Full Text of HB5202 93rd General Assembly
HB5202 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5202
Introduced 02/05/04, by Paul D. Froehlich SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/20-1 |
from Ch. 46, par. 20-1 |
10 ILCS 5/20-2 |
from Ch. 46, par. 20-2 |
10 ILCS 5/20-2.1 |
from Ch. 46, par. 20-2.1 |
10 ILCS 5/20-2.2 |
from Ch. 46, par. 20-2.2 |
10 ILCS 5/20-4 |
from Ch. 46, par. 20-4 |
10 ILCS 5/20-5 |
from Ch. 46, par. 20-5 |
10 ILCS 5/20-6 |
from Ch. 46, par. 20-6 |
10 ILCS 5/20-7 |
from Ch. 46, par. 20-7 |
10 ILCS 5/20-8 |
from Ch. 46, par. 20-8 |
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Amends the Election Code. Authorizes (i) civilian citizens outside the U.S. voting for federal officials, (ii) Merchant Marines and their qualified spouses and dependents, (iii) federal government employees stationed outside the U.S. and their qualified spouses and dependents, and (iv) citizens temporarily residing outside the U.S. and their qualified spouses and dependents to register to vote, request absentee ballots, and vote by fax machine or other electronic means (now, only members of the Armed Forces and their qualified spouses and dependents). Redefines "Armed Forces" to include the Reserve component and the Illinois National Guard. Requires election authorities to have the means to send and receive fax and other electronic transmissions. Requires the State Board of Elections to adopt necessary rules.
Effective immediately.
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A BILL FOR
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HB5202 |
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LRB093 21047 JAM 47068 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 20-1, 20-2, 20-2.1, 20-2.2, 20-4, 20-5, 20-6, 20-7, | 6 |
| and 20-8 as follows:
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| (10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
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| Sec. 20-1. The following words and phrases contained in | 9 |
| this Article
shall be construed as follows:
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| 1. "Territorial limits of the United States" means each of | 11 |
| the several
States of the United States and includes the | 12 |
| District of Columbia, the
Commonwealth of Puerto Rico, Guam and | 13 |
| the Virgin Islands; but does not
include American Samoa, the | 14 |
| Canal Zone, the Trust Territory of the Pacific
Islands or any | 15 |
| other territory or possession of the United States.
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| 2. "Member of the United States Service" means (a) members | 17 |
| of the Armed
Forces , Reserve component of the United States | 18 |
| Armed Forces, or Illinois National Guard, while on active duty | 19 |
| and their spouses and dependents of voting
age when residing | 20 |
| with or accompanying them, (b) members of the Merchant
Marine | 21 |
| of the United States and their spouses and dependents when | 22 |
| residing
with or accompanying them and (c) United States | 23 |
| government employees serving
outside the territorial limits of | 24 |
| the United States.
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| 3. "Citizens of the United States temporarily residing | 26 |
| outside the
territorial limits of the United States" means | 27 |
| civilian citizens of the
United States and their spouses and | 28 |
| dependents of voting age when residing
with or accompanying | 29 |
| them, who maintain a precinct residence in a county in
this | 30 |
| State and whose intent to return may be ascertained.
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| 4. "Non-Resident Civilian Citizens" means civilian | 32 |
| citizens of the United
States (a) who reside outside the |
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| territorial limits of the United States,
(b) who had maintained | 2 |
| a precinct residence in a county in this State
immediately | 3 |
| prior to their departure from the United States, (c) who do not
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| maintain a residence and are not registered to vote in any | 5 |
| other State, and
(d) whose intent to return to this State may | 6 |
| be uncertain.
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| 5. "Official postcard" means the postcard application for | 8 |
| registration
to vote or for an absentee ballot in the form | 9 |
| provided in Section 204(c)
of the Federal Voting Rights Act of | 10 |
| 1955, as amended (42 U.S.C. 1973cc-14(c)).
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| 6. "Federal office" means the offices of President and | 12 |
| Vice-President
of the United States, United States Senator, | 13 |
| Representative in Congress,
delegates and alternate delegates | 14 |
| to the national nominating conventions
and candidates for the | 15 |
| Presidential Preference Primary.
