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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.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Election Code is amended by changing |
Sections 3-5, 19-1,
19-2, and 19-5 as follows:
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(10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
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Sec. 3-5. No person who has been legally convicted, in this
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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
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serving a sentence of confinement in any penal institution,
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shall vote, offer to vote, attempt to vote or be permitted
to |
vote at any election until his release from confinement.
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Confinement for purposes of this Section shall include any
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person convicted and imprisoned but granted a furlough as
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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.
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Confinement or detention in a jail pending acquittal or
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conviction of a crime is not a disqualification for voting.
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(Source: P.A. 80-699.)
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(10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
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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 |
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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
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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.
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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.
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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
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physical abilities.
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(Source: P.A. 86-873; 86-875; 86-1028.)
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(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
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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 |
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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.
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(Source: P.A. 84-808.)
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(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
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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:
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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.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed |
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ballot in secret.
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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.
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.......................
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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:
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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.
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*fill in either (1), (2) or (3).
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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
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.................................
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(Individual rendering assistance)
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.................................
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(Residence Address)
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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.
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.......................
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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 |
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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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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:
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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.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed |
ballot in secret.
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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.
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......................
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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:
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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 |
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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.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed |
ballot in secret.
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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.
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......................
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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:
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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)
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*city of .... in the county of .... and State of .... due to the |
fact I am
a student attending an institution of higher |
education.
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*fill in either (1), (2) or (3).
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I further state that I personally marked the enclosed |
ballot in secret.
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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 |
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and correct.
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.......................
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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:
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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
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date of holding such election for the reason indicated on the |
application
for ballot enclosed herein.
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*fill in either (1), (2) or (3).
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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
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.................................
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(Individual rendering assistance)
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.................................
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(Residence Address)
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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.
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.......................
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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.
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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
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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."
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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
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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.
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(Source: P.A. 89-653, eff. 8-14-96.)
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