Full Text of HB0115 94th General Assembly
HB0115enr 94TH GENERAL ASSEMBLY
|
|
|
HB0115 Enrolled |
|
LRB094 04147 JAM 34168 b |
|
| 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 19-8 and 20-8 as follows:
| 6 |
| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 7 |
| Sec. 19-8. Time and place of counting ballots. | 8 |
| (a) Each absent voter's ballot returned to an election | 9 |
| authority, by any means authorized by this Article, and | 10 |
| received by that election authority in time to be delivered to | 11 |
| the polling place of the precinct where the elector resides and | 12 |
| to be counted by the judges of election at that polling place | 13 |
| shall be handled in accordance with this subsection. If
In case | 14 |
| an absent voter's ballot is received by the
election authority | 15 |
| prior to the delivery of the official ballots to the
judges of | 16 |
| election of the precinct where the
in which said elector | 17 |
| resides, then the absent voter's
such
ballot envelope and | 18 |
| application, sealed in the carrier envelope, shall
be enclosed | 19 |
| in the same
such package with the official ballots and | 20 |
| therewith delivered to the judges of
that
such precinct. If
In | 21 |
| case the official ballots for that
such precinct have already | 22 |
| been
delivered to the judges of election when
at the time of | 23 |
| the receipt by the
election authority receives the
of such | 24 |
| absent voter's ballot, then the
such authority shall
| 25 |
| immediately enclose the
said envelope containing the absent | 26 |
| voter's ballot,
together with the voter's
his application | 27 |
| therefor , in a larger or carrier envelope
which shall be | 28 |
| securely sealed and addressed on the face to the judges
of | 29 |
| election, giving the name or number of precinct, street and | 30 |
| number of
polling place, city or town in which the
such absent | 31 |
| voter is a qualified
elector, and the words "This envelope | 32 |
| contains an absent voter's ballot
and must be opened only on |
|
|
|
HB0115 Enrolled |
- 2 - |
LRB094 04147 JAM 34168 b |
|
| 1 |
| election day at the polls immediately after
the polls are | 2 |
| closed , " . The election authority shall mail the ballot
mailing | 3 |
| the same , postage prepaid, to the
such
judges of election, or | 4 |
| if more convenient, the election authority
such officer may | 5 |
| deliver the
such
absent voter's ballot to the judges of | 6 |
| election in person or by duly
deputized agent, the authority
| 7 |
| said officer to secure a
his receipt for delivery of the
such
| 8 |
| ballot or ballots. An absent voter's ballot delivered in error | 9 |
| to the wrong precinct polling place shall be returned to the | 10 |
| election authority and counted as provided in subsection (b). | 11 |
| (b) Each absent voter's ballot returned to an election | 12 |
| authority, by any means authorized by this Article, and | 13 |
| received by that election authority before the closing of the | 14 |
| polls on election day but too late to be delivered to and | 15 |
| counted at the proper precinct polling place shall be endorsed | 16 |
| by the receiving election authority with the day and hour of | 17 |
| receipt and shall be counted in the office of the election | 18 |
| authority on the day of the election after 7:00 p.m. | 19 |
| (c) Each absent voter's ballot that is mailed to an | 20 |
| election authority and postmarked by the midnight preceding the | 21 |
| opening of the polls on election day, but that is received by | 22 |
| the election authority after the polls close on election day | 23 |
| and before the close of the period for counting provisional | 24 |
| ballots cast at that election, shall be endorsed by the | 25 |
| receiving authority with the day and hour of receipt and shall | 26 |
| be counted at the office of the election authority during the | 27 |
| period for counting provisional ballots. | 28 |
| (d) Special write-in absentee voter's blank ballots | 29 |
| returned to an election authority, by any means authorized by | 30 |
| this Article, and received by the election authority at any | 31 |
| time before the closing of the polls on election day shall be | 32 |
| endorsed by the receiving election authority with the day and | 33 |
| hour of receipt and shall be counted at the office of the | 34 |
| election authority during the same period provided for counting | 35 |
| absent voters' ballots under subsection (b). Special write-in | 36 |
| absentee voter's blank ballots that are mailed to an election |
|
|
|
HB0115 Enrolled |
- 3 - |
LRB094 04147 JAM 34168 b |
|
| 1 |
| authority and postmarked by the midnight preceding the opening | 2 |
| of the polls on election day, but that are received by the | 3 |
| election authority after the polls close on election day and | 4 |
| before the closing of the period for counting provisional | 5 |
| ballots cast at that election, shall be endorsed by the | 6 |
| receiving authority with the day and hour of receipt and shall | 7 |
| be counted at the office of the election authority during the | 8 |
| same periods provided for counting absent voters' ballots under | 9 |
| subsection (c). | 10 |
| (e) Except as otherwise provided in this Section, absent
| 11 |
| Absent voters' ballots and special write-in absentee voter's | 12 |
| blank ballots received by
returned by absentee
voters to the | 13 |
| election authority after the closing of the polls on an
| 14 |
| election day shall be endorsed by the election authority | 15 |
| receiving them
the same
with the day and hour of receipt and | 16 |
| shall be safely kept unopened by the
such
election authority | 17 |
| for the period of time required for the preservation of
ballots | 18 |
| used at the
such election, and shall then, without being | 19 |
| opened, be
destroyed in like manner as the used ballots of that
| 20 |
| such election.
