Full Text of HB5192 96th General Assembly
HB5192 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5192
Introduced 2/1/2010, by Rep. William B. Black 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 | from Ch. 46, par. 20-4 |
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 |
|
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.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB5192 |
|
LRB096 19866 JAM 35322 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 7-43, 7-44,
19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1, | 6 |
| 20-3, 20-4, 20-5, and 20-8 and by adding Sections 19-4.5 and | 7 |
| 20-4.5 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 required | 17 |
| by this
Article.
| 18 |
| (b) (Blank.)
| 19 |
| (c) (Blank.)
| 20 |
| (c.5) If that person has participated in the town political | 21 |
| party caucus,
under Section 45-50 of the Township Code, of | 22 |
| another political party by
signing an affidavit of voters | 23 |
| attending the caucus within 45 days before the
first day of the |
|
|
|
HB5192 |
- 2 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| calendar month in which the primary is held.
| 2 |
| (d) (Blank.)
| 3 |
| (a) (e) In cities, villages and incorporated towns having a | 4 |
| board of
election commissioners only voters registered as | 5 |
| provided by Article 6
of this Act shall be entitled to vote at | 6 |
| such primary.
| 7 |
| (b) (f) No person shall be entitled to vote at a primary | 8 |
| unless he is
registered under the provisions of Articles 4, 5 | 9 |
| or 6 of this Act, when
his registration is required by any of | 10 |
| said Articles to entitle him to
vote at the election with | 11 |
| reference to which the primary is held.
| 12 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 13 |
| (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
| 14 |
| Sec. 7-44. Voter choice of primary ballot. | 15 |
| (a) Any person desiring to vote at a primary shall state | 16 |
| his
or her name and ,
residence and party affiliation to the | 17 |
| primary judges, one of whom shall
thereupon announce the same | 18 |
| in a distinct tone of voice, sufficiently loud
to be heard by | 19 |
| all persons in the polling place. When article 4, 5 or 6
is | 20 |
| applicable the Certificate of Registered Voter therein | 21 |
| prescribed shall
be made and signed and the official poll | 22 |
| record shall be made. If the
person desiring to vote is not | 23 |
| challenged, one of the primary judges shall
give to him or her
| 24 |
| one , and only one, primary ballot of each of the
established
| 25 |
| political
parties nominating candidates for office at the |
|
|
|
HB5192 |
- 3 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| primary election, but the
voter may
cast a ballot of only one | 2 |
| political party, except as otherwise provided in
subsection (b)
| 3 |
| party with
which he declares himself affiliated , on the back of | 4 |
| which the
such
primary
judge shall endorse his or her initials | 5 |
| in such manner that they may be
seen when
the primary ballot is | 6 |
| properly folded. If the person desiring to vote is
challenged | 7 |
| he or she shall not receive a primary ballot from the primary
| 8 |
| judges
until he or she shall have established his or her right | 9 |
| to vote as
hereinafter provided in this Article .
No person who | 10 |
| refuses to state his party affiliation shall be allowed to
vote | 11 |
| at a primary.
| 12 |
| (b) A person who casts a ballot of
declares his party | 13 |
| affiliation
with a
statewide established
political party and | 14 |
| requests a primary ballot of such party may nonetheless
also | 15 |
| declare his affiliation with a political party established only | 16 |
| within
a political subdivision, and may also vote in the | 17 |
| primary of a
such
local political
party established only within | 18 |
| a political subdivision on the same election
day, provided that | 19 |
| the
such voter may not vote in
both such party primaries with | 20 |
| respect to offices of the same political
subdivision. However, | 21 |
| no person casting a ballot of
declaring his
affiliation with a | 22 |
| statewide
established political party may vote in the primary | 23 |
| of any other statewide
political party on the same election | 24 |
| day.
Each party's primary ballot shall include a space for the | 25 |
| voter to mark, indicating that political party as the party for | 26 |
| which the voter cast his or her votes. The voter may mark the |
|
|
|
HB5192 |
- 4 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| space on the
ballot of only one political party indicating that | 2 |
| party, except as otherwise
provided in this Section.
If the | 3 |
| voter desires to cast his or her ballot of a statewide | 4 |
| political party
and a political party established only within a | 5 |
| political subdivision, the
voter may indicate that choice by | 6 |
| marking the space provided on the ballot of
the statewide | 7 |
| political party and by also marking the space provided on the
| 8 |
| ballot of the political party established only within a | 9 |
| political
subdivision. If the voter does not mark the space on | 10 |
| the primary ballot
indicating the political party in which the | 11 |
| voter cast his or her ballot, or
marks more than one such | 12 |
| space, the judges of election shall count only the
votes of the | 13 |
| political party in which the voter cast a vote for the office
| 14 |
| nearest the top of the ballot.
| 15 |
| (Source: P.A. 81-1535.)
| 16 |
| (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
| 17 |
| Sec. 19-2.1. At the consolidated primary, general primary,
| 18 |
| consolidated, and general elections, electors entitled
to vote
| 19 |
| by absentee ballot under the provisions of Section 19-1
may | 20 |
| vote in person at the office of the municipal clerk, if the | 21 |
| elector
is a resident of a municipality not having a board of | 22 |
| election commissioners,
or at the office of the township clerk | 23 |
| or, in counties not under township
organization, at the office | 24 |
| of the road district clerk if the elector is
not a resident of | 25 |
| a municipality; provided, in each case that the municipal,
|
|
|
|
HB5192 |
- 5 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| township or road district clerk, as the case may be, is | 2 |
| authorized to conduct
in-person absentee voting pursuant to | 3 |
| this Section. Absentee voting in such
municipal and township | 4 |
| clerk's offices under this Section shall be
conducted from the | 5 |
| 22nd day through the day before the election.
| 6 |
| Municipal and township clerks (or road district clerks) who | 7 |
| have regularly
scheduled working hours at regularly designated | 8 |
| offices other than a place
of residence and whose offices are | 9 |
| open for business during the same hours
as the office of the | 10 |
| election authority shall conduct in-person absentee
voting for | 11 |
| said elections. Municipal and township clerks (or road district
| 12 |
| clerks) who have no regularly scheduled working hours but who | 13 |
| have regularly
designated offices other than a place of | 14 |
| residence shall conduct in-person
absentee voting for said | 15 |
| elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 16 |
| a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 17 |
| Saturdays, but not during such hours as the office of the | 18 |
| election
authority is closed, unless the clerk files a written | 19 |
| waiver with the
election authority not later than July 1 of | 20 |
| each year stating that he or
she is unable to conduct such | 21 |
| voting and the reasons therefor. Such clerks
who conduct | 22 |
| in-person absentee voting may extend their hours for that
| 23 |
| purpose to include any hours in which the election authority's | 24 |
| office is
open. Municipal and township clerks (or
road district | 25 |
| clerks) who have no regularly scheduled office hours and no
| 26 |
| regularly designated offices other than a place of residence |
|
|
|
HB5192 |
- 6 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| may not conduct
in-person absentee voting for said elections. | 2 |
| The election authority may
devise alternative methods for | 3 |
| in-person absentee voting before said elections
for those | 4 |
| precincts located within the territorial area of a municipality
| 5 |
| or township (or road district) wherein the clerk of such | 6 |
| municipality or
township (or road district) has waived or is | 7 |
| not entitled to conduct such
voting.
In addition, electors may | 8 |
| vote by absentee ballot under the provisions of
Section 19-1 at | 9 |
| the office of the election authority having jurisdiction
over | 10 |
| their residence. Unless specifically authorized by the | 11 |
| election authority, municipal,
township, and road district | 12 |
| clerks shall not conduct in-person absentee
voting. No less | 13 |
| than 45 days
before the date of an election, the election | 14 |
| authority shall notify the
municipal, township, and road | 15 |
| district clerks within its jurisdiction if
they are to conduct | 16 |
| in-person absentee voting. Election authorities, however, may | 17 |
| conduct in-person absentee voting in one or more designated
| 18 |
| appropriate public buildings from the fourth
day before the | 19 |
| election through
the day before the election.
| 20 |
| In conducting in-person absentee voting under this | 21 |
| Section, the respective
clerks shall be required to verify the | 22 |
| signature of the absentee
voter by comparison with the | 23 |
| signature on the official registration
record card. The clerk | 24 |
| also shall reasonably ascertain the identity
of such applicant, | 25 |
| shall verify that each such applicant is a registered
voter, | 26 |
| and shall verify the precinct in which he or she is registered
|
|
|
|
HB5192 |
- 7 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| and the proper ballots of the political subdivisions in which | 2 |
| the
applicant resides and is entitled to vote, prior to | 3 |
| providing any
absentee ballot to such applicant. The clerk | 4 |
| shall verify the
applicant's registration and from the most | 5 |
| recent poll list provided by
the county clerk, and if the | 6 |
| applicant is not listed on that poll list
then by telephoning | 7 |
| the office of the county clerk.
| 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.
|
|
|
|
HB5192 |
- 8 - |
LRB096 19866 JAM 35322 b |
|
| 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 |
|
|
|
HB5192 |
- 9 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| the use of voters who
wish to mail such applications to the | 2 |
| appropriate election authority.
