State of Illinois
90th General Assembly
Legislation

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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.

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