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90_SB1441
10 ILCS 5/19-2 from Ch. 46, par. 19-2
10 ILCS 5/19-4 from Ch. 46, par. 19-4
Amends the Election Code. Allows electors (in certain
circumstances) to apply to the county clerk or the Board of
Election Commissioners for an absentee ballot by mail not
more than 40 nor less than 7 days (now 5 days) before the
election.
LRB9010233JMmgA
LRB9010233JMmgA
1 AN ACT to amend the Election Code by changing Sections
2 19-2 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 19-2 and 19-4 as follows:
7 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
8 Sec. 19-2. Any elector as defined in Section 19-1
9 expecting to be absent from the county of his residence or
10 any such elector who because of being appointed a judge of
11 election in a precinct other than the precinct in which he
12 resides or who because of physical incapacity or the tenets
13 of his religion in the observance of a religious holiday or
14 who because of election duties for the office of an Election
15 Authority, the State Board of Elections, or a law enforcement
16 agency will be unable to be present at the polls on the day
17 of such election may by mail, not more than 40 nor less than
18 7 5 days prior to the date of such election, or by personal
19 delivery not more than 40 nor less than one day prior to the
20 date of such election, make application to the county clerk
21 or to the Board of Election Commissioners for an official
22 ballot for the voter's precinct to be voted at such election.
23 (Source: P.A. 84-808.)
24 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
25 Sec. 19-4. Mailing or delivery of ballots - Time.)
26 Immediately upon the receipt of such application either by
27 mail, not more than 40 days nor less than 7 5 days prior to
28 such election, or by personal delivery not more than 40 days
29 nor less than one day prior to such election, at the office
30 of such election authority, it shall be the duty of such
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1 election authority to examine the records to ascertain
2 whether or not such applicant is lawfully entitled to vote as
3 requested, and if found so to be, to post within one business
4 day thereafter the name, street address, ward and precinct
5 number or township and district number, as the case may be,
6 of such applicant given on a list, the pages of which are to
7 be numbered consecutively to be kept by such election
8 authority for such purpose in a conspicuous, open and public
9 place accessible to the public at the entrance of the office
10 of such election authority, and in such a manner that such
11 list may be viewed without necessity of requesting permission
12 therefor, and within 2 business days thereafter to mail,
13 postage prepaid, or deliver in person in such office an
14 official ballot or ballots if more than one are to be voted
15 at said election. Mail delivery of Temporarily Absent
16 Student ballot applications pursuant to Section 19-12.3 shall
17 be by nonforwardable mail. However, for the consolidated
18 election, absentee ballots for certain precincts may be
19 delivered to applicants not less than 25 days before the
20 election if so much time is required to have prepared and
21 printed the ballots containing the names of persons nominated
22 for offices at the consolidated primary. The election
23 authority shall enclose with each absentee ballot or
24 application written instructions on how voting assistance
25 shall be provided pursuant to Section 17-14 and a document,
26 written and approved by the State Board of Elections,
27 enumerating the circumstances under which a person is
28 authorized to vote by absentee ballot pursuant to this
29 Article; such document shall also include a statement
30 informing the applicant that if he or she falsifies or is
31 solicited by another to falsify his or her eligibility to
32 cast an absentee ballot, such applicant or other is subject
33 to penalties pursuant to Section 29-10 and Section 29-20 of
34 the Election Code. Each election authority shall maintain a
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1 list of the name, street address, ward and precinct, or
2 township and district number, as the case may be, of all
3 applicants who have returned absentee ballots to such
4 authority, and the name of such absent voter shall be added
5 to such list within one business day from receipt of such
6 ballot. If the absentee ballot envelope indicates that the
7 voter was assisted in casting the ballot, the name of the
8 person so assisting shall be included on the list. The list,
9 the pages of which are to be numbered consecutively, shall be
10 kept by each election authority in a conspicuous, open, and
11 public place accessible to the public at the entrance of the
12 office of the election authority and in a manner that the
13 list may be viewed without necessity of requesting permission
14 for viewing.
15 Each election authority shall maintain a list for each
16 election of the voters to whom it has issued absentee
17 ballots. The list shall be maintained for each precinct
18 within the jurisdiction of the election authority. Prior to
19 the opening of the polls on election day, the election
20 authority shall deliver to the judges of election in each
21 precinct the list of registered voters in that precinct to
22 whom absentee ballots have been issued by mail.
23 Each election authority shall maintain a list for each
24 election of voters to whom it has issued temporarily absent
25 student ballots. The list shall be maintained for each
26 election jurisdiction within which such voters temporarily
27 abide. Immediately after the close of the period during
28 which application may be made by mail for absentee ballots,
29 each election authority shall mail to each other election
30 authority within the State a certified list of all such
31 voters temporarily abiding within the jurisdiction of the
32 other election authority.
33 In the event that the return address of an application
34 for ballot by a physically incapacitated elector is that of a
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1 facility licensed or certified under the Nursing Home Care
2 Act, within the jurisdiction of the election authority, and
3 the applicant is a registered voter in the precinct in which
4 such facility is located, the ballots shall be prepared and
5 transmitted to a responsible judge of election no later than
6 9 a.m. on the Saturday, Sunday or Monday immediately
7 preceding the election as designated by the election
8 authority under Section 19-12.2. Such judge shall deliver in
9 person on the designated day the ballot to the applicant on
10 the premises of the facility from which application was made.
11 The election authority shall by mail notify the applicant in
12 such facility that the ballot will be delivered by a judge of
13 election on the designated day.
14 All applications for absentee ballots shall be available
15 at the office of the election authority for public inspection
16 upon request from the time of receipt thereof by the election
17 authority until 30 days after the election, except during the
18 time such applications are kept in the office of the election
19 authority pursuant to Section 19-7, and except during the
20 time such applications are in the possession of the judges of
21 election.
22 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)