Such applications for absentee | 3 |
| ballots shall be made on forms provided
by the election | 4 |
| authority. Duplication of such forms by the municipal,
township | 5 |
| or road district clerk is prohibited.
| 6 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 7 |
| 94-1000, eff. 7-3-06.)
| 8 |
| (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
| 9 |
| Sec. 19-3. Application for such ballot shall be made on | 10 |
| blanks to be
furnished by the election authority and | 11 |
| duplication of such application
for ballot is prohibited, | 12 |
| except by the election authority. The
application for ballot | 13 |
| shall be substantially in the
following form:
| 14 |
| APPLICATION FOR ABSENTEE BALLOT
| 15 |
| To be voted at the .... election in the County of .... and | 16 |
| State of
Illinois, in the .... precinct of the (1) *township of | 17 |
| .... (2) *City of
.... or (3) *.... ward in the City of ....
| 18 |
| I state that I am a resident of the .... precinct of the | 19 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 20 |
| the city of
.... residing at .... in such city or town in the | 21 |
| county of .... and
State of Illinois; that I have lived at such | 22 |
| address for .... month(s)
last past; that I am lawfully | 23 |
| entitled to vote in such precinct at the
.... election to be | 24 |
| held therein on ....; and that I wish to vote by absentee | 25 |
| ballot.
|
|
|
|
HB5192 |
- 10 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| I hereby make application for an official ballot or ballots | 2 |
| to be
voted by me at such election, and I agree that I shall | 3 |
| return such ballot or ballots to the
official issuing the same | 4 |
| prior to the closing of the polls on the date
of the election | 5 |
| or, if returned by mail, postmarked no later than midnight | 6 |
| preceding election day, for counting no later than during the | 7 |
| period for counting provisional ballots, the last day of which | 8 |
| is the 14th day following election day.
| 9 |
| Under penalties as provided by law pursuant to Section | 10 |
| 29-10 of The
Election Code, the undersigned certifies that the | 11 |
| statements set forth
in this application are true and correct.
| 12 |
| ....
| 13 |
| *fill in either (1), (2) or (3).
| 14 |
| Post office address to which ballot is mailed:
| 15 |
| .............................................................
| 16 |
| However, if application is made for a primary election | 17 |
| ballot, such
application shall designate the name of the | 18 |
| political party with which
the applicant is affiliated.
| 19 |
| or, if returned by mail, postmarked no later than midnight | 20 |
| preceding election day, for counting no later than during the | 21 |
| period for counting provisional ballots, the last day of which | 22 |
| is the 14th day following election day | 23 |
| or, if returned by mail, postmarked no later than midnight | 24 |
| preceding election day, for counting no later than during the | 25 |
| period for counting provisional ballots, the last day of which | 26 |
| is the 14th day following election day |
|
|
|
HB5192 |
- 11 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| or, if returned by mail, postmarked no later than midnight | 2 |
| preceding election day, for counting no later than during the | 3 |
| period for counting provisional ballots, the last day of which | 4 |
| is the 14th day following election day | 5 |
| or, if returned by mail, postmarked no later than midnight | 6 |
| preceding election day, for counting no later than during the | 7 |
| period for counting provisional ballots, the last day of which | 8 |
| is the 14th day following election day | 9 |
| or, if returned by mail, postmarked no later than midnight | 10 |
| preceding election day, for counting no later than during the | 11 |
| period for counting provisional ballots, the last day of which | 12 |
| is the 14th day following election day | 13 |
| or, if returned by mail, postmarked no later than midnight | 14 |
| preceding election day, for counting no later than during the | 15 |
| period for counting provisional ballots, the last day of which | 16 |
| is the 14th day following election day | 17 |
| or, if returned by mail, postmarked no later than midnight | 18 |
| preceding election day, for counting no later than during the | 19 |
| period for counting provisional ballots, the last day of which | 20 |
| is the 14th day following election day
| 21 |
| (Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10; | 22 |
| 96-553, eff. 8-17-09; revised 9-15-09.)
| 23 |
| (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| 24 |
| (Text of Section before amendment by P.A. 96-339 )
| 25 |
| Sec. 19-4. Mailing or delivery of ballots - Time.) |
|
|
|
HB5192 |
- 12 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| Immediately upon
the receipt of such application either by | 2 |
| mail, not more than 40 days
nor less than 5 days prior to such | 3 |
| election, or by personal delivery not
more than 40 days nor | 4 |
| less than one day prior to such election, at the
office of such | 5 |
| election authority, it shall be the duty of such election
| 6 |
| authority to examine the records to ascertain whether or not | 7 |
| such
applicant is lawfully entitled to vote as
requested, | 8 |
| including a verification of the applicant's signature by | 9 |
| comparison with the signature on the official registration | 10 |
| record card, and if found so to be entitled to vote, to post | 11 |
| within one business day thereafter
the name, street address,
| 12 |
| ward and precinct number or township and district number, as | 13 |
| the case may be,
of such applicant given on a list, the pages | 14 |
| of which are to be numbered
consecutively to be kept by such | 15 |
| election authority for such purpose in a
conspicuous, open and | 16 |
| public place accessible to the public at the entrance of
the | 17 |
| office of such election authority, and in such a manner that | 18 |
| such list may
be viewed without necessity of requesting | 19 |
| permission therefor. Within one
day after posting the name and | 20 |
| other information of an applicant for
an absentee ballot, the | 21 |
| election authority shall transmit that name and other
posted | 22 |
| information to the State Board of Elections, which shall | 23 |
| maintain those
names and other information in an electronic | 24 |
| format on its website, arranged by
county and accessible to | 25 |
| State and local political committees. Within 2
business days | 26 |
| after posting a name and other information on the list within
|
|
|
|
HB5192 |
- 13 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| its
office, the election authority shall mail,
postage prepaid, | 2 |
| or deliver in person in such office an official ballot
or | 3 |
| ballots if more than one are to be voted at said election or if | 4 |
| Section 19-4.5 applies . Mail delivery
of Temporarily Absent | 5 |
| Student ballot applications pursuant to Section
19-12.3 shall | 6 |
| be by nonforwardable mail. However,
for the consolidated | 7 |
| election, absentee ballots for certain precincts may
be | 8 |
| delivered to applicants not less than 25 days before the | 9 |
| election if
so much time is required to have prepared and | 10 |
| printed the ballots containing
the names of persons nominated | 11 |
| for offices at the consolidated primary.
The election authority | 12 |
| shall enclose with each absentee ballot or
application written | 13 |
| instructions on how voting assistance shall be provided
| 14 |
| pursuant to Section 17-14 and a document, written and approved | 15 |
| by the State
Board of Elections,
enumerating
the circumstances | 16 |
| under which a person is authorized to vote by absentee
ballot | 17 |
| pursuant to this Article; such document shall also include a
| 18 |
| statement informing the applicant that if he or she falsifies | 19 |
| or is
solicited by another to falsify his or her
eligibility to | 20 |
| cast an absentee ballot, such applicant or other is subject
to
| 21 |
| penalties pursuant to Section 29-10 and Section 29-20 of the | 22 |
| Election Code.
Each election authority shall maintain a list of | 23 |
| the name, street address,
ward and
precinct, or township and | 24 |
| district number, as the case may be, of all
applicants who have | 25 |
| returned absentee ballots to such authority, and the name of | 26 |
| such absent voter shall be added to such list
within one |
|
|
|
HB5192 |
- 14 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| business day from receipt of such ballot.
