Full Text of HB0194 99th General Assembly
HB0194 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0194 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 |
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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. |
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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 7-43, 7-44,
19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1, | 6 | | 20-3, 20-5, and 20-8 and by adding Sections 19-4.5 and 20-4.5 | 7 | | as follows:
| 8 | | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
| 9 | | Sec. 7-43. Every person having resided in this State 6 | 10 | | months and
in the precinct 30 days next preceding any primary | 11 | | therein who shall be
a citizen of the United States of the age | 12 | | of 18 or more
years shall be
entitled to vote at such primary.
| 13 | | The following regulations shall be applicable to | 14 | | primaries:
| 15 | | No person shall be entitled to vote at a primary:
| 16 | | (a) Unless he declares his party affiliations as | 17 | | required by this
Article.
| 18 | | (b) (Blank).
| 19 | | (c) (Blank).
| 20 | | (c.5) If that person has participated in the town | 21 | | political party caucus,
under Section 45-50 of the | 22 | | Township Code, of another political party by
signing an | 23 | | affidavit of voters attending the caucus within 45 days |
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| 1 | | before the
first day of the calendar month in which the | 2 | | primary is held.
| 3 | | (d) (Blank).
| 4 | | In cities, villages and incorporated towns having a | 5 | | board of
election commissioners only voters registered as | 6 | | provided by Article 6
of this Act shall be entitled to vote | 7 | | at such primary.
| 8 | | No person shall be entitled to vote at a primary unless | 9 | | he is
registered under the provisions of Articles 4, 5 or 6 | 10 | | of this Act, when
his registration is required by any of | 11 | | said Articles to entitle him to
vote at the election with | 12 | | reference to which the primary is held.
| 13 | | A person (i) who filed a statement of candidacy for a | 14 | | partisan office as a qualified primary voter of an established | 15 | | political party or (ii) who voted the ballot of an established | 16 | | political party at a general primary election may not file a | 17 | | statement of candidacy as a candidate of a different | 18 | | established political party or as an independent candidate for | 19 | | a partisan office to be filled at the general election | 20 | | immediately following the general primary for which the person | 21 | | filed the statement or voted the ballot. A person may file a | 22 | | statement of candidacy for a partisan office as a qualified | 23 | | primary voter of an established political party regardless of | 24 | | any prior filing of candidacy for a partisan office or voting | 25 | | the ballot of an established political party at any prior | 26 | | election. |
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| 1 | | (Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
| 2 | | (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
| 3 | | Sec. 7-44. Voter choice of primary ballot. | 4 | | (a) Any person desiring to vote at a primary shall state | 5 | | his
or her name and ,
residence and party affiliation to the | 6 | | primary judges, one of whom shall
thereupon announce the same | 7 | | in a distinct tone of voice, sufficiently loud
to be heard by | 8 | | all persons in the polling place. When article 4, 5 or 6
is | 9 | | applicable the Certificate of Registered Voter therein | 10 | | prescribed shall
be made and signed and the official poll | 11 | | record shall be made. If the
person desiring to vote is not | 12 | | challenged, one of the primary judges shall
give to him or her | 13 | | one , and only one, primary ballot of each of the
established | 14 | | political
parties nominating candidates for office at the | 15 | | primary election, but the
voter may
cast a ballot of only one | 16 | | political party, except as otherwise provided in
subsection (b)
| 17 | | party with
which he declares himself affiliated , on the back of | 18 | | which the
such
primary
judge shall endorse his or her initials | 19 | | in such manner that they may be
seen when
the primary ballot is | 20 | | properly folded. If the person desiring to vote is
challenged | 21 | | he or she shall not receive a primary ballot from the primary
| 22 | | judges
until he or she shall have established his or her right | 23 | | to vote as
hereinafter provided in this Article .
No person who | 24 | | refuses to state his party affiliation shall be allowed to
vote | 25 | | at a primary.
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| 1 | | (b) A person who casts a ballot of
declares his party | 2 | | affiliation
with a
statewide established
political party and | 3 | | requests a primary ballot of such party may nonetheless
also | 4 | | declare his affiliation with a political party established only | 5 | | within
a political subdivision, and may also vote in the | 6 | | primary of a
such
local political
party established only within | 7 | | a political subdivision on the same election
day, provided that | 8 | | the
such voter may not vote in
both such party primaries with | 9 | | respect to offices of the same political
subdivision. However, | 10 | | no person casting a ballot of
declaring his
affiliation with a | 11 | | statewide
established political party may vote in the primary | 12 | | of any other statewide
political party on the same election | 13 | | day.
Each party's primary ballot shall include a space for the | 14 | | voter to mark, indicating that political party as the party for | 15 | | which the voter cast his or her votes. The voter may mark the | 16 | | space on the
ballot of only one political party indicating that | 17 | | party, except as otherwise
provided in this Section.
If the | 18 | | voter desires to cast his or her ballot of a statewide | 19 | | political party
and a political party established only within a | 20 | | political subdivision, the
voter may indicate that choice by | 21 | | marking the space provided on the ballot of
the statewide | 22 | | political party and by also marking the space provided on the
| 23 | | ballot of the political party established only within a | 24 | | political
subdivision. If the voter does not mark the space on | 25 | | the primary ballot
indicating the political party in which the | 26 | | voter cast his or her ballot, or
marks more than one such |
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| 1 | | space, the judges of election shall count only the
votes of the | 2 | | political party in which the voter cast a vote for the office
| 3 | | nearest the top of the ballot.
| 4 | | (Source: P.A. 81-1535.)
| 5 | | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | 6 | | Sec. 19-2.1. In-person absentee voting in the office of the | 7 | | municipal, township, or road district clerks. At the | 8 | | consolidated primary, general primary,
consolidated, and | 9 | | general elections, electors entitled
to vote
by absentee ballot | 10 | | under the provisions of Section 19-1
may vote in person at the | 11 | | office of the municipal clerk, if the elector
is a resident of | 12 | | a municipality not having a board of election commissioners,
or | 13 | | at the office of the township clerk or, in counties not under | 14 | | township
organization, at the office of the road district clerk | 15 | | if the elector is
not a resident of a municipality; provided, | 16 | | in each case that the municipal,
township or road district | 17 | | clerk, as the case may be, is authorized to conduct
in-person | 18 | | absentee voting pursuant to this Section. Absentee voting in | 19 | | such
municipal and township clerk's offices under this Section | 20 | | shall be
conducted from the 22nd day through the day before the | 21 | | election. | 22 | | Municipal and township clerks (or road district clerks) who | 23 | | have regularly
scheduled working hours at regularly designated | 24 | | offices other than a place
of residence and whose offices are | 25 | | open for business during the same hours
as the office of the |
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| 1 | | election authority shall conduct in-person absentee
voting for | 2 | | said elections. Municipal and township clerks (or road district
| 3 | | clerks) who have no regularly scheduled working hours but who | 4 | | have regularly
designated offices other than a place of | 5 | | residence shall conduct in-person
absentee voting for said | 6 | | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 7 | | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 8 | | Saturdays, but not during such hours as the office of the | 9 | | election
authority is closed, unless the clerk files a written | 10 | | waiver with the
election authority not later than July 1 of | 11 | | each year stating that he or
she is unable to conduct such | 12 | | voting and the reasons therefor. Such clerks
who conduct | 13 | | in-person absentee voting may extend their hours for that
| 14 | | purpose to include any hours in which the election authority's | 15 | | office is
open. Municipal and township clerks (or
road district | 16 | | clerks) who have no regularly scheduled office hours and no
| 17 | | regularly designated offices other than a place of residence | 18 | | may not conduct
in-person absentee voting for said elections. | 19 | | The election authority may
devise alternative methods for | 20 | | in-person absentee voting before said elections
for those | 21 | | precincts located within the territorial area of a municipality
| 22 | | or township (or road district) wherein the clerk of such | 23 | | municipality or
township (or road district) has waived or is | 24 | | not entitled to conduct such
voting.
