Full Text of HB5743 99th General Assembly
HB5743 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5743 Introduced , by Rep. Sheri L Jesiel SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/20-2 | from Ch. 46, par. 20-2 |
10 ILCS 5/20-2.1 | from Ch. 46, par. 20-2.1 |
10 ILCS 5/20-2.2 | from Ch. 46, par. 20-2.2 |
10 ILCS 5/20-2.3 | from Ch. 46, par. 20-2.3 |
10 ILCS 5/20-3 | from Ch. 46, par. 20-3 |
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Amends the Election Code. Provides that military ballots must be returned postmarked no later than election day. 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 20-2, 20-2.1, 20-2.2, 20-2.3, and 20-3 as follows:
| 6 | | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| 7 | | Sec. 20-2. Any member of the United States Service, | 8 | | otherwise qualified
to vote, who expects in the course of his | 9 | | duties to be absent from the
county in which he resides on the | 10 | | day of holding any election may make
application for a vote by | 11 | | mail ballot to the election authority having
jurisdiction over | 12 | | his precinct of residence on the official postcard or on
a form | 13 | | furnished by the election authority as prescribed by Section | 14 | | 20-3 of
this Article not less than 10 days before the election. | 15 | | A request pursuant
to this Section shall entitle the applicant | 16 | | to a vote by mail ballot for every
election in one calendar | 17 | | year. The original application for ballot shall be
kept in the | 18 | | office of the election authority for one year as authorization
| 19 | | to send a ballot to the voter for each election to be held | 20 | | within that
calendar year. A certified copy of such application | 21 | | for ballot shall be
sent each election with the vote by mail | 22 | | ballot to the election authority's central ballot counting | 23 | | location to be used
in lieu of the original application for |
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| 1 | | ballot. No registration shall be
required in order to vote | 2 | | pursuant to this Section.
| 3 | | Ballots under this Section shall be mailed by the election | 4 | | authority in
the manner prescribed by Section 20-5 of this | 5 | | Article and not otherwise.
Ballots voted under this Section | 6 | | must be returned postmarked no later than midnight preceding | 7 | | election day and received for counting at the central ballot | 8 | | counting location of the election authority during the period | 9 | | for counting provisional ballots, the last day of which is the | 10 | | 14th day following election day.
| 11 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 12 | | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| 13 | | Sec. 20-2.1. Citizens of the United States temporarily | 14 | | residing outside
the territorial limits of the United States | 15 | | who are not registered but
otherwise qualified to vote and who | 16 | | expect to be absent from their county
of residence during the | 17 | | periods of voter registration provided for in
Articles 4, 5 or | 18 | | 6 of this Code and on the day of holding any election, may
make | 19 | | simultaneous application to the election authority having | 20 | | jurisdiction
over their precinct of residence for registration | 21 | | by mail and vote by mail
ballot not less than 30 days before | 22 | | the election. Such application may be
made on the official | 23 | | postcard or on a form furnished by the election
authority as | 24 | | prescribed by Section 20-3 of this Article or by facsimile or | 25 | | electronic transmission. A request pursuant
to this Section |
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| 1 | | shall entitle the applicant to a vote by mail ballot for every
| 2 | | election in one calendar year. The original application for | 3 | | ballot shall be
kept in the office of the election authority | 4 | | for one year as authorization
to send a ballot to the voter for | 5 | | each election to be held within that
calendar year. A certified | 6 | | copy of such application for ballot shall be
sent each election | 7 | | with the vote by mail ballot to the election authority's | 8 | | central ballot counting location to be used
in lieu of the | 9 | | original application for ballot.
| 10 | | Registration shall be required in order to vote pursuant to | 11 | | this Section.
However, if the election authority receives one | 12 | | of such applications after
30 days but not less than 10 days | 13 | | before a Federal election, said applicant
shall be sent a | 14 | | ballot containing the Federal offices only and registration
for | 15 | | that election shall be waived.
| 16 | | Ballots under this Section shall be delivered by the | 17 | | election authority in
the manner prescribed by Section 20-5 of | 18 | | this Article in person, by mail, or, if requested by the | 19 | | applicant and the election authority has the capability, by | 20 | | facsimile transmission or by electronic transmission.
| 21 | | Ballots voted under this Section must be returned | 22 | | postmarked no later than midnight preceding election day and | 23 | | received for counting at the central ballot counting location | 24 | | of the election authority during the period for counting | 25 | | provisional ballots, the last day of which is the 14th day | 26 | | following election day.