If the absentee | 2 |
| ballot envelope indicates that the voter was assisted in
| 3 |
| casting the ballot, the name of the person so assisting shall | 4 |
| be included on
the list. The list, the pages of which are to be | 5 |
| numbered consecutively,
shall be kept by each election | 6 |
| authority in a conspicuous, open, and public
place accessible | 7 |
| to the public at the entrance of the office of the election
| 8 |
| authority and in a manner that the list may be viewed without | 9 |
| necessity of
requesting permission for viewing.
| 10 |
| Each election authority shall maintain a list for each | 11 |
| election
of the
voters to whom it has issued absentee ballots. | 12 |
| The list shall be
maintained for each precinct within the | 13 |
| jurisdiction of the election
authority. Prior to the opening of | 14 |
| the polls on election day, the
election authority shall deliver | 15 |
| to the judges of election in each
precinct the list of | 16 |
| registered voters in that precinct to whom absentee
ballots | 17 |
| have been issued by mail.
| 18 |
| Each election authority shall maintain a list for each | 19 |
| election of
voters to whom it has issued temporarily absent | 20 |
| student ballots. The list
shall be maintained for each election | 21 |
| jurisdiction within which such voters
temporarily abide. | 22 |
| Immediately after the close of the period during which
| 23 |
| application may be made by mail for absentee ballots, each | 24 |
| election
authority shall mail to each other election authority | 25 |
| within the State a
certified list of all such voters | 26 |
| temporarily abiding within the
jurisdiction of the other |
|
|
|
HB5192 |
- 15 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| election authority.
| 2 |
| In the event that the return address of an
application for | 3 |
| ballot by a physically incapacitated elector
is that of a | 4 |
| facility licensed or certified under the Nursing Home Care
Act, | 5 |
| within the jurisdiction of the election authority, and the | 6 |
| applicant
is a registered voter in the precinct in which such | 7 |
| facility is located,
the ballots shall be prepared and | 8 |
| transmitted to a responsible judge of
election no later than 9 | 9 |
| a.m. on the Saturday, Sunday or Monday immediately
preceding | 10 |
| the election as designated by the election authority under
| 11 |
| Section 19-12.2. Such judge shall deliver in person on the | 12 |
| designated day
the ballot to the applicant on the premises of | 13 |
| the facility from which
application was made. The election | 14 |
| authority shall by mail notify the
applicant in such facility | 15 |
| that the ballot will be delivered by a judge of
election on the | 16 |
| designated day.
| 17 |
| All applications for absentee ballots shall be available at | 18 |
| the office
of the election authority for public inspection upon | 19 |
| request from the
time of receipt thereof by the election | 20 |
| authority until 30 days after the
election, except during the | 21 |
| time such applications are kept in the
office of the election | 22 |
| authority pursuant to Section 19-7, and except during
the time | 23 |
| such applications are in the possession of the judges of | 24 |
| election.
| 25 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
|
|
|
|
HB5192 |
- 16 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| (Text of Section after amendment by P.A. 96-339 )
| 2 |
| Sec. 19-4. Mailing or delivery of ballots - Time.) | 3 |
| Immediately upon
the receipt of such application either by | 4 |
| mail, not more than 40 days
nor less than 5 days prior to such | 5 |
| election, or by personal delivery not
more than 40 days nor | 6 |
| less than one day prior to such election, at the
office of such | 7 |
| election authority, it shall be the duty of such election
| 8 |
| authority to examine the records to ascertain whether or not | 9 |
| such
applicant is lawfully entitled to vote as
requested, | 10 |
| including a verification of the applicant's signature by | 11 |
| comparison with the signature on the official registration | 12 |
| record card, and if found so to be entitled to vote, to post | 13 |
| within one business day thereafter
the name, street address,
| 14 |
| ward and precinct number or township and district number, as | 15 |
| the case may be,
of such applicant given on a list, the pages | 16 |
| of which are to be numbered
consecutively to be kept by such | 17 |
| election authority for such purpose in a
conspicuous, open and | 18 |
| public place accessible to the public at the entrance of
the | 19 |
| office of such election authority, and in such a manner that | 20 |
| such list may
be viewed without necessity of requesting | 21 |
| permission therefor. Within one
day after posting the name and | 22 |
| other information of an applicant for
an absentee ballot, the | 23 |
| election authority shall transmit that name and other
posted | 24 |
| information to the State Board of Elections, which shall | 25 |
| maintain those
names and other information in an electronic | 26 |
| format on its website, arranged by
county and accessible to |
|
|
|
HB5192 |
- 17 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| State and local political committees. Within 2
business days | 2 |
| after posting a name and other information on the list within
| 3 |
| its
office, the election authority shall mail,
postage prepaid, | 4 |
| or deliver in person in such office an official ballot
or | 5 |
| ballots if more than one are to be voted at said election. Mail | 6 |
| delivery
of Temporarily Absent Student ballot applications | 7 |
| pursuant to Section
19-12.3 shall be by nonforwardable mail. | 8 |
| However,
for the consolidated election, absentee ballots for | 9 |
| certain precincts may
be delivered to applicants not less than | 10 |
| 25 days before the election if
so much time is required to have | 11 |
| prepared and printed the ballots containing
the names of | 12 |
| persons nominated for offices at the consolidated primary.
The | 13 |
| election authority shall enclose with each absentee ballot or
| 14 |
| application written instructions on how voting assistance | 15 |
| shall be provided
pursuant to Section 17-14 and a document, | 16 |
| written and approved by the State
Board of Elections,
| 17 |
| enumerating
the circumstances under which a person is | 18 |
| authorized to vote by absentee
ballot pursuant to this Article; | 19 |
| such document shall also include a
statement informing the | 20 |
| applicant that if he or she falsifies or is
solicited by | 21 |
| another to falsify his or her
eligibility to cast an absentee | 22 |
| ballot, such applicant or other is subject
to
penalties | 23 |
| pursuant to Section 29-10 and Section 29-20 of the Election | 24 |
| Code.
Each election authority shall maintain a list of the | 25 |
| name, street address,
ward and
precinct, or township and | 26 |
| district number, as the case may be, of all
applicants who have |
|
|
|
HB5192 |
- 18 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| returned absentee ballots to such authority, and the name of | 2 |
| such absent voter shall be added to such list
within one | 3 |
| business day from receipt of such ballot.
If the absentee | 4 |
| ballot envelope indicates that the voter was assisted in
| 5 |
| casting the ballot, the name of the person so assisting shall | 6 |
| be included on
the list. The list, the pages of which are to be | 7 |
| numbered consecutively,
shall be kept by each election | 8 |
| authority in a conspicuous, open, and public
place accessible | 9 |
| to the public at the entrance of the office of the election
| 10 |
| authority and in a manner that the list may be viewed without | 11 |
| necessity of
requesting permission for viewing.
| 12 |
| Each election authority shall maintain a list for each | 13 |
| election
of the
voters to whom it has issued absentee ballots. | 14 |
| The list shall be
maintained for each precinct within the | 15 |
| jurisdiction of the election
authority. Prior to the opening of | 16 |
| the polls on election day, the
election authority shall deliver | 17 |
| to the judges of election in each
precinct the list of | 18 |
| registered voters in that precinct to whom absentee
ballots | 19 |
| have been issued by mail.
| 20 |
| Each election authority shall maintain a list for each | 21 |
| election of
voters to whom it has issued temporarily absent | 22 |
| student ballots. The list
shall be maintained for each election | 23 |
| jurisdiction within which such voters
temporarily abide. | 24 |
| Immediately after the close of the period during which
| 25 |
| application may be made by mail for absentee ballots, each | 26 |
| election
authority shall mail to each other election authority |
|
|
|
HB5192 |
- 19 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| within the State a
certified list of all such voters | 2 |
| temporarily abiding within the
jurisdiction of the other | 3 |
| election authority.
| 4 |
| In the event that the return address of an
application for | 5 |
| ballot by a physically incapacitated elector
is that of a | 6 |
| facility licensed or certified under the Nursing Home Care
Act | 7 |
| or the MR/DD Community Care Act, within the jurisdiction of the | 8 |
| election authority, and the applicant
is a registered voter in | 9 |
| the precinct in which such facility is located,
the ballots | 10 |
| shall be prepared and transmitted to a responsible judge of
| 11 |
| election no later than 9 a.m. on the Saturday, Sunday or Monday | 12 |
| immediately
preceding the election as designated by the | 13 |
| election authority under
Section 19-12.2. Such judge shall | 14 |
| deliver in person on the designated day
the ballot to the | 15 |
| applicant on the premises of the facility from which
| 16 |
| application was made. The election authority shall by mail | 17 |
| notify the
applicant in such facility that the ballot will be | 18 |
| delivered by a judge of
election on the designated day.
| 19 |
| All applications for absentee ballots shall be available at | 20 |
| the office
of the election authority for public inspection upon | 21 |
| request from the
time of receipt thereof by the election | 22 |
| authority until 30 days after the
election, except during the | 23 |
| time such applications are kept in the
office of the election | 24 |
| authority pursuant to Section 19-7, and except during
the time | 25 |
| such applications are in the possession of the judges of | 26 |
| election.
|
|
|
|
HB5192 |
- 20 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| (Source: P.A. 96-339, eff. 7-1-10.)
| 2 |
| (10 ILCS 5/19-4.5 new)
| 3 |
| Sec. 19-4.5. Primary ballots. | 4 |
| (a) A person entitled to vote by absentee ballot at a | 5 |
| primary shall not be required to declare his or her political | 6 |
| party affiliation and shall be provided with the ballots of all | 7 |
| established political parties nominating candidates for | 8 |
| offices for which the absentee voter is entitled to vote at | 9 |
| that primary. That absentee voter may mark, cast, and have | 10 |
| counted the primary ballot of only one established political | 11 |
| party. | 12 |
| (b) With respect to the marking, casting, and counting of | 13 |
| primary ballots, absentee voting shall be conducted in | 14 |
| accordance with Sections 7-43 and 7-44 of this Code as well as | 15 |
| the provisions of this Article. | 16 |
| (c) When voting absentee at a primary by means other than | 17 |
| in-person absentee voting, the voter shall be instructed to | 18 |
| return all ballots to the election authority. | 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 |
|
|
|
HB5192 |
- 21 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| bear upon the face thereof the name, official title and
post | 2 |
| office address of the election authority, and upon the other | 3 |
| side
a printed certification in substantially the
following | 4 |
| form:
| 5 |
| I state that I am a resident of the .... precinct of the | 6 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 7 |
| the city of
.... residing at .... in such city or town in the | 8 |
| county of .... and
State of Illinois, that I have lived at such | 9 |
| address for .... months
last past; and that I am lawfully | 10 |
| entitled to vote in such precinct at the
.... election to be | 11 |
| held on .....
