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Public Act 094-0637
Public Act 0637 94TH GENERAL ASSEMBLY
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Public Act 094-0637
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| HB0114 Enrolled |
LRB094 03774 JAM 33783 b |
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| 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 | Sections 3-5, 19-1,
19-2, and 19-5 as follows:
| (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
| Sec. 3-5. No person who has been legally convicted, in this
| or another State or in any federal court, of any crime, and
is | serving a sentence of confinement in any penal institution,
or | who has been convicted under any section of this Act and is
| serving a sentence of confinement in any penal institution,
| shall vote, offer to vote, attempt to vote or be permitted
to | vote at any election until his release from confinement.
| Confinement for purposes of this Section shall include any
| person convicted and imprisoned but granted a furlough as
| provided by Section 3-11-1 of the "Unified Code of | Corrections",
or admitted to a work release program as provided | by Section
3-13-2 of the "Unified Code of Corrections". | Confinement shall
not include any person convicted and | imprisoned but released on parole.
| Confinement or detention in a jail pending acquittal or
| conviction of a crime is not a disqualification for voting.
| (Source: P.A. 80-699.)
| (10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
| Sec. 19-1. Any qualified elector of the State of Illinois | having
duly registered where such registration is required who | expects to be
absent from the county in which he is a qualified | elector or who because
of being appointed a judge of election | in a precinct other than the
precinct in which he resides or | who because of physical incapacity or
the tenets of his | religion in the observance of a religious holiday or
who |
| because of election duties for the office of an Election | Authority
or the State Board of Elections or who because of | election duties for a
law enforcement agency, including but not | limited to the offices of the
Attorney General, a State's | Attorney, a United States Attorney, or a
State, county, or | municipal police department, or who, because he is
temporarily | abiding outside the precinct in which he is registered to vote
| due to the fact he is a student attending an institution of | higher
education or who is serving as a sequestered juror on a | State or federal jury,
or who because of his or her confinement | or
detention in a jail pending acquittal or conviction of a | crime,
will be unable to be present at
the polls on the day of | holding any special, general or
primary election at which any | presidential preference is indicated or
any candidates are | chosen or elected, for any congressional, State,
district, | county, town, city, village, precinct or judicial offices or
at | which questions of public policy are submitted, may vote at | such
election as hereinafter in this Article provided.
| Each Election Authority, law enforcement agency, and the | State Board
of Elections shall compile and keep current a list | of his or its
officers or employees who are eligible to vote | under this Article by
reason of election duties.
| For purposes of this Article 19, a physically incapacitated | voter marks
his or her ballot "personally" when the voter | exercises his or her physical
abilities to their reasonable | limit in marking the ballot, and marking
personally may include | instructing the person assisting the incapacitated
voter when | giving such instruction represents the reasonable limit of the
| physical abilities.
| (Source: P.A. 86-873; 86-875; 86-1028.)
| (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
| Sec. 19-2. Any elector as defined in Section 19-1 expecting | to be
absent from the county of his residence or any such | elector who because
of being appointed a judge of election in a | precinct other than the
precinct in which he resides or who |
| because of physical incapacity or
the tenets of his religion in | the observance of a religious holiday or
who because of | election duties for the office of an Election Authority,
the | State Board of Elections, or a law enforcement
agency, or who | because of his or her confinement or
detention in a jail | pending acquittal or conviction of a crime,
will be unable to | be present at the polls on the day of such
election may by | mail, not more than 40 nor less than 5 days prior to the
date of | such election, or by personal delivery not more than 40 nor | less
than one day prior to the date of such election, make | application to the
county clerk or to the Board of Election | Commissioners for an official
ballot for the voter's precinct | to be voted at such election.
| (Source: P.A. 84-808.)
| (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
| Sec. 19-5. It shall be the duty of the election authority | to fold the
ballot or ballots in the manner specified by the | statute for folding
ballots prior to their deposit in the | ballot box, and to enclose such
ballot or ballots in an | envelope unsealed to be furnished by him, which
envelope shall | bear upon the face thereof the name, official title and
post | office address of the election authority, and upon the other | side
if the ballot is to go to an elector who is to be out of | the county on
the day of the election a printed certification | in substantially the
following form:
| I state that I am a resident of the .... precinct of the | (1)
*township of .... (2) *City of .... or (3) *.... ward in | the city of
.... residing at .... in such city or town in the | county of .... and
State of Illinois, that I have lived at such | address for .... months
last past; that I am lawfully entitled | to vote in such precinct at the
.... election to be held on | ....; and I expect to be absent from the
county of my residence | on the date of such election.
| *fill in either (1), (2) or (3).
| I further state that I personally marked the enclosed |
| ballot in secret.
| Under penalties of perjury 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.
| .......................
| If the ballot is to go to an elector who is physically | incapacitated
the envelope shall bear upon the back thereof a | certification in
substantially the following form:
| I state that I am a resident of the .... precinct of the | (1)
*township of .... (2) *City of .... or (3) *.... ward in | the city of
.... residing at .... in such city or town in the | county of .... and
State of Illinois, that I have lived at such | address for .... months
last past; that I am lawfully entitled | to vote in such precinct at the
.... election to be held on | ....; that I shall be physically incapable
of being present at | the polls of such precinct on the date of holding
such | election.
| *fill in either (1), (2) or (3).
| I further state that I personally marked the enclosed | ballot in secret.
