Full Text of HB2299 98th General Assembly
HB2299 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2299 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/19-4 | from Ch. 46, par. 19-4 | 10 ILCS 5/19-12.2 | from Ch. 46, par. 19-12.2 | 10 ILCS 5/20-13 | from Ch. 46, par. 20-13 | 10 ILCS 5/20-13.1 | from Ch. 46, par. 20-13.1 |
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Amends the Election Code. Provides that an application for absentee ballot must be received by the election authority not less than 7 days (now, 5 days) prior to the election. Provides that a proper application to vote on the premises of a licensed nursing home must be made to the election authority not later than 7 days (now, 5 days) prior to the election. Provides that a special application by a non-registered resident temporarily absent from the county for an absentee ballot to vote for president and vice-president only must be made to the election authority not less than 7 days (now, 5 days) before the election. Effective immediately.
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| | A BILL FOR |
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| 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 19-4, 19-12.2, 20-13, and 20-13.1 as follows:
| 6 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 7 | | Sec. 19-4. Mailing or delivery of ballots - Time.) | 8 | | Immediately upon
the receipt of such application either by | 9 | | mail, not more than 40 days
nor less than 7 5 days prior to such | 10 | | election, or by personal delivery not
more than 40 days nor | 11 | | less than one day prior to such election, at the
office of such | 12 | | election authority, it shall be the duty of such election
| 13 | | authority to examine the records to ascertain whether or not | 14 | | such
applicant is lawfully entitled to vote as
requested, | 15 | | including a verification of the applicant's signature by | 16 | | comparison with the signature on the official registration | 17 | | record card, and if found so to be entitled to vote, to post | 18 | | within one business day thereafter
the name, street address,
| 19 | | ward and precinct number or township and district number, as | 20 | | the case may be,
of such applicant given on a list, the pages | 21 | | of which are to be numbered
consecutively to be kept by such | 22 | | election authority for such purpose in a
conspicuous, open and | 23 | | public place accessible to the public at the entrance of
the |
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| 1 | | office of such election authority, and in such a manner that | 2 | | such list may
be viewed without necessity of requesting | 3 | | permission therefor. Within one
day after posting the name and | 4 | | other information of an applicant for
an absentee ballot, the | 5 | | election authority shall transmit that name and other
posted | 6 | | information to the State Board of Elections, which shall | 7 | | maintain those
names and other information in an electronic | 8 | | format on its website, arranged by
county and accessible to | 9 | | State and local political committees. Within 2
business days | 10 | | after posting a name and other information on the list within
| 11 | | its
office, the election authority shall mail,
postage prepaid, | 12 | | or deliver in person in such office an official ballot
or | 13 | | ballots if more than one are to be voted at said election. Mail | 14 | | delivery
of Temporarily Absent Student ballot applications | 15 | | pursuant to Section
19-12.3 shall be by nonforwardable mail. | 16 | | However,
for the consolidated election, absentee ballots for | 17 | | certain precincts may
be delivered to applicants not less than | 18 | | 25 days before the election if
so much time is required to have | 19 | | prepared and printed the ballots containing
the names of | 20 | | persons nominated for offices at the consolidated primary.
The | 21 | | election authority shall enclose with each absentee ballot or
| 22 | | application written instructions on how voting assistance | 23 | | shall be provided
pursuant to Section 17-14 and a document, | 24 | | written and approved by the State
Board of Elections,
| 25 | | enumerating
the circumstances under which a person is | 26 | | authorized to vote by absentee
ballot pursuant to this Article; |
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| 1 | | such document shall also include a
statement informing the | 2 | | applicant that if he or she falsifies or is
solicited by | 3 | | another to falsify his or her
eligibility to cast an absentee | 4 | | ballot, such applicant or other is subject
to
penalties | 5 | | pursuant to Section 29-10 and Section 29-20 of the Election | 6 | | Code.
Each election authority shall maintain a list of the | 7 | | name, street address,
ward and
precinct, or township and | 8 | | district number, as the case may be, of all
applicants who have | 9 | | returned absentee ballots to such authority, and the name of | 10 | | such absent voter shall be added to such list
within one | 11 | | business day from receipt of such ballot.