| 12 |
| *fill in either (1), (2) or (3).
| 13 |
| I further state that I personally marked the enclosed | 14 |
| ballot in secret.
| 15 |
| Under penalties of perjury as provided by law pursuant to | 16 |
| Section 29-10
of The Election Code, the undersigned certifies | 17 |
| that the statements set
forth in this certification are true | 18 |
| and correct.
| 19 |
| .......................
| 20 |
| If the ballot is to go to an elector who is physically | 21 |
| incapacitated and needs assistance marking the ballot,
the | 22 |
| envelope shall bear upon the back thereof a certification in
| 23 |
| substantially the following form:
| 24 |
| I state that I am a resident of the .... precinct of the | 25 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 26 |
| the city of
.... residing at .... in such city or town in the |
|
|
|
HB5192 |
- 22 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| county of .... and
State of Illinois, that I have lived at such | 2 |
| address for .... months
last past; that I am lawfully entitled | 3 |
| to vote in such precinct at the
.... election to be held on | 4 |
| ....; that I am physically incapable
of personally marking the | 5 |
| ballot for
such election.
| 6 |
| *fill in either (1), (2) or (3).
| 7 |
| I further state that I marked the enclosed ballot in secret | 8 |
| with the assistance of
| 9 |
| .................................
| 10 |
| (Individual rendering assistance)
| 11 |
| .................................
| 12 |
| (Residence Address)
| 13 |
| Under penalties of perjury as provided by law pursuant to | 14 |
| Section 29-10
of The Election Code, the undersigned certifies | 15 |
| that the statements set forth
in this certification are true | 16 |
| and correct.
| 17 |
| .......................
| 18 |
| In the case of a voter with a physical
incapacity, marking | 19 |
| a ballot in secret includes marking a ballot with the
| 20 |
| assistance of another individual, other than a candidate
whose | 21 |
| name appears on the ballot (unless the voter is the spouse or a
| 22 |
| parent, child, brother, or sister of the candidate),
the | 23 |
| voter's employer, an
agent of that employer, or an officer or | 24 |
| agent of the voter's union, when
the voter's physical | 25 |
| incapacity necessitates such assistance.
| 26 |
| In the case of a physically incapacitated voter, marking a |
|
|
|
HB5192 |
- 23 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| ballot in secret includes marking a ballot with the
assistance | 2 |
| of another individual, other than a candidate
whose name | 3 |
| appears on the ballot (unless the voter is the spouse or a
| 4 |
| parent, child, brother, or sister of the candidate), the | 5 |
| voter's
employer, an
agent of that employer, or an officer or | 6 |
| agent of the voter's union, when
the voter's physical | 7 |
| incapacity necessitates such assistance.
| 8 |
| Provided, that if the ballot enclosed is to be voted at a | 9 |
| primary
election, the certification shall designate the name of | 10 |
| the political
party with which the voter is affiliated.
| 11 |
| In addition to the above, the election authority shall | 12 |
| provide
printed slips giving full instructions regarding the | 13 |
| manner of marking
and returning the ballot in order that the | 14 |
| same may be counted, and
shall furnish one of such printed | 15 |
| slips to each of such applicants at
the same time the ballot is | 16 |
| delivered to him.
Such instructions shall include the following | 17 |
| statement: "In signing the
certification on the absentee ballot | 18 |
| envelope, you are attesting that you
personally marked this | 19 |
| absentee ballot in secret. If you are physically
unable to mark | 20 |
| the ballot, a friend or relative may assist you after
| 21 |
| completing the enclosed affidavit. Federal and State laws | 22 |
| prohibit a
candidate whose name appears on the ballot (unless | 23 |
| you
are the spouse or a parent, child, brother, or sister of | 24 |
| the candidate), your
employer, your employer's agent or an | 25 |
| officer or agent of your union
from assisting physically | 26 |
| disabled voters."
|
|
|
|
HB5192 |
- 24 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| In addition to the above, if a ballot to be provided to an | 2 |
| elector
pursuant to this Section contains a public question | 3 |
| described in subsection
(b) of Section 28-6 and the territory | 4 |
| concerning which the question is
to be submitted is not | 5 |
| described on the ballot due to the space limitations
of such | 6 |
| ballot, the election authority shall provide a printed copy of
| 7 |
| a notice of the public question, which shall include a | 8 |
| description of the
territory in the manner required by Section | 9 |
| 16-7. The notice shall be
furnished to the elector at the same | 10 |
| time the ballot is delivered to the
elector.
| 11 |
| (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| 12 |
| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| 13 |
| Sec. 19-8. Time and place of counting ballots. | 14 |
| (a) (Blank.) | 15 |
| (b) Each absent voter's ballot returned to an election | 16 |
| authority, by any means authorized by this Article, and | 17 |
| received by that election authority before the closing of the | 18 |
| polls on election day shall be endorsed by the receiving | 19 |
| election authority with the day and hour of receipt and shall | 20 |
| be counted in the central ballot counting location of the | 21 |
| election authority on the day of the election after 7:00 p.m., | 22 |
| except as provided in subsections (g) and (g-5).
| 23 |
| (c) Each absent voter's ballot that is mailed to an | 24 |
| election authority and postmarked by the midnight preceding the | 25 |
| opening of the polls on election day, but that is received by |
|
|
|
HB5192 |
- 25 - |
LRB096 19866 JAM 35322 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 central ballot counting location of the | 6 |
| election authority during the period for counting provisional | 7 |
| ballots. | 8 |
| Each absent voter's ballot that is mailed to an election | 9 |
| authority absent a postmark, but that is received by the | 10 |
| election authority after the polls close on election day and | 11 |
| before the close of the period for counting provisional ballots | 12 |
| cast at that election, shall be endorsed by the receiving | 13 |
| authority with the day and hour of receipt, opened to inspect | 14 |
| the date inserted on the certification, and, if the | 15 |
| certification date is a date preceding the election day and the | 16 |
| ballot is otherwise found to be valid under the requirements of | 17 |
| this Section, counted at the central ballot counting location | 18 |
| of the election authority during the period for counting | 19 |
| provisional ballots. Absent a date on the certification, the | 20 |
| ballot shall not be counted.
| 21 |
| (d) Special write-in absentee voter's blank ballots | 22 |
| returned to an election authority, by any means authorized by | 23 |
| this Article, and received by the election authority at any | 24 |
| time before the closing of the polls on election day shall be | 25 |
| endorsed by the receiving election authority with the day and | 26 |
| hour of receipt and shall be counted at the central ballot |
|
|
|
HB5192 |
- 26 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| counting location of the election authority during the same | 2 |
| period provided for counting absent voters' ballots under | 3 |
| subsections (b), (g), and (g-5). Special write-in absentee | 4 |
| voter's blank ballots that are mailed to an election authority | 5 |
| and postmarked by the midnight preceding the opening of the | 6 |
| polls on election day, but that are received by the election | 7 |
| authority after the polls close on election day and before the | 8 |
| closing of the period for counting provisional ballots cast at | 9 |
| that election, shall be endorsed by the receiving authority | 10 |
| with the day and hour of receipt and shall be counted at the | 11 |
| central ballot counting location of the election authority | 12 |
| during the same periods provided for counting absent voters' | 13 |
| ballots under subsection (c). | 14 |
| (e) Except as otherwise provided in this Section, absent | 15 |
| voters' ballots and special write-in absentee voter's blank | 16 |
| ballots received by the election authority after the closing of | 17 |
| the polls on an
election day shall be endorsed by the election | 18 |
| authority receiving them
with the day and hour of receipt and | 19 |
| shall be safely kept unopened by the
election authority for the | 20 |
| period of time required for the preservation of
ballots used at | 21 |
| the election, and shall then, without being opened, be
| 22 |
| destroyed in like manner as the used ballots of that election.
| 23 |
| (f) Counting required under this Section to begin on | 24 |
| election day after the closing of the polls shall commence no | 25 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 26 |
| panels of election judges appointed in the manner provided
by |
|
|
|
HB5192 |
- 27 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| law. The counting shall continue until all absent voters' | 2 |
| ballots and special write-in absentee voter's blank ballots | 3 |
| required to be counted on election day have been counted.