In addition, electors may | 25 | | vote by absentee ballot under the provisions of
Section 19-1 at | 26 | | the office of the election authority having jurisdiction
over |
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| 1 | | their residence. Unless specifically authorized by the | 2 | | election authority, municipal,
township, and road district | 3 | | clerks shall not conduct in-person absentee
voting. No less | 4 | | than 45 days
before the date of an election, the election | 5 | | authority shall notify the
municipal, township, and road | 6 | | district clerks within its jurisdiction if
they are to conduct | 7 | | in-person absentee voting. Election authorities, however, may | 8 | | conduct in-person absentee voting in one or more designated
| 9 | | appropriate public buildings from the fourth
day before the | 10 | | election through
the day before the election.
| 11 | | In conducting in-person absentee voting under this | 12 | | Section, the respective
clerks shall be required to verify the | 13 | | signature of the absentee
voter by comparison with the | 14 | | signature on the official registration
record card. The clerk | 15 | | also shall reasonably ascertain the identity
of such applicant, | 16 | | shall verify that each such applicant is a registered
voter, | 17 | | and shall verify the precinct in which he or she is registered
| 18 | | and the proper ballots of the political subdivisions in which | 19 | | the
applicant resides and is entitled to vote, prior to | 20 | | providing any
absentee ballot to such applicant. The clerk | 21 | | shall verify the
applicant's registration and from the most | 22 | | recent poll list provided by
the county clerk, and if the | 23 | | applicant is not listed on that poll list
then by telephoning | 24 | | the office of the county clerk. | 25 | | Within one day after a voter casts an in-person absentee | 26 | | ballot, the appropriate election authority shall transmit by |
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| 1 | | electronic means pursuant to a process established by the State | 2 | | Board of Elections the voter's name, street address, e-mail | 3 | | address, and precinct, ward, township, and district numbers, as | 4 | | the case may be, to the State Board of Elections, which shall | 5 | | maintain those names and that information in an electronic | 6 | | format on its website, arranged by county and accessible to | 7 | | State and local political committees. | 8 | | Absentee voting procedures in the office of the municipal, | 9 | | township
and road district clerks shall be subject to all of | 10 | | the applicable
provisions of this Article 19 , including, | 11 | | without limitation, those procedures relating to primary | 12 | | ballots .
Pollwatchers may be appointed to observe in-person | 13 | | absentee voting
procedures and view all reasonably requested | 14 | | records relating to the conduct of the election, provided the | 15 | | secrecy of the ballot is not impinged, at the office of the | 16 | | municipal, township or road district
clerks' offices where such | 17 | | absentee voting is conducted. Such pollwatchers
shall qualify | 18 | | and be appointed in the same manner as provided in Sections
| 19 | | 7-34 and 17-23, except each candidate, political party or
| 20 | | organization of citizens may appoint only one pollwatcher for | 21 | | each location
where in-person absentee voting is conducted. | 22 | | Pollwatchers must
be registered to vote in Illinois and possess
| 23 | | valid pollwatcher credentials.
All requirements in this | 24 | | Article
applicable to election authorities shall apply to the | 25 | | respective local
clerks, except where inconsistent with this | 26 | | Section. |
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| 1 | | The sealed absentee ballots in their carrier envelope shall | 2 | | be
delivered by the respective clerks, or by the election | 3 | | authority on behalf of
a clerk if the clerk and the election
| 4 | | authority agree, to the election authority's central ballot | 5 | | counting location
before the close of the polls on the day of | 6 | | the general primary,
consolidated primary, consolidated, or | 7 | | general election. | 8 | | Not more than 23 days before the general and consolidated
| 9 | | elections, the county clerk shall make available to those
| 10 | | municipal, township and road district clerks conducting | 11 | | in-person absentee
voting within such county, a sufficient
| 12 | | number of applications, absentee ballots, envelopes, and | 13 | | printed voting
instruction slips for use by absentee voters in | 14 | | the offices of such
clerks. The respective clerks shall receipt | 15 | | for all ballots received,
shall return all unused or spoiled | 16 | | ballots to the county clerk on the
day of the election and | 17 | | shall strictly account for all ballots received. | 18 | | The ballots delivered to the respective clerks shall | 19 | | include absentee
ballots for each precinct in the municipality, | 20 | | township or road
district, or shall include such separate | 21 | | ballots for each political
subdivision conducting an election | 22 | | of officers or a referendum on that
election day as will permit | 23 | | any resident of the municipality, township
or road district to | 24 | | vote absentee in the office of the proper clerk. | 25 | | The clerks of all municipalities, townships and road | 26 | | districts may
distribute applications for absentee ballot for |
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| 1 | | the use of voters who
wish to mail such applications to the | 2 | | appropriate election authority. Any person may produce, | 3 | | reproduce, distribute, or return to an election authority the | 4 | | application for absentee ballot. Upon receipt, the appropriate | 5 | | election authority shall accept and promptly process any | 6 | | application for absentee ballot.
