Full Text of HB4065 93rd General Assembly
HB4065 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4065
Introduced 01/15/04, by John A. Fritchey, David E. Miller, Sara Feigenholtz SYNOPSIS AS INTRODUCED:
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10 ILCS 5/3-5 |
from Ch. 46, par. 3-5 |
10 ILCS 5/19-1 |
from Ch. 46, par. 19-1 |
10 ILCS 5/19-2 |
from Ch. 46, par. 19-2 |
10 ILCS 5/19-5 |
from Ch. 46, par. 19-5 |
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Amends the Election Code. Specifies that confinement or detention in a jail
or prison pending acquittal or conviction of a crime is not a disqualification
for voting. Makes such confinement or detention a specified reason for absentee
voting.
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A BILL FOR
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HB4065 |
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LRB093 18377 JAM 44084 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | | 5 |
| Sections 3-5, 19-1,
19-2, and 19-5 as follows:
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| (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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| Sec. 3-5. No person who has been legally convicted, in this
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| or another State or in any federal court, of any crime, and
is | | 9 |
| serving a sentence of confinement in any penal institution,
or | | 10 |
| who has been convicted under any section of this Act and is
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| serving a sentence of confinement in any penal institution,
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| shall vote, offer to vote, attempt to vote or be permitted
to | | 13 |
| vote at any election until his release from confinement.
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| Confinement for purposes of this Section shall include any
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| person convicted and imprisoned but granted a furlough as
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| provided by Section 3-11-1 of the "Unified Code of | | 17 |
| Corrections",
or admitted to a work release program as provided | | 18 |
| by Section
3-13-2 of the "Unified Code of Corrections". | | 19 |
| Confinement shall
not include any person convicted and | | 20 |
| imprisoned but released on parole.
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| Confinement or detention in a jail or prison pending | | 22 |
| acquittal or
conviction of a crime is not a disqualification | | 23 |
| for voting.
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| (Source: P.A. 80-699.)
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| (10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
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| Sec. 19-1. Any qualified elector of the State of Illinois | | 27 |
| having
duly registered where such registration is required who | | 28 |
| expects to be
absent from the county in which he is a qualified | | 29 |
| elector or who because
of being appointed a judge of election | | 30 |
| in a precinct other than the
precinct in which he resides or | | 31 |
| who because of physical incapacity or
the tenets of his |
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HB4065 |
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LRB093 18377 JAM 44084 b |
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| religion in the observance of a religious holiday or
who | | 2 |
| because of election duties for the office of an Election | | 3 |
| Authority
or the State Board of Elections or who because of | | 4 |
| election duties for a
law enforcement agency, including but not | | 5 |
| limited to the offices of the
Attorney General, a State's | | 6 |
| Attorney, a United States Attorney, or a
State, county, or | | 7 |
| municipal police department, or who, because he is
temporarily | | 8 |
| abiding outside the precinct in which he is registered to vote
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| due to the fact he is a student attending an institution of | | 10 |
| higher
education or who is serving as a sequestered juror on a | | 11 |
| State or federal jury,
or who because of his or her confinement | | 12 |
| or
detention in a jail or prison pending acquittal or | | 13 |
| conviction of a crime,
will be unable to be present at
the | | 14 |
| polls on the day of holding any special, general or
primary | | 15 |
| election at which any presidential preference is indicated or
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| any candidates are chosen or elected, for any congressional, | | 17 |
| State,
district, county, town, city, village, precinct or | | 18 |
| judicial offices or
at which questions of public policy are | | 19 |
| submitted, may vote at such
election as hereinafter in this | | 20 |
| Article provided.
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| Each Election Authority, law enforcement agency, and the | | 22 |
| State Board
of Elections shall compile and keep current a list | | 23 |
| of his or its
officers or employees who are eligible to vote | | 24 |
| under this Article by
reason of election duties.