| 4 |
| (g) The procedures set forth in Articles 17 and
18 and, | 5 |
| with respect to primaries, in Section 19-4.5 of this Code shall | 6 |
| apply to all ballots counted under
this Section. In addition, | 7 |
| within 2 days after an absentee ballot, other than an in-person | 8 |
| absentee ballot, is received, but in all cases before the close | 9 |
| of the period for counting provisional ballots, the election | 10 |
| judge or official shall compare the voter's signature on the | 11 |
| certification envelope of that absentee ballot with the | 12 |
| signature of the voter on file in the office of the election | 13 |
| authority. If the election judge or official determines that | 14 |
| the 2 signatures match, and that the absentee voter is | 15 |
| otherwise qualified to cast an absentee ballot, the election | 16 |
| authority shall cast and count the ballot on election day or | 17 |
| the day the ballot is determined to be valid, whichever is | 18 |
| later, adding the results to the precinct in which the voter is | 19 |
| registered. If the election judge or official determines that | 20 |
| the signatures do not match, or that the absentee voter is not | 21 |
| qualified to cast an absentee ballot, then without opening the | 22 |
| certification envelope, the judge or official shall mark across | 23 |
| the face of the certification envelope the word "Rejected" and | 24 |
| shall not cast or count the ballot. | 25 |
| In addition to the voter's signatures not matching, an | 26 |
| absentee ballot may be rejected by the election judge or |
|
|
|
HB5192 |
- 28 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| official: | 2 |
| (1) if the ballot envelope is open or has been opened | 3 |
| and resealed; | 4 |
| (2) if the voter has already cast an early or grace | 5 |
| period ballot; | 6 |
| (3) if the voter voted in person on election day or the | 7 |
| voter is not a duly registered voter in the precinct; or | 8 |
| (4) on any other basis set forth in this Code. | 9 |
| If the election judge or official determines that any of | 10 |
| these reasons apply, the judge or official shall mark across | 11 |
| the face of the certification envelope the word "Rejected" and | 12 |
| shall not cast or count the ballot.
| 13 |
| (g-5) If an absentee ballot, other than an in-person | 14 |
| absentee ballot, is rejected by the election judge or official | 15 |
| for any reason, the election authority shall, within 2 days | 16 |
| after the rejection but in all cases before the close of the | 17 |
| period for counting provisional ballots, notify the absentee | 18 |
| voter that his or her ballot was rejected. The notice shall | 19 |
| inform the voter of the reason or reasons the ballot was | 20 |
| rejected and shall state that the voter may appear before the | 21 |
| election authority, on or before the 14th day after the | 22 |
| election, to show cause as to why the ballot should not be | 23 |
| rejected. The voter may present evidence to the election | 24 |
| authority supporting his or her contention that the ballot | 25 |
| should be counted. The election authority shall appoint a panel | 26 |
| of 3 election judges to review the contested ballot, |
|
|
|
HB5192 |
- 29 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| application, and certification envelope, as well as any | 2 |
| evidence submitted by the absentee voter. No more than 2 | 3 |
| election judges on the reviewing panel shall be of the same | 4 |
| political party. The reviewing panel of election judges shall | 5 |
| make a final determination as to the validity of the contested | 6 |
| absentee ballot. The judges' determination shall not be | 7 |
| reviewable either administratively or judicially. | 8 |
| An absentee ballot subject to this subsection that is | 9 |
| determined to be valid shall be counted before the close of the | 10 |
| period for counting provisional ballots.
| 11 |
| (g-10) All absentee ballots determined to be valid shall be | 12 |
| added to the vote totals for the precincts for which they were | 13 |
| cast in the order in which the ballots were opened.
| 14 |
| (h) Each political party, candidate, and qualified civic | 15 |
| organization shall be entitled to have present one pollwatcher | 16 |
| for each panel of election judges therein assigned.
| 17 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 18 |
| 95-699, eff. 11-9-07.)
| 19 |
| (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| 20 |
| (Text of Section before amendment by P.A. 96-339 )
| 21 |
| Sec. 19-12.1.
Any qualified elector who has secured an | 22 |
| Illinois
Disabled Person Identification Card in accordance | 23 |
| with The Illinois
Identification Card Act, indicating that the | 24 |
| person named thereon has a Class
1A or Class 2 disability or | 25 |
| any qualified voter who has a permanent physical
incapacity of |
|
|
|
HB5192 |
- 30 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| such a nature as to make it improbable that he will be
able to | 2 |
| be present at the polls at any future election, or any
voter | 3 |
| who is a resident of a facility licensed or certified pursuant | 4 |
| to
the Nursing Home Care Act and has a condition or disability | 5 |
| of
such a nature as to make it improbable that he will be able | 6 |
| to be present
at the polls at any future election, may secure a | 7 |
| disabled voter's or
nursing home resident's identification | 8 |
| card, which will enable him to vote
under this Article as a | 9 |
| physically incapacitated or nursing home voter.
| 10 |
| Application for a disabled voter's or nursing home | 11 |
| resident's
identification card shall be made either: (a) in | 12 |
| writing, with voter's
sworn affidavit, to the county clerk or | 13 |
| board of election commissioners, as
the case may be, and shall | 14 |
| be accompanied
by the affidavit of the attending physician | 15 |
| specifically describing the
nature of the physical incapacity | 16 |
| or the fact that the voter is a nursing
home resident and is | 17 |
| physically unable to be present at the polls on election
days; | 18 |
| or (b) by presenting, in writing or otherwise, to the county | 19 |
| clerk
or board of election commissioners, as the case may be, | 20 |
| proof that the
applicant has secured an Illinois Disabled | 21 |
| Person Identification Card
indicating that the person named | 22 |
| thereon has a Class 1A or Class 2 disability.
Upon the receipt | 23 |
| of either the sworn-to
application and the physician's | 24 |
| affidavit or proof that the applicant has
secured an Illinois | 25 |
| Disabled Person Identification Card indicating that the
person | 26 |
| named thereon has a Class 1A or Class 2 disability, the county |
|
|
|
HB5192 |
- 31 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| clerk
or board of election commissioners shall issue a disabled | 2 |
| voter's or
nursing home resident's identification
card. Such | 3 |
| identification cards shall be issued for a
period of 5 years, | 4 |
| upon the expiration of which time the voter may
secure a new | 5 |
| card by making application in the same manner as is
prescribed | 6 |
| for the issuance of an original card, accompanied by a new
| 7 |
| affidavit of the attending physician. The date of expiration of | 8 |
| such
five-year period shall be made known to any interested | 9 |
| person by the
election authority upon the request of such | 10 |
| person. Applications for the
renewal of the identification | 11 |
| cards shall be mailed to the voters holding
such cards not less | 12 |
| than 3 months prior to the date of expiration of the cards.
| 13 |
| Each disabled voter's or nursing home resident's | 14 |
| identification card
shall bear an identification number, which | 15 |
| shall be clearly noted on the voter's
original and duplicate | 16 |
| registration record cards. In the event the
holder becomes | 17 |
| physically capable of resuming normal voting, he must
surrender | 18 |
| his disabled voter's or nursing home resident's identification
| 19 |
| card to the county clerk or board of election commissioners | 20 |
| before the next election.
| 21 |
| The holder of a disabled voter's or nursing home resident's
| 22 |
| identification card may make application by mail for an | 23 |
| official ballot
within the time prescribed by Section 19-2. | 24 |
| Such application shall contain
the same information as is
| 25 |
| included in the form of application for ballot by a physically
| 26 |
| incapacitated elector prescribed in Section 19-3 except that it |
|
|
|
HB5192 |
- 32 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| shall
also include the applicant's disabled voter's | 2 |
| identification card number
and except that it need not be sworn | 3 |
| to. If an examination of the records
discloses that the | 4 |
| applicant is lawfully entitled to vote, he shall be
mailed a | 5 |
| ballot as provided in Section 19-4. The ballot envelope shall
| 6 |
| be the same as that prescribed in Section 19-5 for physically | 7 |
| disabled
voters, and the manner of voting and returning the | 8 |
| ballot shall be the
same as that provided in this Article for | 9 |
| other absentee ballots, except
that a statement to be | 10 |
| subscribed to by the voter but which need not be
sworn to shall | 11 |
| be placed on the ballot envelope in lieu of the affidavit
| 12 |
| prescribed by Section 19-5.
| 13 |
| Any person who knowingly subscribes to a false statement in
| 14 |
| connection with voting under this Section shall be guilty of a | 15 |
| Class A
misdemeanor.
| 16 |
| (Source: P.A. 86-820; 86-875; 86-1028.)
| 17 |
| (Text of Section after amendment by P.A. 96-339 )
| 18 |
| Sec. 19-12.1.