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| 1 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 2 | | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| 3 | | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | 4 | | qualified to
vote, may make application to the election | 5 | | authority having jurisdiction
over his precinct of former | 6 | | residence for a vote by mail ballot containing
the Federal | 7 | | offices only not less than 10 days before a Federal election.
| 8 | | Such application may be made on the official postcard or by | 9 | | facsimile or electronic transmission. A request
pursuant to | 10 | | this Section shall entitle the applicant to a vote by mail | 11 | | ballot
for every election in one calendar year at which Federal | 12 | | offices are
filled. The original application for ballot shall | 13 | | be kept in the office of
the election authority for one year as | 14 | | authorization to send a ballot to
the voter for each election | 15 | | to be held within that calendar year at which
Federal offices | 16 | | are filled. A certified copy of such application for
ballot | 17 | | shall be sent each election with the vote by mail ballot to the | 18 | | election authority's central ballot counting location to be | 19 | | used in lieu of the original application for ballot.
No | 20 | | registration shall be required in order to vote pursuant to | 21 | | this Section.
Ballots under this Section shall be delivered by | 22 | | the election authority in
the manner prescribed by Section 20-5 | 23 | | of this Article in person, by mail, or, if requested by the | 24 | | applicant and the election authority has the capability, by | 25 | | facsimile transmission or by electronic transmission.
Ballots |
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| 1 | | voted under this Section must be returned postmarked no later | 2 | | than midnight preceding election day and received for counting | 3 | | at the central ballot counting location of the election | 4 | | authority during the period for counting provisional ballots, | 5 | | the last day of which is the 14th day following election day.
| 6 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 7 | | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
| 8 | | Sec. 20-2.3. Members of the Armed Forces and their spouses | 9 | | and dependents. Any member of the United
States Armed Forces | 10 | | while on active duty, and his or her spouse and dependents, | 11 | | otherwise qualified to vote, who
expects in the course of his | 12 | | or her duties to be absent from the county in
which he or she | 13 | | resides on the day of holding any election, in addition to any
| 14 | | other method of making application for vote by mail ballot | 15 | | under this
Article, may make application for a vote by mail | 16 | | ballot to the election
authority having jurisdiction over his | 17 | | or her precinct of residence by a
facsimile machine or | 18 | | electronic transmission not less than 10 days before
the | 19 | | election.
| 20 | | Ballots under this Section shall be delivered by the | 21 | | election authority in
the manner prescribed by Section 20-5 of | 22 | | this Article in person, by mail, or, if requested by the | 23 | | applicant and the election authority has the capability, by | 24 | | facsimile transmission or by electronic transmission.
Ballots | 25 | | voted under this Section must be returned postmarked no later |
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| 1 | | than midnight preceding election day and received for counting | 2 | | at the central ballot counting location of the election | 3 | | authority during the period for counting provisional ballots, | 4 | | the last day of which is the 14th day following election day.
| 5 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 6 | | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 7 | | Sec. 20-3.
The election authority shall furnish the | 8 | | following
applications for registration by mail or vote by mail | 9 | | ballot which shall be
considered a method of application in | 10 | | lieu of the official postcard.
| 11 | | 1. Members of the United States Service, citizens of the | 12 | | United
States temporarily residing outside the territorial | 13 | | limits of the United
States, and certified program participants | 14 | | under the Address Confidentiality
for Victims of Domestic | 15 | | Violence Act may make application within the periods
prescribed | 16 | | in Sections
20-2 or 20-2.1, as the case may be. Such | 17 | | application shall be
substantially in the following form:
| 18 | | "APPLICATION FOR BALLOT
| 19 | | To be voted at the............ election in the precinct in | 20 | | which is
located my residence at..............., in the | 21 | | city/village/township of
............(insert home address) | 22 | | County of........... and State of
Illinois.
| 23 | | I state that I am a citizen of the United States; that on | 24 | | (insert
date of election) I shall have resided in the State of | 25 | | Illinois and in
the election precinct for 30 days; that on the |
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| 1 | | above date I shall be the
age of 18 years or above; that I am | 2 | | lawfully entitled to vote in such
precinct at that election; | 3 | | that I am (check category 1, 2, or 3
below):
| 4 | | 1. ( ) a member of the United States Service,
| 5 | | 2. ( ) a citizen of the United States temporarily residing | 6 | | outside
the territorial limits of the United States and that I | 7 | | expect to be
absent from the said county of my residence on the | 8 | | date of holding such
election, and that I will have no | 9 | | opportunity to vote in person on that
day.
