Full Text of SB0098 97th General Assembly
SB0098enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 19-12.1 and 19-12.2 as follows:
| 6 | | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| 7 | | Sec. 19-12.1.
Any qualified elector who has secured an | 8 | | Illinois
Disabled Person Identification Card in accordance | 9 | | with The Illinois
Identification Card Act, indicating that the | 10 | | person named thereon has a Class
1A or Class 2 disability or | 11 | | any qualified voter who has a permanent physical
incapacity of | 12 | | such a nature as to make it improbable that he will be
able to | 13 | | be present at the polls at any future election, or any
voter | 14 | | who is a resident of (i) a federally operated veterans' home, | 15 | | hospital, or facility located in Illinois or (ii) a facility | 16 | | licensed or certified pursuant to
the Nursing Home Care Act or | 17 | | the MR/DD Community Care Act and has a condition or disability | 18 | | of
such a nature as to make it improbable that he will be able | 19 | | to be present
at the polls at any future election, may secure a | 20 | | disabled voter's or
nursing home resident's identification | 21 | | card, which will enable him to vote
under this Article as a | 22 | | physically incapacitated or nursing home voter. For the | 23 | | purposes of this Section, "federally operated veterans' home, |
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| 1 | | hospital, or facility" means the long-term care facilities at | 2 | | the Jesse Brown VA Medical Center, Illiana Health Care System, | 3 | | Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and | 4 | | Captain James A. Lovell Federal Health Care Center.
| 5 | | Application for a disabled voter's or nursing home | 6 | | resident's
identification card shall be made either: (a) in | 7 | | writing, with voter's
sworn affidavit, to the county clerk or | 8 | | board of election commissioners, as
the case may be, and shall | 9 | | be accompanied
by the affidavit of the attending physician | 10 | | specifically describing the
nature of the physical incapacity | 11 | | or the fact that the voter is a nursing
home resident and is | 12 | | physically unable to be present at the polls on election
days; | 13 | | or (b) by presenting, in writing or otherwise, to the county | 14 | | clerk
or board of election commissioners, as the case may be, | 15 | | proof that the
applicant has secured an Illinois Disabled | 16 | | Person Identification Card
indicating that the person named | 17 | | thereon has a Class 1A or Class 2 disability.
Upon the receipt | 18 | | of either the sworn-to
application and the physician's | 19 | | affidavit or proof that the applicant has
secured an Illinois | 20 | | Disabled Person Identification Card indicating that the
person | 21 | | named thereon has a Class 1A or Class 2 disability, the county | 22 | | clerk
or board of election commissioners shall issue a disabled | 23 | | voter's or
nursing home resident's identification
card. Such | 24 | | identification cards shall be issued for a
period of 5 years, | 25 | | upon the expiration of which time the voter may
secure a new | 26 | | card by making application in the same manner as is
prescribed |
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| 1 | | for the issuance of an original card, accompanied by a new
| 2 | | affidavit of the attending physician. The date of expiration of | 3 | | such
five-year period shall be made known to any interested | 4 | | person by the
election authority upon the request of such | 5 | | person. Applications for the
renewal of the identification | 6 | | cards shall be mailed to the voters holding
such cards not less | 7 | | than 3 months prior to the date of expiration of the cards.
| 8 | | Each disabled voter's or nursing home resident's | 9 | | identification card
shall bear an identification number, which | 10 | | shall be clearly noted on the voter's
original and duplicate | 11 | | registration record cards. In the event the
holder becomes | 12 | | physically capable of resuming normal voting, he must
surrender | 13 | | his disabled voter's or nursing home resident's identification
| 14 | | card to the county clerk or board of election commissioners | 15 | | before the next election.
| 16 | | The holder of a disabled voter's or nursing home resident's
| 17 | | identification card may make application by mail for an | 18 | | official ballot
within the time prescribed by Section 19-2. | 19 | | Such application shall contain
the same information as is
| 20 | | included in the form of application for ballot by a physically
| 21 | | incapacitated elector prescribed in Section 19-3 except that it | 22 | | shall
also include the applicant's disabled voter's | 23 | | identification card number
and except that it need not be sworn | 24 | | to. If an examination of the records
discloses that the | 25 | | applicant is lawfully entitled to vote, he shall be
mailed a | 26 | | ballot as provided in Section 19-4. The ballot envelope shall
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| 1 | | be the same as that prescribed in Section 19-5 for physically | 2 | | disabled
voters, and the manner of voting and returning the | 3 | | ballot shall be the
same as that provided in this Article for | 4 | | other absentee ballots, except
that a statement to be | 5 | | subscribed to by the voter but which need not be
sworn to shall | 6 | | be placed on the ballot envelope in lieu of the affidavit
| 7 | | prescribed by Section 19-5.
| 8 | | Any person who knowingly subscribes to a false statement in
| 9 | | connection with voting under this Section shall be guilty of a | 10 | | Class A
misdemeanor.
| 11 | | For the purposes of this Section, "nursing home resident" | 12 | | includes a resident of (i) a federally operated veterans' home, | 13 | | hospital, or facility located in Illinois or (ii) a facility | 14 | | licensed under the MR/DD Community Care Act. For the purposes | 15 | | of this Section, "federally operated veterans' home, hospital, | 16 | | or facility" means the long-term care facilities at the Jesse | 17 | | Brown VA Medical Center, Illiana Health Care System, Edward | 18 | | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | 19 | | James A. Lovell Federal Health Care Center. | 20 | | (Source: P.A. 96-339, eff. 7-1-10 .)