Any qualified elector who has secured an | 19 |
| Illinois
Disabled Person Identification Card in accordance | 20 |
| with The Illinois
Identification Card Act, indicating that the | 21 |
| person named thereon has a Class
1A or Class 2 disability or | 22 |
| any qualified voter who has a permanent physical
incapacity of | 23 |
| such a nature as to make it improbable that he will be
able to | 24 |
| be present at the polls at any future election, or any
voter | 25 |
| who is a resident of a facility licensed or certified pursuant |
|
|
|
HB5192 |
- 33 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| to
the Nursing Home Care Act or the MR/DD Community Care Act | 2 |
| and has a condition or disability of
such a nature as to make | 3 |
| it improbable that he will be able to be present
at the polls | 4 |
| at any future election, may secure a disabled voter's or
| 5 |
| nursing home resident's identification card, which will enable | 6 |
| him to vote
under this Article as a physically incapacitated or | 7 |
| nursing home voter.
| 8 |
| Application for a disabled voter's or nursing home | 9 |
| resident's
identification card shall be made either: (a) in | 10 |
| writing, with voter's
sworn affidavit, to the county clerk or | 11 |
| board of election commissioners, as
the case may be, and shall | 12 |
| be accompanied
by the affidavit of the attending physician | 13 |
| specifically describing the
nature of the physical incapacity | 14 |
| or the fact that the voter is a nursing
home resident and is | 15 |
| physically unable to be present at the polls on election
days; | 16 |
| or (b) by presenting, in writing or otherwise, to the county | 17 |
| clerk
or board of election commissioners, as the case may be, | 18 |
| proof that the
applicant has secured an Illinois Disabled | 19 |
| Person Identification Card
indicating that the person named | 20 |
| thereon has a Class 1A or Class 2 disability.
Upon the receipt | 21 |
| of either the sworn-to
application and the physician's | 22 |
| affidavit or proof that the applicant has
secured an Illinois | 23 |
| Disabled Person Identification Card indicating that the
person | 24 |
| named thereon has a Class 1A or Class 2 disability, the county | 25 |
| clerk
or board of election commissioners shall issue a disabled | 26 |
| voter's or
nursing home resident's identification
card. Such |
|
|
|
HB5192 |
- 34 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| identification cards shall be issued for a
period of 5 years, | 2 |
| upon the expiration of which time the voter may
secure a new | 3 |
| card by making application in the same manner as is
prescribed | 4 |
| for the issuance of an original card, accompanied by a new
| 5 |
| affidavit of the attending physician. The date of expiration of | 6 |
| such
five-year period shall be made known to any interested | 7 |
| person by the
election authority upon the request of such | 8 |
| person. Applications for the
renewal of the identification | 9 |
| cards shall be mailed to the voters holding
such cards not less | 10 |
| than 3 months prior to the date of expiration of the cards.
| 11 |
| Each disabled voter's or nursing home resident's | 12 |
| identification card
shall bear an identification number, which | 13 |
| shall be clearly noted on the voter's
original and duplicate | 14 |
| registration record cards. In the event the
holder becomes | 15 |
| physically capable of resuming normal voting, he must
surrender | 16 |
| his disabled voter's or nursing home resident's identification
| 17 |
| card to the county clerk or board of election commissioners | 18 |
| before the next election.
| 19 |
| The holder of a disabled voter's or nursing home resident's
| 20 |
| identification card may make application by mail for an | 21 |
| official ballot
within the time prescribed by Section 19-2. | 22 |
| Such application shall contain
the same information as is
| 23 |
| included in the form of application for ballot by a physically
| 24 |
| incapacitated elector prescribed in Section 19-3 except that it | 25 |
| shall
also include the applicant's disabled voter's | 26 |
| identification card number
and except that it need not be sworn |
|
|
|
HB5192 |
- 35 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| to. If an examination of the records
discloses that the | 2 |
| applicant is lawfully entitled to vote, he shall be
mailed a | 3 |
| ballot or ballots as provided in Section 19-4 and, if | 4 |
| applicable, in Section 19-4.5 . The ballot envelope shall
be the | 5 |
| same as that prescribed in Section 19-5 for physically disabled
| 6 |
| voters, and the manner of voting and returning the ballot shall | 7 |
| be the
same as that provided in this Article for other absentee | 8 |
| ballots, except
that a statement to be subscribed to by the | 9 |
| voter but which need not be
sworn to shall be placed on the | 10 |
| ballot envelope in lieu of the affidavit
prescribed by Section | 11 |
| 19-5.
| 12 |
| Any person who knowingly subscribes to a false statement in
| 13 |
| connection with voting under this Section shall be guilty of a | 14 |
| Class A
misdemeanor.
| 15 |
| For the purposes of this Section, "nursing home resident" | 16 |
| includes a resident of a facility licensed under the MR/DD | 17 |
| Community Care Act. | 18 |
| (Source: P.A. 96-339, eff. 7-1-10.)
| 19 |
| (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| 20 |
| Sec. 20-3.
The election authority shall furnish the | 21 |
| following
applications for absentee registration or absentee | 22 |
| ballot which shall be
considered a method of application in | 23 |
| lieu of the official postcard.
| 24 |
| 1. Members of the United States Service, citizens of the | 25 |
| United
States temporarily residing outside the territorial |
|
|
|
HB5192 |
- 36 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| limits of the United
States, and certified program participants | 2 |
| under the Address Confidentiality
for Victims of Domestic | 3 |
| Violence Act may make application within the periods
prescribed | 4 |
| in Sections
20-2 or 20-2.1, as the case may be. Such | 5 |
| application shall be
substantially in the following form:
| 6 |
| "APPLICATION FOR BALLOT
| 7 |
| To be voted at the............ election in the precinct in | 8 |
| which is
located my residence at..............., in the | 9 |
| city/village/township of
............(insert home address) | 10 |
| County of........... and State of
Illinois.
| 11 |
| I state that I am a citizen of the United States; that on | 12 |
| (insert
date of election) I shall have resided in the State of | 13 |
| Illinois and in
the election precinct for 30 days; that on the | 14 |
| above date I shall be the
age of 18 years or above; that I am | 15 |
| lawfully entitled to vote in such
precinct at that election; | 16 |
| that I am (check category 1, 2, or 3
below):
| 17 |
| 1. ( ) a member of the United States Service,
| 18 |
| 2. ( ) a citizen of the United States temporarily residing | 19 |
| outside
the territorial limits of the United States and that I | 20 |
| expect to be
absent from the said county of my residence on the | 21 |
| date of holding such
election, and that I will have no | 22 |
| opportunity to vote in person on that
day.
| 23 |
| 3. ( ) a certified program participant under the Address
| 24 |
| Confidentiality for Victims of Domestic Violence Act.
| 25 |
| I hereby make application for an official ballot or ballots | 26 |
| to be
voted by me at such election if I am absent from the said |
|
|
|
HB5192 |
- 37 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| county of my
residence, and I agree that I shall return said | 2 |
| ballot or ballots to the
election authority postmarked no later | 3 |
| than midnight preceding election day, for counting no later | 4 |
| than during the period for counting provisional ballots, the | 5 |
| last day of which is the 14th day following election day or | 6 |
| shall destroy said ballot or ballots.
| 7 |
| (Check below only if category 2 or 3 and not previously | 8 |
| registered)
| 9 |
| ( ) I hereby make application to become registered as a | 10 |
| voter and
agree to return the forms and affidavits for | 11 |
| registration to the
election authority not later than 30 days | 12 |
| before the election.
| 13 |
| Under penalties as provided by law pursuant to Article 29 | 14 |
| of The
Election Code, the undersigned certifies that the | 15 |
| statements set forth
in this application are true and correct.
| 16 |
| .........................
| 17 |
| Post office address or service address to which | 18 |
| registration
materials or ballot should be mailed
| 19 |
| .........................
| 20 |
| .........................
| 21 |
| .........................
| 22 |
| ........................"
| 23 |
| If application is made for a primary election ballot, such
| 24 |
| application shall designate the name of the political party | 25 |
| with which
the applicant is affiliated.
| 26 |
| Such applications may be obtained from the election |
|
|
|
HB5192 |
- 38 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| authority having
jurisdiction over the person's precinct of | 2 |
| residence.
| 3 |
| 2. A spouse or dependent of a member of the United States | 4 |
| Service,
said spouse or dependent being a registered voter in | 5 |
| the county, may
make application on behalf of said person in | 6 |
| the office of the election
authority within the periods | 7 |
| prescribed in Section 20-2 which shall be
substantially in the | 8 |
| following form:
| 9 |
| "APPLICATION FOR BALLOT to be voted at the........... election | 10 |
| in
the precinct in which is located the residence of the person | 11 |
| for whom
this application is made at.............(insert | 12 |
| residence address) in
the city/village/township of......... | 13 |
| County of.......... and State
of Illinois.
| 14 |
| I certify that the following named person................ | 15 |
| (insert
name of person) is a member of the United States | 16 |
| Service.
