State of Illinois
92nd General Assembly
Legislation

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92_HB5646

 
                                               LRB9213179JMpr

 1        AN ACT concerning elections.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Election  Code  is  amended  by  changing
 5    Sections 20-2.3, 20-4, 20-5, 20-6, 20-7, and 20-8 as follows:

 6        (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
 7        Sec. 20-2.3.  Members of the Armed Forces.  Any member of
 8    the   United  States  Armed  Forces  while  on  active  duty,
 9    otherwise qualified to vote, who expects in the course of his
10    or her duties to be absent from the county in which he or she
11    resides on the day of holding any election,  in  addition  to
12    any other method of making application for an absentee ballot
13    under  this  Article,  may  make  application for an absentee
14    ballot to the election authority having jurisdiction over his
15    or her precinct  of  residence  by  a  facsimile  machine  or
16    electronic  transmission  not  less  than  10 days before the
17    election.
18        Ballots  under  this  Section  shall  be  mailed  by  the
19    election authority in the manner prescribed by  Section  20-5
20    of  this  Article and not otherwise, provided that until July
21    1, 2003, the election authority may also transmit ballots  by
22    a  facsimile  machine or by electronic transmission.  Ballots
23    voted under this Section must be  returned  to  the  election
24    authority  before  the  closing  of  the  polls on the day of
25    election. Until July  1,  2003,  an  election  authority  may
26    accept ballots voted under this Section that are returned via
27    a  facsimile  machine,  so  long as the voter attaches in the
28    transmission a completed statement consenting to a waiver  of
29    the  voter's right to secrecy of the ballot, with the voter's
30    signature  affixed  to  and  appearing   on   the   facsimile
31    statement.    Election  authorities  permitting  the  use  of
 
                            -2-                LRB9213179JMpr
 1    facsimile  or  electronic  transmission  of  absentee  ballot
 2    materials for active duty members of the United States  Armed
 3    Forces  shall  comply,  to  the  extent practicable, with all
 4    other procedures set forth in this Article 20.
 5    (Source: P.A. 87-1052.)

 6        (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
 7        Sec. 20-4. Immediately upon the receipt of  the  official
 8    postcard or an application as provided in Section 20-3 within
 9    the times heretofore prescribed, the election authority shall
10    ascertain  whether  or not such applicant is legally entitled
11    to vote as requested. If the  election  authority  ascertains
12    that  the  applicant  is  lawfully entitled to vote, it shall
13    enter the name, street address, ward and precinct  number  of
14    such applicant on a list to be posted in his or its office in
15    a  place  accessible  to  the public. As soon as the official
16    ballot is prepared the election authority  shall  immediately
17    deliver  the  same to the applicant in person, or by mail, in
18    the manner prescribed in Section  20-5,  or,  until  July  1,
19    2003,   by   use   of   a  facsimile  machine  or  electronic
20    transmission, in the manner prescribed in Section 20-2.3.
21        If any such  election  authority  receives  a  second  or
22    additional  application  which  it  believes is from the same
23    person, he or it shall submit it to the chief  judge  of  the
24    circuit  court  or  any judge of that court designated by the
25    chief judge. If the chief judge or his  designate  determines
26    that  the  application  submitted  to  him  is  a  second  or
27    additional one, he shall so notify the election authority who
28    shall disregard the second or additional application.
29        The  election  authority  shall  maintain a list for each
30    election of  the  voters  to  whom  it  has  issued  absentee
31    ballots.  The  list  shall  be  maintained  for each precinct
32    within the jurisdiction of the election authority.  Prior  to
33    the  opening  of  the  polls  on  election  day, the election
 
                            -3-                LRB9213179JMpr
 1    authority shall deliver to the judges  of  election  in  each
 2    precinct  the  list  of registered voters in that precinct to
 3    whom absentee ballots have been issued.
 4        Until July 1, 2003, election authorities may  transmit  a
 5    ballot  simultaneously  with  transmitting an application for
 6    absentee ballot to any member  of  the  United  States  Armed
 7    Forces  while  on active duty.  However, no such ballot shall
 8    be counted unless an application has been  completed  by  the
 9    voter   and   its   authenticity   verified   prior   to   or
10    simultaneously  with  receipt  of the completed ballot by the
11    election authority.
12    (Source: P.A. 81-0155; 81-0953; 81-1509.)