| 7 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | 8 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 9 | | Sec. 19-3. The
application for absentee ballot shall be | 10 | | substantially in the
following form: | 11 | | APPLICATION FOR ABSENTEE BALLOT | 12 | | To be voted at the .... election in the County of .... and | 13 | | State of
Illinois, in the .... precinct of the (1) *township of | 14 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 15 | | I state that I am a resident of the .... precinct of the | 16 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 17 | | the city of
.... residing at .... in such city or town in the | 18 | | county of .... and
State of Illinois; that I have lived at such | 19 | | address for .... month(s)
last past; that I am lawfully | 20 | | entitled to vote in such precinct at the
.... election to be | 21 | | held therein on ....; and that I wish to vote by absentee | 22 | | ballot. | 23 | | I hereby make application for an official ballot or ballots | 24 | | to be
voted by me at such election, and I agree that I shall | 25 | | return such ballot or ballots to the
official issuing the same |
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| 1 | | prior to the closing of the polls on the date
of the election | 2 | | or, if returned by mail, postmarked no later than midnight | 3 | | preceding election day, for counting no later than during the | 4 | | period for counting provisional ballots, the last day of which | 5 | | is the 14th day following election day. | 6 | | I understand that this application is made for an official | 7 | | absentee ballot or ballots to be voted by me at the election | 8 | | specified in this application and that I must submit a separate | 9 | | application for an official absentee ballot or ballots to be | 10 | | voted by me at any subsequent election. | 11 | | Under penalties as provided by law pursuant to Section | 12 | | 29-10 of The
Election Code, the undersigned certifies that the | 13 | | statements set forth
in this application are true and correct. | 14 | | .... | 15 | | *fill in either (1), (2) or (3). | 16 | | Post office address to which ballot is mailed: | 17 | | ............... | 18 | | However, if application is made for a primary election | 19 | | ballot, such
application shall require the applicant to | 20 | | designate the name of the political party with which
the | 21 | | applicant is affiliated. | 22 | | If application is made electronically, the applicant shall | 23 | | mark the box associated with the above described statement | 24 | | included as part of the online application certifying that the | 25 | | statements set forth in this application are true and correct, | 26 | | and a signature is not required. |
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| 1 | | Any person may produce, reproduce, distribute, or return to | 2 | | an election authority the application for absentee ballot. Upon | 3 | | receipt, the appropriate election authority shall accept and | 4 | | promptly process any application for absentee ballot submitted | 5 | | in a form substantially similar to that required by this | 6 | | Section, including any substantially similar production or | 7 | | reproduction generated by the applicant. | 8 | | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| 9 | | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 10 | | Sec. 19-4. Mailing or delivery of ballots; time. | 11 | | Immediately upon
the receipt of such application either by mail | 12 | | or electronic means, not more than 40 days
nor less than 5 days | 13 | | prior to such election, or by personal delivery not
more than | 14 | | 40 days nor less than one day prior to such election, at the
| 15 | | office of such election authority, it shall be the duty of such | 16 | | election
authority to examine the records to ascertain whether | 17 | | or not such
applicant is lawfully entitled to vote as
| 18 | | requested, including a verification of the applicant's | 19 | | signature by comparison with the signature on the official | 20 | | registration record card, and if found so to be entitled to | 21 | | vote, to post within one business day thereafter
the name, | 22 | | street address,
ward and precinct number or township and | 23 | | district number, as the case may be,
of such applicant given on | 24 | | a list, the pages of which are to be numbered
consecutively to | 25 | | be kept by such election authority for such purpose in a
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| 1 | | conspicuous, open and public place accessible to the public at | 2 | | the entrance of
the office of such election authority, and in | 3 | | such a manner that such list may
be viewed without necessity of | 4 | | requesting permission therefor. Within one
day after posting | 5 | | the name and other information of an applicant for
an absentee | 6 | | ballot, the election authority shall transmit by electronic | 7 | | means pursuant to a process established by the State Board of | 8 | | Elections that name and other
posted information to the State | 9 | | Board of Elections, which shall maintain those
names and other | 10 | | information in an electronic format on its website, arranged by
| 11 | | county and accessible to State and local political committees. | 12 | | Within 2
business days after posting a name and other | 13 | | information on the list within
its
office, the election | 14 | | authority shall mail,
postage prepaid, or deliver in person in | 15 | | such office an official ballot
or ballots if more than one are | 16 | | to be voted at said election or if Section 19-4.5 applies . Mail | 17 | | delivery
of Temporarily Absent Student ballot applications | 18 | | pursuant to Section
19-12.3 shall be by nonforwardable mail. | 19 | | However,
for the consolidated election, absentee ballots for | 20 | | certain precincts may
be delivered to applicants not less than | 21 | | 25 days before the election if
so much time is required to have | 22 | | prepared and printed the ballots containing
the names of | 23 | | persons nominated for offices at the consolidated primary.
The | 24 | | election authority shall enclose with each absentee ballot or
| 25 | | application written instructions on how voting assistance | 26 | | shall be provided
pursuant to Section 17-14 and a document, |
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| 1 | | written and approved by the State
Board of Elections,
| 2 | | enumerating
the circumstances under which a person is | 3 | | authorized to vote by absentee
ballot pursuant to this Article; | 4 | | such document shall also include a
statement informing the | 5 | | applicant that if he or she falsifies or is
solicited by | 6 | | another to falsify his or her
eligibility to cast an absentee | 7 | | ballot, such applicant or other is subject
to
penalties | 8 | | pursuant to Section 29-10 and Section 29-20 of the Election | 9 | | Code.
Each election authority shall maintain a list of the | 10 | | name, street address,
ward and
precinct, or township and | 11 | | district number, as the case may be, of all
applicants who have | 12 | | returned absentee ballots to such authority, and the name of | 13 | | such absent voter shall be added to such list
within one | 14 | | business day from receipt of such ballot.
If the absentee | 15 | | ballot envelope indicates that the voter was assisted in
| 16 | | casting the ballot, the name of the person so assisting shall | 17 | | be included on
the list. The list, the pages of which are to be | 18 | | numbered consecutively,
shall be kept by each election | 19 | | authority in a conspicuous, open, and public
place accessible | 20 | | to the public at the entrance of the office of the election
| 21 | | authority and in a manner that the list may be viewed without | 22 | | necessity of
requesting permission for viewing.
| 23 | | Each election authority shall maintain a list for each | 24 | | election
of the
voters to whom it has issued absentee ballots. | 25 | | The list shall be
maintained for each precinct within the | 26 | | jurisdiction of the election
authority. Prior to the opening of |
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| 1 | | the polls on election day, the
election authority shall deliver | 2 | | to the judges of election in each
precinct the list of | 3 | | registered voters in that precinct to whom absentee
ballots | 4 | | have been issued by mail.
| 5 | | Each election authority shall maintain a list for each | 6 | | election of
voters to whom it has issued temporarily absent | 7 | | student ballots. The list
shall be maintained for each election | 8 | | jurisdiction within which such voters
temporarily abide. | 9 | | Immediately after the close of the period during which
| 10 | | application may be made by mail or electronic means for | 11 | | absentee ballots, each election
authority shall mail to each | 12 | | other election authority within the State a
certified list of | 13 | | all such voters temporarily abiding within the
jurisdiction of | 14 | | the other election authority.
| 15 | | In the event that the return address of an
application for | 16 | | ballot by a physically incapacitated elector
is that of a | 17 | | facility licensed or certified under the Nursing Home Care
Act, | 18 | | the Specialized Mental Health Rehabilitation Act of 2013, or | 19 | | the ID/DD Community Care Act, within the jurisdiction of the | 20 | | election authority, and the applicant
is a registered voter in | 21 | | the precinct in which such facility is located,
the ballots | 22 | | shall be prepared and transmitted to a responsible judge of
| 23 | | election no later than 9 a.m. on the Saturday, Sunday or Monday | 24 | | immediately
preceding the election as designated by the | 25 | | election authority under
Section 19-12.2. Such judge shall | 26 | | deliver in person on the designated day
the ballot to the |
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| 1 | | applicant on the premises of the facility from which
| 2 | | application was made. The election authority shall by mail | 3 | | notify the
applicant in such facility that the ballot will be | 4 | | delivered by a judge of
election on the designated day.
| 5 | | All applications for absentee ballots shall be available at | 6 | | the office
of the election authority for public inspection upon | 7 | | request from the
time of receipt thereof by the election | 8 | | authority until 30 days after the
election, except during the | 9 | | time such applications are kept in the
office of the election | 10 | | authority pursuant to Section 19-7, and except during
the time | 11 | | such applications are in the possession of the judges of | 12 | | election.
| 13 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | 14 | | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | 15 | | 98-756, eff. 7-16-14.)