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| 7. "Federal election" means any general, primary or special | 17 |
| election at
which candidates are nominated or elected to | 18 |
| Federal office.
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| 8. "Dependent", for purposes of this Article, shall mean a | 20 |
| father, mother,
brother, sister, son or daughter.
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| (Source: P.A. 81-953.)
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| (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
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| Sec. 20-2. Any member of the United States Service, | 24 |
| otherwise qualified
to vote, who expects in the course of his | 25 |
| duties to be absent from the
county in which he resides on the | 26 |
| day of holding any election may make
application for an | 27 |
| absentee ballot to the election authority having
jurisdiction | 28 |
| over his precinct of residence on the official postcard or on
a | 29 |
| form furnished by the election authority as prescribed by | 30 |
| Section 20-3 of
this Article not less than 10 days before the | 31 |
| election. The request for an application for an absentee ballot | 32 |
| may be made by a facsimile machine or electronic transmission. | 33 |
| Each election authority in the State shall establish the means | 34 |
| by which to send and receive absentee ballot request forms by | 35 |
| facsimile machine or electronic transmission. A request |
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| pursuant
to this Section shall entitle the applicant to an | 2 |
| absentee ballot for every
election in one calendar year. The | 3 |
| original application for ballot shall be
kept in the office of | 4 |
| the election authority for one year as authorization
to send a | 5 |
| ballot to the voter for each election to be held within that
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| calendar year. A certified copy of such application for ballot | 7 |
| shall be
sent each election with the absentee ballot to the | 8 |
| polling place to be used
in lieu of the original application | 9 |
| for ballot. No registration shall be
required in order to vote | 10 |
| pursuant to this Section.
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| Ballots under this Section shall be mailed or transmitted | 12 |
| by facsimile or other electronic means by the election | 13 |
| authority in
the manner prescribed by Section 20-5 of this | 14 |
| Article and not otherwise.
Ballots voted under this Section | 15 |
| must be returned to the election authority
in sufficient time | 16 |
| for delivery to the proper precinct polling place before
the | 17 |
| closing of the polls on the day of the election. Prior to the | 18 |
| next general election taking place after the effective date of | 19 |
| this amendatory Act of the 93rd General Assembly, the State | 20 |
| Board of Elections shall promulgate rules for sending and | 21 |
| receiving applications, postcards, and ballots by facsimile or | 22 |
| electronic transmission. Rules shall include, at a minimum, a | 23 |
| requirement that returned ballots must be accompanied by the | 24 |
| voter's signature, electronic or written, consenting to a | 25 |
| waiver of the voter's right to secrecy of the ballot.
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| (Source: P.A. 86-875.)
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| (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
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| Sec. 20-2.1. Citizens of the United States temporarily | 29 |
| residing outside
the territorial limits of the United States | 30 |
| who are not registered but
otherwise qualified to vote and who | 31 |
| expect to be absent from their county
of residence during the | 32 |
| periods of voter registration provided for in
Articles 4, 5 or | 33 |
| 6 of this Code and on the day of holding any election, may
make | 34 |
| simultaneous application to the election authority having | 35 |
| jurisdiction
over their precinct of residence for an absentee |
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| registration and absentee
ballot not less than 30 days before | 2 |
| the election. The request for an absentee registration and an | 3 |
| application for an absentee ballot may be made by a facsimile | 4 |
| machine or electronic transmission. Such application may be
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| made on the official postcard or on a form furnished by the | 6 |
| election
authority as prescribed by Section 20-3 of this | 7 |
| Article. A request pursuant
to this Section shall entitle the | 8 |
| applicant to an absentee ballot for every
election in one | 9 |
| calendar year. The original application for ballot shall be
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| kept in the office of the election authority for one year as | 11 |
| authorization
to send a ballot to the voter for each election | 12 |
| to be held within that
calendar year. A certified copy of such | 13 |
| application for ballot shall be
sent each election with the | 14 |
| absentee ballot to the polling place to be used
in lieu of the | 15 |
| original application for ballot.