If the absentee | 12 | | ballot envelope indicates that the voter was assisted in
| 13 | | casting the ballot, the name of the person so assisting shall | 14 | | be included on
the list. The list, the pages of which are to be | 15 | | numbered consecutively,
shall be kept by each election | 16 | | authority in a conspicuous, open, and public
place accessible | 17 | | to the public at the entrance of the office of the election
| 18 | | authority and in a manner that the list may be viewed without | 19 | | necessity of
requesting permission for viewing.
| 20 | | Each election authority shall maintain a list for each | 21 | | election
of the
voters to whom it has issued absentee ballots. | 22 | | The list shall be
maintained for each precinct within the | 23 | | jurisdiction of the election
authority. Prior to the opening of | 24 | | the polls on election day, the
election authority shall deliver | 25 | | to the judges of election in each
precinct the list of | 26 | | registered voters in that precinct to whom absentee
ballots |
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| 1 | | have been issued by mail.
| 2 | | Each election authority shall maintain a list for each | 3 | | election of
voters to whom it has issued temporarily absent | 4 | | student ballots. The list
shall be maintained for each election | 5 | | jurisdiction within which such voters
temporarily abide. | 6 | | Immediately after the close of the period during which
| 7 | | application may be made by mail for absentee ballots, each | 8 | | election
authority shall mail to each other election authority | 9 | | within the State a
certified list of all such voters | 10 | | temporarily abiding within the
jurisdiction of the other | 11 | | election authority.
| 12 | | In the event that the return address of an
application for | 13 | | ballot by a physically incapacitated elector
is that of a | 14 | | facility licensed or certified under the Nursing Home Care
Act, | 15 | | the Specialized Mental Health Rehabilitation Act, or the ID/DD | 16 | | Community Care Act, within the jurisdiction of the election | 17 | | authority, and the applicant
is a registered voter in the | 18 | | precinct in which such facility is located,
the ballots shall | 19 | | be prepared and transmitted to a responsible judge of
election | 20 | | no later than 9 a.m. on the Saturday, Sunday or Monday | 21 | | immediately
preceding the election as designated by the | 22 | | election authority under
Section 19-12.2. Such judge shall | 23 | | deliver in person on the designated day
the ballot to the | 24 | | applicant on the premises of the facility from which
| 25 | | application was made. The election authority shall by mail | 26 | | notify the
applicant in such facility that the ballot will be |
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| 1 | | delivered by a judge of
election on the designated day.
| 2 | | All applications for absentee ballots shall be available at | 3 | | the office
of the election authority for public inspection upon | 4 | | request from the
time of receipt thereof by the election | 5 | | authority until 30 days after the
election, except during the | 6 | | time such applications are kept in the
office of the election | 7 | | authority pursuant to Section 19-7, and except during
the time | 8 | | such applications are in the possession of the judges of | 9 | | election.
| 10 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 11 | | eff. 1-1-12; 97-813, eff. 7-13-12.)
| 12 | | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
| 13 | | Sec. 19-12.2. Voting by physically incapacitated electors | 14 | | who have made
proper application to the election authority not | 15 | | later than 7 5 days before
the regular primary and general | 16 | | election of 1980 and before each election
thereafter shall be | 17 | | conducted on the premises of (i) federally operated veterans' | 18 | | homes, hospitals, and facilities located in Illinois or (ii) | 19 | | facilities licensed or
certified pursuant to the Nursing Home | 20 | | Care Act, the Specialized Mental Health Rehabilitation Act, or | 21 | | the ID/DD Community Care Act for the sole benefit of
residents | 22 | | of such homes, hospitals, and facilities. For the purposes of | 23 | | this Section, "federally operated veterans' home, hospital, or | 24 | | facility" means the long-term care facilities at the Jesse | 25 | | Brown VA Medical Center, Illiana Health Care System, Edward |
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| 1 | | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | 2 | | James A. Lovell Federal Health Care Center. Such voting shall | 3 | | be conducted during any
continuous period sufficient to allow | 4 | | all applicants to cast their ballots
between the hours of 9 | 5 | | a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or | 6 | | Monday immediately preceding the regular election. This | 7 | | absentee voting on
one of said days designated by the election | 8 | | authority shall be supervised by
two election judges who must | 9 | | be selected by the election authority in the
following order of | 10 | | priority: (1) from the panel of judges appointed for the
| 11 | | precinct in which such home, hospital, or facility is located, | 12 | | or from a panel of judges appointed
for any other precinct | 13 | | within the jurisdiction of the election authority in the
same | 14 | | ward or township, as the case may be, in which the home, | 15 | | hospital, or facility is located or,
only in the case where a | 16 | | judge or judges from the precinct, township or ward
are | 17 | | unavailable to serve, (3) from a panel of judges appointed for | 18 | | any other
precinct within the jurisdiction of the election | 19 | | authority. The two judges
