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Public Act 095-0878
Public Act 0878 95TH GENERAL ASSEMBLY
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Public Act 095-0878 |
SB2314 Enrolled |
LRB095 19198 JAM 45444 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 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 14 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 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 or, if released, is expected to be homebound on the | day of the election and unable to travel to the polling place .
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| (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 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 or, if released, to be able to travel to the polling | place on election day .
| 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 voter or any legal relative of the | admitted voter may
present such voter's absentee ballot | application, completed as prescribed
in paragraph 1, | accompanied by the physician's certificate, completed as
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| 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 voter or | that he is a legal relative of
the admitted voter and stating | the nature of the
relationship. Such precinct voter or relative | shall further attest that
he has been authorized by the | admitted 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 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 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 election authority's | central ballot counting location
before 7 p.m. on election day.
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| Upon receipt of the admitted voter's absentee ballot,
the | ballot shall be counted in the manner prescribed in this | Article.
| (Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06.)
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Effective Date: 1/1/2009
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