the United States Service, citizens of the

 

 

HB2948- 30 -LRB098 09166 HLH 39304 b

1United States temporarily residing outside the territorial
2limits of the United States, and certified program participants
3under the Address Confidentiality for Victims of Domestic
4Violence Act may make application within the periods prescribed
5in Sections 20-2 or 20-2.1, as the case may be. Such
6application shall be substantially in the following form:
7
"APPLICATION FOR BALLOT
8    To be voted at the............ election in the precinct in
9which is located my residence at..............., in the
10city/village/township of ............(insert home address)
11County of........... and State of Illinois.
12    I state that I am a citizen of the United States; that on
13(insert date of election) I shall have resided in the State of
14Illinois and in the election precinct for 30 days; that on the
15above date I shall be the age of 18 years or above; that I am
16lawfully entitled to vote in such precinct at that election;
17that I am (check category 1, 2, or 3 below):
18    1.  ( ) a member of the United States Service,
19    2.  ( ) a citizen of the United States temporarily residing
20outside the territorial limits of the United States and that I
21expect to be absent from the said county of my residence on the
22date of holding such election, and that I will have no
23opportunity to vote in person on that day.
24    3.  ( ) a certified program participant under the Address
25Confidentiality for Victims of Domestic Violence Act.
26    I hereby make application for an official ballot or ballots

 

 

HB2948- 31 -LRB098 09166 HLH 39304 b

1to be voted by me at such election if I am absent from the said
2county of my residence, and I agree that I shall return said
3ballot or ballots to the election authority postmarked no later
4than midnight preceding election day, for counting no later
5than during the period for counting provisional ballots, the
6last day of which is the 14th day following election day or
7shall destroy said ballot or ballots.
8    (Check below only if category 2 or 3 and not previously
9registered)
10    (  ) I hereby make application to become registered as a
11voter and agree to return the forms and affidavits for
12registration to the election authority not later than 30 days
13before the election.
14    Under penalties as provided by law pursuant to Article 29
15of The Election Code, the undersigned certifies that the
16statements set forth in this application are true and correct.
17
.........................
18    Post office address or service address to which
19registration materials or ballot should be mailed
20
.........................
21
.........................
22
.........................
23
........................"
24    If application is made for a primary election ballot, such
25application shall designate the name of the political party
26with which the applicant is affiliated.

 

 

HB2948- 32 -LRB098 09166 HLH 39304 b

1    Such applications may be obtained from the election
2authority having jurisdiction over the person's precinct of
3residence.
4    2. A spouse or dependent of a member of the United States
5Service, said spouse or dependent being a registered voter in
6the county, may make application on behalf of said person in
7the office of the election authority within the periods
8prescribed in Section 20-2 which shall be substantially in the
9following form:
10"APPLICATION FOR BALLOT to be voted at the........... election
11in the precinct in which is located the residence of the person
12for whom this application is made at.............(insert
13residence address) in the city/village/township of.........
14County of.......... and State of Illinois.
15    I certify that the following named person................
16(insert name of person) is a member of the United States
17Service.
18    I state that said person is a citizen of the United States;
19that on (insert date of election) said person shall have
20resided in the State of Illinois and in the election precinct
21for which this application is made for 30 days; that on the
22above date said person shall be the age of 18 years or above;
23that said person is lawfully entitled to vote in such precinct
24at that election; that said person is a member of the United
25States Service, and that in the course of his duties said
26person expects to be absent from his county of residence on the

 

 

HB2948- 33 -LRB098 09166 HLH 39304 b

1date of holding such election, and that said person will have
2no opportunity to vote in person on that day.
3    I hereby make application for an official ballot or ballots
4to be voted by said person at such election and said person
5agrees that he shall return said ballot or ballots to the
6election authority postmarked no later than midnight preceding
7election day, for counting no later than during the period for
8counting provisional ballots, the last day of which is the 14th
9day following election day, or shall destroy said ballot or
10ballots.
11    I hereby certify that I am the (mother, father, sister,
12brother, husband or wife) of the said elector, and that I am a
13registered voter in the election precinct for which this
14application is made. (Strike all but one that is applicable.)
15    Under penalties as provided by law pursuant to Article 29
16of The Election Code, the undersigned certifies that the
17statements set forth in this application are true and correct.
18
Name of applicant ......................
19
Residence address ........................
20
City/village/township........................
21    Service address to which ballot should be mailed:
22
.........................
23
.........................
24
.........................
25
........................"
26    If application is made for a primary election ballot, such