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| Registration shall be required in order to vote pursuant to | 17 |
| this Section.
However, if the election authority receives one | 18 |
| of such applications after
30 days but not less than 10 days | 19 |
| before a Federal election, said applicant
shall be sent a | 20 |
| ballot containing the Federal offices only and registration
for | 21 |
| that election shall be waived.
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| Ballots under this Section shall be mailed or transmitted | 23 |
| by facsimile or other electronic means by the election | 24 |
| authority in
the manner prescribed by Section 20-5 of this | 25 |
| Article and not otherwise. Prior to the next general election | 26 |
| taking place after the effective date of this amendatory Act of | 27 |
| the 93rd General Assembly, the State Board of Elections shall | 28 |
| promulgate rules for sending and receiving applications, | 29 |
| postcards, and ballots by facsimile or electronic | 30 |
| transmission. Rules shall include, at a minimum, a requirement | 31 |
| that returned ballots must be accompanied by the voter's | 32 |
| signature, electronic or written, consenting to a waiver of the | 33 |
| voter's right to secrecy of the ballot.
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| Ballots under this Section must be returned to the election | 35 |
| authority in
sufficient time for delivery to the proper | 36 |
| precinct polling place before
the closing of the polls on the |
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| day of the election.
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| (Source: P.A. 86-875.)
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| (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
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| Sec. 20-2.2. Any non-resident civilian citizen, otherwise | 5 |
| qualified to
vote, may make application to the election | 6 |
| authority having jurisdiction
over his precinct of former | 7 |
| residence for an absentee ballot containing
the Federal offices | 8 |
| only not less than 10 days before a Federal election.
Such | 9 |
| application may be made only on the official postcard or by | 10 |
| facsimile or electronic transmission . A request
pursuant to | 11 |
| this Section shall entitle the applicant to an absentee ballot
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| for every election in one calendar year at which Federal | 13 |
| offices are
filled. The original application for ballot shall | 14 |
| be kept in the office of
the election authority for one year as | 15 |
| authorization to send a ballot to
the voter for each election | 16 |
| to be held within that calendar year at which
Federal offices | 17 |
| are filled. A certified copy of such application for
ballot | 18 |
| shall be sent each election with the absentee ballot to the | 19 |
| polling
place to be used in lieu of the original application | 20 |
| for ballot.
No registration shall be required in order to vote | 21 |
| pursuant to this Section.
Ballots under this Section shall be | 22 |
| mailed or transmitted by facsimile or other electronic means by | 23 |
| the election authority in
the manner prescribed by Section 20-5 | 24 |
| of this Article and not otherwise.
Prior to the next general | 25 |
| election taking place after the effective date of this | 26 |
| amendatory Act of the 93rd General Assembly, the State Board of | 27 |
| Elections shall promulgate rules for sending and receiving | 28 |
| applications, postcards, and ballots by facsimile or | 29 |
| electronic transmission. Rules shall include, at a minimum, a | 30 |
| requirement that returned ballots must be accompanied by the | 31 |
| voter's signature, electronic or written, consenting to a | 32 |
| waiver of the voter's right to secrecy of the ballot. Ballots | 33 |
| under this Section must be returned to the election authority | 34 |
| in
sufficient time for delivery to the proper precinct polling | 35 |
| place before
the closing of the polls on the day of the |
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| election.
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| (Source: P.A. 86-875.)
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| (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
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| Sec. 20-4. Immediately upon the receipt of the official | 5 |
| postcard or
an application as provided in Section 20-3 within | 6 |
| the times heretofore
prescribed, the election authority shall | 7 |
| ascertain whether or not such
applicant is legally entitled to | 8 |
| vote as requested. If the election
authority ascertains that | 9 |
| the applicant
is lawfully entitled to vote, it shall enter the | 10 |
| name, street address,
ward and precinct number of such | 11 |
| applicant on a list to be posted in his
or its office in a place | 12 |
| accessible to the public. As soon as the
official ballot is | 13 |
| prepared the election authority shall immediately
deliver the | 14 |
| same to the applicant in person ,
or by mail , or by use of a | 15 |
| facsimile machine or electronic transmission , in the manner
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| prescribed in Section 20-5.
