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90_SB0432eng
10 ILCS 5/17-14 from Ch. 46, par. 17-14
10 ILCS 5/19-4 from Ch. 46, par. 19-4
Amends the Election Code. Requires that written
instructions be given to persons providing assistance in the
voting booth. Provides that persons giving assistance shall
sign an oath. Provides that written instructions shall be
given with absentee ballots. Effective immediately.
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1 AN ACT to amend the Election Code by changing Sections
2 17-14 and 19-4.
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 Sections 17-14 and 19-4 as follows:
7 (10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
8 Sec. 17-14. Any voter who declares upon oath, properly
9 witnessed and with his or her signature or mark affixed, that
10 he or she requires assistance to vote by reason of blindness,
11 physical disability or inability to read, write or speak the
12 English language shall, upon request, be assisted in marking
13 his or her ballot, by 2 judges of election of different
14 political parties, to be selected by all judges of election
15 of each precinct at the opening of the polls or by a person
16 of the voter's choice, other than the voter's employer or
17 agent of that employer or officer or agent of the voter's
18 union. A voter who presents an Illinois Disabled Person
19 Identification Card, issued to that person under the
20 provisions of the Illinois Identification Card Act,
21 indicating that such voter has a Class 1A or Class 2
22 disability under the provisions of Section 4A of the Illinois
23 Identification Card Act, or a voter who declares upon oath,
24 properly witnessed, that by reason of any physical disability
25 he is unable to mark his ballot shall, upon request, be
26 assisted in marking his ballot by 2 of the election officers
27 of different parties as provided above in this Section or by
28 a person of the voter's choice other than the voter's
29 employer or agent of that employer or officer or agent of the
30 voter's union. Such voter shall state specifically the reason
31 why he cannot vote without assistance and, in the case of a
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1 physically disabled voter, what his physical disability is
2 and whether or not the disability is permanent. Prior to
3 entering the voting booth, the person providing the
4 assistance, if other than 2 judges of election, shall be
5 presented with written instructions on how assistance shall
6 be provided. This instruction shall be prescribed by the
7 State Board of Elections and shall include the penalties for
8 attempting to influence the voter's choice of candidates,
9 party, or votes in relation to any question on the ballot and
10 for not marking the ballot as directed by the voter.
11 Additionally, the person providing the assistance shall sign
12 an oath, swearing not to influence the voter's choice of
13 candidates, party, or votes in relation to any question on
14 the ballot and to cast the ballot as directed by the voter.
15 The oath shall be prescribed by the State Board of Elections
16 and shall include the penalty for violating this Section. In
17 the voting booth, such person shall mark the ballot as
18 directed by the voter, and shall thereafter give no
19 information regarding the same. The judges of election shall
20 enter upon the poll lists or official poll record after the
21 name of any elector who received such assistance in marking
22 his ballot a memorandum of the fact and if the disability is
23 permanent. Intoxication shall not be regarded as a physical
24 disability, and no intoxicated person shall be entitled to
25 assistance in marking his ballot.
26 No person shall secure or attempt to secure assistance in
27 voting who is not blind, physically disabled or illiterate as
28 herein provided, nor shall any person knowingly assist a
29 voter in voting contrary to the provisions of this Section.
30 (Source: P.A. 84-808.)