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| For purposes of this Article 19, a physically incapacitated | | 26 |
| voter marks
his or her ballot "personally" when the voter | | 27 |
| exercises his or her physical
abilities to their reasonable | | 28 |
| limit in marking the ballot, and marking
personally may include | | 29 |
| instructing the person assisting the incapacitated
voter when | | 30 |
| giving such instruction represents the reasonable limit of the
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| physical abilities.
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| (Source: P.A. 86-873; 86-875; 86-1028.)
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| (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
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| Sec. 19-2. Any elector as defined in Section 19-1 expecting | | 35 |
| to be
absent from the county of his residence or any such |
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LRB093 18377 JAM 44084 b |
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| elector who because
of being appointed a judge of election in a | | 2 |
| precinct other than the
precinct in which he resides or who | | 3 |
| because of physical incapacity or
the tenets of his religion in | | 4 |
| the observance of a religious holiday or
who because of | | 5 |
| election duties for the office of an Election Authority,
the | | 6 |
| State Board of Elections, or a law enforcement
agency, or who | | 7 |
| because of his or her confinement or
detention in a jail or | | 8 |
| prison pending acquittal or conviction of a crime,
will be | | 9 |
| unable to be present at the polls on the day of such
election | | 10 |
| may by mail, not more than 40 nor less than 5 days prior to the
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| date of such election, or by personal delivery not more than 40 | | 12 |
| nor less
than one day prior to the date of such election, make | | 13 |
| application to the
county clerk or to the Board of Election | | 14 |
| Commissioners for an official
ballot for the voter's precinct | | 15 |
| to be voted at such election.
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| (Source: P.A. 84-808.)
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| (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
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| Sec. 19-5. It shall be the duty of the election authority | | 19 |
| to fold the
ballot or ballots in the manner specified by the | | 20 |
| statute for folding
ballots prior to their deposit in the | | 21 |
| ballot box, and to enclose such
ballot or ballots in an | | 22 |
| envelope unsealed to be furnished by him, which
envelope shall | | 23 |
| bear upon the face thereof the name, official title and
post | | 24 |
| office address of the election authority, and upon the other | | 25 |
| side
if the ballot is to go to an elector who is to be out of | | 26 |
| the county on
the day of the election a printed certification | | 27 |
| in substantially the
following form:
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| I state that I am a resident of the .... precinct of the | | 29 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | | 30 |
| the city of
.... residing at .... in such city or town in the | | 31 |
| county of .... and
State of Illinois, that I have lived at such | | 32 |
| address for .... months
last past; that I am lawfully entitled | | 33 |
| to vote in such precinct at the
.... election to be held on | | 34 |
| ....; and I expect to be absent from the
county of my residence | | 35 |
| on the date of such election.
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HB4065 |
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LRB093 18377 JAM 44084 b |
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| *fill in either (1), (2) or (3).
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| I further state that I personally marked the enclosed | | 3 |
| ballot in secret.
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| Under penalties of perjury as provided by law pursuant to | | 5 |
| Section 29-10
of The Election Code, the undersigned certifies | | 6 |
| that the statements set
forth in this certification are true | | 7 |
| and correct.
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| .......................
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| If the ballot is to go to an elector who is physically | | 10 |
| incapacitated
the envelope shall bear upon the back thereof a | | 11 |
| certification in
substantially the following form:
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| I state that I am a resident of the .... precinct of the | | 13 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | | 14 |
| the city of
.... residing at .... in such city or town in the | | 15 |
| county of .... and
State of Illinois, that I have lived at such | | 16 |
| address for .... months
last past; that I am lawfully entitled | | 17 |
| to vote in such precinct at the
.... election to be held on | | 18 |
| ....; that I shall be physically incapable
of being present at | | 19 |
| the polls of such precinct on the date of holding
such | | 20 |
| election.
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| *fill in either (1), (2) or (3).
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| I further state that I personally marked the enclosed | | 23 |
| ballot in secret.
If I received assistance in casting my | | 24 |
| ballot, I further attest that, due
to physical incapacity, I | | 25 |
| marked the enclosed
ballot in secret with the assistance of
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| .................................
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| (Individual rendering assistance)
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| .................................
