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90_SB0504
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-5 from Ch. 46, par. 19-5
Amends the Election Code. Provides that the list of
voters applying for absentee ballots kept by the election
authority may not be viewed until immediately after the
time for making applications for absentee ballots has passed.
Prohibits a candidate, precinct committeeman, ward
committeeman, township committeeman, State central
committeeman, or officer of a political committee (now
candidate)from assisting a voter in marking an absentee
ballot unless the voter is the spouse, parent, child,
brother, or sister of the candidate, precinct committeeman,
ward committeeman, township committeeman, State central
committeeman, or office of a political committee (now
candidate). Effective immediately.
LRB9002752MWcd
LRB9002752MWcd
1 AN ACT to amend the Election Code by changing Sections
2 19-4 and 19-5.
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 19-4 and 19-5 as follows:
7 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
8 Sec. 19-4. Mailing or delivery of ballots - Time.)
9 Immediately upon the receipt of such application either by
10 mail, not more than 40 days nor less than 5 days prior to
11 such election, or by personal delivery not more than 40 days
12 nor less than one day prior to such election, at the office
13 of such election authority, it shall be the duty of such
14 election authority to examine the records to ascertain
15 whether or not such applicant is lawfully entitled to vote as
16 requested, and if found so to be, to post within one business
17 day thereafter the name, street address, ward and precinct
18 number or township and district number, as the case may be,
19 of such applicant given on a list, the pages of which are to
20 be numbered consecutively to be kept by such election
21 authority for such purpose in a conspicuous, open and public
22 place accessible to the public at the entrance of the office
23 of such election authority, and in such a manner that such
24 list may be viewed without necessity of requesting permission
25 therefor, and within 2 business days thereafter to mail,
26 postage prepaid, or deliver in person in such office an
27 official ballot or ballots if more than one are to be voted
28 at said election. Mail delivery of Temporarily Absent
29 Student ballot applications pursuant to Section 19-12.3 shall
30 be by nonforwardable mail. However, for the consolidated
31 election, absentee ballots for certain precincts may be
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1 delivered to applicants not less than 25 days before the
2 election if so much time is required to have prepared and
3 printed the ballots containing the names of persons nominated
4 for offices at the consolidated primary. The election
5 authority shall enclose with each absentee ballot or
6 application a document, written and approved by the State
7 Board of Elections, enumerating the circumstances under which
8 a person is authorized to vote by absentee ballot pursuant to
9 this Article; such document shall also include a statement
10 informing the applicant that if he or she falsifies or is
11 solicited by another to falsify his or her eligibility to
12 cast an absentee ballot, such applicant or other is subject
13 to penalties pursuant to Section 29-10 and Section 29-20 of
14 the Election Code. Each election authority shall maintain a
15 list of the name, street address, ward and precinct, or
16 township and district number, as the case may be, of all
17 applicants who have returned absentee ballots to such
18 authority, and the name of such absent voter shall be added
19 to such list within one business day from receipt of such
20 ballot. If the absentee ballot envelope indicates that the
21 voter was assisted in casting the ballot, the name of the
22 person so assisting shall be included on the list.
23 Immediately after the time for making applications for
24 absentee ballots has passed, the list, the pages of which
25 are to be numbered consecutively, shall be kept by each
26 election authority in a conspicuous, open, and public place
27 accessible to the public at the entrance of the office of the
28 election authority and in a manner that the list may be
29 viewed without necessity of requesting permission for
30 viewing.
31 Each election authority shall maintain a list for each
32 election of the voters to whom it has issued absentee
33 ballots. The list shall be maintained for each precinct
34 within the jurisdiction of the election authority. Prior to
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1 the opening of the polls on election day, the election
2 authority shall deliver to the judges of election in each
3 precinct the list of registered voters in that precinct to
4 whom absentee ballots have been issued by mail.
5 Each election authority shall maintain a list for each
6 election of voters to whom it has issued temporarily absent
7 student ballots. The list shall be maintained for each
8 election jurisdiction within which such voters temporarily
9 abide. Immediately after the close of the period during
10 which application may be made by mail for absentee ballots,
11 each election authority shall mail to each other election
12 authority within the State a certified list of all such
13 voters temporarily abiding within the jurisdiction of the
14 other election authority.
15 In the event that the return address of an application
16 for ballot by a physically incapacitated elector is that of a
17 facility licensed or certified under the Nursing Home Care
18 Act, within the jurisdiction of the election authority, and
19 the applicant is a registered voter in the precinct in which
20 such facility is located, the ballots shall be prepared and
21 transmitted to a responsible judge of election no later than
22 9 a.m. on the Saturday, Sunday or Monday immediately
23 preceding the election as designated by the election
24 authority under Section 19-12.2. Such judge shall deliver in
25 person on the designated day the ballot to the applicant on
26 the premises of the facility from which application was made.