shall be from different political | 20 | | parties. Not less than 30 days before each
regular election, | 21 | | the election authority shall have arranged with the chief
| 22 | | administrative officer of each home, hospital, or facility in | 23 | | his or its election jurisdiction a
mutually convenient time | 24 | | period on the Friday, Saturday, Sunday or Monday
immediately | 25 | | preceding the election for such voting on the premises of the | 26 | | home, hospital, or
facility and shall post in a prominent place |
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| 1 | | in his or its office a notice of
the agreed day and time period | 2 | | for conducting such voting at each home, hospital, or facility;
| 3 | | provided that the election authority shall not later than noon | 4 | | on the Thursday
before the election also post the names and | 5 | | addresses of those homes, hospitals, and facilities from
which | 6 | | no applications were received and in which no supervised | 7 | | absentee voting
will be conducted. All provisions of this Code | 8 | | applicable to pollwatchers
shall be applicable herein. To the | 9 | | maximum extent feasible, voting booths or
screens shall be | 10 | | provided to insure the privacy of the voter. Voting procedures
| 11 | | shall be as described in Article 17 of this Code, except that | 12 | | ballots shall be
treated as absentee ballots and shall not be | 13 | | counted until the close of the
polls on the following day. | 14 | | After the last voter has concluded voting, the
judges shall | 15 | | seal the ballots in an envelope and affix their signatures | 16 | | across
the flap of the envelope. Immediately thereafter, the | 17 | | judges
shall bring the sealed envelope to the office of the | 18 | | election authority
who shall deliver such ballots to the | 19 | | election authority's central ballot counting location prior to
| 20 | | the closing of the polls on the day of election. The judges of | 21 | | election shall
also report to the election authority the name | 22 | | of any applicant in the home, hospital, or facility
who, due to | 23 | | unforeseen circumstance or condition or because
of a religious | 24 | | holiday, was unable to vote. In this event, the election
| 25 | | authority may appoint a qualified person from his or its staff | 26 | | to deliver
the ballot to such applicant on the day of election. |
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| 1 | | This staff person
shall follow the same procedures prescribed | 2 | | for judges conducting absentee
voting in such homes, hospitals, | 3 | | or facilities and shall return the ballot to the central ballot | 4 | | counting location before the polls close. However, if the home, | 5 | | hospital, or facility from
which the application was made is | 6 | | also used as a regular precinct polling place
for that voter, | 7 | | voting procedures heretofore prescribed may be implemented by 2
| 8 | | of the election judges of opposite party affiliation assigned | 9 | | to that polling
place during the hours of voting on the day of | 10 | | the election. Judges of election
shall be compensated not less | 11 | | than $25.00 for conducting absentee voting in
such homes, | 12 | | hospitals, or facilities.
| 13 | | Not less than 120 days before each regular election, the | 14 | | Department
of Public Health shall certify to the State Board of | 15 | | Elections a list of
the facilities licensed or certified | 16 | | pursuant to the Nursing Home Care
Act, the Specialized Mental | 17 | | Health Rehabilitation Act, or the ID/DD Community Care Act. The | 18 | | lists shall indicate the approved bed capacity and the name of
| 19 | | the chief administrative officer of each such home, hospital, | 20 | | or facility, and the State Board
of Elections shall certify the | 21 | | same to the appropriate election authority
within 20 days | 22 | | thereafter.
| 23 | | (Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | 24 | | eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12.)
| 25 | | (10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
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| 1 | | Sec. 20-13.
If otherwise qualified to vote, any person not | 2 | | covered by
Sections 20-2, 20-2.1 or 20-2.2 of this Article who | 3 | | is not registered to
vote and who is temporarily absent from | 4 | | his county of residence, may make
special application to the | 5 | | election authority having jurisdiction over
his precinct of | 6 | | permanent residence, not less than 7 5 days
before a | 7 | | presidential election, for an absentee ballot to vote for the
| 8 | | president and vice-president only. Such application shall be | 9 | | furnished by
the election authority and shall be in | 10 | | substantially the following form:
| 11 | | SPECIAL ABSENTEE BALLOT APPLICATION (For use by | 12 | | non-registered Illinois
residents temporarily absent from the | 13 | | county to vote for the president and
vice-president only)
| 14 | | AFFIDAVIT
| 15 | | 1. I hereby request an absentee ballot to vote for the | 16 | | president and
vice-president only ......... (insert date of | 17 | | general election)
| 18 | | 2. I am a citizen of the United States and a permanent | 19 | | resident of Illinois.
| 20 | | 3. I have maintained, and still maintain, a permanent abode | 21 | | in Illinois
for the past .......... years at: .......... | 22 | | (House) .......... (Number)
.......... (Street) .......... | 23 | | (City) .......... (Village) .......... (Town)
| 24 | | 4. I will not be able to regularly register in person as a | 25 | | voter because
.................... (Give reason for temporary | 26 | | absence such as "Student",
"Temporary job transfer", etc.)