13        (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
14        Sec. 20-5.  The election authority shall fold the  ballot
15    or ballots in the manner specified by the statute for folding
16    ballots  prior  to  their deposit in the ballot box and shall
17    enclose such ballot in an envelope unsealed to  be  furnished
18    by  it,  which  envelope shall bear upon the face thereof the
19    name, official title and post office address of the  election
20    authority,  and  upon  the  other side of such envelope there
21    shall  be  printed  a  certification  in  substantially   the
22    following form:
23                           "CERTIFICATION
24        I  state  that  I  am  a  resident/former resident of the
25    .......   precinct   of    the    city/village/township    of
26    ............,  (Designation to be made by Election Authority)
27    or of the .... ward in the city of  ...........  (Designation
28    to    be    made   by   Election   Authority)   residing   at
29    ................ in said city/village/township in the  county
30    of ........... and State of Illinois; that I am a
31        1.  (  )  member of the United States Service
32        2.  (  )  citizen   of   the  United  States  temporarily
33    residing outside the territorial limits of the United States
 
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 1        3.  ( )  nonresident civilian citizen
 2    and desire to cast the enclosed ballot pursuant to Article 20
 3    of The Election Code; that I am lawfully entitled to vote  in
 4    such  precinct  at  the  ...........  election  to be held on
 5    ............
 6        I further state that I  marked  the  enclosed  ballot  in
 7    secret.
 8        Under penalties as provided by law pursuant to Article 29
 9    of  The  Election  Code,  the  undersigned certifies that the
10    statements set forth  in  this  certification  are  true  and
11    correct.
12                                            ...............(Name)
13                                            .....................
14                                               (Service Address)"
15                                            .....................
16                                            .....................
17                                            .....................
18        If  the  ballot  enclosed  is  to  be  voted at a primary
19    election, the certification shall designate the name  of  the
20    political party with which the voter is affiliated.
21        In  addition  to  the above, the election authority shall
22    provide printed slips giving full instructions regarding  the
23    manner  of  completing  the forms and affidavits for absentee
24    registration or the  manner  of  marking  and  returning  the
25    ballot  in  order  that  the  same  may be counted, and shall
26    furnish one of the printed slips to each of the applicants at
27    the  same  time  the  registration  materials  or  ballot  is
28    delivered to him.
29        In addition to the above, if a ballot to be  provided  to
30    an  elector  pursuant  to  this  Section  contains  a  public
31    question  described in subsection (b) of Section 28-6 and the
32    territory concerning which the question is to be submitted is
33    not described on the ballot due to the space  limitations  of
34    such  ballot,  the election authority shall provide a printed
 
                            -5-                LRB9213179JMpr
 1    copy of a notice of the public question, which shall  include
 2    a  description  of  the  territory  in the manner required by
 3    Section 16-7.  The notice shall be furnished to  the  elector
 4    at the same time the ballot is delivered to the elector.
 5        The envelope in which such registration or such ballot is
 6    mailed  to  the  voter  as  well as the envelope in which the
 7    registration materials or the ballot is returned by the voter
 8    shall have printed  across  the  face  thereof  two  parallel
 9    horizontal  red  bars,  each one-quarter inch wide, extending
10    from one side of the envelope to  the  other  side,  with  an
11    intervening  space of one-quarter inch, the top bar to be one
12    and one-quarter inches from the top of the envelope, and with
13    the words "Official Election Balloting Material-VIA AIR MAIL"
14    between the bars. In the upper right corner of such  envelope
15    in  a  box,  there  shall be printed the words: "U.S. Postage
16    Paid 42 USC 1973". All printing on the face of such envelopes
17    shall be in red,  including  an  appropriate  inscription  or
18    blank in the upper left corner of return address of sender.
19        Until  July  1,  2003,  election authorities transmitting
20    ballots by facsimile machines or electronic  transmission  in
21    the  manner prescribed by Section 20-2.3 shall, to the extent
22    practicable  provide  the  voter  by  facsimile  machine   or
23    electronic   transmission   with   the   same   instructions,
24    certification,  and  other  materials  as  are required to be
25    provided to voters by mail.
26    (Source: P.A. 84-1467.)