27 The election authority shall by mail notify the applicant in
28 such facility that the ballot will be delivered by a judge of
29 election on the designated day.
30 All applications for absentee ballots shall be available
31 at the office of the election authority for public inspection
32 upon request from the time of receipt thereof by the election
33 authority until 30 days after the election, except during the
34 time such applications are kept in the office of the election
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1 authority pursuant to Section 19-7, and except during the
2 time such applications are in the possession of the judges of
3 election.
4 (Source: P.A. 89-653, eff. 8-14-96.)
5 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
6 Sec. 19-5. It shall be the duty of the election
7 authority to fold the ballot or ballots in the manner
8 specified by the statute for folding ballots prior to their
9 deposit in the ballot box, and to enclose such ballot or
10 ballots in an envelope unsealed to be furnished by him, which
11 envelope shall bear upon the face thereof the name, official
12 title and post office address of the election authority, and
13 upon the other side if the ballot is to go to an elector who
14 is to be out of the county on the day of the election a
15 printed certification in substantially the following form:
16 I state that I am a resident of the .... precinct of the
17 (1) *township of .... (2) *City of .... or (3) *.... ward in
18 the city of .... residing at .... in such city or town in the
19 county of .... and State of Illinois, that I have lived at
20 such address for .... months last past; that I am lawfully
21 entitled to vote in such precinct at the .... election to be
22 held on ....; and I expect to be absent from the county of my
23 residence on the date of such election.
24 *fill in either (1), (2) or (3).
25 I further state that I personally marked the enclosed
26 ballot in secret.
27 Under penalties of perjury as provided by law pursuant to
28 Section 29-10 of The Election Code, the undersigned certifies
29 that the statements set forth in this certification are true
30 and correct.
31 .......................
32 If the ballot is to go to an elector who is physically
33 incapacitated the envelope shall bear upon the back thereof a
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1 certification in substantially the following form:
2 I state that I am a resident of the .... precinct of the
3 (1) *township of .... (2) *City of .... or (3) *.... ward in
4 the city of .... residing at .... in such city or town in the
5 county of .... and State of Illinois, that I have lived at
6 such address for .... months last past; that I am lawfully
7 entitled to vote in such precinct at the .... election to be
8 held on ....; that I shall be physically incapable of being
9 present at the polls of such precinct on the date of holding
10 such election.
11 *fill in either (1), (2) or (3).
12 I further state that I personally marked the enclosed
13 ballot in secret. If I received assistance in casting my
14 ballot, I further attest that, due to physical incapacity, I
15 marked the enclosed ballot in secret with the assistance of
16 .................................
17 (Individual rendering assistance)
18 .................................
19 (Residence Address)
20 Under penalties of perjury as provided by law pursuant
21 to Section 29-10 of The Election Code, the undersigned
22 certifies that the statements set forth in this certification
23 are true and correct.
24 .......................
25 In the case of a voter who is voting absentee by reason
26 of physical incapacity, marking a ballot in secret includes
27 marking a ballot with the assistance of another individual,
28 other than a candidate whose name appears on the ballot,
29 precinct committeeman, ward committeeman, township
30 committeeman, State central committeeman, or officer of a
31 political committee (unless the voter is the spouse or a
32 parent, child, brother, or sister of the candidate, precinct
33 committeeman, ward committeeman, township committeeman, State
34 central committeeman, or officer of a political committee),
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1 the voter's employer, an agent of that employer or an officer
2 or agent of the voter's union, when the voter's physical
3 incapacity necessitates such assistance.
4 If the ballot is to go to an elector who is unable to be
5 present at the polls on the date of the election because of
6 the observance of a religious holiday, the envelope shall
7 bear upon the back thereof a certification in substantially
8 the following form:
9 I state that I am a resident of the .... precinct of the
10 (1) *township of .... (2) *City of .... or (3) *.... ward in
11 the city of .... residing at .... in said city or town in the
12 county of .... and State of Illinois, that I have lived at
13 such address for .... months last past; that I am lawfully
14 entitled to vote in such precinct at the .... election to be
15 held on ....; that I shall be unable to be present at the
16 polls of such precinct on the date of holding such election
17 because of the tenets of my religion in the observance of a
18 religious holiday.
19 *fill in either (1), (2) or (3).
20 I further state that I personally marked the enclosed
21 ballot in secret.
22 Under penalties of perjury as provided by law pursuant to
23 Section 29-10 of The Election Code, the undersigned certifies
24 that the statements set forth in this certification are true
25 and correct.