| 21 |
| All absent voters' ballots received by the election | 22 |
| authority after 12:00
noon on election day or too late for | 23 |
| delivery to the proper polling place
before the closing of the | 24 |
| polls on election day, and Special Write-In
Absentee Voter's | 25 |
| Blank Ballots, except ballots returned
by mail postmarked after | 26 |
| midnight preceding the opening of the polls on
election day, | 27 |
| shall be endorsed by the election authority receiving the
same | 28 |
| with the day and hour of receipt and shall be counted in the | 29 |
| office
of the election authority on the day of the election | 30 |
| after 7:00 p.m. All
absent voters' ballots delivered in error | 31 |
| to the wrong precinct polling
place shall be returned to the | 32 |
| election authority and counted under this
provision; however, | 33 |
| all absentee ballots received by the election authority
by the | 34 |
| close of absentee voting in the office of the election | 35 |
| authority on
the day preceding the day of election shall be | 36 |
| delivered to the proper
precinct polling places in time to be |
|
|
|
HB0115 Enrolled |
- 4 - |
LRB094 04147 JAM 34168 b |
|
| 1 |
| counted by the judges of election.
| 2 |
| (f) Counting required under this Section to begin on | 3 |
| election day after the closing of the polls
Such counting shall | 4 |
| commence no later than 8:00 p.m. and shall be conducted
by a | 5 |
| panel or panels of election judges appointed in the manner | 6 |
| provided
by law. The
Such counting shall continue until all | 7 |
| absent voters' ballots and special write-in absentee voter's | 8 |
| blank ballots required to be counted on election day
received
| 9 |
| as aforesaid have been counted.
| 10 |
| (g) The procedures set forth in Section 19-9 of this Act | 11 |
| and Articles 17 and
18 of this Code , shall apply to all absent | 12 |
| voters' ballots counted under
this Section
provision , | 13 |
| including comparing the signature on the ballot envelope
with | 14 |
| the signature of the voter on the permanent voter registration | 15 |
| record
card taken from the master file; except that votes shall | 16 |
| be recorded
without regard to precinct designation, except for | 17 |
| precinct offices. | 18 |
| (h) Where ballots are counted in the office of the election | 19 |
| authority as provided in this Section, each political party, | 20 |
| candidate, and qualified civic organization shall be entitled | 21 |
| to have present one pollwatcher for each panel of election | 22 |
| judges therein assigned.
| 23 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 24 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 25 |
| Sec. 20-8. Time and place of counting ballots. | 26 |
| (a) Each absent voter's ballot returned to an election | 27 |
| authority, by any means authorized by this Article, and | 28 |
| received by that election authority in time to be delivered to | 29 |
| the polling place of the precinct where the absent voter is a | 30 |
| qualified elector and to be counted by the judges of election | 31 |
| of that polling place shall be handled in accordance with this | 32 |
| subsection. If the
In case any such ballot is received by the | 33 |
| election
authority prior to the delivery of the official | 34 |
| ballots to the judges
of election of the precinct where the | 35 |
| absent voter is a qualified
in which said elector resides , then |
|
|
|
HB0115 Enrolled |
- 5 - |
LRB094 04147 JAM 34168 b |
|
| 1 |
| the absent voter's
such ballot
envelope and application, sealed | 2 |
| in the carrier envelope, shall be
enclosed in the same package | 3 |
| with the other official ballots and
therewith delivered to the | 4 |
| judges of that
such precinct. If
In case the official
ballots | 5 |
| for the
such precinct have already been delivered to the judges | 6 |
| of election
when
at the time of the receipt by the election | 7 |
| authority receives the
of such absent
voter's ballot, then the | 8 |
| election authority
it shall immediately enclose the
said | 9 |
| envelope containing
the absent voter's ballot, together with | 10 |
| the voter's
his application therefor , in a
larger or carrier | 11 |
| envelope which shall be securely sealed and addressed
on the | 12 |
| face to the judges of election, giving the name or number of
| 13 |
| precinct, street and number of polling place, city or town in | 14 |
| which the
such
absent voter is a qualified elector, and the | 15 |
| words, "This envelope
contains an absent voter's ballot and | 16 |
| must be opened only on election
day at the polls immediately | 17 |
| after the polls are closed , " . The election authority shall mail | 18 |
| the ballot
mailing the
same , postage prepaid, to the
such | 19 |
| judges of election, or if more convenient
then the election | 20 |
| authority
he or it may deliver the
such absent voter's ballot | 21 |
| to the judges of
election in person or by duly deputized agent | 22 |
| and secure a
his receipt for
delivery of the
such ballot or | 23 |
| ballots. An absent voter's ballot delivered in error to the | 24 |
| wrong precinct polling place shall be returned to the election | 25 |
| authority and counted as provided in subsection (b). | 26 |