 

 

HB2948- 34 -LRB098 09166 HLH 39304 b

1application shall designate the name of the political party
2with which the person for whom application is made is
3affiliated.
4    Such applications may be obtained from the election
5authority having jurisdiction over the voting precinct in which
6the person for whom application is made is entitled to vote.
7(Source: P.A. 96-312, eff. 1-1-10.)
 
8    (10 ILCS 5/20-4.5 new)
9    Sec. 20-4.5. Primary ballots.
10    (a) A person entitled to vote by absentee ballot at a
11primary shall not be required to declare his or her political
12party affiliation and shall be provided with the ballots of all
13established political parties nominating candidates for
14offices for which the absentee voter is entitled to vote at
15that primary. That absentee voter may mark, cast, and have
16counted the primary ballot of only one established political
17party, except that he or she may mark, cost, and have counted
18the primary ballots of a statewide established political party
19and a local political party established only within a political
20subdivision as provided in subsection (b) of Section 7-44.
21    (b) With respect to the marking, casting, and counting of
22primary ballots, absentee voting shall be conducted in
23accordance with Sections 7-43 and 7-44 of this Code as well as
24the provisions of this Article.
25    (c) When voting absentee at a primary, the voter shall be

 

 

HB2948- 35 -LRB098 09166 HLH 39304 b

1instructed to discard or otherwise destroy any ballots of
2political parties that the voter does not intend to cast. Such
3a discarded or destroyed ballot or ballots is not the ballot or
4ballots the voter agreed in the absentee ballot application to
5return to the election authority.
6    If a voter subject to this subsection returns to the
7election authority the ballot of more than one established
8political party, the judges of election shall determine which
9votes to count as provided in subsection (b) of Section 7-44.
 
10    (10 ILCS 5/20-5)  (from Ch. 46, par. 20-5)
11    Sec. 20-5. The election authority shall fold the ballot or
12ballots in the manner specified by the statute for folding
13ballots prior to their deposit in the ballot box and shall
14enclose such ballot in an envelope unsealed to be furnished by
15it, which envelope shall bear upon the face thereof the name,
16official title and post office address of the election
17authority, and upon the other side of such envelope there shall
18be printed a certification in substantially the following form:
19
"CERTIFICATION
20    I state that I am a resident/former resident of the .......
21precinct of the city/village/township of ............,
22(Designation to be made by Election Authority) or of the ....
23ward in the city of ........... (Designation to be made by
24Election Authority) residing at ................ in said
25city/village/township in the county of ........... and State of

 

 

HB2948- 36 -LRB098 09166 HLH 39304 b

1Illinois; that I am a
2    1.  (  ) member of the United States Service
3    2.  (  ) citizen of the United States temporarily residing
4outside the territorial limits of the United States
5    3. ( ) nonresident civilian citizen
6and desire to cast the enclosed ballot pursuant to Article 20
7of The Election Code; that I am lawfully entitled to vote in
8such precinct at the ........... election to be held on
9............
10    I further state that I marked the enclosed ballot in
11secret.
12    Under penalties as provided by law pursuant to Article 29
13of The Election Code, the undersigned certifies that the
14statements set forth in this certification are true and
15correct.
16
...............(Name)
17
.....................
18
(Service Address)"
19
.....................
20
.....................
21
.....................
22    If the ballot enclosed is to be voted at a primary
23election, the certification shall designate the name of the
24political party with which the voter is affiliated.
25    In addition to the above, the election authority shall
26provide printed slips giving full instructions regarding the

 

 

