Full Text of HB6077 96th General Assembly
HB6077enr 96TH GENERAL ASSEMBLY
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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 16-5.01, 20-1, 20-2.1, 20-2.2, 20-2.3, 20-4, and 20-5 | 6 |
| and by adding Section 20-25 as follows:
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| (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
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| Sec. 16-5.01. (a) The election authority shall, at least 60
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| days prior to the date of any general election at which federal | 10 |
| officers
are elected and 45 days prior to any other regular | 11 |
| election, have a
sufficient number of ballots printed so that | 12 |
| such ballots will be available
for mailing 60 days prior to the | 13 |
| date of the election to persons who have
filed application for | 14 |
| a ballot under the provisions of Article 20 of this Act.
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| (b) If at any general election at which federal offices are | 16 |
| elected
or nominated the election authority is unable to comply | 17 |
| with the provisions
of subsection (a), the election authority | 18 |
| shall mail to each such person, in
lieu of the ballot, a | 19 |
| Special Write-in Absentee Voter's Blank Ballot.
The Special | 20 |
| Write-in Absentee Voter's Blank Ballot shall be used only at
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| all general elections at which federal officers are elected or | 22 |
| nominated and shall be
prepared by the election authority in | 23 |
| substantially the following form:
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| Special Write-in Absentee Voter's Blank Ballot
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| (To vote for a person, write the title of the office and | 3 |
| his or her name
on the lines provided. Place to the left of and | 4 |
| opposite the title of
office a square and place a cross (X) in | 5 |
| the square.)
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| Title of Office Name of Candidate
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| ( )
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| ( )
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| ( )
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| ( )
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| ( )
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| ( )
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| The election authority shall send with the Special Write-in | 14 |
| Absentee
Voter's Blank Ballot a list of all referenda for which | 15 |
| the voter is qualified
to vote and all candidates for whom | 16 |
| nomination papers have been filed and
for whom the voter is | 17 |
| qualified to vote. The voter shall be entitled to
write in the | 18 |
| name of any candidate seeking
election and any referenda for | 19 |
| which he or she is entitled to vote.
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| On the back or outside of the ballot, so as to appear when | 21 |
| folded, shall
be printed the words "Official Ballot", the date | 22 |
| of the election and a
facsimile of the signature of the | 23 |
| election authority who has caused the
ballot to be printed.
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| The provisions of Article 20, insofar as they may be | 25 |
| applicable to the
Special Write-in Absentee Voter's Blank | 26 |
| Ballot, shall be applicable herein.
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| (c) Notwithstanding any provision of this Code or other law
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| to the contrary, the governing body of a municipality may | 3 |
| adopt, upon submission of a written statement by the | 4 |
| municipality's election authority attesting to the | 5 |
| administrative ability of the election authority to administer | 6 |
| an election using a ranked ballot to the municipality's | 7 |
| governing body,
an ordinance requiring, and that | 8 |
| municipality's election
authority shall prepare, a ranked | 9 |
| absentee ballot for
municipal and township office candidates to | 10 |
| be voted on in the consolidated
election.
This ranked ballot | 11 |
| shall be for use only by
a qualified voter who either is a | 12 |
| member of the United States
military or will be outside of the | 13 |
| United States on the
consolidated primary election day and the | 14 |
| consolidated
election day. The ranked ballot shall contain a | 15 |
| list of the
titles of all municipal and township offices | 16 |
| potentially contested at both the consolidated
primary | 17 |
| election and the consolidated election and the candidates for | 18 |
| each office and shall
permit the elector to vote in the | 19 |
| consolidated election by
indicating his or her order of | 20 |
| preference for each candidate
for each office. To indicate his | 21 |
| or her order of preference for
each candidate for each office, | 22 |
| the voter shall put the number
one next to the name of the | 23 |
| candidate who is the voter's first
choice, the number 2 for his | 24 |
| or her second choice, and so forth
so that, in consecutive | 25 |
| numerical order, a number indicating
the voter's preference is | 26 |
| written by the voter next to each
candidate's name on the |
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| ranked ballot. The voter shall not be required
to indicate his | 2 |
| or her preference for more than one candidate
on the ranked | 3 |
| ballot. The voter may not cast a write-in vote using the ranked | 4 |
| ballot for the consolidated election. The election authority | 5 |
| shall, if using the
ranked absentee ballot authorized by this | 6 |
| subsection, also
prepare instructions for use of the ranked | 7 |
| ballot. The ranked ballot for the consolidated election shall | 8 |
| be mailed to the voter at the same time that the ballot for the | 9 |
| consolidated primary election is mailed to the voter and the | 10 |
| election authority shall accept the completed ranked ballot for | 11 |
| the consolidated election when the authority accepts the | 12 |
| completed ballot for the consolidated primary election.