| (b) Each absent voter's ballot returned to an election | 27 |
| authority, by any means authorized by this Article, and | 28 |
| received by that election authority before the closing of the | 29 |
| polls on election day but too late to be delivered to and | 30 |
| counted at the proper precinct polling place shall be endorsed | 31 |
| by the receiving election authority with the day and hour of | 32 |
| receipt and shall be counted in the office of the election | 33 |
| authority on the day of the election after 7:00 p.m. | 34 |
| (c) Each absent voter's ballot that is mailed to an | 35 |
| election authority and postmarked by the midnight preceding the | 36 |
| opening of the polls on election day, but that is received by |
|
|
|
HB0115 Enrolled |
- 6 - |
LRB094 04147 JAM 34168 b |
|
| 1 |
| the election authority after the polls close on election day | 2 |
| and before the close of the period for counting provisional | 3 |
| ballots cast at that election, shall be endorsed by the | 4 |
| receiving authority with the day and hour of receipt and shall | 5 |
| be counted at the office of the election authority during the | 6 |
| period for counting provisional ballots. | 7 |
| (d) Special write-in absentee voter's blank ballots | 8 |
| returned to an election authority, by any means authorized by | 9 |
| this Article, and received by the election authority at any | 10 |
| time before the closing of the polls on election day shall be | 11 |
| endorsed by the receiving election authority with the day and | 12 |
| hour of receipt and shall be counted at the office of the | 13 |
| election authority during the same period provided for counting | 14 |
| absent voters' ballots under subsection (b). Special write-in | 15 |
| absentee voter's blank ballot that are mailed to an election | 16 |
| authority and postmarked by midnight preceding the opening of | 17 |
| the polls on election day, but that are received by the | 18 |
| election authority after the polls close on election day and | 19 |
| before the closing of the period for counting provisional | 20 |
| ballots cast at that election, shall be endorsed by the | 21 |
| receiving authority with the day and hour of receipt and shall | 22 |
| be counted at the office of the election authority during the | 23 |
| same periods provided for counting absent voters' ballots under | 24 |
| subsection (c).
| 25 |
| (e) Except as otherwise provided in this Section, absent | 26 |
| voters' ballots and special write-in absentee voter's blank | 27 |
| ballots received by
Absent voter's ballots postmarked
after | 28 |
| 11:59 p.m. of the day immediately preceding the election | 29 |
| returned
to the election authority after
too late to be | 30 |
| delivered to the proper polling
place before the closing of the | 31 |
| polls on the day of election shall be
endorsed by the person | 32 |
| receiving the ballots
same with the day and hour of
receipt and | 33 |
| shall be safely kept unopened by the election authority for
the | 34 |
| period of time required for the preservation of ballots used at | 35 |
| the
such
election, and shall then, without being opened, be | 36 |
| destroyed in like
manner as the used ballots of that
such |
|
|
|
HB0115 Enrolled |
- 7 - |
LRB094 04147 JAM 34168 b |
|
| 1 |
| election.
| 2 |
| All absent voters' ballots received by the election | 3 |
| authority after 12:00
noon on election day or too late for | 4 |
| delivery to the proper polling place
before the closing of the | 5 |
| polls on election day, except ballots returned
by mail | 6 |
| postmarked after midnight preceding the opening of the polls on
| 7 |
| election day, shall be counted in the office of the election | 8 |
| authority on
the day of the election after 7:00 p.m. All absent | 9 |
| voters' ballots delivered
in error to the wrong precinct | 10 |
| polling place shall be returned to the election
authority and | 11 |
| counted under this provision.
| 12 |
| (f) Counting required under this Section to begin on | 13 |
| election day after the closing of the polls
Such counting shall | 14 |
| commence no later than 8:00 p.m. and shall be conducted
by a | 15 |
| panel or panels of election judges appointed in the manner | 16 |
| provided
by law. The
Such counting shall continue until all | 17 |
| absent voters' ballots and special write-in absentee voter's | 18 |
| blank ballots required to be counted on election day
received
| 19 |
| as aforesaid have been counted.
| 20 |
| (g) The procedures set forth in Section 19-9 of this Act | 21 |
| and Articles 17 and
18 of this Code , shall apply to all absent | 22 |
| voters' ballots counted under
this Section
provision ; except | 23 |
| that votes shall be recorded without regard to precinct
| 24 |
| designation.
| 25 |
| (h) Where certain absent voters' ballots are counted in the | 26 |
| office of the
election authority as provided in this Section, | 27 |
| each political party,
candidate , and qualified civic | 28 |
| organization shall be entitled to have
present one pollwatcher | 29 |
| for each panel of election judges therein assigned.
| 30 |
| (Source: P.A. 84-861.)
| 31 |
| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
|
|