27        (10 ILCS 5/20-6) (from Ch. 46, par. 20-6)
28        Sec. 20-6.  Such absent voter shall make and subscribe to
29    the certifications provided for in the application and on the
30    return envelope for the ballot, and such  ballot  or  ballots
31    shall  then be folded by such voter in the manner required to
32    be folded before depositing the same in the ballot  box,  and
33    be  deposited  in  such  envelope  and  the envelope securely
 
                            -6-                LRB9213179JMpr
 1    sealed. Such envelope shall be mailed by such voter,  to  the
 2    officer  issuing the ballot or, if more convenient, it may be
 3    delivered in person.
 4        Until July 1, 2003, when the election  authority  accepts
 5    ballots voted under Section 20-2.3 via facsimile machine, the
 6    voter  may  complete  the ballot and transmit it by facsimile
 7    machine to the election authority, accompanied by a completed
 8    statement consenting to a waiver  of  the  voter's  right  to
 9    secrecy  of the ballot, with the voter's signature affixed to
10    and  appearing  on  the  facsimile  statement.  The  election
11    authority shall adopt procedures  to  limit,  to  the  extent
12    practicable,  access  to  voted ballots received by facsimile
13    machine.  Completed  ballots  may  not  be  returned  to  the
14    election    authority    by   other   means   of   electronic
15    transmissions.
16        If the absent voter wishes to return a marked ballot that
17    the voter received from the election authority  by  facsimile
18    machine or electronic transmission, the voter may use 2 plain
19    envelopes,  marking  one  as the security envelope into which
20    the voter shall insert the  marked  ballot  and  marking  the
21    other as the return envelope for mailing.
22    (Source: P.A. 81-155.)

23        (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
24        Sec.  20-7.  Upon  receipt of such absent voter's ballot,
25    the officer  or  officers  above  described  shall  forthwith
26    enclose the same unopened, together with the application made
27    by  said  absent  voter  in a large or carrier envelope which
28    shall be securely sealed  and  endorsed  with  the  name  and
29    official  title of such officer and the words, "This envelope
30    contains an absent voter's  ballot  and  must  be  opened  on
31    election  day,"  together  with the number and description of
32    the precinct in which said ballot is to be  voted,  and  such
33    officer  shall  thereafter safely keep the same in his office
 
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 1    until counted by him as provided in the next section.
 2        Until July 1, 2003, when the election  authority  permits
 3    the  use  of    facsimile  machines  for transmissions in the
 4    manner prescribed by Section 20-2.3, the  election  authority
 5    shall  forthwith  take  such necessary steps so as to prepare
 6    the ballot for counting, either in the office of the election
 7    authority  or  in  the  precinct,  in  a  manner   reasonably
 8    consistent  with  the  procedure required in this Section for
 9    the counting of other absentee ballots.
10    (Source: P.A. 81-155.)