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| The voter shall also be sent an absentee ballot for the | 14 |
| consolidated election for those races that are not related to | 15 |
| the results of the consolidated primary election as soon as the | 16 |
| consolidated election ballot is certified.
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| The State Board of Elections shall adopt rules for election
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| authorities for the implementation of this subsection,
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| including but not limited to the application for and counting
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| of ranked ballots.
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| (Source: P.A. 95-889, eff. 1-1-09.)
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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 | 24 |
| this Article
shall be construed as follows:
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| 1. "Territorial limits of the United States" means each of |
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| the several
States of the United States and includes the | 2 |
| District of Columbia, the
Commonwealth of Puerto Rico, Guam and | 3 |
| the Virgin Islands; but does not
include American Samoa, the | 4 |
| Canal Zone, the Trust Territory of the Pacific
Islands or any | 5 |
| other territory or possession of the United States.
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| 2. "Member of the United States Service" means (a) members | 7 |
| of the Armed
Forces while on active duty and their spouses and | 8 |
| dependents of voting
age when residing with or accompanying | 9 |
| them, (b) members of the Merchant
Marine of the United States | 10 |
| and their spouses and dependents when residing
with or | 11 |
| accompanying them and (c) United States government employees | 12 |
| serving
outside the territorial limits of the United States.
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| 3. "Citizens of the United States temporarily residing | 14 |
| outside the
territorial limits of the United States" means | 15 |
| civilian citizens of the
United States and their spouses and | 16 |
| dependents of voting age when residing
with or accompanying | 17 |
| them, who maintain a precinct residence in a county in
this | 18 |
| State and whose intent to return may be ascertained.
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| 4. "Non-Resident Civilian Citizens" means civilian | 20 |
| citizens of the United
States (a) who reside outside the | 21 |
| territorial limits of the United States,
(b) who had maintained | 22 |
| a precinct residence in a county in this State
immediately | 23 |
| 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 | 25 |
| other State, and
(d) whose intent to return to this State may | 26 |
| be uncertain.
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| 5. "Official postcard" means the postcard application for | 2 |
| registration
to vote or for an absentee ballot in the form | 3 |
| provided in Section 204(c)
of the Federal Voting Rights Act of | 4 |
| 1955, as amended (42 U.S.C. 1973cc-14(c)).
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| 6. "Federal office" means the offices of President and | 6 |
| Vice-President
of the United States, United States Senator, | 7 |
| Representative in Congress,
delegates and alternate delegates | 8 |
| to the national nominating conventions
and candidates for the | 9 |
| Presidential Preference Primary.
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| 7. "Federal election" means any general, primary or special | 11 |
| election at
which candidates are nominated or elected to | 12 |
| Federal office.
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| 8. "Dependent", for purposes of this Article, shall mean a | 14 |
| father, mother,
brother, sister, son or daughter.
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| 9. "Electronic transmission" includes, but is not limited | 16 |
| to, transmission by electronic mail or the Internet. | 17 |
| (Source: P.A. 81-953.)