HB2948- 37 -LRB098 09166 HLH 39304 b

1manner of completing the forms and affidavits for absentee
2registration or the manner of marking and returning the ballot
3in order that the same may be counted, and shall furnish one of
4the printed slips to each of the applicants at the same time
5the registration materials or ballot is delivered to him.
6    In addition to the above, if a ballot to be provided to an
7elector pursuant to this Section contains a public question
8described in subsection (b) of Section 28-6 and the territory
9concerning which the question is to be submitted is not
10described on the ballot due to the space limitations of such
11ballot, the election authority shall provide a printed copy of
12a notice of the public question, which shall include a
13description of the territory in the manner required by Section
1416-7. The notice shall be furnished to the elector at the same
15time the ballot is delivered to the elector.
16    The envelope in which such registration or such ballot is
17mailed to the voter as well as the envelope in which the
18registration materials or the ballot is returned by the voter
19shall have printed across the face thereof two parallel
20horizontal red bars, each one-quarter inch wide, extending from
21one side of the envelope to the other side, with an intervening
22space of one-quarter inch, the top bar to be one and
23one-quarter inches from the top of the envelope, and with the
24words "Official Election Balloting Material-VIA AIR MAIL"
25between the bars. In the upper right corner of such envelope in
26a box, there shall be printed the words: "U.S. Postage Paid 42

 

 

HB2948- 38 -LRB098 09166 HLH 39304 b

1USC 1973". All printing on the face of such envelopes shall be
2in red, including an appropriate inscription or blank in the
3upper left corner of return address of sender.
4    The envelope in which the ballot is returned to the
5election authority may be delivered (i) by mail, postage paid,
6(ii) in person, by the spouse, parent, child, brother, or
7sister of the voter, or (iii) by a company engaged in the
8business of making deliveries of property and licensed as a
9motor carrier of property by the Illinois Commerce Commission
10under the Illinois Commercial Transportation Law.
11    Election authorities transmitting ballots by facsimile or
12electronic transmission shall, to the extent possible, provide
13those applicants with the same instructions, certification,
14and other materials required when sending by mail.
15(Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
 
16    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)
17    Sec. 20-8. Time and place of counting ballots.
18    (a) (Blank.)
19    (b) Each absent voter's ballot returned to an election
20authority, by any means authorized by this Article, and
21received by that election authority before the closing of the
22polls on election day shall be endorsed by the receiving
23election authority with the day and hour of receipt and shall
24be counted in the central ballot counting location of the
25election authority on the day of the election after 7:00 p.m.,

 

 

HB2948- 39 -LRB098 09166 HLH 39304 b

1except as provided in subsections (g) and (g-5).
2    (c) Each absent voter's ballot that is mailed to an
3election authority and postmarked by the midnight preceding the
4opening of the polls on election day, but that is received by
5the election authority after the polls close on election day
6and before the close of the period for counting provisional
7ballots cast at that election, shall be endorsed by the
8receiving authority with the day and hour of receipt and shall
9be counted at the central ballot counting location of the
10election authority during the period for counting provisional
11ballots.
12    Each absent voter's ballot that is mailed to an election
13authority absent a postmark, but that is received by the
14election authority after the polls close on election day and
15before the close of the period for counting provisional ballots
16cast at that election, shall be endorsed by the receiving
17authority with the day and hour of receipt, opened to inspect
18the date inserted on the certification, and, if the
19certification date is a date preceding the election day and the
20ballot is otherwise found to be valid under the requirements of
21this Section, counted at the central ballot counting location
22of the election authority during the period for counting
23provisional ballots. Absent a date on the certification, the
24ballot shall not be counted.
25    (d) Special write-in absentee voter's blank ballots
26returned to an election authority, by any means authorized by

 

 