| 16 | | (10 ILCS 5/19-4.5 new)
| 17 | | Sec. 19-4.5. Primary ballots. | 18 | | (a) A person entitled to vote by absentee ballot at a | 19 | | primary shall not be required to declare his or her political | 20 | | party affiliation and shall be provided with the ballots of all | 21 | | established political parties nominating candidates for | 22 | | offices for which the absentee voter is entitled to vote at | 23 | | that primary. That absentee voter may mark, cast, and have | 24 | | counted the primary ballot of only one established political | 25 | | party, except that he or she may mark, cost, and have counted |
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| 1 | | the primary ballots of a statewide established political party | 2 | | and a local political party established only within a political | 3 | | subdivision as provided in subsection (b) of Section 7-44. | 4 | | (b) With respect to the marking, casting, and counting of | 5 | | primary ballots, absentee voting shall be conducted in | 6 | | accordance with Sections 7-43 and 7-44 of this Code as well as | 7 | | the provisions of this Article. | 8 | | (c) When voting absentee at a primary by means other than | 9 | | in-person absentee voting, the voter shall be instructed to | 10 | | discard or otherwise destroy any ballots of political parties | 11 | | that the voter does not intend to cast. Such a discarded or | 12 | | destroyed ballot or ballots is not the ballot or ballots the | 13 | | voter agreed in the absentee ballot application to return to | 14 | | the election authority. | 15 | | If a voter subject to this subsection (c) returns to the | 16 | | election authority the ballot of more than one established | 17 | | political party, the judges of election shall determine which | 18 | | votes to count as provided in subsection (b) of Section 7-44. | 19 | | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | 20 | | Sec. 19-5. It shall be the duty of the election authority | 21 | | to fold the
ballot or ballots in the manner specified by the | 22 | | statute for folding
ballots prior to their deposit in the | 23 | | ballot box, and to enclose such
ballot or ballots in an | 24 | | envelope unsealed to be furnished by him, which
envelope shall | 25 | | bear upon the face thereof the name, official title and
post |
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| 1 | | office address of the election authority, and upon the other | 2 | | side
a printed certification in substantially the
following | 3 | | form:
| 4 | | I state that I am a resident of the .... precinct of the | 5 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 6 | | the city of
.... residing at .... in such city or town in the | 7 | | county of .... and
State of Illinois, that I have lived at such | 8 | | address for .... months
last past; and that I am lawfully | 9 | | entitled to vote in such precinct at the
.... election to be | 10 | | held on .....
| 11 | | *fill in either (1), (2) or (3).
| 12 | | I further state that I personally marked the enclosed | 13 | | ballot in secret.
| 14 | | Under penalties of perjury as provided by law pursuant to | 15 | | Section 29-10
of The Election Code, the undersigned certifies | 16 | | that the statements set
forth in this certification are true | 17 | | and correct.
| 18 | | .......................
| 19 | | If the ballot is to go to an elector who is physically | 20 | | incapacitated and needs assistance marking the ballot,
the | 21 | | envelope shall bear upon the back thereof a certification in
| 22 | | substantially the following form:
| 23 | | I state that I am a resident of the .... precinct of the | 24 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 25 | | the city of
.... residing at .... in such city or town in the | 26 | | county of .... and
State of Illinois, that I have lived at such |
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| 1 | | address for .... months
last past; that I am lawfully entitled | 2 | | to vote in such precinct at the
.... election to be held on | 3 | | ....; that I am physically incapable
of personally marking the | 4 | | ballot for
such election.
| 5 | | *fill in either (1), (2) or (3).
| 6 | | I further state that I marked the enclosed ballot in secret | 7 | | with the assistance of
| 8 | | .................................
| 9 | | (Individual rendering assistance)
| 10 | | .................................
| 11 | | (Residence Address)
| 12 | | Under penalties of perjury as provided by law pursuant to | 13 | | Section 29-10
of The Election Code, the undersigned certifies | 14 | | that the statements set forth
in this certification are true | 15 | | and correct.
| 16 | | .......................
| 17 | | In the case of a voter with a physical
incapacity, marking | 18 | | a ballot in secret includes marking a ballot with the
| 19 | | assistance of another individual, other than a candidate
whose | 20 | | name appears on the ballot (unless the voter is the spouse or a
| 21 | | parent, child, brother, or sister of the candidate),
the | 22 | | voter's employer, an
agent of that employer, or an officer or | 23 | | agent of the voter's union, when
the voter's physical | 24 | | incapacity necessitates such assistance.
| 25 | | In the case of a physically incapacitated voter, marking a | 26 | | ballot in secret includes marking a ballot with the
assistance |
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| 1 | | of another individual, other than a candidate
whose name | 2 | | appears on the ballot (unless the voter is the spouse or a
| 3 | | parent, child, brother, or sister of the candidate), the | 4 | | voter's
employer, an
agent of that employer, or an officer or | 5 | | agent of the voter's union, when
the voter's physical | 6 | | incapacity necessitates such assistance.
| 7 | | Provided, that if the ballot enclosed is to be voted at a | 8 | | primary
election, the certification shall designate the name of | 9 | | the political
party with which the voter is affiliated.
| 10 | | In addition to the above, the election authority shall | 11 | | provide
printed slips giving full instructions regarding the | 12 | | manner of marking
and returning the ballot in order that the | 13 | | same may be counted, and
shall furnish one of such printed | 14 | | slips to each of such applicants at
the same time the ballot is | 15 | | delivered to him.
Such instructions shall include the following | 16 | | statement: "In signing the
certification on the absentee ballot | 17 | | envelope, you are attesting that you
personally marked this | 18 | | absentee ballot in secret. If you are physically
unable to mark | 19 | | the ballot, a friend or relative may assist you after
| 20 | | completing the enclosed affidavit. Federal and State laws | 21 | | prohibit a
candidate whose name appears on the ballot (unless | 22 | | you
are the spouse or a parent, child, brother, or sister of | 23 | | the candidate), your
employer, your employer's agent or an | 24 | | officer or agent of your union
from assisting physically | 25 | | disabled voters."
| 26 | | In addition to the above, if a ballot to be provided to an |
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| 1 | | elector
pursuant to this Section contains a public question | 2 | | described in subsection
(b) of Section 28-6 and the territory | 3 | | concerning which the question is
to be submitted is not | 4 | | described on the ballot due to the space limitations
of such | 5 | | ballot, the election authority shall provide a printed copy of
| 6 | | a notice of the public question, which shall include a | 7 | | description of the
territory in the manner required by Section | 8 | | 16-7. The notice shall be
furnished to the elector at the same | 9 | | time the ballot is delivered to the
elector.
| 10 | | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| 11 | | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 12 | | Sec. 19-8. Time and place of counting ballots. | 13 | | (a) (Blank.) | 14 | | (b) Each absent voter's ballot returned to an election | 15 | | authority, by any means authorized by this Article, and | 16 | | received by that election authority before the closing of the | 17 | | polls on election day shall be endorsed by the receiving | 18 | | election authority with the day and hour of receipt and shall | 19 | | be counted in the central ballot counting location of the | 20 | | election authority on the day of the election after 7:00 p.m., | 21 | | except as provided in subsections (g) and (g-5).
| 22 | | (c) Each absent voter's ballot that is mailed to an | 23 | | election authority and postmarked by the midnight preceding the | 24 | | opening of the polls on election day, but that is received by | 25 | | the election authority after the polls close on election day |
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| 1 | | and before the close of the period for counting provisional | 2 | | ballots cast at that election, shall be endorsed by the | 3 | | receiving authority with the day and hour of receipt and shall | 4 | | be counted at the central ballot counting location of the | 5 | | election authority during the period for counting provisional | 6 | | ballots. | 7 | | Each absent voter's ballot that is mailed to an election | 8 | | authority absent a postmark, but that is received by the | 9 | | election authority after the polls close on election day and | 10 | | before the close of the period for counting provisional ballots | 11 | | cast at that election, shall be endorsed by the receiving | 12 | | authority with the day and hour of receipt, opened to inspect | 13 | | the date inserted on the certification, and, if the | 14 | | certification date is a date preceding the election day and the | 15 | | ballot is otherwise found to be valid under the requirements of | 16 | | this Section, counted at the central ballot counting location | 17 | | of the election authority during the period for counting | 18 | | provisional ballots. Absent a date on the certification, the | 19 | | ballot shall not be counted.