31 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
32 Sec. 19-4. Mailing or delivery of ballots - Time.)
33 Immediately upon the receipt of such application either by
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1 mail, not more than 40 days nor less than 5 days prior to
2 such election, or by personal delivery not more than 40 days
3 nor less than one day prior to such election, at the office
4 of such election authority, it shall be the duty of such
5 election authority to examine the records to ascertain
6 whether or not such applicant is lawfully entitled to vote as
7 requested, and if found so to be, to post within one business
8 day thereafter the name, street address, ward and precinct
9 number or township and district number, as the case may be,
10 of such applicant given on a list, the pages of which are to
11 be numbered consecutively to be kept by such election
12 authority for such purpose in a conspicuous, open and public
13 place accessible to the public at the entrance of the office
14 of such election authority, and in such a manner that such
15 list may be viewed without necessity of requesting permission
16 therefor, and within 2 business days thereafter to mail,
17 postage prepaid, or deliver in person in such office an
18 official ballot or ballots if more than one are to be voted
19 at said election. Mail delivery of Temporarily Absent
20 Student ballot applications pursuant to Section 19-12.3 shall
21 be by nonforwardable mail. However, for the consolidated
22 election, absentee ballots for certain precincts may be
23 delivered to applicants not less than 25 days before the
24 election if so much time is required to have prepared and
25 printed the ballots containing the names of persons nominated
26 for offices at the consolidated primary. The election
27 authority shall enclose with each absentee ballot or
28 application written instructions on how voting assistance
29 shall be provided pursuant to Section 17-14 and a document,
30 written and approved by the State Board of Elections,
31 enumerating the circumstances under which a person is
32 authorized to vote by absentee ballot pursuant to this
33 Article; such document shall also include a statement
34 informing the applicant that if he or she falsifies or is
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1 solicited by another to falsify his or her eligibility to
2 cast an absentee ballot, such applicant or other is subject
3 to penalties pursuant to Section 29-10 and Section 29-20 of
4 the Election Code. Each election authority shall maintain a
5 list of the name, street address, ward and precinct, or
6 township and district number, as the case may be, of all
7 applicants who have returned absentee ballots to such
8 authority, and the name of such absent voter shall be added
9 to such list within one business day from receipt of such
10 ballot. If the absentee ballot envelope indicates that the
11 voter was assisted in casting the ballot, the name of the
12 person so assisting shall be included on the list. The list,
13 the pages of which are to be numbered consecutively, shall be
14 kept by each election authority in a conspicuous, open, and
15 public place accessible to the public at the entrance of the
16 office of the election authority and in a manner that the
17 list may be viewed without necessity of requesting permission
18 for viewing.
19 Each election authority shall maintain a list for each
20 election of the voters to whom it has issued absentee
21 ballots. The list shall be maintained for each precinct
22 within the jurisdiction of the election authority. Prior to
23 the opening of the polls on election day, the election
24 authority shall deliver to the judges of election in each
25 precinct the list of registered voters in that precinct to
26 whom absentee ballots have been issued by mail.
27 Each election authority shall maintain a list for each
28 election of voters to whom it has issued temporarily absent
29 student ballots. The list shall be maintained for each
30 election jurisdiction within which such voters temporarily
31 abide. Immediately after the close of the period during
32 which application may be made by mail for absentee ballots,
33 each election authority shall mail to each other election
34 authority within the State a certified list of all such
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1 voters temporarily abiding within the jurisdiction of the
2 other election authority.
3 In the event that the return address of an application
4 for ballot by a physically incapacitated elector is that of a
5 facility licensed or certified under the Nursing Home Care
6 Act, within the jurisdiction of the election authority, and
7 the applicant is a registered voter in the precinct in which
8 such facility is located, the ballots shall be prepared and
9 transmitted to a responsible judge of election no later than
10 9 a.m. on the Saturday, Sunday or Monday immediately
11 preceding the election as designated by the election
12 authority under Section 19-12.2. Such judge shall deliver in
13 person on the designated day the ballot to the applicant on
14 the premises of the facility from which application was made.
15 The election authority shall by mail notify the applicant in
16 such facility that the ballot will be delivered by a judge of
17 election on the designated day.
18 All applications for absentee ballots shall be available
19 at the office of the election authority for public inspection
20 upon request from the time of receipt thereof by the election
21 authority until 30 days after the election, except during the
22 time such applications are kept in the office of the election
23 authority pursuant to Section 19-7, and except during the
24 time such applications are in the possession of the judges of
25 election.
26 (Source: P.A. 89-653, eff. 8-14-96.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.