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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 | 20 |
| residing outside
the territorial limits of the United States | 21 |
| who are not registered but
otherwise qualified to vote and who | 22 |
| expect to be absent from their county
of residence during the | 23 |
| periods of voter registration provided for in
Articles 4, 5 or | 24 |
| 6 of this Code and on the day of holding any election, may
make | 25 |
| simultaneous application to the election authority having |
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| jurisdiction
over their precinct of residence for an absentee | 2 |
| registration and absentee
ballot not less than 30 days before | 3 |
| the election. Such application may be
made on the official | 4 |
| postcard or on a form furnished by the election
authority as | 5 |
| prescribed by Section 20-3 of this Article or by facsimile or | 6 |
| electronic transmission . A request pursuant
to this Section | 7 |
| shall entitle the applicant to an absentee ballot for every
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| election in one calendar year. The original application for | 9 |
| ballot shall be
kept in the office of the election authority | 10 |
| for one year as authorization
to send a ballot to the voter for | 11 |
| each election to be held within that
calendar year. A certified | 12 |
| copy of such application for ballot shall be
sent each election | 13 |
| with the absentee ballot to the election authority's central | 14 |
| ballot counting location to be used
in lieu of the original | 15 |
| 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 delivered mailed by the | 23 |
| election authority in
the manner prescribed by Section 20-5 of | 24 |
| this Article in person, by mail, or, if requested by the | 25 |
| applicant and the election authority has the capability, by | 26 |
| facsimile transmission or by electronic transmission and not |
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| otherwise .
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| Ballots voted under this Section must be returned | 3 |
| postmarked no later than midnight preceding election day and | 4 |
| received for counting at the central ballot counting location | 5 |
| of the election authority during the period for counting | 6 |
| provisional ballots, the last day of which is the 14th day | 7 |
| following election day.
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| (Source: P.A. 96-312, eff. 1-1-10.)
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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 | 11 |
| qualified to
vote, may make application to the election | 12 |
| authority having jurisdiction
over his precinct of former | 13 |
| residence for an absentee ballot containing
the Federal offices | 14 |
| only not less than 10 days before a Federal election.
Such | 15 |
| application may be made only on the official postcard or by | 16 |
| facsimile or electronic transmission . A request
pursuant to | 17 |
| this Section shall entitle the applicant to an absentee ballot
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| for every election in one calendar year at which Federal | 19 |
| offices are
filled. The original application for ballot shall | 20 |
| be kept in the office of
the election authority for one year as | 21 |
| authorization to send a ballot to
the voter for each election | 22 |
| to be held within that calendar year at which
Federal offices | 23 |
| are filled. A certified copy of such application for
ballot | 24 |
| shall be sent each election with the absentee ballot to the | 25 |
| election authority's central ballot counting location to be |
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| used in lieu of the original application for ballot.
No | 2 |
| registration shall be required in order to vote pursuant to | 3 |
| this Section.
Ballots under this Section shall be delivered | 4 |
| mailed by the election authority in
the manner prescribed by | 5 |
| Section 20-5 of this Article in person, by mail, or, if | 6 |
| requested by the applicant and the election authority has the | 7 |
| capability, by facsimile transmission or by electronic | 8 |
| transmission and not otherwise .
Ballots voted under this | 9 |
| Section must be returned postmarked no later than midnight | 10 |
| preceding election day and received for counting at the central | 11 |
| ballot counting location of the election authority during the | 12 |
| period for counting provisional ballots, the last day of which | 13 |
| is the 14th day following election day.
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| (Source: P.A. 96-312, eff. 1-1-10.)
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| (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
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| Sec. 20-2.3. Members of the Armed Forces and their spouses | 17 |
| and dependents. Any member of the United
States Armed Forces | 18 |
| while on active duty, and his or her spouse and dependents, | 19 |
| otherwise qualified to vote, who
expects in the course of his | 20 |
| or her duties to be absent from the county in
which he or she | 21 |
| resides on the day of holding any election, in addition to any
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| other method of making application for an absentee ballot under | 23 |
| this
Article, may make application for an absentee ballot to | 24 |
| the election
authority having jurisdiction over his or her | 25 |
| precinct of residence by a
facsimile machine or electronic |
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| transmission not less than 10 days before
the election.