If I received assistance in casting my | ballot, I further attest that, due
to physical incapacity, I | marked the enclosed
ballot in secret with the assistance of
| .................................
| (Individual rendering assistance)
| .................................
| (Residence Address)
| Under penalties of perjury 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.
| .......................
| In the case of a voter who is voting absentee by reason of | physical
incapacity, marking a ballot in secret includes | marking a ballot with the
assistance of another individual, | other than a candidate
whose name appears on the ballot (unless |
| the voter is the spouse or a
parent, child, brother, or sister | of the candidate),
the voter's employer, an
agent of that | employer or an officer or agent of the voter's union, when
the | voter's physical incapacity necessitates such assistance.
| If the ballot is to go to an elector who is unable to be | present at
the polls on the date of the election because of the | observance of a
religious holiday, the envelope shall bear upon | the back thereof a
certification in substantially the following | form:
| I state that I am a resident of the .... precinct of the | (1)
*township of .... (2) *City of .... or (3) *.... ward in | the city of
.... residing at .... in said city or town in the | county of .... and
State of Illinois, that I have lived at such | address for .... months
last past; that I am lawfully entitled | to vote in such precinct at the
.... election to be held on | ....; that I shall be unable to be present
at the polls of such | precinct on the date of holding such election
because of the | tenets of my religion in the observance of a religious
holiday.
| *fill in either (1), (2) or (3).
| I further state that I personally marked the enclosed | ballot in secret.
| Under penalties of perjury 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.
| ......................
| If the ballot is to go to an elector who is unable to be | present at the
polls on the date of the election because he or | she is confined or detained in
jail pending acquittal or | conviction of a crime, the envelope shall
bear upon the back | thereof a certification in substantially the following form:
| I state that I am a resident of the .... precinct of the | (1) *township of
.... (2) *City of.... or (3) *.... ward in the | city of .... residing at .... in
that city or town in the | county of .... and State of Illinois, that I have
lived at such | address for .... months last past; that I am lawfully entitled |
| to
vote in such precinct at the .... election to be held on | ....; that I shall be
unable to be present at the polls of such | precinct on the date of holding such
election because of my | confinement or detention in jail pending
acquittal or | conviction of a crime.
| *fill in either (1), (2) or (3).
| I further state that I personally marked the enclosed | ballot in secret.
| Under penalties of perjury 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.
| ......................
| If the ballot is to go to an elector who is temporarily | abiding outside
the precinct in which he is registered to vote | due to the fact he is a
student attending an institution of | higher education the envelope shall
bear upon the back thereof | a certification in substantially the following form:
| I state that I am a resident of the .... precinct of the | (1)
*township of .... (2) *City of .... or (3) *.... ward in | the city of
.... residing at .... in such city or town in the | county of .... and
State of Illinois, that I have lived at such | address for .... months
last past; that I am lawfully entitled | to vote in such precinct at the
.... election to be held on | ....; and I expect to be absent from the
precinct of my | residence on the date of such election because I am
temporarily | abiding outside such precinct in the (1) *township of .... (2)
| *city of .... in the county of .... and State of .... due to the | fact I am
a student attending an institution of higher | education.
| *fill in either (1), (2) or (3).
| I further state that I personally marked the enclosed | ballot in secret.
| Under penalties of perjury 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.
| .......................
| If the election authority adopts the standard absentee | ballot application
blank provided in Section 19-3, the printed | certification on the absentee
ballot envelope shall be in | substantially the following form:
| I state that I am a resident of the ...... precinct of the | (1) *township
of..... (2) *City of ..... or (3) *....... ward | in the city of .......
residing at ..... in said city or town | in the county of ...... and State
of Illinois, that I have | lived at such address for .... months last past;
that I shall | be unable to be present at the polls of such precinct on the
| date of holding such election for the reason indicated on the | application
for ballot enclosed herein.
| *fill in either (1), (2) or (3).
| I further state that I personally marked the enclosed | ballot in secret.
If I received assistance in casting my | ballot, I further attest that, due
to physical incapacity, I | marked the enclosed
ballot in secret with the assistance of
| .................................
| (Individual rendering assistance)
| .................................
| (Residence Address)
| Under penalties of perjury 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.
| .......................
| In the case of a voter who is voting absentee by reason of | physical
incapacity, marking a ballot in secret includes | marking a ballot with the
assistance of another individual, | other than a candidate
whose name appears on the ballot (unless | the voter is the spouse or a
parent, child, brother, or sister | of the candidate), the voter's
employer, an
agent of that | employer, or an officer or agent of the voter's union, when
the | voter's physical incapacity necessitates such assistance.
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| Provided, that if the ballot enclosed is to be voted at a | primary
election, the certification shall designate the name of | the political
party with which the voter is affiliated.
| In addition to the above, the election authority shall | provide
printed slips giving full instructions regarding the | manner of marking
and returning the ballot in order that the | same may be counted, and
shall furnish one of such printed | slips to each of such applicants at
the same time the ballot is | delivered to him.
Such instructions shall include the following | statement: "In signing the
certification on the absentee ballot | envelope, you are attesting that you
personally marked this | absentee ballot in secret. If you are physically
unable to mark | the ballot, a friend or relative may assist you after
| completing the enclosed affidavit. Federal and State laws | prohibit a
candidate whose name appears on the ballot (unless | you
are the spouse or a parent, child, brother, or sister of | the candidate), your
employer, your employer's agent or an | officer or agent of your union
from assisting physically | disabled voters."
| In addition to the above, if a ballot to be provided to an | elector
pursuant to this Section contains a public question | described in subsection
(b) of Section 28-6 and the territory | concerning which the question is
to be submitted is not | described on the ballot due to the space limitations
of such | ballot, the election authority shall provide a printed copy of
| a notice of the public question, which shall include a | description of the
territory in the manner required by Section | 16-7. The notice shall be
furnished to the elector at the same | time the ballot is delivered to the
elector.
| (Source: P.A. 89-653, eff. 8-14-96.)
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Effective Date: 1/1/2006
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