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| If any such election authority receives a second or | 18 |
| additional
application which it believes is from the same | 19 |
| person, he or it shall
submit it to the chief judge of the | 20 |
| circuit court or any judge of that
court designated by the | 21 |
| chief judge. If the chief judge or his designate
determines | 22 |
| that the application submitted to him is a second or
additional | 23 |
| one, he shall so notify the election authority who shall
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| disregard the second or additional application.
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| The election authority shall maintain a list for each | 26 |
| election of the
voters to whom it has issued absentee ballots. | 27 |
| The list
shall be maintained for each precinct within the | 28 |
| jurisdiction of the
election authority. Prior to the opening of | 29 |
| the polls on election day,
the election authority shall deliver | 30 |
| to the judges of election in each
precinct the list of | 31 |
| registered voters in that precinct to whom absentee
ballots | 32 |
| have been issued.
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| Election authorities may transmit, by facsimile machine or | 34 |
| electronic means, a ballot simultaneously with transmitting an | 35 |
| application for absentee ballot; provided that no such ballot |
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| shall be counted unless an application has been completed by | 2 |
| the voter and its authenticity verified prior to or | 3 |
| simultaneously with receipt of the completed ballot by the | 4 |
| election authority.
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| (Source: P.A. 81-0155; 81-0953; 81-1509.)
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| (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
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| Sec. 20-5. The election authority shall fold the ballot or | 8 |
| ballots in
the manner specified by the statute for folding | 9 |
| ballots prior to their
deposit in the ballot box and shall | 10 |
| enclose such ballot in an envelope
unsealed to be furnished by | 11 |
| it, which envelope shall bear upon the face
thereof the name, | 12 |
| official title and post office address of the election
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| authority, and upon the other side of such envelope there shall | 14 |
| be
printed a certification in substantially the following form:
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| "CERTIFICATION
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| I state that I am a resident/former resident of the ....... | 17 |
| precinct of
the city/village/township of ............, | 18 |
| (Designation to be made by
Election Authority) or of the .... | 19 |
| ward in the city of ...........
(Designation to be made by | 20 |
| Election Authority) residing at ................
in said | 21 |
| city/village/township in the county of ........... and State of
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| Illinois; that I am a
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| 1. ( ) member of the United States Service
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| 2. ( ) citizen of the United States temporarily residing | 25 |
| outside the
territorial limits of the United States
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| 3. ( ) nonresident civilian citizen
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| and desire to cast the enclosed ballot pursuant to Article 20 | 28 |
| of The Election
Code; that I am lawfully entitled to vote in | 29 |
| such precinct at the ...........
election to be held on | 30 |
| ............
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| I further state that I marked the enclosed ballot in | 32 |
| secret.
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| Under penalties as provided by law pursuant to Article 29 | 34 |
| of The
Election Code, the undersigned certifies that the | 35 |
| statements set forth
in this certification are true and |
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| correct.
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| ...............(Name)
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| .....................
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| (Service Address)"
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| .....................
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| .....................
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| .....................
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| If the ballot enclosed is to be voted at a primary | 9 |
| election, the
certification shall designate the name of the | 10 |
| political party with which
the voter is affiliated.
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| In addition to the above, the election authority shall | 12 |
| provide
printed slips giving full instructions regarding the | 13 |
| manner of completing
the forms and affidavits for absentee | 14 |
| registration or the manner of marking
and returning the ballot | 15 |
| in order that the same may be counted, and
shall furnish one of | 16 |
| the printed slips to each of the applicants at the
same time | 17 |
| the registration materials or ballot is delivered to him.
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| In addition to the above, if a ballot to be provided to an | 19 |
| elector
pursuant to this Section contains a public question | 20 |
| described in subsection
(b) of Section 28-6 and the territory | 21 |
| concerning which the question is
to be submitted is not | 22 |
| described on the ballot due to the space limitations
of such | 23 |
| ballot, the election authority shall provide a printed copy of
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| a notice of the public question, which shall include a | 25 |
| description of the
territory in the manner required by Section | 26 |
| 16-7. The
notice shall be furnished to the elector at the same | 27 |
| time the ballot
is delivered to the elector.