| 20 | | (d) Special write-in absentee voter's blank ballots | 21 | | returned to an election authority, by any means authorized by | 22 | | this Article, and received by the election authority at any | 23 | | time before the closing of the polls on election day shall be | 24 | | endorsed by the receiving election authority with the day and | 25 | | hour of receipt and shall be counted at the central ballot | 26 | | counting location of the election authority during the same |
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| 1 | | period provided for counting absent voters' ballots under | 2 | | subsections (b), (g), and (g-5). Special write-in absentee | 3 | | voter's blank ballots that are mailed to an election authority | 4 | | and postmarked by the midnight preceding the opening of the | 5 | | polls on election day, but that are received by the election | 6 | | authority after the polls close on election day and before the | 7 | | closing of the period for counting provisional ballots cast at | 8 | | that election, shall be endorsed by the receiving authority | 9 | | with the day and hour of receipt and shall be counted at the | 10 | | central ballot counting location of the election authority | 11 | | during the same periods provided for counting absent voters' | 12 | | ballots under subsection (c). | 13 | | (e) Except as otherwise provided in this Section, absent | 14 | | voters' ballots and special write-in absentee voter's blank | 15 | | ballots received by the election authority after the closing of | 16 | | the polls on an
election day shall be endorsed by the election | 17 | | authority receiving them
with the day and hour of receipt and | 18 | | shall be safely kept unopened by the
election authority for the | 19 | | period of time required for the preservation of
ballots used at | 20 | | the election, and shall then, without being opened, be
| 21 | | destroyed in like manner as the used ballots of that election.
| 22 | | (f) Counting required under this Section to begin on | 23 | | election day after the closing of the polls shall commence no | 24 | | later than 8:00 p.m. and shall be conducted
by a panel or | 25 | | panels of election judges appointed in the manner provided
by | 26 | | law. The counting shall continue until all absent voters' |
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| 1 | | ballots and special write-in absentee voter's blank ballots | 2 | | required to be counted on election day have been counted.
| 3 | | (g) The procedures set forth in Articles 17 and
18 and, | 4 | | with respect to primaries, in Section 19-4.5 of this Code shall | 5 | | apply to all ballots counted under
this Section. In addition, | 6 | | within 2 days after an absentee ballot, other than an in-person | 7 | | absentee ballot, is received, but in all cases before the close | 8 | | of the period for counting provisional ballots, the election | 9 | | judge or official shall compare the voter's signature on the | 10 | | certification envelope of that absentee ballot with the | 11 | | signature of the voter on file in the office of the election | 12 | | authority. If the election judge or official determines that | 13 | | the 2 signatures match, and that the absentee voter is | 14 | | otherwise qualified to cast an absentee ballot, the election | 15 | | authority shall cast and count the ballot on election day or | 16 | | the day the ballot is determined to be valid, whichever is | 17 | | later, adding the results to the precinct in which the voter is | 18 | | registered. If the election judge or official determines that | 19 | | the signatures do not match, or that the absentee voter is not | 20 | | qualified to cast an absentee ballot, then without opening the | 21 | | certification envelope, the judge or official shall mark across | 22 | | the face of the certification envelope the word "Rejected" and | 23 | | shall not cast or count the ballot. | 24 | | In addition to the voter's signatures not matching, an | 25 | | absentee ballot may be rejected by the election judge or | 26 | | official: |
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| 1 | | (1) if the ballot envelope is open or has been opened | 2 | | and resealed; | 3 | | (2) if the voter has already cast an early or grace | 4 | | period ballot; | 5 | | (3) if the voter voted in person on election day or the | 6 | | voter is not a duly registered voter in the precinct; or | 7 | | (4) on any other basis set forth in this Code. | 8 | | If the election judge or official determines that any of | 9 | | these reasons apply, the judge or official shall mark across | 10 | | the face of the certification envelope the word "Rejected" and | 11 | | shall not cast or count the ballot.
| 12 | | (g-5) If an absentee ballot, other than an in-person | 13 | | absentee ballot, is rejected by the election judge or official | 14 | | for any reason, the election authority shall, within 2 days | 15 | | after the rejection but in all cases before the close of the | 16 | | period for counting provisional ballots, notify the absentee | 17 | | voter that his or her ballot was rejected. The notice shall | 18 | | inform the voter of the reason or reasons the ballot was | 19 | | rejected and shall state that the voter may appear before the | 20 | | election authority, on or before the 14th day after the | 21 | | election, to show cause as to why the ballot should not be | 22 | | rejected. The voter may present evidence to the election | 23 | | authority supporting his or her contention that the ballot | 24 | | should be counted. The election authority shall appoint a panel | 25 | | of 3 election judges to review the contested ballot, | 26 | | application, and certification envelope, as well as any |
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| 1 | | evidence submitted by the absentee voter. No more than 2 | 2 | | election judges on the reviewing panel shall be of the same | 3 | | political party. The reviewing panel of election judges shall | 4 | | make a final determination as to the validity of the contested | 5 | | absentee ballot. The judges' determination shall not be | 6 | | reviewable either administratively or judicially. | 7 | | An absentee ballot subject to this subsection that is | 8 | | determined to be valid shall be counted before the close of the | 9 | | period for counting provisional ballots.
| 10 | | (g-10) All absentee ballots determined to be valid shall be | 11 | | added to the vote totals for the precincts for which they were | 12 | | cast in the order in which the ballots were opened.
| 13 | | (h) Each political party, candidate, and qualified civic | 14 | | organization shall be entitled to have present one pollwatcher | 15 | | for each panel of election judges therein assigned.
| 16 | | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 17 | | 95-699, eff. 11-9-07.)
| 18 | | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| 19 | | Sec. 19-12.1.
Any qualified elector who has secured an | 20 | | Illinois
Person with a Disability Identification Card in | 21 | | accordance with the Illinois
Identification Card Act, | 22 | | indicating that the person named thereon has a Class
1A or | 23 | | Class 2 disability or any qualified voter who has a permanent | 24 | | physical
incapacity of such a nature as to make it improbable | 25 | | that he will be
able to be present at the polls at any future |
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| 1 | | election, or any
voter who is a resident of (i) a federally | 2 | | operated veterans' home, hospital, or facility located in | 3 | | Illinois or (ii) a facility licensed or certified pursuant to
| 4 | | the Nursing Home Care Act, the Specialized Mental Health | 5 | | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | 6 | | has a condition or disability of
such a nature as to make it | 7 | | improbable that he will be able to be present
at the polls at | 8 | | any future election, may secure a disabled voter's or
nursing | 9 | | home resident's identification card, which will enable him to | 10 | | vote
under this Article as a physically incapacitated or | 11 | | nursing home voter. For the purposes of this Section, | 12 | | "federally operated veterans' home, hospital, or facility" | 13 | | means the long-term care facilities at the Jesse Brown VA | 14 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. | 15 | | VA Hospital, Marion VA Medical Center, and Captain James A. | 16 | | Lovell Federal Health Care Center.
| 17 | | Application for a disabled voter's or nursing home | 18 | | resident's
identification card shall be made either: (a) in | 19 | | writing, with voter's
sworn affidavit, to the county clerk or | 20 | | board of election commissioners, as
the case may be, and shall | 21 | | be accompanied
by the affidavit of the attending physician | 22 | | specifically describing the
nature of the physical incapacity | 23 | | or the fact that the voter is a nursing
home resident and is | 24 | | physically unable to be present at the polls on election
days; | 25 | | or (b) by presenting, in writing or otherwise, to the county | 26 | | clerk
or board of election commissioners, as the case may be, |
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| 1 | | proof that the
applicant has secured an Illinois Person with a | 2 | | Disability Identification Card
indicating that the person | 3 | | named thereon has a Class 1A or Class 2 disability.