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| (Residence Address)
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| 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.
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| .......................
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| In the case of a voter who is voting absentee by reason of | | 36 |
| physical
incapacity, marking a ballot in secret includes |
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| marking a ballot with the
assistance of another individual, | | 2 |
| other than a candidate
whose name appears on the ballot (unless | | 3 |
| the voter is the spouse or a
parent, child, brother, or sister | | 4 |
| of the candidate),
the voter's employer, an
agent of that | | 5 |
| employer or an officer or agent of the voter's union, when
the | | 6 |
| voter's physical incapacity necessitates such assistance.
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| If the ballot is to go to an elector who is unable to be | | 8 |
| present at
the polls on the date of the election because of the | | 9 |
| observance of a
religious holiday, the envelope shall bear upon | | 10 |
| the back thereof a
certification in substantially the following | | 11 |
| form:
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| 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 said city or town in the | | 15 |
| county of .... and
State of Illinois, that I have lived at such | | 16 |
| address for .... months
last past; that I am lawfully entitled | | 17 |
| to vote in such precinct at the
.... election to be held on | | 18 |
| ....; that I shall be unable to be present
at the polls of such | | 19 |
| precinct on the date of holding such election
because of the | | 20 |
| tenets of my religion in the observance of a religious
holiday.
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| *fill in either (1), (2) or (3).
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| I further state that I personally marked the enclosed | | 23 |
| ballot in secret.
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| Under penalties of perjury as provided by law pursuant to | | 25 |
| Section 29-10
of The Election Code, the undersigned certifies | | 26 |
| that the statements set
forth in this certification are true | | 27 |
| and correct.
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| ......................
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| If the ballot is to go to an elector who is unable to be | | 30 |
| present at the
polls on the date of the election because he or | | 31 |
| she is confined or detained in
jail or prison pending acquittal | | 32 |
| or conviction of a crime, the envelope shall
bear upon the back | | 33 |
| thereof a certification in substantially the following form:
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| I state that I am a resident of the .... precinct of the | | 35 |
| (1) *township of
.... (2) *City of.... or (3) *.... ward in the | | 36 |
| city of .... residing at .... in
that city or town in the |
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| county of .... and State of Illinois, that I have
lived at such | | 2 |
| address for .... months last past; that I am lawfully entitled | | 3 |
| to
vote in such precinct at the .... election to be held on | | 4 |
| ....; that I shall be
unable to be present at the polls of such | | 5 |
| precinct on the date of holding such
election because of my | | 6 |
| confinement or detention in jail or prison pending
acquittal or | | 7 |
| conviction of a crime.
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| *fill in either (1), (2) or (3).
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| I further state that I personally marked the enclosed | | 10 |
| ballot in secret.
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| Under penalties of perjury as provided by law pursuant to | | 12 |
| Section 29-10 of
The Election Code, the undersigned certified | | 13 |
| that the statements set forth in
this certification are true | | 14 |
| and correct.
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| ......................
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| If the ballot is to go to an elector who is temporarily | | 17 |
| abiding outside
the precinct in which he is registered to vote | | 18 |
| due to the fact he is a
student attending an institution of | | 19 |
| higher education the envelope shall
bear upon the back thereof | | 20 |
| a certification in substantially the following form:
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| I state that I am a resident of the .... precinct of the | | 22 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | | 23 |
| the city of
.... residing at .... in such city or town in the | | 24 |
| county of .... and
State of Illinois, that I have lived at such | | 25 |
| address for .... months
last past; that I am lawfully entitled | | 26 |
| to vote in such precinct at the
.... election to be held on | | 27 |
| ....; and I expect to be absent from the
precinct of my | | 28 |
| residence on the date of such election because I am
temporarily | | 29 |
| abiding outside such precinct in the (1) *township of .... (2)
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| *city of .... in the county of .... and State of .... due to the | | 31 |
| fact I am
a student attending an institution of higher | | 32 |
| education.
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| *fill in either (1), (2) or (3).
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| I further state that I personally marked the enclosed | | 35 |
| ballot in secret.