26 ......................
27 If the ballot is to go to an elector who is temporarily
28 abiding outside the precinct in which he is registered to
29 vote due to the fact he is a student attending an institution
30 of higher education the envelope shall bear upon the back
31 thereof a certification in substantially the following form:
32 I state that I am a resident of the .... precinct of the
33 (1) *township of .... (2) *City of .... or (3) *.... ward in
34 the city of .... residing at .... in such city or town in the
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1 county of .... and State of Illinois, that I have lived at
2 such address for .... months last past; that I am lawfully
3 entitled to vote in such precinct at the .... election to be
4 held on ....; and I expect to be absent from the precinct of
5 my residence on the date of such election because I am
6 temporarily abiding outside such precinct in the (1)
7 *township of .... (2) *city of .... in the county of .... and
8 State of .... due to the fact I am a student attending an
9 institution of higher education.
10 *fill in either (1), (2) or (3).
11 I further state that I personally marked the enclosed
12 ballot in secret.
13 Under penalties of perjury as provided by law pursuant to
14 Section 29-10 of The Election Code, the undersigned certifies
15 that the statements set forth in this certification are true
16 and correct.
17 .......................
18 If the election authority adopts the standard absentee
19 ballot application blank provided in Section 19-3, the
20 printed certification on the absentee ballot envelope shall
21 be in substantially the following form:
22 I state that I am a resident of the ...... precinct of
23 the (1) *township of..... (2) *City of ..... or (3) *.......
24 ward in the city of ....... residing at ..... in said city or
25 town in the county of ...... and State of Illinois, that I
26 have lived at such address for .... months last past; that I
27 shall be unable to be present at the polls of such precinct
28 on the date of holding such election for the reason indicated
29 on the application for ballot enclosed herein.
30 *fill in either (1), (2) or (3).
31 I further state that I personally marked the enclosed
32 ballot in secret. If I received assistance in casting my
33 ballot, I further attest that, due to physical incapacity, I
34 marked the enclosed ballot in secret with the assistance of
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1 .................................
2 (Individual rendering assistance)
3 .................................
4 (Residence Address)
5 Under penalties of perjury provided by law pursuant to
6 Section 29-10 of the Election Code, the undersigned certifies
7 that the statements set forth in this certification are true
8 and correct.
9 .......................
10 In the case of a voter who is voting absentee by reason
11 of physical incapacity, marking a ballot in secret includes
12 marking a ballot with the assistance of another individual,
13 other than a candidate whose name appears on the ballot,
14 precinct committeeman, ward committeeman, township
15 committeeman, State central committeeman, or officer of a
16 political committee (unless the voter is the spouse or a
17 parent, child, brother, or sister of the candidate, precinct
18 committeeman, ward committeeman, township committeeman, State
19 central committeeman, or officer of a political committee),
20 the voter's employer, an agent of that employer, or an
21 officer or agent of the voter's union, when the voter's
22 physical incapacity necessitates such assistance.
23 Provided, that if the ballot enclosed is to be voted at a
24 primary election, the certification shall designate the name
25 of the political party with which the voter is affiliated.
26 In addition to the above, the election authority shall
27 provide printed slips giving full instructions regarding the
28 manner of marking and returning the ballot in order that the
29 same may be counted, and shall furnish one of such printed
30 slips to each of such applicants at the same time the ballot
31 is delivered to him. Such instructions shall include the
32 following statement: "In signing the certification on the
33 absentee ballot envelope, you are attesting that you
34 personally marked this absentee ballot in secret. If you are
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1 physically unable to mark the ballot, a friend or relative
2 may assist you after completing the enclosed affidavit.
3 Federal and State laws prohibit a candidate whose name
4 appears on the ballot, precinct committeeman, ward
5 committeeman, township committeeman, State central
6 committeeman, or officer of a political committee (unless you
7 are the spouse or a parent, child, brother, or sister of the
8 candidate, precinct committeeman, ward committeeman, township
9 committeeman, State Central committeeman, or officer of a
10 political committee), your employer, your employer's agent or
11 an officer or agent of your union from assisting physically
12 disabled voters."
13 In addition to the above, if a ballot to be provided to
14 an elector pursuant to this Section contains a public
15 question described in subsection (b) of Section 28-6 and the
16 territory concerning which the question is to be submitted is
17 not described on the ballot due to the space limitations of
18 such ballot, the election authority shall provide a printed
19 copy of a notice of the public question, which shall include
20 a description of the territory in the manner required by
21 Section 16-7. The notice shall be furnished to the elector
22 at the same time the ballot is delivered to the elector.
23 (Source: P.A. 89-653, eff. 8-14-96.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.