Upon the | 4 | | receipt of either the sworn-to
application and the physician's | 5 | | affidavit or proof that the applicant has
secured an Illinois | 6 | | Person with a Disability Identification Card indicating that | 7 | | the
person named thereon has a Class 1A or Class 2 disability, | 8 | | the county clerk
or board of election commissioners shall issue | 9 | | a disabled voter's or
nursing home resident's identification
| 10 | | card. Such identification cards shall be issued for a
period of | 11 | | 5 years, upon the expiration of which time the voter may
secure | 12 | | a new card by making application in the same manner as is
| 13 | | prescribed for the issuance of an original card, accompanied by | 14 | | a new
affidavit of the attending physician. The date of | 15 | | expiration of such
five-year period shall be made known to any | 16 | | interested person by the
election authority upon the request of | 17 | | such person. Applications for the
renewal of the identification | 18 | | cards shall be mailed to the voters holding
such cards not less | 19 | | than 3 months prior to the date of expiration of the cards.
| 20 | | Each disabled voter's or nursing home resident's | 21 | | identification card
shall bear an identification number, which | 22 | | shall be clearly noted on the voter's
original and duplicate | 23 | | registration record cards. In the event the
holder becomes | 24 | | physically capable of resuming normal voting, he must
surrender | 25 | | his disabled voter's or nursing home resident's identification
| 26 | | card to the county clerk or board of election commissioners |
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| 1 | | before the next election.
| 2 | | The holder of a disabled voter's or nursing home resident's
| 3 | | identification card may make application by mail for an | 4 | | official ballot
within the time prescribed by Section 19-2. | 5 | | Such application shall contain
the same information as is
| 6 | | included in the form of application for ballot by a physically
| 7 | | incapacitated elector prescribed in Section 19-3 except that it | 8 | | shall
also include the applicant's disabled voter's | 9 | | identification card number
and except that it need not be sworn | 10 | | to. If an examination of the records
discloses that the | 11 | | applicant is lawfully entitled to vote, he shall be
mailed a | 12 | | ballot or ballots as provided in Section 19-4 and, if | 13 | | applicable, in Section 19-4.5 . The ballot envelope shall
be the | 14 | | same as that prescribed in Section 19-5 for physically disabled
| 15 | | voters, and the manner of voting and returning the ballot shall | 16 | | be the
same as that provided in this Article for other absentee | 17 | | ballots, except
that a statement to be subscribed to by the | 18 | | voter but which need not be
sworn to shall be placed on the | 19 | | ballot envelope in lieu of the affidavit
prescribed by Section | 20 | | 19-5.
| 21 | | Any person who knowingly subscribes to a false statement in
| 22 | | connection with voting under this Section shall be guilty of a | 23 | | Class A
misdemeanor.
| 24 | | For the purposes of this Section, "nursing home resident" | 25 | | includes a resident of (i) a federally operated veterans' home, | 26 | | hospital, or facility located in Illinois or (ii) a facility |
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| 1 | | licensed under the ID/DD Community Care Act or the Specialized | 2 | | Mental Health Rehabilitation Act of 2013. For the purposes of | 3 | | this Section, "federally operated veterans' home, hospital, or | 4 | | facility" means the long-term care facilities at the Jesse | 5 | | Brown VA Medical Center, Illiana Health Care System, Edward | 6 | | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | 7 | | James A. Lovell Federal Health Care Center. | 8 | | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | 9 | | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | 10 | | 98-104, eff. 7-22-13.)
| 11 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 12 | | Sec. 20-3.
The election authority shall furnish the | 13 | | following
applications for absentee registration or absentee | 14 | | ballot which shall be
considered a method of application in | 15 | | lieu of the official postcard.
| 16 | | 1. Members of the United States Service, citizens of the | 17 | | United
States temporarily residing outside the territorial | 18 | | limits of the United
States, and certified program participants | 19 | | under the Address Confidentiality
for Victims of Domestic | 20 | | Violence Act may make application within the periods
prescribed | 21 | | in Sections
20-2 or 20-2.1, as the case may be. Such | 22 | | application shall be
substantially in the following form:
| 23 | | "APPLICATION FOR BALLOT
| 24 | | To be voted at the............ election in the precinct in | 25 | | which is
located my residence at..............., in the |
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| 1 | | city/village/township of
............(insert home address) | 2 | | County of........... and State of
Illinois.
| 3 | | I state that I am a citizen of the United States; that on | 4 | | (insert
date of election) I shall have resided in the State of | 5 | | Illinois and in
the election precinct for 30 days; that on the | 6 | | above date I shall be the
age of 18 years or above; that I am | 7 | | lawfully entitled to vote in such
precinct at that election; | 8 | | that I am (check category 1, 2, or 3
below):
| 9 | | 1. ( ) a member of the United States Service,
| 10 | | 2. ( ) a citizen of the United States temporarily residing | 11 | | outside
the territorial limits of the United States and that I | 12 | | expect to be
absent from the said county of my residence on the | 13 | | date of holding such
election, and that I will have no | 14 | | opportunity to vote in person on that
day.
| 15 | | 3. ( ) a certified program participant under the Address
| 16 | | Confidentiality for Victims of Domestic Violence Act.
| 17 | | I hereby make application for an official ballot or ballots | 18 | | to be
voted by me at such election if I am absent from the said | 19 | | county of my
residence, and I agree that I shall return said | 20 | | ballot or ballots to the
election authority postmarked no later | 21 | | than midnight preceding election day, for counting no later | 22 | | than during the period for counting provisional ballots, the | 23 | | last day of which is the 14th day following election day or | 24 | | shall destroy said ballot or ballots.
| 25 | | (Check below only if category 2 or 3 and not previously | 26 | | registered)
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| 1 | | ( ) I hereby make application to become registered as a | 2 | | voter and
agree to return the forms and affidavits for | 3 | | registration to the
election authority not later than 30 days | 4 | | before the election.
| 5 | | Under penalties as provided by law pursuant to Article 29 | 6 | | of The
Election Code, the undersigned certifies that the | 7 | | statements set forth
in this application are true and correct.
| 8 | | .........................
| 9 | | Post office address or service address to which | 10 | | registration
materials or ballot should be mailed
| 11 | | .........................
| 12 | | .........................
| 13 | | .........................
| 14 | | ........................"
| 15 | | If application is made for a primary election ballot, such
| 16 | | application shall designate the name of the political party | 17 | | with which
the applicant is affiliated.
| 18 | | Such applications may be obtained from the election | 19 | | authority having
jurisdiction over the person's precinct of | 20 | | residence.
| 21 | | 2. A spouse or dependent of a member of the United States | 22 | | Service,
said spouse or dependent being a registered voter in | 23 | | the county, may
make application on behalf of said person in | 24 | | the office of the election
authority within the periods | 25 | | prescribed in Section 20-2 which shall be
substantially in the | 26 | | following form:
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| 1 | | "APPLICATION FOR BALLOT to be voted at the........... election | 2 | | in
the precinct in which is located the residence of the person | 3 | | for whom
this application is made at.............(insert | 4 | | residence address) in
the city/village/township of......... | 5 | | County of.......... and State
of Illinois.
| 6 | | I certify that the following named person................ | 7 | | (insert
name of person) is a member of the United States | 8 | | Service.
| 9 | | I state that said person is a citizen of the United States; | 10 | | that on
(insert date of election) said person shall have | 11 | | resided in the State of
Illinois and in the election precinct | 12 | | for which this application is made
for 30 days; that on the | 13 | | above date said person shall be the age of 18
years or above; | 14 | | that said person is lawfully entitled to vote in such
precinct | 15 | | at that election; that said person is a member of the United
| 16 | | States Service, and that in the course of his duties said | 17 | | person expects
to be absent from his county of residence on the | 18 | | date of holding such
election, and that said person will have | 19 | | no opportunity to vote in
person on that day.