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| 1 | | 5. I was born .......... (Month) .......... (Day) | 2 | | .......... (Year) in
.................... (State or County);
| 3 | | 6. To be filled in only by a person who is foreign-born (If | 4 | | answer is
"yes" in either a. or b. below, fill in appropriate | 5 | | information in c.):
| 6 | | a. One or both of my parents were United States citizens at | 7 | | the
time of my birth?
| 8 | | ( ) YES ( ) NO)
| 9 | | b. My United States citizenship was derived through an act | 10 | | of the Congress
of the United States?
| 11 | | ( ) YES ( ) NO
| 12 | | c. The name of the court issuing papers and the date | 13 | | thereof upon which
my United States citizenship was derived is | 14 | | .................... located
in .......... (City) .......... | 15 | | (State) on .......... (Month) ..........
(Day) .......... | 16 | | (Year)
| 17 | | (For persons who derived citizenship through papers issued | 18 | | through a parent
or spouse, fill in the following)
| 19 | | (1) My parents or spouse's name is:
| 20 | | ......... (First) .......... (Middle) .......... (Last)
| 21 | | (2) ........ (Month) .......... (Day) .......... (Year)
| 22 | | is the date of my marriage or my age at which time I | 23 | | derived my citizenship.
| 24 | | 7. I am not registered as a voter in any other county in | 25 | | the State of
Illinois or in any other State.
| 26 | | 8. I am not requesting a ballot from any other place and am |
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| 1 | | not voting
in any other manner in this election and I have not | 2 | | voted and do not intend
to vote in this election at any other | 3 | | address. I request that you mail
my ballot to the following | 4 | | address:
| 5 | | (Print name and complete mailing address)
| 6 | | .........................................
| 7 | | .........................................
| 8 | | .........................................
| 9 | | 9. Under penalties as provided by law pursuant to Article | 10 | | 29 of The
Election Code, the undersigned certifies that the | 11 | | statements set forth in
this application are true and correct.
| 12 | | ......................
| 13 | | Signature of Applicant
| 14 | | The procedures set forth in Sections 20-4 through 20-12 of | 15 | | this Article,
insofar as they may be made applicable, shall be | 16 | | applicable to absentee
voting under this Section.
| 17 | | (Source: P.A. 86-875.)
| 18 | | (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
| 19 | | Sec. 20-13.1.
Any person not covered by Sections 20-2, | 20 | | 20-2.1 or 20-2.2
of this Article who is registered to vote but | 21 | | who is disqualified from voting
because he moved outside his | 22 | | election precinct during the 30 days preceding
a presidential | 23 | | election may make special application to the election authority
| 24 | | having jurisdiction over his precinct of former residence by | 25 | | mail, not more
than 30 nor less than 7 5 days before a Federal |
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| 1 | | election, or in person in
the office of the election authority, | 2 | | not more than 30 nor less than 1 day
before a Federal election, | 3 | | for an absentee ballot to vote for the president
and | 4 | | vice-president only. Such application shall be furnished by the | 5 | | election
authority and shall be in substantially the following | 6 | | form:
| 7 | | SPECIAL VOTER APPLICATION
| 8 | | (For use by registered Illinois voters disqualified for | 9 | | having moved
outside their precinct on or after the 30th day | 10 | | preceding the election,
to vote for president and | 11 | | vice-president only.)
| 12 | | 1. I hereby request a ballot to vote for president and | 13 | | vice-president
only on .......... (insert date of general | 14 | | election).
| 15 | | 2. I am a citizen of the United States and my present | 16 | | address is:
....................
(Residence Number) .......... | 17 | | (Street) ....................
(City/Village/Township)
| 18 | | .......... (County) .......... (State).
| 19 | | 3. As of .......... (Month), .......... (Day), .......... | 20 | | (Year) I was
a registered voter at .......... (Residence | 21 | | Number) .......... (Street)
.................... | 22 | | (City/Village/Township).
| 23 | | 4. I moved to my present address on .......... (Month) | 24 | | .......... (Day)
.......... (Year).
| 25 | | 5. I have not registered to vote from nor have I requested | 26 | | a ballot in
any other election jurisdiction in this State or in |
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| 1 | | another State.
| 2 | | 6. (If absentee request), I request that you mail the | 3 | | ballot to the following address:
| 4 | | Print name and complete mailing address.
| 5 | | ........................................
| 6 | | ........................................
| 7 | | ........................................
| 8 | | Under the penalties as provided by law pursuant to Article | 9 | | 29 of The Election
Code, the undersigned certifies that the | 10 | | statements set forth in
this application are true and correct.
| 11 | | ........................
| 12 | | (Signature of Applicant)
| 13 | | 7. Subscribed and sworn to before me on .......... (Month) | 14 | | ..........
(Day) .......... (Year)
| 15 | | ........................
| 16 | | (Signature of Official
| 17 | | Administering Oath)
| 18 | | The procedures set forth in Sections 20-4 through 20-12 of | 19 | | this Article,
insofar as they may be made applicable, shall be | 20 | | applicable to absentee
voting under this Section.
| 21 | | (Source: P.A. 90-655, eff. 7-30-98.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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