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| The envelope in which such registration or such ballot is | 29 |
| mailed to the
voter as well as the envelope in which the | 30 |
| registration materials or the
ballot is returned by the voter | 31 |
| shall have
printed across the face thereof two parallel | 32 |
| horizontal red bars, each
one-quarter inch wide, extending from | 33 |
| one side of the envelope to the
other side, with an intervening | 34 |
| space of one-quarter inch, the top bar
to be one and | 35 |
| one-quarter inches from the top of the envelope, and with
the | 36 |
| words "Official Election Balloting Material-VIA AIR MAIL" |
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| 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.
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| Election authorities transmitting ballots by facsimile | 7 |
| machines or electronic transmission shall, to the extent | 8 |
| practical, provide the voter by facsimile machine or electronic | 9 |
| transmission with the same instructions, certification, and | 10 |
| other materials required when sending them by mail. Prior to | 11 |
| the next general election taking place after the effective date | 12 |
| of this amendatory Act of the 93rd General Assembly, the State | 13 |
| Board of Elections shall promulgate rules for sending and | 14 |
| receiving applications, postcards, and ballots by facsimile or | 15 |
| electronic transmission.
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| (Source: P.A. 84-1467.)
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| (10 ILCS 5/20-6) (from Ch. 46, par. 20-6)
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| Sec. 20-6. Such absent voter shall make and subscribe to | 19 |
| the certifications
provided for in the application and on the | 20 |
| return envelope for the
ballot, and such ballot or ballots | 21 |
| shall then be folded by such voter in
the manner required to be | 22 |
| folded before depositing the same in the
ballot box, and be | 23 |
| deposited in such envelope and the envelope securely
sealed. | 24 |
| Such envelope shall be mailed by such voter, to the officer
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| issuing the ballot or, if more convenient, it may be delivered | 26 |
| in
person.
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| When the election authority accepts ballots by facsimile | 28 |
| machine or electronic means, the voter may complete the ballot | 29 |
| and transmit it by facsimile machine or electronic means to the | 30 |
| election authority, accompanied by an electronic or written | 31 |
| signature consenting to a waiver of the voter's right to | 32 |
| secrecy of the ballot. The election authority shall adopt | 33 |
| procedures to limit access to completed ballots received by | 34 |
| facsimile machine or electronic means.
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| If the absent voter wishes to return a marked ballot that |
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| the voter received from the election authority by facsimile | 2 |
| machine or electronic transmission, the voter may use 2 plain | 3 |
| envelopes, marking one as the security envelope into which the | 4 |
| voter shall insert the marked ballot and marking the outside | 5 |
| envelope as the return envelope for mailing. Such envelopes | 6 |
| shall be sent to the proper election authority with sufficient | 7 |
| paid postage affixed.
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| (Source: P.A. 81-155.)
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| (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
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| Sec. 20-7. Upon receipt of such absent voter's ballot, the | 11 |
| officer or
officers above described shall forthwith enclose the | 12 |
| same unopened,
together with the application made by said | 13 |
| absent voter in a large or
carrier envelope which shall be | 14 |
| securely sealed and endorsed with the
name and official title | 15 |
| of such officer and the words, "This envelope
contains an | 16 |
| absent voter's ballot and must be opened
on election day," | 17 |
| together with
the number and description of the precinct in | 18 |
| which said ballot is to be
voted, and such officer shall | 19 |
| thereafter safely keep the same in his
office until counted by | 20 |
| him as provided in the next section.
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| When a ballot is received by facsimile machine or | 22 |
| electronic transmission, the election authority shall take the | 23 |
| necessary steps to prepare the ballot for counting, either in | 24 |
| the office of the election authority or in the precinct, in a | 25 |
| manner reasonably consistent with the procedure required in | 26 |
| this Section.