| 20 | | I hereby make application for an official ballot or ballots | 21 | | to be
voted by said person at such election and said person | 22 | | agrees that he
shall return said ballot or ballots to the | 23 | | election authority postmarked no later than midnight preceding | 24 | | election day, for counting no later than during the period for | 25 | | counting provisional ballots, the last day of which is the 14th | 26 | | day following election day, or shall destroy
said ballot or |
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| 1 | | ballots.
| 2 | | I hereby certify that I am the (mother, father, sister, | 3 | | brother,
husband or wife) of the said elector, and that I am a | 4 | | registered voter
in the election precinct for which this | 5 | | application is made. (Strike all
but one that is applicable.)
| 6 | | Under penalties as provided by law pursuant to Article 29 | 7 | | of The
Election Code, the undersigned certifies that the | 8 | | statements set forth
in this application are true and correct.
| 9 | | Name of applicant ......................
| 10 | | Residence address ........................
| 11 | | City/village/township........................
| 12 | | Service address to which ballot should be mailed:
| 13 | | .........................
| 14 | | .........................
| 15 | | .........................
| 16 | | ........................"
| 17 | | If application is made for a primary election ballot, such
| 18 | | application shall designate the name of the political party | 19 | | with which
the person for whom application is made is | 20 | | affiliated.
| 21 | | Such applications may be obtained from the election | 22 | | authority having
jurisdiction over the voting precinct in which | 23 | | the person for whom
application is made is entitled to vote.
| 24 | | (Source: P.A. 96-312, eff. 1-1-10.)
| 25 | | (10 ILCS 5/20-4.5 new)
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| 1 | | Sec. 20-4.5. Primary ballots. | 2 | | (a) A person entitled to vote by absentee ballot at a | 3 | | primary shall not be required to declare his or her political | 4 | | party affiliation and shall be provided with the ballots of all | 5 | | established political parties nominating candidates for | 6 | | offices for which the absentee voter is entitled to vote at | 7 | | that primary. That absentee voter may mark, cast, and have | 8 | | counted the primary ballot of only one established political | 9 | | party, except that he or she may mark, cost, and have counted | 10 | | the primary ballots of a statewide established political party | 11 | | and a local political party established only within a political | 12 | | subdivision as provided in subsection (b) of Section 7-44. | 13 | | (b) With respect to the marking, casting, and counting of | 14 | | primary ballots, absentee voting shall be conducted in | 15 | | accordance with Sections 7-43 and 7-44 of this Code as well as | 16 | | the provisions of this Article. | 17 | | (c) When voting absentee at a primary, the voter shall be | 18 | | instructed to discard or otherwise destroy any ballots of | 19 | | political parties that the voter does not intend to cast. Such | 20 | | a discarded or destroyed ballot or ballots is not the ballot or | 21 | | ballots the voter agreed in the absentee ballot application to | 22 | | return to the election authority. | 23 | | If a voter subject to this subsection returns to the | 24 | | election authority the ballot of more than one established | 25 | | political party, the judges of election shall determine which | 26 | | votes to count as provided in subsection (b) of Section 7-44.
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| 1 | | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| 2 | | Sec. 20-5.
The election authority shall fold the ballot or | 3 | | ballots in
the manner specified by the statute for folding | 4 | | ballots prior to their
deposit in the ballot box and shall | 5 | | enclose such ballot in an envelope
unsealed to be furnished by | 6 | | it, which envelope shall bear upon the face
thereof the name, | 7 | | official title and post office address of the election
| 8 | | authority, and upon the other side of such envelope there shall | 9 | | be
printed a certification in substantially the following form:
| 10 | | "CERTIFICATION
| 11 | | I state that I am a resident/former resident of the ....... | 12 | | precinct of
the city/village/township of ............, | 13 | | (Designation to be made by
Election Authority) or of the .... | 14 | | ward in the city of ...........
(Designation to be made by | 15 | | Election Authority) residing at ................
in said | 16 | | city/village/township in the county of ........... and State of
| 17 | | Illinois; that I am a
| 18 | | 1. ( ) member of the United States Service
| 19 | | 2. ( ) citizen of the United States temporarily residing | 20 | | outside the
territorial limits of the United States
| 21 | | 3. ( ) nonresident civilian citizen
| 22 | | and desire to cast the enclosed ballot pursuant to Article 20 | 23 | | of The Election
Code; that I am lawfully entitled to vote in | 24 | | such precinct at the ...........
election to be held on | 25 | | ............
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| 1 | | I further state that I marked the enclosed ballot in | 2 | | secret.
| 3 | | Under penalties as provided by law pursuant to Article 29 | 4 | | of The
Election Code, the undersigned certifies that the | 5 | | statements set forth
in this certification are true and | 6 | | correct.
| 7 | | ...............(Name)
| 8 | | .....................
| 9 | | (Service Address)"
| 10 | | .....................
| 11 | | .....................
| 12 | | .....................
| 13 | | If the ballot enclosed is to be voted at a primary | 14 | | election, the
certification shall designate the name of the | 15 | | political party with which
the voter is affiliated.
| 16 | | In addition to the above, the election authority shall | 17 | | provide
printed slips giving full instructions regarding the | 18 | | manner of completing
the forms and affidavits for absentee | 19 | | registration or the manner of marking
and returning the ballot | 20 | | in order that the same may be counted, and
shall furnish one of | 21 | | the printed slips to each of the applicants at the
same time | 22 | | the registration materials or ballot is delivered to him.
| 23 | | In addition to the above, if a ballot to be provided to an | 24 | | elector
pursuant to this Section contains a public question | 25 | | described in subsection
(b) of Section 28-6 and the territory | 26 | | concerning which the question is
to be submitted is not |
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| 1 | | described on the ballot due to the space limitations
of such | 2 | | ballot, the election authority shall provide a printed copy of
| 3 | | a notice of the public question, which shall include a | 4 | | description of the
territory in the manner required by Section | 5 | | 16-7. The
notice shall be furnished to the elector at the same | 6 | | time the ballot
is delivered to the elector.
| 7 | | The envelope in which such registration or such ballot is | 8 | | mailed to the
voter as well as the envelope in which the | 9 | | registration materials or the
ballot is returned by the voter | 10 | | shall have
printed across the face thereof two parallel | 11 | | horizontal red bars, each
one-quarter inch wide, extending from | 12 | | one side of the envelope to the
other side, with an intervening | 13 | | space of one-quarter inch, the top bar
to be one and | 14 | | one-quarter inches from the top of the envelope, and with
the | 15 | | words "Official Election Balloting Material-VIA AIR MAIL" | 16 | | between the
bars. In the upper right corner of such envelope in | 17 | | a box, there shall be
printed the words: "U.S. Postage Paid 42 | 18 | | USC 1973". All printing
on the face of such envelopes shall be | 19 | | in red, including an appropriate
inscription or blank in the | 20 | | upper left corner of return address of sender.
