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Public Act 096-1004


 

Public Act 1004 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-1004
 
HB6077 Enrolled LRB096 18952 JAM 34340 b

    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 16-5.01, 20-1, 20-2.1, 20-2.2, 20-2.3, 20-4, and 20-5
and by adding Section 20-25 as follows:
 
    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
    Sec. 16-5.01. (a) The election authority shall, at least 60
days prior to the date of any general election at which federal
officers are elected and 45 days prior to any other regular
election, have a sufficient number of ballots printed so that
such ballots will be available for mailing 60 days prior to the
date of the election to persons who have filed application for
a ballot under the provisions of Article 20 of this Act.
    (b) If at any general election at which federal offices are
elected or nominated the election authority is unable to comply
with the provisions of subsection (a), the election authority
shall mail to each such person, in lieu of the ballot, a
Special Write-in Absentee Voter's Blank Ballot. The Special
Write-in Absentee Voter's Blank Ballot shall be used only at
all general elections at which federal officers are elected or
nominated and shall be prepared by the election authority in
substantially the following form:
Special Write-in Absentee Voter's Blank Ballot
    (To vote for a person, write the title of the office and
his or her name on the lines provided. Place to the left of and
opposite the title of office a square and place a cross (X) in
the square.)
        Title of Office                 Name of Candidate
(    )                                                       
(    )                                                       
(    )                                                       
(    )                                                       
(    )                                                       
(    )                                                       
    The election authority shall send with the Special Write-in
Absentee Voter's Blank Ballot a list of all referenda for which
the voter is qualified to vote and all candidates for whom
nomination papers have been filed and for whom the voter is
qualified to vote. The voter shall be entitled to write in the
name of any candidate seeking election and any referenda for
which he or she is entitled to vote.
    On the back or outside of the ballot, so as to appear when
folded, shall be printed the words "Official Ballot", the date
of the election and a facsimile of the signature of the
election authority who has caused the ballot to be printed.
    The provisions of Article 20, insofar as they may be
applicable to the Special Write-in Absentee Voter's Blank
Ballot, shall be applicable herein.
    (c) Notwithstanding any provision of this Code or other law
to the contrary, the governing body of a municipality may
adopt, upon submission of a written statement by the
municipality's election authority attesting to the
administrative ability of the election authority to administer
an election using a ranked ballot to the municipality's
governing body, an ordinance requiring, and that
municipality's election authority shall prepare, a ranked
absentee ballot for municipal and township office candidates to
be voted on in the consolidated election. This ranked ballot
shall be for use only by a qualified voter who either is a
member of the United States military or will be outside of the
United States on the consolidated primary election day and the
consolidated election day. The ranked ballot shall contain a
list of the titles of all municipal and township offices
potentially contested at both the consolidated primary
election and the consolidated election and the candidates for
each office and shall permit the elector to vote in the
consolidated election by indicating his or her order of
preference for each candidate for each office. To indicate his
or her order of preference for each candidate for each office,
the voter shall put the number one next to the name of the
candidate who is the voter's first choice, the number 2 for his
or her second choice, and so forth so that, in consecutive
numerical order, a number indicating the voter's preference is
written by the voter next to each candidate's name on the
ranked ballot. The voter shall not be required to indicate his
or her preference for more than one candidate on the ranked
ballot. The voter may not cast a write-in vote using the ranked
ballot for the consolidated election. The election authority
shall, if using the ranked absentee ballot authorized by this
subsection, also prepare instructions for use of the ranked
ballot. The ranked ballot for the consolidated election shall
be mailed to the voter at the same time that the ballot for the
consolidated primary election is mailed to the voter and the
election authority shall accept the completed ranked ballot for
the consolidated election when the authority accepts the
completed ballot for the consolidated primary election.
    The voter shall also be sent an absentee ballot for the
consolidated election for those races that are not related to
the results of the consolidated primary election as soon as the
consolidated election ballot is certified.
    The State Board of Elections shall adopt rules for election
authorities for the implementation of this subsection,
including but not limited to the application for and counting
of ranked ballots.
(Source: P.A. 95-889, eff. 1-1-09.)
 
