Illinois General Assembly - Illinois Compiled Statutes

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10 ILCS 5/19-5

(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
Sec. 19-5.

Folding and enclosure of ballots in unsealed envelope; address on envelope; certification; instructions for marking and returning ballots.

It shall be the duty of the election authority to fold the
ballot or ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box, and to enclose such
ballot or ballots in an envelope unsealed to be furnished by the election authority, which
envelope shall bear upon the face thereof the name, official title and
post office address of the election authority, and upon the other side
 a printed certification in substantially the
following form:

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; and that I am lawfully entitled to cast a ballot.

I further state that I personally marked the enclosed ballot in secret.

Under penalties of perjury as provided by law pursuant to Section 29-10
of The Election Code, the undersigned certifies that the statements set
forth in this certification are true and correct.

.......................

If the ballot is to go to an elector who is physically incapacitated and needs assistance marking the ballot,
the envelope shall bear upon the back thereof a certification in
substantially the following form:

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to cast a ballot; and that I am physically incapable of personally marking the ballot for this election.

I further state that I marked the enclosed ballot in secret with the assistance of

.................................

(Individual rendering assistance)

.................................

(Residence Address)

Under penalties of perjury  as provided by law pursuant to Section 29-10
of The Election Code, the undersigned certifies that the statements set forth
in this certification are true and correct.

.......................

In the case of a voter with a physical
incapacity, marking a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate
whose name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate),
the voter's employer, an
agent of that employer, or an officer or agent of the voter's union, when
the voter's physical incapacity necessitates such assistance.

In the case of a physically incapacitated voter, marking a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate
whose name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the voter's
employer, an
agent of that employer, or an officer or agent of the voter's union, when
the voter's physical incapacity necessitates such assistance.

Provided, that if the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the political
party with which the voter is affiliated.

In addition to the above, the election authority shall provide
printed slips, or an electronic version thereof for voters voting by mail pursuant to Section 19-2.6, giving full instructions regarding the manner of marking
and returning the ballot in order that the same may be counted, and
shall furnish one of such printed slips or the electronic version thereof for voters voting by mail pursuant to Section 19-2.6 to each of such applicants at
the same time the ballot is delivered to him.
Such instructions shall include the following statement: "In signing the
certification on the vote by mail ballot envelope, you are attesting that you
personally marked this vote by mail ballot in secret.  If you are physically
unable to mark the ballot, a friend or relative may assist you after
completing the enclosed affidavit.  Federal and State laws prohibit a
candidate whose name appears on the ballot (unless you
are the spouse or a parent, child, brother, or sister of the candidate), your
employer, your employer's agent or an officer or agent of your union
from assisting voters with physical disabilities."

In addition to the above, if a ballot to be provided to an elector
pursuant to this Section contains a public question described in subsection
(b) of Section 28-6 and the territory concerning which the question is
to be submitted is not described on the ballot due to the space limitations
of such ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a description of the
territory in the manner required by Section 16-7.  The notice shall be
furnished to the elector at the same time the ballot is delivered to the
elector.

Election authorities transmitting ballots by electronic transmission pursuant to Section 19-2.6 shall, to the greatest extent possible, provide those applicants with the same instructions, certifications, and other balloting materials required when sending ballots by mail.

(Source: P.A. 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)