| 17 |
| I state that said person is a citizen of the United States; | 18 |
| that on
(insert date of election) said person shall have | 19 |
| resided in the State of
Illinois and in the election precinct | 20 |
| for which this application is made
for 30 days; that on the | 21 |
| above date said person shall be the age of 18
years or above; | 22 |
| that said person is lawfully entitled to vote in such
precinct | 23 |
| at that election; that said person is a member of the United
| 24 |
| States Service, and that in the course of his duties said | 25 |
| person expects
to be absent from his county of residence on the | 26 |
| date of holding such
election, and that said person will have |
|
|
|
HB5192 |
- 39 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| no opportunity to vote in
person on that day.
| 2 |
| I hereby make application for an official ballot or ballots | 3 |
| to be
voted by said person at such election and said person | 4 |
| agrees that he
shall return said ballot or ballots to the | 5 |
| election authority postmarked no later than midnight preceding | 6 |
| election day, for counting no later than during the period for | 7 |
| counting provisional ballots, the last day of which is the 14th | 8 |
| day following election day, or shall destroy
said ballot or | 9 |
| ballots.
| 10 |
| I hereby certify that I am the (mother, father, sister, | 11 |
| brother,
husband or wife) of the said elector, and that I am a | 12 |
| registered voter
in the election precinct for which this | 13 |
| application is made. (Strike all
but one that is applicable.)
| 14 |
| Under penalties as provided by law pursuant to Article 29 | 15 |
| of The
Election Code, the undersigned certifies that the | 16 |
| statements set forth
in this application are true and correct.
| 17 |
| Name of applicant ......................
| 18 |
| Residence address ........................
| 19 |
| City/village/township........................
| 20 |
| Service address to which ballot should be mailed:
| 21 |
| .........................
| 22 |
| .........................
| 23 |
| .........................
| 24 |
| ........................"
| 25 |
| If application is made for a primary election ballot, such
| 26 |
| application shall designate the name of the political party |
|
|
|
HB5192 |
- 40 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| with which
the person for whom application is made is | 2 |
| affiliated.
| 3 |
| Such applications may be obtained from the election | 4 |
| authority having
jurisdiction over the voting precinct in which | 5 |
| the person for whom
application is made is entitled to vote.
| 6 |
| (Source: P.A. 96-312, eff. 1-1-10.)
| 7 |
| (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| 8 |
| Sec. 20-4. Immediately upon the receipt of the official | 9 |
| postcard or
an application as provided in Section 20-3 within | 10 |
| the times heretofore
prescribed, the election authority shall | 11 |
| ascertain whether or not such
applicant is legally entitled to | 12 |
| vote as requested, including verification of the applicant's | 13 |
| signature by comparison with the signature on the official | 14 |
| registration record card, if any. If the election
authority | 15 |
| ascertains that the applicant
is lawfully entitled to vote, it | 16 |
| shall enter the name, street address,
ward and precinct number | 17 |
| of such applicant on a list to be posted in his
or its office in | 18 |
| a place accessible to the public.
Within one day after posting | 19 |
| the name and other information of an
applicant for a ballot, | 20 |
| the election authority shall transmit that name and
posted | 21 |
| information to the State Board of Elections, which shall | 22 |
| maintain the
names and other information in an electronic | 23 |
| format on its website, arranged by
county and accessible to | 24 |
| State and local political committees.
As soon as the
official | 25 |
| ballot is prepared the election authority shall immediately
|
|
|
|
HB5192 |
- 41 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| deliver the same to the applicant in person or by mail, in the | 2 |
| manner
prescribed in Section 20-4.5, when applicable, and
| 3 |
| Section 20-5.
| 4 |
| If any such election authority receives a second or | 5 |
| additional
application which it believes is from the same | 6 |
| person, he or it shall
submit it to the chief judge of the | 7 |
| circuit court or any judge of that
court designated by the | 8 |
| chief judge. If the chief judge or his designate
determines | 9 |
| that the application submitted to him is a second or
additional | 10 |
| one, he shall so notify the election authority who shall
| 11 |
| disregard the second or additional application.
| 12 |
| The election authority shall maintain a list for each | 13 |
| election of the
voters to whom it has issued absentee ballots. | 14 |
| The list
shall be maintained for each precinct within the | 15 |
| jurisdiction of the
election authority. Prior to the opening of | 16 |
| the polls on election day,
the election authority shall deliver | 17 |
| to the judges of election in each
precinct the list of | 18 |
| registered voters in that precinct to whom absentee
ballots | 19 |
| have been issued.
| 20 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| 21 |
| (10 ILCS 5/20-4.5 new)
| 22 |
| Sec. 20-4.5. Primary ballots. | 23 |
| (a) A person entitled to vote by absentee ballot at a | 24 |
| primary shall not be required to declare his or her political | 25 |
| party affiliation and shall be provided with the ballots of all |
|
|
|
HB5192 |
- 42 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| established political parties nominating candidates for | 2 |
| offices for which the absentee voter is entitled to vote at | 3 |
| that primary. That absentee voter may mark, cast, and have | 4 |
| counted the primary ballot of only one established political | 5 |
| party. | 6 |
| (b) With respect to the marking, casting, and counting of | 7 |
| primary ballots, absentee voting shall be conducted in | 8 |
| accordance with Sections 7-43 and 7-44 of this Code as well as | 9 |
| the provisions of this Article. | 10 |
| (c) When voting absentee at a primary, the voter shall be | 11 |
| instructed to return all ballots to the election authority.
| 12 |
| (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| 13 |
| Sec. 20-5.
The election authority shall fold the ballot or | 14 |
| ballots in
the manner specified by the statute for folding | 15 |
| ballots prior to their
deposit in the ballot box and shall | 16 |
| enclose such ballot in an envelope
unsealed to be furnished by | 17 |
| it, which envelope shall bear upon the face
thereof the name, | 18 |
| official title and post office address of the election
| 19 |
| authority, and upon the other side of such envelope there shall | 20 |
| be
printed a certification in substantially the following form:
| 21 |
| "CERTIFICATION
| 22 |
| I state that I am a resident/former resident of the ....... | 23 |
| precinct of
the city/village/township of ............, | 24 |
| (Designation to be made by
Election Authority) or of the .... | 25 |
| ward in the city of ...........
(Designation to be made by |
|
|
|
HB5192 |
- 43 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| Election Authority) residing at ................
in said | 2 |
| city/village/township in the county of ........... and State of
| 3 |
| Illinois; that I am a
| 4 |
| 1. ( ) member of the United States Service
| 5 |
| 2. ( ) citizen of the United States temporarily residing | 6 |
| outside the
territorial limits of the United States
| 7 |
| 3. ( ) nonresident civilian citizen
| 8 |
| and desire to cast the enclosed ballot pursuant to Article 20 | 9 |
| of The Election
Code; that I am lawfully entitled to vote in | 10 |
| such precinct at the ...........
election to be held on | 11 |
| ............
| 12 |
| I further state that I marked the enclosed ballot in | 13 |
| secret.
| 14 |
| Under penalties as provided by law pursuant to Article 29 | 15 |
| of The
Election Code, the undersigned certifies that the | 16 |
| statements set forth
in this certification are true and | 17 |
| correct.
| 18 |
| ...............(Name)
| 19 |
| .....................
| 20 |
| (Service Address)"
| 21 |
| .....................
| 22 |
| .....................
| 23 |
| .....................
| 24 |
| If the ballot enclosed is to be voted at a primary | 25 |
| election, the
certification shall designate the name of the | 26 |
| political party with which
the voter is affiliated.
|
|
|
|
HB5192 |
- 44 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| In addition to the above, the election authority shall | 2 |
| provide
printed slips giving full instructions regarding the | 3 |
| manner of completing
the forms and affidavits for absentee | 4 |
| registration or the manner of marking
and returning the ballot | 5 |
| in order that the same may be counted, and
shall furnish one of | 6 |
| the printed slips to each of the applicants at the
same time | 7 |
| the registration materials or ballot is delivered to him.
| 8 |
| In addition to the above, if a ballot to be provided to an | 9 |
| elector
pursuant to this Section contains a public question | 10 |
| described in subsection
(b) of Section 28-6 and the territory | 11 |
| concerning which the question is
to be submitted is not | 12 |
| described on the ballot due to the space limitations
of such | 13 |
| ballot, the election authority shall provide a printed copy of
| 14 |
| a notice of the public question, which shall include a | 15 |
| description of the
territory in the manner required by Section | 16 |
| 16-7. The
notice shall be furnished to the elector at the same | 17 |
| time the ballot
is delivered to the elector.
| 18 |
| The envelope in which such registration or such ballot is | 19 |
| mailed to the
voter as well as the envelope in which the | 20 |
| registration materials or the
ballot is returned by the voter | 21 |
| shall have
printed across the face thereof two parallel | 22 |
| horizontal red bars, each
one-quarter inch wide, extending from | 23 |
| one side of the envelope to the
other side, with an intervening | 24 |
| space of one-quarter inch, the top bar
to be one and | 25 |
| one-quarter inches from the top of the envelope, and with
the | 26 |
| words "Official Election Balloting Material-VIA AIR MAIL" |
|
|
|
HB5192 |
- 45 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| between the
bars. In the upper right corner of such envelope in | 2 |
| a box, there shall be
printed the words: "U.S. Postage Paid 42 | 3 |
| USC 1973". All printing
on the face of such envelopes shall be | 4 |
| in red, including an appropriate
inscription or blank in the | 5 |
| upper left corner of return address of sender.
