Public Act 90-0101 of the 90th General Assembly
Public Act 90-0101
SB432 Enrolled LRB9000590MWpcA
AN ACT to amend the Election Code by changing Sections
17-14 and 19-4.
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 17-14 and 19-4 as follows:
(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
Sec. 17-14. Any voter who declares upon oath, properly
witnessed and with his or her signature or mark affixed, that
he or she requires assistance to vote by reason of blindness,
physical disability or inability to read, write or speak the
English language shall, upon request, be assisted in marking
his or her ballot, by 2 judges of election of different
political parties, to be selected by all judges of election
of each precinct at the opening of the polls or by a person
of the voter's choice, other than the voter's employer or
agent of that employer or officer or agent of the voter's
union. A voter who presents an Illinois Disabled Person
Identification Card, issued to that person under the
provisions of the Illinois Identification Card Act,
indicating that such voter has a Class 1A or Class 2
disability under the provisions of Section 4A of the Illinois
Identification Card Act, or a voter who declares upon oath,
properly witnessed, that by reason of any physical disability
he is unable to mark his ballot shall, upon request, be
assisted in marking his ballot by 2 of the election officers
of different parties as provided above in this Section or by
a person of the voter's choice other than the voter's
employer or agent of that employer or officer or agent of the
voter's union. Such voter shall state specifically the reason
why he cannot vote without assistance and, in the case of a
physically disabled voter, what his physical disability is
and whether or not the disability is permanent. Prior to
entering the voting booth, the person providing the
assistance, if other than 2 judges of election, shall be
presented with written instructions on how assistance shall
be provided. This instruction shall be prescribed by the
State Board of Elections and shall include the penalties for
attempting to influence the voter's choice of candidates,
party, or votes in relation to any question on the ballot and
for not marking the ballot as directed by the voter.
Additionally, the person providing the assistance shall sign
an oath, swearing not to influence the voter's choice of
candidates, party, or votes in relation to any question on
the ballot and to cast the ballot as directed by the voter.
The oath shall be prescribed by the State Board of Elections
and shall include the penalty for violating this Section. In
the voting booth, such person shall mark the ballot as
directed by the voter, and shall thereafter give no
information regarding the same. The judges of election shall
enter upon the poll lists or official poll record after the
name of any elector who received such assistance in marking
his ballot a memorandum of the fact and if the disability is
permanent. Intoxication shall not be regarded as a physical
disability, and no intoxicated person shall be entitled to
assistance in marking his ballot.
No person shall secure or attempt to secure assistance in
voting who is not blind, physically disabled or illiterate as
herein provided, nor shall any person knowingly assist a
voter in voting contrary to the provisions of this Section.
(Source: P.A. 84-808.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to
such election, or by personal delivery not more than 40 days
nor less than one day prior to such election, at the office
of such election authority, it shall be the duty of such
election authority to examine the records to ascertain
whether or not such applicant is lawfully entitled to vote as
requested, and if found so to be, to post within one business
day thereafter the name, street address, ward and precinct
number or township and district number, as the case may be,
of such applicant given on a list, the pages of which are to
be numbered consecutively to be kept by such election
authority for such purpose in a conspicuous, open and public
place accessible to the public at the entrance of the office
of such election authority, and in such a manner that such
list may be viewed without necessity of requesting permission
therefor, and within 2 business days thereafter to mail,
postage prepaid, or deliver in person in such office an
official ballot or ballots if more than one are to be voted
at said election. Mail delivery of Temporarily Absent
Student ballot applications pursuant to Section 19-12.3 shall
be by nonforwardable mail. However, for the consolidated
election, absentee ballots for certain precincts may be
delivered to applicants not less than 25 days before the
election if so much time is required to have prepared and
printed the ballots containing the names of persons nominated
for offices at the consolidated primary. The election
authority shall enclose with each absentee ballot or
application written instructions on how voting assistance
shall be provided pursuant to Section 17-14 and a document,
written and approved by the State Board of Elections,
enumerating the circumstances under which a person is
authorized to vote by absentee ballot pursuant to this
Article; such document shall also include a statement
informing the applicant that if he or she falsifies or is
solicited by another to falsify his or her eligibility to
cast an absentee ballot, such applicant or other is subject
to penalties pursuant to Section 29-10 and Section 29-20 of
the Election Code. Each election authority shall maintain a
list of the name, street address, ward and precinct, or
township and district number, as the case may be, of all
applicants who have returned absentee ballots to such
authority, and the name of such absent voter shall be added
to such list within one business day from receipt of such
ballot. If the absentee ballot envelope indicates that the
voter was assisted in casting the ballot, the name of the
person so assisting shall be included on the list. The list,
the pages of which are to be numbered consecutively, shall be
kept by each election authority in a conspicuous, open, and
public place accessible to the public at the entrance of the
office of the election authority and in a manner that the
list may be viewed without necessity of requesting permission
for viewing.
Each 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 by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each
election jurisdiction within which such voters temporarily
abide. Immediately after the close of the period during
which application may be made by mail for absentee ballots,
each election authority shall mail to each other election
authority within the State a certified list of all such
voters temporarily abiding within the jurisdiction of the
other election authority.
In the event that the return address of an application
for ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care
Act, within the jurisdiction of the election authority, and
the applicant is a registered voter in the precinct in which
such facility is located, the ballots shall be prepared and
transmitted to a responsible judge of election no later than
9 a.m. on the Saturday, Sunday or Monday immediately
preceding the election as designated by the election
authority under Section 19-12.2. Such judge shall deliver in
person on the designated day the ballot to the applicant on
the premises of the facility from which application was made.
The election authority shall by mail notify the applicant in
such facility that the ballot will be delivered by a judge of
election on the designated day.
All applications for absentee ballots shall be available
at the office of the election authority for public inspection
upon request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the
time such applications are in the possession of the judges of
election.
(Source: P.A. 89-653, eff. 8-14-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.