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| Under penalties of perjury as provided by law pursuant to |
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LRB093 18377 JAM 44084 b |
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| Section 29-10
of The Election Code, the undersigned certifies | | 2 |
| that the statements set
forth in this certification are true | | 3 |
| and correct.
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| .......................
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| If the election authority adopts the standard absentee | | 6 |
| ballot application
blank provided in Section 19-3, the printed | | 7 |
| certification on the absentee
ballot envelope shall be in | | 8 |
| substantially the following form:
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| I state that I am a resident of the ...... precinct of the | | 10 |
| (1) *township
of..... (2) *City of ..... or (3) *....... ward | | 11 |
| in the city of .......
residing at ..... in said city or town | | 12 |
| in the county of ...... and State
of Illinois, that I have | | 13 |
| lived at such address for .... months last past;
that I shall | | 14 |
| be unable to be present at the polls of such precinct on the
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| date of holding such election for the reason indicated on the | | 16 |
| application
for ballot enclosed herein.
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| *fill in either (1), (2) or (3).
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| I further state that I personally marked the enclosed | | 19 |
| ballot in secret.
If I received assistance in casting my | | 20 |
| ballot, I further attest that, due
to physical incapacity, I | | 21 |
| marked the enclosed
ballot in secret with the assistance of
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| .................................
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| (Individual rendering assistance)
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| .................................
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| (Residence Address)
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| Under penalties of perjury provided by law pursuant to | | 27 |
| Section 29-10 of the
Election
Code, the undersigned certifies | | 28 |
| that the statements set forth in this
certification are true | | 29 |
| and correct.
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| .......................
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| In the case of a voter who is voting absentee by reason of | | 32 |
| physical
incapacity, marking a ballot in secret includes | | 33 |
| marking a ballot with the
assistance of another individual, | | 34 |
| other than a candidate
whose name appears on the ballot (unless | | 35 |
| the voter is the spouse or a
parent, child, brother, or sister | | 36 |
| of the candidate), the voter's
employer, an
agent of that |
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| employer, or an officer or agent of the voter's union, when
the | | 2 |
| voter's physical incapacity necessitates such assistance.
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| Provided, that if the ballot enclosed is to be voted at a | | 4 |
| primary
election, the certification shall designate the name of | | 5 |
| the political
party with which the voter is affiliated.
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| In addition to the above, the election authority shall | | 7 |
| provide
printed slips giving full instructions regarding the | | 8 |
| manner of marking
and returning the ballot in order that the | | 9 |
| same may be counted, and
shall furnish one of such printed | | 10 |
| slips to each of such applicants at
the same time the ballot is | | 11 |
| delivered to him.
Such instructions shall include the following | | 12 |
| statement: "In signing the
certification on the absentee ballot | | 13 |
| envelope, you are attesting that you
personally marked this | | 14 |
| absentee ballot in secret. If you are physically
unable to mark | | 15 |
| the ballot, a friend or relative may assist you after
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| completing the enclosed affidavit. Federal and State laws | | 17 |
| prohibit a
candidate whose name appears on the ballot (unless | | 18 |
| you
are the spouse or a parent, child, brother, or sister of | | 19 |
| the candidate), your
employer, your employer's agent or an | | 20 |
| officer or agent of your union
from assisting physically | | 21 |
| disabled voters."
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| In addition to the above, if a ballot to be provided to an | | 23 |
| elector
pursuant to this Section contains a public question | | 24 |
| described in subsection
(b) of Section 28-6 and the territory | | 25 |
| concerning which the question is
to be submitted is not | | 26 |
| described on the ballot due to the space limitations
of such | | 27 |
| ballot, the election authority shall provide a printed copy of
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| a notice of the public question, which shall include a | | 29 |
| description of the
territory in the manner required by Section | | 30 |
| 16-7. The notice shall be
furnished to the elector at the same | | 31 |
| time the ballot is delivered to the
elector.
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| (Source: P.A. 89-653, eff. 8-14-96.)
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