| 10 | | 3. ( ) a certified program participant under the Address
| 11 | | Confidentiality for Victims of Domestic Violence Act.
| 12 | | I hereby make application for an official ballot or ballots | 13 | | to be
voted by me at such election if I am absent from the said | 14 | | county of my
residence, and I agree that I shall return said | 15 | | ballot or ballots to the
election authority postmarked no later | 16 | | than midnight preceding election day, for counting no later | 17 | | than during the period for counting provisional ballots, the | 18 | | last day of which is the 14th day following election day or | 19 | | shall destroy said ballot or ballots.
| 20 | | (Check below only if category 2 or 3 and not previously | 21 | | registered)
| 22 | | ( ) I hereby make application to become registered as a | 23 | | voter and
agree to return the forms and affidavits for | 24 | | registration to the
election authority not later than 30 days | 25 | | before the election.
| 26 | | Under penalties as provided by law pursuant to Article 29 |
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| 1 | | of The
Election Code, the undersigned certifies that the | 2 | | statements set forth
in this application are true and correct.
| 3 | | .........................
| 4 | | Post office address or service address to which | 5 | | registration
materials or ballot should be mailed
| 6 | | .........................
| 7 | | .........................
| 8 | | .........................
| 9 | | ........................"
| 10 | | If application is made for a primary election ballot, such
| 11 | | application shall designate the name of the political party | 12 | | with which
the applicant is affiliated.
| 13 | | Such applications may be obtained from the election | 14 | | authority having
jurisdiction over the person's precinct of | 15 | | residence.
| 16 | | 2. A spouse or dependent of a member of the United States | 17 | | Service,
said spouse or dependent being a registered voter in | 18 | | the county, may
make application on behalf of said person in | 19 | | the office of the election
authority within the periods | 20 | | prescribed in Section 20-2 which shall be
substantially in the | 21 | | following form:
| 22 | | "APPLICATION FOR BALLOT to be voted at the........... election | 23 | | in
the precinct in which is located the residence of the person | 24 | | for whom
this application is made at.............(insert | 25 | | residence address) in
the city/village/township of......... | 26 | | County of.......... and State
of Illinois.
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| 1 | | I certify that the following named person................ | 2 | | (insert
name of person) is a member of the United States | 3 | | Service.
| 4 | | I state that said person is a citizen of the United States; | 5 | | that on
(insert date of election) said person shall have | 6 | | resided in the State of
Illinois and in the election precinct | 7 | | for which this application is made
for 30 days; that on the | 8 | | above date said person shall be the age of 18
years or above; | 9 | | that said person is lawfully entitled to vote in such
precinct | 10 | | at that election; that said person is a member of the United
| 11 | | States Service, and that in the course of his duties said | 12 | | person expects
to be absent from his county of residence on the | 13 | | date of holding such
election, and that said person will have | 14 | | no opportunity to vote in
person on that day.
| 15 | | I hereby make application for an official ballot or ballots | 16 | | to be
voted by said person at such election and said person | 17 | | agrees that he
shall return said ballot or ballots to the | 18 | | election authority postmarked no later than midnight preceding | 19 | | election day, for counting no later than during the period for | 20 | | counting provisional ballots, the last day of which is the 14th | 21 | | day following election day, or shall destroy
said ballot or | 22 | | ballots.
| 23 | | I hereby certify that I am the (mother, father, sister, | 24 | | brother,
husband or wife) of the said elector, and that I am a | 25 | | registered voter
in the election precinct for which this | 26 | | application is made. (Strike all
but one that is applicable.)
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| 1 | | Under penalties as provided by law pursuant to Article 29 | 2 | | of The
Election Code, the undersigned certifies that the | 3 | | statements set forth
in this application are true and correct.
| 4 | | Name of applicant ......................
| 5 | | Residence address ........................
| 6 | | City/village/township........................
| 7 | | Service address to which ballot should be mailed:
| 8 | | .........................
| 9 | | .........................
| 10 | | .........................
| 11 | | ........................"
| 12 | | If application is made for a primary election ballot, such
| 13 | | application shall designate the name of the political party | 14 | | with which
the person for whom application is made is | 15 | | affiliated.
| 16 | | Such applications may be obtained from the election | 17 | | authority having
jurisdiction over the voting precinct in which | 18 | | the person for whom
application is made is entitled to vote.
| 19 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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