HB2948- 40 -LRB098 09166 HLH 39304 b

1this Article, and received by the election authority at any
2time before the closing of the polls on election day shall be
3endorsed by the receiving election authority with the day and
4hour of receipt and shall be counted at the central ballot
5counting location of the election authority during the same
6period provided for counting absent voters' ballots under
7subsections (b), (g), and (g-5). Special write-in absentee
8voter's blank ballot that are mailed to an election authority
9and postmarked by midnight preceding the opening of the polls
10on election day, but that are received by the election
11authority after the polls close on election day and before the
12closing of the period for counting provisional ballots cast at
13that election, shall be endorsed by the receiving authority
14with the day and hour of receipt and shall be counted at the
15central ballot counting location of the election authority
16during the same periods provided for counting absent voters'
17ballots under subsection (c).
18    (e) Except as otherwise provided in this Section, absent
19voters' ballots and special write-in absentee voter's blank
20ballots received by the election authority after the closing of
21the polls on the day of election shall be endorsed by the
22person receiving the ballots with the day and hour of receipt
23and shall be safely kept unopened by the election authority for
24the period of time required for the preservation of ballots
25used at the election, and shall then, without being opened, be
26destroyed in like manner as the used ballots of that election.

 

 

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1    (f) Counting required under this Section to begin on
2election day after the closing of the polls shall commence no
3later than 8:00 p.m. and shall be conducted by a panel or
4panels of election judges appointed in the manner provided by
5law. The counting shall continue until all absent voters'
6ballots and special write-in absentee voter's blank ballots
7required to be counted on election day have been counted.
8    (g) The procedures set forth in Articles 17 and 18 and,
9with respect to primaries, in Section 20-4.5 of this Code shall
10apply to all ballots counted under this Section. In addition,
11within 2 days after a ballot subject to this Article is
12received, but in all cases before the close of the period for
13counting provisional ballots, the election judge or official
14shall compare the voter's signature on the certification
15envelope of that ballot with the signature of the voter on file
16in the office of the election authority. If the election judge
17or official determines that the 2 signatures match, and that
18the voter is otherwise qualified to cast a ballot under this
19Article, the election authority shall cast and count the ballot
20on election day or the day the ballot is determined to be
21valid, whichever is later, adding the results to the precinct
22in which the voter is registered. If the election judge or
23official determines that the signatures do not match, or that
24the voter is not qualified to cast a ballot under this Article,
25then without opening the certification envelope, the judge or
26official shall mark across the face of the certification

 

 

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1envelope the word "Rejected" and shall not cast or count the
2ballot.
3    In addition to the voter's signatures not matching, a
4ballot subject to this Article may be rejected by the election
5judge or official:
6        (1) if the ballot envelope is open or has been opened
7    and resealed;
8        (2) if the voter has already cast an early or grace
9    period ballot;
10        (3) if the voter voted in person on election day or the
11    voter is not a duly registered voter in the precinct; or
12        (4) on any other basis set forth in this Code.
13    If the election judge or official determines that any of
14these reasons apply, the judge or official shall mark across
15the face of the certification envelope the word "Rejected" and
16shall not cast or count the ballot.
17    (g-5) If a ballot subject to this Article is rejected by
18the election judge or official for any reason, the election
19authority shall, within 2 days after the rejection but in all
20cases before the close of the period for counting provisional
21ballots, notify the voter that his or her ballot was rejected.
22The notice shall inform the voter of the reason or reasons the
23ballot was rejected and shall state that the voter may appear
24before the election authority, on or before the 14th day after
25the election, to show cause as to why the ballot should not be
26rejected. The voter may present evidence to the election

 

 

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1authority supporting his or her contention that the ballot
2should be counted. The election authority shall appoint a panel
3of 3 election judges to review the contested ballot,
4application, and certification envelope, as well as any
5evidence submitted by the absentee voter. No more than 2
6election judges on the reviewing panel shall be of the same
7political party. The reviewing panel of election judges shall
8make a final determination as to the validity of the contested
9ballot. The judges' determination shall not be reviewable
10either administratively or judicially.
11    A ballot subject to this subsection that is determined to
12be valid shall be counted before the close of the period for
13counting provisional ballots.
14    (g-10) All ballots determined to be valid shall be added to
15the vote totals for the precincts for which they were cast in
16the order in which the ballots were opened.
17    (h) Each political party, candidate, and qualified civic
18organization shall be entitled to have present one pollwatcher
19for each panel of election judges therein assigned.
20(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2195-699, eff. 11-9-07.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.