| 21 | | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
| 22 | | Sec. 19-12.2. Voting by physically incapacitated electors | 23 | | who have made
proper application to the election authority not | 24 | | later than 5 days before
the regular primary and general | 25 | | election of 1980 and before each election
thereafter shall be |
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| 1 | | conducted on the premises of (i) federally operated veterans' | 2 | | homes, hospitals, and facilities located in Illinois or (ii) | 3 | | facilities licensed or
certified pursuant to the Nursing Home | 4 | | Care Act or the MR/DD Community Care Act for the sole benefit | 5 | | of
residents of such homes, hospitals, and facilities. For the | 6 | | purposes of this Section, "federally operated veterans' home, | 7 | | hospital, or facility" means the long-term care facilities at | 8 | | the Jesse Brown VA Medical Center, Illiana Health Care System, | 9 | | Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and | 10 | | Captain James A. Lovell Federal Health Care Center. Such voting | 11 | | shall be conducted during any
continuous period sufficient to | 12 | | allow all applicants to cast their ballots
between the hours of | 13 | | 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or | 14 | | Monday immediately preceding the regular election. This | 15 | | absentee voting on
one of said days designated by the election | 16 | | authority shall be supervised by
two election judges who must | 17 | | be selected by the election authority in the
following order of | 18 | | priority: (1) from the panel of judges appointed for the
| 19 | | precinct in which such home, hospital, or facility is located, | 20 | | or from a panel of judges appointed
for any other precinct | 21 | | within the jurisdiction of the election authority in the
same | 22 | | ward or township, as the case may be, in which the home, | 23 | | hospital, or facility is located or,
only in the case where a | 24 | | judge or judges from the precinct, township or ward
are | 25 | | unavailable to serve, (3) from a panel of judges appointed for | 26 | | any other
precinct within the jurisdiction of the election |
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| 1 | | authority. The two judges
shall be from different political | 2 | | parties. Not less than 30 days before each
regular election, | 3 | | the election authority shall have arranged with the chief
| 4 | | administrative officer of each home, hospital, or facility in | 5 | | his or its election jurisdiction a
mutually convenient time | 6 | | period on the Friday, Saturday, Sunday or Monday
immediately | 7 | | preceding the election for such voting on the premises of the | 8 | | home, hospital, or
facility and shall post in a prominent place | 9 | | in his or its office a notice of
the agreed day and time period | 10 | | for conducting such voting at each home, hospital, or facility;
| 11 | | provided that the election authority shall not later than noon | 12 | | on the Thursday
before the election also post the names and | 13 | | addresses of those homes, hospitals, and facilities from
which | 14 | | no applications were received and in which no supervised | 15 | | absentee voting
will be conducted. All provisions of this Code | 16 | | applicable to pollwatchers
shall be applicable herein. To the | 17 | | maximum extent feasible, voting booths or
screens shall be | 18 | | provided to insure the privacy of the voter. Voting procedures
| 19 | | shall be as described in Article 17 of this Code, except that | 20 | | ballots shall be
treated as absentee ballots and shall not be | 21 | | counted until the close of the
polls on the following day. | 22 | | After the last voter has concluded voting, the
judges shall | 23 | | seal the ballots in an envelope and affix their signatures | 24 | | across
the flap of the envelope. Immediately thereafter, the | 25 | | judges
shall bring the sealed envelope to the office of the | 26 | | election authority
who shall deliver such ballots to the |
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| 1 | | election authority's central ballot counting location prior to
| 2 | | the closing of the polls on the day of election. The judges of | 3 | | election shall
also report to the election authority the name | 4 | | of any applicant in the home, hospital, or facility
who, due to | 5 | | unforeseen circumstance or condition or because
of a religious | 6 | | holiday, was unable to vote. In this event, the election
| 7 | | authority may appoint a qualified person from his or its staff | 8 | | to deliver
the ballot to such applicant on the day of election. | 9 | | This staff person
shall follow the same procedures prescribed | 10 | | for judges conducting absentee
voting in such homes, hospitals, | 11 | | or facilities and shall return the ballot to the central ballot | 12 | | counting location before the polls close. However, if the home, | 13 | | hospital, or facility from
which the application was made is | 14 | | also used as a regular precinct polling place
for that voter, | 15 | | voting procedures heretofore prescribed may be implemented by 2
| 16 | | of the election judges of opposite party affiliation assigned | 17 | | to that polling
place during the hours of voting on the day of | 18 | | the election. Judges of election
shall be compensated not less | 19 | | than $25.00 for conducting absentee voting in
such homes, | 20 | | hospitals, or facilities.
| 21 | | Not less than 120 days before each regular election, the | 22 | | Department
of Public Health shall certify to the State Board of | 23 | | Elections a list of
the facilities licensed or certified | 24 | | pursuant to the Nursing Home Care
Act or the MR/DD Community | 25 | | Care Act . The lists , and shall indicate the approved bed | 26 | | capacity and the name of
the chief administrative officer of |
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| 1 | | each such home, hospital, or facility, and the State Board
of | 2 | | Elections shall certify the same to the appropriate election | 3 | | authority
within 20 days thereafter.
| 4 | | (Source: P.A. 96-339, eff. 7-1-10.)
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