| 21 | | The envelope in which the ballot is returned to the | 22 | | election authority may be delivered (i) by mail, postage paid, | 23 | | (ii) in person, by the spouse, parent, child, brother, or | 24 | | sister of the voter, or (iii) by a company engaged in the | 25 | | business of making deliveries of property and licensed as a | 26 | | motor carrier of property by the Illinois Commerce Commission |
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| 1 | | under the Illinois Commercial Transportation Law. | 2 | | Election authorities transmitting ballots by facsimile or | 3 | | electronic transmission shall, to the extent possible, provide | 4 | | those applicants with the same instructions, certification, | 5 | | and other materials required when sending by mail. | 6 | | (Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
| 7 | | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 8 | | Sec. 20-8. Time and place of counting ballots. | 9 | | (a) (Blank.) | 10 | | (b) Each absent voter's ballot returned to an election | 11 | | authority, by any means authorized by this Article, and | 12 | | received by that election authority before the closing of the | 13 | | polls on election day shall be endorsed by the receiving | 14 | | election authority with the day and hour of receipt and shall | 15 | | be counted in the central ballot counting location of the | 16 | | election authority on the day of the election after 7:00 p.m., | 17 | | except as provided in subsections (g) and (g-5).
| 18 | | (c) Each absent voter's ballot that is mailed to an | 19 | | election authority and postmarked by the midnight preceding the | 20 | | opening of the polls on election day, but that is received by | 21 | | the election authority after the polls close on election day | 22 | | and before the close of the period for counting provisional | 23 | | ballots cast at that election, shall be endorsed by the | 24 | | receiving authority with the day and hour of receipt and shall | 25 | | be counted at the central ballot counting location of the |
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| 1 | | election authority during the period for counting provisional | 2 | | ballots. | 3 | | Each absent voter's ballot that is mailed to an election | 4 | | authority absent a postmark, but that is received by the | 5 | | election authority after the polls close on election day and | 6 | | before the close of the period for counting provisional ballots | 7 | | cast at that election, shall be endorsed by the receiving | 8 | | authority with the day and hour of receipt, opened to inspect | 9 | | the date inserted on the certification, and, if the | 10 | | certification date is a date preceding the election day and the | 11 | | ballot is otherwise found to be valid under the requirements of | 12 | | this Section, counted at the central ballot counting location | 13 | | of the election authority during the period for counting | 14 | | provisional ballots. Absent a date on the certification, the | 15 | | ballot shall not be counted.
| 16 | | (d) Special write-in absentee voter's blank ballots | 17 | | returned to an election authority, by any means authorized by | 18 | | this Article, and received by the election authority at any | 19 | | time before the closing of the polls on election day shall be | 20 | | endorsed by the receiving election authority with the day and | 21 | | hour of receipt and shall be counted at the central ballot | 22 | | counting location of the election authority during the same | 23 | | period provided for counting absent voters' ballots under | 24 | | subsections (b), (g), and (g-5). Special write-in absentee | 25 | | voter's blank ballot that are mailed to an election authority | 26 | | and postmarked by midnight preceding the opening of the polls |
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| 1 | | on election day, but that are received by the election | 2 | | authority after the polls close on election day and before the | 3 | | closing of the period for counting provisional ballots cast at | 4 | | that election, shall be endorsed by the receiving authority | 5 | | with the day and hour of receipt and shall be counted at the | 6 | | central ballot counting location of the election authority | 7 | | during the same periods provided for counting absent voters' | 8 | | ballots under subsection (c).
| 9 | | (e) Except as otherwise provided in this Section, absent | 10 | | voters' ballots and special write-in absentee voter's blank | 11 | | ballots received by the election authority after the closing of | 12 | | the polls on the day of election shall be
endorsed by the | 13 | | person receiving the ballots with the day and hour of
receipt | 14 | | and shall be safely kept unopened by the election authority for
| 15 | | the period of time required for the preservation of ballots | 16 | | used at the
election, and shall then, without being opened, be | 17 | | destroyed in like
manner as the used ballots of that election.
| 18 | | (f) Counting required under this Section to begin on | 19 | | election day after the closing of the polls shall commence no | 20 | | later than 8:00 p.m. and shall be conducted
by a panel or | 21 | | panels of election judges appointed in the manner provided
by | 22 | | law. The counting shall continue until all absent voters' | 23 | | ballots and special write-in absentee voter's blank ballots | 24 | | required to be counted on election day have been counted.
| 25 | | (g) The procedures set forth in Articles 17 and
18 and, | 26 | | with respect to primaries, in Section 20-4.5 of this Code shall |
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| 1 | | apply to all ballots counted under
this Section. In addition, | 2 | | within 2 days after a ballot subject to this Article is | 3 | | received, but in all cases before the close of the period for | 4 | | counting provisional ballots, the election judge or official | 5 | | shall compare the voter's signature on the certification | 6 | | envelope of that ballot with the signature of the voter on file | 7 | | in the office of the election authority. If the election judge | 8 | | or official determines that the 2 signatures match, and that | 9 | | the voter is otherwise qualified to cast a ballot under this | 10 | | Article, the election authority shall cast and count the ballot | 11 | | on election day or the day the ballot is determined to be | 12 | | valid, whichever is later, adding the results to the precinct | 13 | | in which the voter is registered. If the election judge or | 14 | | official determines that the signatures do not match, or that | 15 | | the voter is not qualified to cast a ballot under this Article, | 16 | | then without opening the certification envelope, the judge or | 17 | | official shall mark across the face of the certification | 18 | | envelope the word "Rejected" and shall not cast or count the | 19 | | ballot. | 20 | | In addition to the voter's signatures not matching, a | 21 | | ballot subject to this Article may be rejected by the election | 22 | | judge or official: | 23 | | (1) if the ballot envelope is open or has been opened | 24 | | and resealed; | 25 | | (2) if the voter has already cast an early or grace | 26 | | period ballot; |
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| 1 | | (3) if the voter voted in person on election day or the | 2 | | voter is not a duly registered voter in the precinct; or | 3 | | (4) on any other basis set forth in this Code. | 4 | | If the election judge or official determines that any of | 5 | | these reasons apply, the judge or official shall mark across | 6 | | the face of the certification envelope the word "Rejected" and | 7 | | shall not cast or count the ballot. | 8 | | (g-5) If a ballot subject to this Article is rejected by | 9 | | the election judge or official for any reason, the election | 10 | | authority shall, within 2 days after the rejection but in all | 11 | | cases before the close of the period for counting provisional | 12 | | ballots, notify the voter that his or her ballot was rejected. | 13 | | The notice shall inform the voter of the reason or reasons the | 14 | | ballot was rejected and shall state that the voter may appear | 15 | | before the election authority, on or before the 14th day after | 16 | | the election, to show cause as to why the ballot should not be | 17 | | rejected. The voter may present evidence to the election | 18 | | authority supporting his or her contention that the ballot | 19 | | should be counted. The election authority shall appoint a panel | 20 | | of 3 election judges to review the contested ballot, | 21 | | application, and certification envelope, as well as any | 22 | | evidence submitted by the absentee voter. No more than 2 | 23 | | election judges on the reviewing panel shall be of the same | 24 | | political party. The reviewing panel of election judges shall | 25 | | make a final determination as to the validity of the contested | 26 | | ballot. The judges' determination shall not be reviewable |
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| 1 | | either administratively or judicially. | 2 | | A ballot subject to this subsection that is determined to | 3 | | be valid shall be counted before the close of the period for | 4 | | counting provisional ballots. | 5 | | (g-10) All ballots determined to be valid shall be added to | 6 | | the vote totals for the precincts for which they were cast in | 7 | | the order in which the ballots were opened.
| 8 | | (h) Each political party,
candidate, and qualified civic | 9 | | organization shall be entitled to have
present one pollwatcher | 10 | | for each panel of election judges therein assigned.
| 11 | | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 12 | | 95-699, eff. 11-9-07.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law. |
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