| 6 |
| The envelope in which the ballot is returned to the | 7 |
| election authority may be delivered (i) by mail, postage paid, | 8 |
| (ii) in person, by the spouse, parent, child, brother, or | 9 |
| sister of the voter, or (iii) by a company engaged in the | 10 |
| business of making deliveries of property and licensed as a | 11 |
| motor carrier of property by the Illinois Commerce Commission | 12 |
| under the Illinois Commercial Transportation Law. | 13 |
| (Source: P.A. 96-512, eff. 1-1-10.)
| 14 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 15 |
| Sec. 20-8. Time and place of counting ballots. | 16 |
| (a) (Blank.) | 17 |
| (b) Each absent voter's ballot returned to an election | 18 |
| authority, by any means authorized by this Article, and | 19 |
| received by that election authority before the closing of the | 20 |
| polls on election day shall be endorsed by the receiving | 21 |
| election authority with the day and hour of receipt and shall | 22 |
| be counted in the central ballot counting location of the | 23 |
| election authority on the day of the election after 7:00 p.m., | 24 |
| except as provided in subsections (g) and (g-5).
| 25 |
| (c) Each absent voter's ballot that is mailed to an |
|
|
|
HB5192 |
- 46 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| election authority and postmarked by the midnight preceding the | 2 |
| opening of the polls on election day, but that is received by | 3 |
| the election authority after the polls close on election day | 4 |
| and before the close 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 central ballot counting location of the | 8 |
| election authority during the period for counting provisional | 9 |
| ballots. | 10 |
| Each absent voter's ballot that is mailed to an election | 11 |
| authority absent a postmark, but that is received by the | 12 |
| election authority after the polls close on election day and | 13 |
| before the close of the period for counting provisional ballots | 14 |
| cast at that election, shall be endorsed by the receiving | 15 |
| authority with the day and hour of receipt, opened to inspect | 16 |
| the date inserted on the certification, and, if the | 17 |
| certification date is a date preceding the election day and the | 18 |
| ballot is otherwise found to be valid under the requirements of | 19 |
| this Section, counted at the central ballot counting location | 20 |
| of the election authority during the period for counting | 21 |
| provisional ballots. Absent a date on the certification, the | 22 |
| ballot shall not be counted.
| 23 |
| (d) Special write-in absentee voter's blank ballots | 24 |
| returned to an election authority, by any means authorized by | 25 |
| this Article, and received by the election authority at any | 26 |
| time before the closing of the polls on election day shall be |
|
|
|
HB5192 |
- 47 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| endorsed by the receiving election authority with the day and | 2 |
| hour of receipt and shall be counted at the central ballot | 3 |
| counting location of the election authority during the same | 4 |
| period provided for counting absent voters' ballots under | 5 |
| subsections (b), (g), and (g-5). Special write-in absentee | 6 |
| voter's blank ballot that are mailed to an election authority | 7 |
| and postmarked by midnight preceding the opening of the polls | 8 |
| on election day, but that are received by the election | 9 |
| authority after the polls close on election day and before the | 10 |
| closing of the period for counting provisional ballots cast at | 11 |
| that election, shall be endorsed by the receiving authority | 12 |
| with the day and hour of receipt and shall be counted at the | 13 |
| central ballot counting location of the election authority | 14 |
| during the same periods provided for counting absent voters' | 15 |
| ballots under subsection (c).
| 16 |
| (e) Except as otherwise provided in this Section, absent | 17 |
| voters' ballots and special write-in absentee voter's blank | 18 |
| ballots received by the election authority after the closing of | 19 |
| the polls on the day of election shall be
endorsed by the | 20 |
| person receiving the ballots with the day and hour of
receipt | 21 |
| and shall be safely kept unopened by the election authority for
| 22 |
| the period of time required for the preservation of ballots | 23 |
| used at the
election, and shall then, without being opened, be | 24 |
| destroyed in like
manner as the used ballots of that election.
| 25 |
| (f) Counting required under this Section to begin on | 26 |
| election day after the closing of the polls shall commence no |
|
|
|
HB5192 |
- 48 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 2 |
| panels of election judges appointed in the manner provided
by | 3 |
| law. The counting shall continue until all absent voters' | 4 |
| ballots and special write-in absentee voter's blank ballots | 5 |
| required to be counted on election day have been counted.
| 6 |
| (g) The procedures set forth in Articles 17 and
18 and, | 7 |
| with respect to primaries, in Section 20-4.5 of this Code shall | 8 |
| apply to all ballots counted under
this Section. In addition, | 9 |
| within 2 days after a ballot subject to this Article is | 10 |
| received, but in all cases before the close of the period for | 11 |
| counting provisional ballots, the election judge or official | 12 |
| shall compare the voter's signature on the certification | 13 |
| envelope of that ballot with the signature of the voter on file | 14 |
| in the office of the election authority. If the election judge | 15 |
| or official determines that the 2 signatures match, and that | 16 |
| the voter is otherwise qualified to cast a ballot under this | 17 |
| Article, the election authority shall cast and count the ballot | 18 |
| on election day or the day the ballot is determined to be | 19 |
| valid, whichever is later, adding the results to the precinct | 20 |
| in which the voter is registered. If the election judge or | 21 |
| official determines that the signatures do not match, or that | 22 |
| the voter is not qualified to cast a ballot under this Article, | 23 |
| then without opening the certification envelope, the judge or | 24 |
| official shall mark across the face of the certification | 25 |
| envelope the word "Rejected" and shall not cast or count the | 26 |
| ballot. |
|
|
|
HB5192 |
- 49 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| In addition to the voter's signatures not matching, a | 2 |
| ballot subject to this Article may be rejected by the election | 3 |
| judge or official: | 4 |
| (1) if the ballot envelope is open or has been opened | 5 |
| and resealed; | 6 |
| (2) if the voter has already cast an early or grace | 7 |
| period ballot; | 8 |
| (3) if the voter voted in person on election day or the | 9 |
| voter is not a duly registered voter in the precinct; or | 10 |
| (4) on any other basis set forth in this Code. | 11 |
| If the election judge or official determines that any of | 12 |
| these reasons apply, the judge or official shall mark across | 13 |
| the face of the certification envelope the word "Rejected" and | 14 |
| shall not cast or count the ballot. | 15 |
| (g-5) If a ballot subject to this Article is rejected by | 16 |
| the election judge or official for any reason, the election | 17 |
| authority shall, within 2 days after the rejection but in all | 18 |
| cases before the close of the period for counting provisional | 19 |
| ballots, notify the voter that his or her ballot was rejected. | 20 |
| The notice shall inform the voter of the reason or reasons the | 21 |
| ballot was rejected and shall state that the voter may appear | 22 |
| before the election authority, on or before the 14th day after | 23 |
| the election, to show cause as to why the ballot should not be | 24 |
| rejected. The voter may present evidence to the election | 25 |
| authority supporting his or her contention that the ballot | 26 |
| should be counted. The election authority shall appoint a panel |
|
|
|
HB5192 |
- 50 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| of 3 election judges to review the contested ballot, | 2 |
| application, and certification envelope, as well as any | 3 |
| evidence submitted by the absentee voter. No more than 2 | 4 |
| election judges on the reviewing panel shall be of the same | 5 |
| political party. The reviewing panel of election judges shall | 6 |
| make a final determination as to the validity of the contested | 7 |
| ballot. The judges' determination shall not be reviewable | 8 |
| either administratively or judicially. | 9 |
| A ballot subject to this subsection that is determined to | 10 |
| be valid shall be counted before the close of the period for | 11 |
| counting provisional ballots. | 12 |
| (g-10) All ballots determined to be valid shall be added to | 13 |
| the vote totals for the precincts for which they were cast in | 14 |
| the order in which the ballots were opened.
| 15 |
| (h) Each political party,
candidate, and qualified civic | 16 |
| organization shall be entitled to have
present one pollwatcher | 17 |
| for each panel of election judges therein assigned.
| 18 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | 19 |
| 95-699, eff. 11-9-07.)
| 20 |
| Section 95. No acceleration or delay. Where this Act makes | 21 |
| changes in a statute that is represented in this Act by text | 22 |
| that is not yet or no longer in effect (for example, a Section | 23 |
| represented by multiple versions), the use of that text does | 24 |
| not accelerate or delay the taking effect of (i) the changes | 25 |
| made by this Act or (ii) provisions derived from any other |
|
|
|
HB5192 |
- 51 - |
LRB096 19866 JAM 35322 b |
|
| 1 |
| Public Act. |
|