    (10 ILCS 5/20-1)  (from Ch. 46, par. 20-1)
    Sec. 20-1. The following words and phrases contained in
this Article shall be construed as follows:
    1. "Territorial limits of the United States" means each of
the several States of the United States and includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam and
the Virgin Islands; but does not include American Samoa, the
Canal Zone, the Trust Territory of the Pacific Islands or any
other territory or possession of the United States.
    2. "Member of the United States Service" means (a) members
of the Armed Forces while on active duty and their spouses and
dependents of voting age when residing with or accompanying
them, (b) members of the Merchant Marine of the United States
and their spouses and dependents when residing with or
accompanying them and (c) United States government employees
serving outside the territorial limits of the United States.
    3. "Citizens of the United States temporarily residing
outside the territorial limits of the United States" means
civilian citizens of the United States and their spouses and
dependents of voting age when residing with or accompanying
them, who maintain a precinct residence in a county in this
State and whose intent to return may be ascertained.
    4. "Non-Resident Civilian Citizens" means civilian
citizens of the United States (a) who reside outside the
territorial limits of the United States, (b) who had maintained
a precinct residence in a county in this State immediately
prior to their departure from the United States, (c) who do not
maintain a residence and are not registered to vote in any
other State, and (d) whose intent to return to this State may
be uncertain.
    5. "Official postcard" means the postcard application for
registration to vote or for an absentee ballot in the form
provided in Section 204(c) of the Federal Voting Rights Act of
1955, as amended (42 U.S.C. 1973cc-14(c)).
    6. "Federal office" means the offices of President and
Vice-President of the United States, United States Senator,
Representative in Congress, delegates and alternate delegates
to the national nominating conventions and candidates for the
Presidential Preference Primary.
    7. "Federal election" means any general, primary or special
election at which candidates are nominated or elected to
Federal office.
    8. "Dependent", for purposes of this Article, shall mean a
father, mother, brother, sister, son or daughter.
    9. "Electronic transmission" includes, but is not limited
to, transmission by electronic mail or the Internet.
(Source: P.A. 81-953.)
 
    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
    Sec. 20-2.1. Citizens of the United States temporarily
residing outside the territorial limits of the United States
who are not registered but otherwise qualified to vote and who
expect to be absent from their county of residence during the
periods of voter registration provided for in Articles 4, 5 or
6 of this Code and on the day of holding any election, may make
simultaneous application to the election authority having
jurisdiction over their precinct of residence for an absentee
registration and absentee ballot not less than 30 days before
the election. Such application may be made on the official
postcard or on a form furnished by the election authority as
prescribed by Section 20-3 of this Article or by facsimile or
electronic transmission. A request pursuant to this Section
shall entitle the applicant to an absentee ballot for every
election in one calendar year. The original application for
ballot shall be kept in the office of the election authority
for one year as authorization to send a ballot to the voter for
each election to be held within that calendar year. A certified
copy of such application for ballot shall be sent each election
with the absentee ballot to the election authority's central
ballot counting location to be used in lieu of the original
application for ballot.
    Registration shall be required in order to vote pursuant to
this Section. However, if the election authority receives one
of such applications after 30 days but not less than 10 days
before a Federal election, said applicant shall be sent a
ballot containing the Federal offices only and registration for
that election shall be waived.
    Ballots under this Section shall be delivered mailed by the
election authority in the manner prescribed by Section 20-5 of
this Article in person, by mail, or, if requested by the
applicant and the election authority has the capability, by
facsimile transmission or by electronic transmission and not
otherwise.
    Ballots voted under this Section must be returned
postmarked no later than midnight preceding election day and
received for counting at the central ballot counting location
of the election authority during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
(Source: P.A. 96-312, eff. 1-1-10.)
 
    (10 ILCS 5/20-2.2)  (from Ch. 46, par. 20-2.2)
    Sec. 20-2.2. Any non-resident civilian citizen, otherwise
qualified to vote, may make application to the election
authority having jurisdiction over his precinct of former
residence for an absentee ballot containing the Federal offices
only not less than 10 days before a Federal election. Such
application may be made only on the official postcard or by
facsimile or electronic transmission. A request pursuant to
this Section shall entitle the applicant to an absentee ballot
for every election in one calendar year at which Federal
offices are filled. The original application for ballot shall
be kept in the office of the election authority for one year as
authorization to send a ballot to the voter for each election
to be held within that calendar year at which Federal offices
are filled. A certified copy of such application for ballot
shall be sent each election with the absentee ballot to the
election authority's central ballot counting location to be
used in lieu of the original application for ballot. No
registration shall be required in order to vote pursuant to
this Section. Ballots under this Section shall be delivered
mailed by the election authority in the manner prescribed by
Section 20-5 of this Article in person, by mail, or, if
requested by the applicant and the election authority has the
capability, by facsimile transmission or by electronic
transmission and not otherwise. Ballots voted under this
Section must be returned postmarked no later than midnight
preceding election day and received for counting at the central
ballot counting location of the election authority during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
(Source: P.A. 96-312, eff. 1-1-10.)
 
    (10 ILCS 5/20-2.3)  (from Ch. 46, par. 20-2.3)
    Sec. 20-2.3. Members of the Armed Forces and their spouses
and dependents. Any member of the United States Armed Forces
while on active duty, and his or her spouse and dependents,
otherwise qualified to vote, who expects in the course of his
or her duties to be absent from the county in which he or she
resides on the day of holding any election, in addition to any
other method of making application for an absentee ballot under
this Article, may make application for an absentee ballot to
the election authority having jurisdiction over his or her
precinct of residence by a facsimile machine or electronic
transmission not less than 10 days before the election.
    Ballots under this Section shall be delivered mailed by the
election authority in the manner prescribed by Section 20-5 of
this Article in person, by mail, or, if requested by the
applicant and the election authority has the capability, by
facsimile transmission or by electronic transmission and not
otherwise. Ballots voted under this Section must be returned
postmarked no later than midnight preceding election day and
received for counting at the central ballot counting location
of the election authority during the period for counting
provisional ballots, the last day of which is the 14th day
following election day.
(Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; revised
10-6-09.)
 