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| Ballots under this Section shall be delivered mailed by the | 3 |
| election authority in
the manner prescribed by Section 20-5 of | 4 |
| this Article in person, by mail, or, if requested by the | 5 |
| applicant and the election authority has the capability, by | 6 |
| facsimile transmission or by electronic transmission and not | 7 |
| otherwise .
Ballots voted under this Section must be returned | 8 |
| postmarked no later than midnight preceding election day and | 9 |
| received for counting at the central ballot counting location | 10 |
| of the election authority during the period for counting | 11 |
| provisional ballots, the last day of which is the 14th day | 12 |
| following election day.
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| (Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; revised | 14 |
| 10-6-09.)
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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 | 17 |
| postcard or
an application as provided in Section 20-3 within | 18 |
| the times heretofore
prescribed, the election authority shall | 19 |
| ascertain whether or not such
applicant is legally entitled to | 20 |
| vote as requested, including verification of the applicant's | 21 |
| signature by comparison with the signature on the official | 22 |
| registration record card, if any. If the election
authority | 23 |
| ascertains that the applicant
is lawfully entitled to vote, it | 24 |
| shall enter the name, street address,
ward and precinct number | 25 |
| of such applicant on a list to be posted in his
or its office in |
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| a place accessible to the public.
Within one day after posting | 2 |
| the name and other information of an
applicant for a ballot, | 3 |
| the election authority shall transmit that name and
posted | 4 |
| information to the State Board of Elections, which shall | 5 |
| maintain the
names and other information in an electronic | 6 |
| format on its website, arranged by
county and accessible to | 7 |
| State and local political committees.
As soon as the
official | 8 |
| ballot is prepared the election authority shall immediately
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| deliver the same to the applicant in person , or by mail, by | 10 |
| facsimile transmission, or by electronic transmission as | 11 |
| provided in this Article in the manner
prescribed in Section | 12 |
| 20-5 .
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| If any such election authority receives a second or | 14 |
| additional
application which it believes is from the same | 15 |
| person, he or it shall
submit it to the chief judge of the | 16 |
| circuit court or any judge of that
court designated by the | 17 |
| chief judge. If the chief judge or his designate
determines | 18 |
| that the application submitted to him is a second or
additional | 19 |
| 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 | 22 |
| election of the
voters to whom it has issued absentee ballots. | 23 |
| The list
shall be maintained for each precinct within the | 24 |
| jurisdiction of the
election authority. Prior to the opening of | 25 |
| the polls on election day,
the election authority shall deliver | 26 |
| to the judges of election in each
precinct the list of |
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| registered voters in that precinct to whom absentee
ballots | 2 |
| have been issued.
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| Election authorities may transmit by facsimile or other | 4 |
| electronic means a ballot simultaneously with transmitting an | 5 |
| application for absentee ballot; however, no such ballot shall | 6 |
| be counted unless an application has been completed by the | 7 |
| voter and the election authority ascertains that the applicant | 8 |
| is lawfully entitled to vote as provided in this Section. | 9 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
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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 | 12 |
| ballots in
the manner specified by the statute for folding | 13 |
| ballots prior to their
deposit in the ballot box and shall | 14 |
| enclose such ballot in an envelope
unsealed to be furnished by | 15 |
| it, which envelope shall bear upon the face
thereof the name, | 16 |
| official title and post office address of the election
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| authority, and upon the other side of such envelope there shall | 18 |
| 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 ....... | 21 |
| precinct of
the city/village/township of ............, | 22 |
| (Designation to be made by
Election Authority) or of the .... | 23 |
| ward in the city of ...........
(Designation to be made by | 24 |
| Election Authority) residing at ................
in said | 25 |
| 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 | 4 |
| 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 | 7 |
| of The Election
Code; that I am lawfully entitled to vote in | 8 |
| such precinct at the ...........
election to be held on | 9 |
| ............