11        (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
12        Sec. 20-8. In case any such ballot  is  received  by  the
13    election  authority   prior  to  the delivery of the official
14    ballots to the judges of election of the  precinct  in  which
15    said  elector  resides, such ballot envelope and application,
16    sealed in the carrier envelope, shall be enclosed in the same
17    package  with  the  other  official  ballots  and   therewith
18    delivered  to  the  judges  of  such  precinct.  In  case the
19    official ballots for such precinct have been delivered to the
20    judges of election at the time of the receipt by the election
21    authority of such absent voter's ballot, it shall immediately
22    enclose said envelope containing the absent  voter's  ballot,
23    together  with  his  application  therefor,  in  a  larger or
24    carrier envelope which shall be securely sealed and addressed
25    on the face to the judges of election,  giving  the  name  or
26    number  of precinct, street and number of polling place, city
27    or town in which such absent voter is  a  qualified  elector,
28    and  the  words,  "This  envelope  contains an absent voter's
29    ballot and must be opened only on election day at  the  polls
30    immediately  after  the  polls are closed," mailing the same,
31    postage prepaid, to such  judges  of  election,  or  if  more
32    convenient he or it may deliver such absent voter's ballot to
33    the  judges  of election in person or by duly deputized agent
 
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 1    and secure  his  receipt  for  delivery  of  such  ballot  or
 2    ballots.  Absent  voter's ballots postmarked after 11:59 p.m.
 3    of the day immediately preceding the election returned to the
 4    election authority too late to be  delivered  to  the  proper
 5    polling  place  before the closing of the polls on the day of
 6    election shall be endorsed by the person receiving  the  same
 7    with  the  day  and  hour of receipt and shall be safely kept
 8    unopened by the election authority for  the  period  of  time
 9    required  for  the  preservation  of  ballots  used  at  such
10    election,  and shall then, without being opened, be destroyed
11    in like manner as the used ballots of such election.
12        Until July 1, 2003, if the  election  authority  receives
13    from  the  same  voter  both  a  marked absent voter's ballot
14    returned by mail and a marked absent voter's ballot  returned
15    by  facsimile machine, the election authority shall count the
16    ballot returned by mail.  The ballot  returned  by  facsimile
17    machine  shall  not  be counted but shall be marked "Rejected
18    Duplicate FAX Ballot"  and  preserved  with  other  unopened,
19    uncounted ballots.
20        All  absent  voters'  ballots  received  by  the election
21    authority after 12:00 noon on election day or  too  late  for
22    delivery  to  the  proper polling place before the closing of
23    the polls on election day, except ballots  returned  by  mail
24    postmarked  after midnight preceding the opening of the polls
25    on election day, shall  be  counted  in  the  office  of  the
26    election authority on the day of the election after 7:00 p.m.
27    All  absent  voters'  ballots delivered in error to the wrong
28    precinct polling place shall  be  returned  to  the  election
29    authority  and  counted  under  this provision. Until July 1,
30    2003, absent voters' ballots voted under Section  20-2.3  and
31    transmitted  by  the  voter  to  the  election  authority via
32    facsimile machine  may  be  counted  in  the  office  of  the
33    election  authority  under  this  provision  or  they  may be
34    delivered to  the  judges  of  election  in  the  appropriate
 
                            -9-                LRB9213179JMpr
 1    precinct for counting as provided in Section 20-9.
 2        Such  counting shall commence no later than 8:00 p.m. and
 3    shall be conducted by a panel or panels  of  election  judges
 4    appointed  in the manner provided by law. Such counting shall
 5    continue  until  all  absent  voters'  ballots  received   as
 6    aforesaid have been counted.
 7        The  procedures set forth in Section 19-9 of this Act and
 8    Articles 17 and 18 of this Code, shall apply  to  all  absent
 9    voters'  ballots  counted  under  this provision; except that
10    votes  shall  be  recorded   without   regard   to   precinct
11    designation.
12        Where  certain  absent voters' ballots are counted in the
13    office of the election authority as provided in this Section,
14    each  political  party,   candidate   and   qualified   civic
15    organization   shall   be   entitled   to  have  present  one
16    pollwatcher  for  each  panel  of  election  judges   therein
17    assigned.
18    (Source: P.A. 84-861.)

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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