    (10 ILCS 5/20-4)   (from Ch. 46, par. 20-4)
    Sec. 20-4. Immediately upon the receipt of the official
postcard or an application as provided in Section 20-3 within
the times heretofore prescribed, the election authority shall
ascertain whether or not such applicant is legally entitled to
vote as requested, including verification of the applicant's
signature by comparison with the signature on the official
registration record card, if any. If the election authority
ascertains that the applicant is lawfully entitled to vote, it
shall enter the name, street address, ward and precinct number
of such applicant on a list to be posted in his or its office in
a place accessible to the public. Within one day after posting
the name and other information of an applicant for a ballot,
the election authority shall transmit that name and posted
information to the State Board of Elections, which shall
maintain the names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. As soon as the official
ballot is prepared the election authority shall immediately
deliver the same to the applicant in person, or by mail, by
facsimile transmission, or by electronic transmission as
provided in this Article in the manner prescribed in Section
20-5.
    If any such election authority receives a second or
additional application which it believes is from the same
person, he or it shall submit it to the chief judge of the
circuit court or any judge of that court designated by the
chief judge. If the chief judge or his designate determines
that the application submitted to him is a second or additional
one, he shall so notify the election authority who shall
disregard the second or additional application.
    The election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued.
    Election authorities may transmit by facsimile or other
electronic means a ballot simultaneously with transmitting an
application for absentee ballot; however, no such ballot shall
be counted unless an application has been completed by the
voter and the election authority ascertains that the applicant
is lawfully entitled to vote as provided in this Section.
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
    (10 ILCS 5/20-5)  (from Ch. 46, par. 20-5)
    Sec. 20-5. The election authority shall fold the ballot or
ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box and shall
enclose such ballot in an envelope unsealed to be furnished by
it, 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 of such envelope there shall
be printed a certification in substantially the following form:
"CERTIFICATION
    I state that I am a resident/former resident of the .......
precinct of the city/village/township of ............,
(Designation to be made by Election Authority) or of the ....
ward in the city of ........... (Designation to be made by
Election Authority) residing at ................ in said
city/village/township in the county of ........... and State of
Illinois; that I am a
    1.  (  ) member of the United States Service
    2.  (  ) citizen of the United States temporarily residing
outside the territorial limits of the United States
    3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20
of The Election Code; that I am lawfully entitled to vote in
such precinct at the ........... election to be held on
............
    I further state that I marked the enclosed ballot in
secret.
    Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
...............(Name)
.....................
(Service Address)"
.....................
.....................
.....................
    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 completing the forms and affidavits for absentee
registration or the manner of marking and returning the ballot
in order that the same may be counted, and shall furnish one of
the printed slips to each of the applicants at the same time
the registration materials or ballot is delivered to him.
    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.
    The envelope in which such registration or such ballot is
mailed to the voter as well as the envelope in which the
registration materials or the ballot is returned by the voter
shall have printed across the face thereof two parallel
horizontal red bars, each one-quarter inch wide, extending from
one side of the envelope to the other side, with an intervening
space of one-quarter inch, the top bar to be one and
one-quarter inches from the top of the envelope, and with the
words "Official Election Balloting Material-VIA AIR MAIL"
between the bars. In the upper right corner of such envelope in
a box, there shall be printed the words: "U.S. Postage Paid 42
USC 1973". All printing on the face of such envelopes shall be
in red, including an appropriate inscription or blank in the
upper left corner of return address of sender.
    The envelope in which the ballot is returned to the
election authority may be delivered (i) by mail, postage paid,
(ii) in person, by the spouse, parent, child, brother, or
sister of the voter, or (iii) by a company engaged in the
business of making deliveries of property and licensed as a
motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law.
    Election authorities transmitting ballots by facsimile or
electronic transmission shall, to the extent possible, provide
those applicants with the same instructions, certification,
and other materials required when sending by mail.
(Source: P.A. 96-512, eff. 1-1-10.)
 
    (10 ILCS 5/20-25 new)
    Sec. 20-25. Extraordinary procedures. In the event of a
deployment of the United States Armed Forces or the declaration
of an emergency by the President of the United States or the
Governor of Illinois, The Governor or the executive director of
the State Board of Elections may modify the registration and
voting procedures established by this Article or by rules
adopted pursuant to this Article for the duration of the
deployment or emergency in order to facilitate absentee voting
under this Article. The Governor or executive director, as the
case may be, then promptly shall notify each election authority
of the changes in procedures. Each election authority shall
publicize the modifications and shall provide notice of the
modifications to each person under its jurisdiction subject to
this Article for whom the election authority has contact
information.

Effective Date: 1/1/2011