State of Illinois
90th General Assembly
Legislation

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90_HB2816

      10 ILCS 5/19-13           from Ch. 46, par. 19-13
          Amends the Election Code. Allows personal delivery of  an
      absentee ballot to any qualified voter admitted to a hospital
      due  to  injury  or  illness  not more than 10 days before an
      election (now not more than 5 days before an election).
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 1        AN ACT to amend the Election  Code  by  changing  Section
 2    19-13.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Section 19-13 as follows:
 7        (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
 8        Sec. 19-13.  Any qualified voter who has been admitted to
 9    a hospital due to an illness or physical injury not more than
10    10  5  days  before an election shall be entitled to personal
11    delivery of an absentee ballot in the hospital subject to the
12    following conditions:
13        (1)  The voter completes the Application  for  Physically
14    Incapacitated Elector as provided in Section 19-3, stating as
15    reasons therein that he is a patient in ............... (name
16    of  hospital),  ...............  located  at, ...............
17    (address    of    hospital),     ...............     (county,
18    city/village),  was  hospitalized for ............... (nature
19    of illness or physical injury),  on ............... (date  of
20    admission),  and  does  not  expect  to  be released from the
21    hospital on or before the day of election.
22        (2)  The voter's physician  completes  a  Certificate  of
23    Attending Physician in a form substantially as follows:
24                 CERTIFICATE OF ATTENDING PHYSICIAN
25        I  state that I am a physician, duly licensed to practice
26    in the State of .........; that .......... is  a  patient  in
27    ..........  (name  of  hospital),  located  at  .............
28    (address    of    hospital),    .................    (county,
29    city/village);  that  such  individual  was  hospitalized for
30    ............. (nature of  illness  or  physical  injury),  on
31    ............  (date  of  admission); and that I have examined
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 1    such individual in the  State  in  which  I  am  licensed  to
 2    practice  medicine  and  do  not expect such individual to be
 3    released from the hospital on or before the day of election.
 4        Under penalties as provided by law  pursuant  to  Section
 5    29-10  of  The  Election Code, the undersigned certifies that
 6    the statements set forth in this certification are  true  and
 7    correct.
 8                                      (Signature) ...............
 9                                     (Date licensed) ............
10        (3)  Any  person  who  is  registered to vote in the same
11    precinct as the hospitalized voter or any legal  relative  of
12    the  hospitalized  voter  may  present  such voter's absentee
13    ballot application, completed as prescribed in  paragraph  1,
14    accompanied  by  the  physician's  certificate,  completed as
15    prescribed in paragraph 2, to the  election  authority.  Such
16    precinct   voter  or  relative  shall  execute  and  sign  an
17    affidavit furnished by the election authority attesting  that
18    he  is  a  registered  voter  in  the  same  precinct  as the
19    hospitalized voter or that he is  a  legal  relative  of  the
20    hospitalized   voter   and   stating   the   nature   of  the
21    relationship.  Such precinct voter or relative shall  further
22    attest  that he has been authorized by the hospitalized voter
23    to obtain his absentee ballot from the election authority and
24    deliver such ballot to him in the hospital.
25        Upon receipt of  the  hospitalized  voter's  application,
26    physician's  certificate,  and  the affidavit of the precinct
27    voter or the relative, the election authority  shall  examine
28    the  registration  records  to  determine if the applicant is
29    qualified to vote  and,  if  found  to  be  qualified,  shall
30    provide  the  precinct  voter  or  the  relative the absentee
31    ballot for delivery to the applicant in the hospital.
32        Upon receipt of the  absentee  ballot,  the  hospitalized
33    voter  shall  mark  the ballot in secret and subscribe to the
34    certifications on the absentee ballot return envelope.  After
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 1    depositing the ballot in the  return  envelope  and  securely
 2    sealing  the  envelope, such voter shall give the envelope to
 3    the precinct voter or the relative who shall  deliver  it  to
 4    the  election  authority in sufficient time for the ballot to
 5    be delivered by the election authority to the proper precinct
 6    polling place before 7 p.m. on election day.
 7        Upon receipt of the hospitalized voter's absentee ballot,
 8    the ballot shall be  counted  in  the  manner  prescribed  in
 9    Section 19-9.
10    (Source: P.A. 84-808.)

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