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| (Source: P.A. 81-155.)
| 28 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| 29 |
| Sec. 20-8. In case any such ballot is received by the | 30 |
| election
authority prior to the delivery of the official | 31 |
| ballots to the judges
of election of the precinct in which said | 32 |
| elector resides, such ballot
envelope and application, sealed | 33 |
| in the carrier envelope, shall be
enclosed in the same package | 34 |
| with the other official ballots and
therewith delivered to the |
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| judges of such precinct. In case the official
ballots for such | 2 |
| precinct have been delivered to the judges of election
at the | 3 |
| time of the receipt by the election authority of such absent
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| voter's ballot, it shall immediately enclose said envelope | 5 |
| containing
the absent voter's ballot, together with his | 6 |
| application therefor, in a
larger or carrier envelope which | 7 |
| shall be securely sealed and addressed
on the face to the | 8 |
| judges of election, giving the name or number of
precinct, | 9 |
| street and number of polling place, city or town in which such
| 10 |
| absent voter is a qualified elector, and the words, "This | 11 |
| envelope
contains an absent voter's ballot and must be opened | 12 |
| only on election
day at the polls immediately after the polls | 13 |
| are closed," mailing the
same, postage prepaid, to such judges | 14 |
| of election, or if more convenient
he or it may deliver such | 15 |
| absent voter's ballot to the judges of
election in person or by | 16 |
| duly deputized agent and secure his receipt for
delivery of | 17 |
| such ballot or ballots. Absent voter's ballots postmarked
after | 18 |
| 11:59 p.m. of the day immediately preceding the election | 19 |
| returned
to the election authority too late to be delivered to | 20 |
| the proper polling
place before the closing of the polls on the | 21 |
| day of election shall be
endorsed by the person receiving the | 22 |
| same with the day and hour of
receipt and shall be safely kept | 23 |
| unopened by the election authority for
the period of time | 24 |
| required for the preservation of ballots used at such
election, | 25 |
| and shall then, without being opened, be destroyed in like
| 26 |
| manner as the used ballots of such election.
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| If the election authority receives from the same voter both | 28 |
| a marked absent voter's ballot returned by mail and a marked | 29 |
| absent voter's ballot returned by facsimile machine or | 30 |
| electronic transmission, the election authority shall count | 31 |
| the ballot returned by mail. The ballot returned by facsimile | 32 |
| or electronic transmission shall not be counted but shall be | 33 |
| marked "Rejected Duplicate FAX Ballot" and preserved with other | 34 |
| unopened, uncounted ballots.
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| All absent voters' ballots received by the election | 36 |
| authority after 12:00
noon on election day or too late for |
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| delivery to the proper polling place
before the closing of the | 2 |
| polls on election day, except ballots returned
by mail | 3 |
| postmarked after midnight preceding the opening of the polls on
| 4 |
| election day, shall be counted in the office of the election | 5 |
| authority on
the day of the election after 7:00 p.m. All absent | 6 |
| voters' ballots delivered
in error to the wrong precinct | 7 |
| polling place shall be returned to the election
authority and | 8 |
| counted under this provision. Absent voter's ballots | 9 |
| transmitted by the voter to the election authority via | 10 |
| facsimile machine or electronic means may be counted in the | 11 |
| office of the election authority under this Section or they may | 12 |
| be delivered to the judges of election in the appropriate | 13 |
| precinct for counting as provided in Section 20-9.
| 14 |
| Such counting shall commence no later than 8:00 p.m. and | 15 |
| shall be conducted
by a panel or panels of election judges | 16 |
| appointed in the manner provided
by law. Such counting shall | 17 |
| continue until all absent voters' ballots received
as aforesaid | 18 |
| have been counted.
| 19 |
| The procedures set forth in Section 19-9 of this Act and | 20 |
| Articles 17 and
18 of this Code, shall apply to all absent | 21 |
| voters' ballots counted under
this provision; except that votes | 22 |
| shall be recorded without regard to precinct
designation.
| 23 |
| Where certain absent voters' ballots are counted in the | 24 |
| office of the
election authority as provided in this Section, | 25 |
| each political party,
candidate and qualified civic | 26 |
| organization shall be entitled to have
present one pollwatcher | 27 |
| for each panel of election judges therein assigned.
| 28 |
| (Source: P.A. 84-861.)
| 29 |
| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law.
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