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| Public Act 096-1004 |
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
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Sec. 16-5.01. (a) The election authority shall, at least 60
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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.
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(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
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all general elections at which federal officers are elected or | ||||
nominated and shall be
prepared by the election authority in | ||||
substantially the following form:
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Special Write-in Absentee Voter's Blank Ballot
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(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.)
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Title of Office Name of Candidate
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( )
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( )
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( )
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( )
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( )
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( )
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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.
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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.
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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.
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(c) Notwithstanding any provision of this Code or other law
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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.
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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.
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The State Board of Elections shall adopt rules for election
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authorities for the implementation of this subsection,
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including but not limited to the application for and counting
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of ranked ballots.
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(Source: P.A. 95-889, eff. 1-1-09.)
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(10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
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Sec. 20-1.
The following words and phrases contained in | ||
this Article
shall be construed as follows:
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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.
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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.
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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.
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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
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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.
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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)).
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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.
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7. "Federal election" means any general, primary or special | ||
election at
which candidates are nominated or elected to | ||
Federal office.
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8. "Dependent", for purposes of this Article, shall mean a | ||
father, mother,
brother, sister, son or daughter.
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9. "Electronic transmission" includes, but is not limited | ||
to, transmission by electronic mail or the Internet. | ||
(Source: P.A. 81-953.)
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(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
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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
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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.
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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.
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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.
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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.
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(Source: P.A. 96-312, eff. 1-1-10.)
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(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
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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
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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.
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(Source: P.A. 96-312, eff. 1-1-10.)
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(10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
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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
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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.
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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.
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(Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; revised | ||
10-6-09.)
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(10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
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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
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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.
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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
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disregard the second or additional application.
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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.
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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.)
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(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
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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
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authority, and upon the other side of such envelope there shall | ||
be
printed a certification in substantially the following form:
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"CERTIFICATION
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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
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Illinois; that I am a
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1. ( ) member of the United States Service
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2. ( ) citizen of the United States temporarily residing | ||
outside the
territorial limits of the United States
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3. ( ) nonresident civilian citizen
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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 | ||
............
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I further state that I marked the enclosed ballot in | ||
secret.
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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.
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...............(Name)
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.....................
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(Service Address)"
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.....................
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.....................
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.....................
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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 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.
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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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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.
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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.)
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(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.
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