Public Act 0018 94TH GENERAL ASSEMBLY

HB0203 Enrolled LRB094 03670 JAM 33675 b

Public Act 094-0018

AN ACT concerning elections.

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

Section 5. The Election Code is amended by changing Section 19-13 as follows:

(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)

Sec. 19-13. Any qualified voter who has been admitted to a hospital, nursing home, or rehabilitation center due to an illness or physical injury not more than 5 days before an election shall be entitled to personal delivery of an absentee ballot in the hospital, nursing home, or rehabilitation center subject to the following conditions:

(1) The voter completes the Application for Physically Incapacitated Elector as provided in Section 19-3, stating as reasons therein that he is a patient in ............... (name of hospital/home/center), ............... located at, ............... (address of hospital/home/center), ............... (county, city/village), was admitted hospitalized for ............... (nature of illness or physical injury), on ............... (date of admission), and does not expect to be released from the hospital/home/center on or before the day of election.

(2) The voter's physician completes a Certificate of Attending Physician in a form substantially as follows:

CERTIFICATE OF ATTENDING PHYSICIAN

I state that I am a physician, duly licensed to practice in the State of .........; that .......... is a patient in .......... (name of hospital/home/center), located at ............. (address of hospital/home/center), ................. (county, city/village); that such individual was admitted hospitalized for ............. (nature of illness or physical injury), on ............ (date of admission); and that I have examined such individual in the State in which I am licensed to practice medicine and do not expect such individual to be released from the hospital/home/center on or before the day of election.

Under penalties as provided by law pursuant to Section 29-10 of The Election Code, the undersigned certifies that the statements set forth in this certification are true and correct.

(Signature) ...............

(Date licensed) ............

(3) Any person who is registered to vote in the same precinct as the admitted hospitalized voter or any legal relative of the admitted hospitalized voter may present such voter's absentee ballot application, completed as prescribed in paragraph 1, accompanied by the physician's certificate, completed as prescribed in paragraph 2, to the election authority. Such precinct voter or relative shall execute and sign an affidavit furnished by the election authority attesting that he is a registered voter in the same precinct as the admitted hospitalized voter or that he is a legal relative of the admitted hospitalized voter and stating the nature of the relationship. Such precinct voter or relative shall further attest that he has been authorized by the admitted hospitalized voter to obtain his absentee ballot from the election authority and deliver such ballot to him in the hospital, home, or center.

Upon receipt of the admitted hospitalized voter's application, physician's certificate, and the affidavit of the precinct voter or the relative, the election authority shall examine the registration records to determine if the applicant is qualified to vote and, if found to be qualified, shall provide the precinct voter or the relative the absentee ballot for delivery to the applicant in the hospital, home, or center.

Upon receipt of the absentee ballot, the admitted hospitalized voter shall mark the ballot in secret and subscribe to the certifications on the absentee ballot return envelope. After depositing the ballot in the return envelope and securely sealing the envelope, such voter shall give the envelope to the precinct voter or the relative who shall deliver it to the election authority in sufficient time for the ballot to be delivered by the election authority to the proper precinct polling place before 7 p.m. on election day.

Upon receipt of the admitted hospitalized voter's absentee ballot, the ballot shall be counted in the manner prescribed in Section 19-9.

(Source: P.A. 84-808.)

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

Effective Date: 6/14/2005