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| I further state that I marked the enclosed ballot in | 11 |
| secret.
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| Under penalties as provided by law pursuant to Article 29 | 13 |
| of The
Election Code, the undersigned certifies that the | 14 |
| statements set forth
in this certification are true and | 15 |
| 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 | 23 |
| election, the
certification shall designate the name of the | 24 |
| political party with which
the voter is affiliated.
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| In addition to the above, the election authority shall | 26 |
| provide
printed slips giving full instructions regarding the |
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| manner of completing
the forms and affidavits for absentee | 2 |
| registration or the manner of marking
and returning the ballot | 3 |
| in order that the same may be counted, and
shall furnish one of | 4 |
| the printed slips to each of the applicants at the
same time | 5 |
| 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 | 7 |
| elector
pursuant to this Section contains a public question | 8 |
| described in subsection
(b) of Section 28-6 and the territory | 9 |
| concerning which the question is
to be submitted is not | 10 |
| described on the ballot due to the space limitations
of such | 11 |
| ballot, the election authority shall provide a printed copy of
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| a notice of the public question, which shall include a | 13 |
| description of the
territory in the manner required by Section | 14 |
| 16-7. The
notice shall be furnished to the elector at the same | 15 |
| time the ballot
is delivered to the elector.
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| The envelope in which such registration or such ballot is | 17 |
| mailed to the
voter as well as the envelope in which the | 18 |
| registration materials or the
ballot is returned by the voter | 19 |
| shall have
printed across the face thereof two parallel | 20 |
| horizontal red bars, each
one-quarter inch wide, extending from | 21 |
| one side of the envelope to the
other side, with an intervening | 22 |
| space of one-quarter inch, the top bar
to be one and | 23 |
| one-quarter inches from the top of the envelope, and with
the | 24 |
| words "Official Election Balloting Material-VIA AIR MAIL" | 25 |
| between the
bars. In the upper right corner of such envelope in | 26 |
| a box, there shall be
printed the words: "U.S. Postage Paid 42 |
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| USC 1973". All printing
on the face of such envelopes shall be | 2 |
| in red, including an appropriate
inscription or blank in the | 3 |
| upper left corner of return address of sender.
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| The envelope in which the ballot is returned to the | 5 |
| election authority may be delivered (i) by mail, postage paid, | 6 |
| (ii) in person, by the spouse, parent, child, brother, or | 7 |
| sister of the voter, or (iii) by a company engaged in the | 8 |
| business of making deliveries of property and licensed as a | 9 |
| motor carrier of property by the Illinois Commerce Commission | 10 |
| under the Illinois Commercial Transportation Law. | 11 |
| Election authorities transmitting ballots by facsimile or | 12 |
| electronic transmission shall, to the extent possible, provide | 13 |
| those applicants with the same instructions, certification, | 14 |
| and other materials required when sending by mail. | 15 |
| (Source: P.A. 96-512, eff. 1-1-10.)
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| (10 ILCS 5/20-25 new) | 17 |
| Sec. 20-25. Extraordinary procedures. In the event of a | 18 |
| deployment of the United States Armed Forces or the declaration | 19 |
| of an emergency by the President of the United States or the | 20 |
| Governor of Illinois, The Governor or the executive director of | 21 |
| the State Board of Elections may modify the registration and | 22 |
| voting procedures established by this Article or by rules | 23 |
| adopted pursuant to this Article for the duration of the | 24 |
| deployment or emergency in order to facilitate absentee voting | 25 |
| under this Article. The Governor or executive director, as the |
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| case may be, then promptly shall notify each election authority | 2 |
| of the changes in procedures. Each election authority shall | 3 |
| publicize the modifications and shall provide notice of the | 4 |
| modifications to each person under its jurisdiction subject to | 5 |
| this Article for whom the election authority has contact | 6 |
| information.
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