(10 ILCS 5/Art. 19 heading)
(Text of Section before amendment by P.A. 98-1171 )
ARTICLE 19.
VOTING BY ABSENT ELECTORS
(Text of Section after amendment by P.A. 98-1171 ) ARTICLE 19. VOTING BY MAIL
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-1) (from Ch. 46, par. 19-1)
Sec. 19-1. Any qualified elector of the State of Illinois having
duly registered where such registration is required may vote at such
election as hereinafter in this Article provided.
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
physical abilities.
(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
|
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-2. Any elector as defined in Section 19-1 may by mail or electronically on the website of the appropriate election authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90 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. The URL address at which voters may electronically request an absentee ballot shall be fixed no later than 90 calendar days before an election and shall not be changed until after the election.
Such a ballot shall be delivered to the elector only upon separate application by the elector for each election.
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-2. Any elector as defined in Section 19-1 may by mail or electronically on the website of the appropriate election authority, not more than 90 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 90 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. The URL address at which voters may electronically request a vote by mail ballot shall be fixed no later than 90 calendar days before an election and shall not be changed until after the election.
Such a ballot shall be delivered to the elector only upon separate application by the elector for each election.
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
(Section scheduled to be repealed on June 1, 2015)
Sec. 19-2.1. In-person absentee voting in the office of the municipal, township, or road district clerks. At the consolidated primary, general primary,
consolidated, and general elections, electors entitled
to vote
by absentee ballot under the provisions of Section 19-1
may vote in person at the office of the municipal clerk, if the elector
is a resident of a municipality not having a board of election commissioners,
or at the office of the township clerk or, in counties not under township
organization, at the office of the road district clerk if the elector is
not a resident of a municipality; provided, in each case that the municipal,
township or road district clerk, as the case may be, is authorized to conduct
in-person absentee voting pursuant to this Section. Absentee voting in such
municipal and township clerk's offices under this Section shall be
conducted from the 22nd day through the day before the election.
Municipal and township clerks (or road district clerks) who have regularly
scheduled working hours at regularly designated offices other than a place
of residence and whose offices are open for business during the same hours
as the office of the election authority shall conduct in-person absentee
voting for said elections. Municipal and township clerks (or road district
clerks) who have no regularly scheduled working hours but who have regularly
designated offices other than a place of residence shall conduct in-person
absentee voting for said elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on Saturdays, but not during such hours as the office of the election
authority is closed, unless the clerk files a written waiver with the
election authority not later than July 1 of each year stating that he or
she is unable to conduct such voting and the reasons therefor. Such clerks
who conduct in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's office is
open. Municipal and township clerks (or
road district clerks) who have no regularly scheduled office hours and no
regularly designated offices other than a place of residence may not conduct
in-person absentee voting for said elections. The election authority may
devise alternative methods for in-person absentee voting before said elections
for those precincts located within the territorial area of a municipality
or township (or road district) wherein the clerk of such municipality or
township (or road district) has waived or is not entitled to conduct such
voting.
In addition, electors may vote by absentee ballot under the provisions of
Section 19-1 at the office of the election authority having jurisdiction
over their residence. Unless specifically authorized by the election authority, municipal,
township, and road district clerks shall not conduct in-person absentee
voting. No less than 45 days
before the date of an election, the election authority shall notify the
municipal, township, and road district clerks within its jurisdiction if
they are to conduct in-person absentee voting. Election authorities, however, may conduct in-person absentee voting in one or more designated
appropriate public buildings from the fourth
day before the election through
the day before the election.
In conducting in-person absentee voting under this Section, the respective
clerks shall be required to verify the signature of the absentee
voter by comparison with the signature on the official registration
record card. The clerk also shall reasonably ascertain the identity
of such applicant, shall verify that each such applicant is a registered
voter, and shall verify the precinct in which he or she is registered
and the proper ballots of the political subdivisions in which the
applicant resides and is entitled to vote, prior to providing any
absentee ballot to such applicant. The clerk shall verify the
applicant's registration and from the most recent poll list provided by
the county clerk, and if the applicant is not listed on that poll list
then by telephoning the office of the county clerk.
Within one day after a voter casts an in-person absentee ballot, the appropriate election authority shall transmit by electronic means pursuant to a process established by the State Board of Elections the voter's name, street address, e-mail address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees.
Absentee voting procedures in the office of the municipal, township
and road district clerks shall be subject to all of the applicable
provisions of this Article 19.
Pollwatchers may be appointed to observe in-person absentee voting
procedures and view all reasonably requested records relating to the conduct of the election, provided the secrecy of the ballot is not impinged, at the office of the municipal, township or road district
clerks' offices where such absentee voting is conducted. Such pollwatchers
shall qualify and be appointed in the same manner as provided in Sections
7-34 and 17-23, except each candidate, political party or
organization of citizens may appoint only one pollwatcher for each location
where in-person absentee voting is conducted. Pollwatchers must
be registered to vote in Illinois and possess
valid pollwatcher credentials.
All requirements in this Article
applicable to election authorities shall apply to the respective local
clerks, except where inconsistent with this Section.
The sealed absentee ballots in their carrier envelope shall be
delivered by the respective clerks, or by the election authority on behalf of
a clerk if the clerk and the election
authority agree, to the election authority's central ballot counting location
before the close of the polls on the day of the general primary,
consolidated primary, consolidated, or general election.
Not more than 23 days before the general and consolidated
elections, the county clerk shall make available to those
municipal, township and road district clerks conducting in-person absentee
voting within such county, a sufficient
number of applications, absentee ballots, envelopes, and printed voting
instruction slips for use by absentee voters in the offices of such
clerks. The respective clerks shall receipt for all ballots received,
shall return all unused or spoiled ballots to the county clerk on the
day of the election and shall strictly account for all ballots received.
The ballots delivered to the respective clerks shall include absentee
ballots for each precinct in the municipality, township or road
district, or shall include such separate ballots for each political
subdivision conducting an election of officers or a referendum on that
election day as will permit any resident of the municipality, township
or road district to vote absentee in the office of the proper clerk.
The clerks of all municipalities, townships and road districts may
distribute applications for absentee ballot for the use of voters who
wish to mail such applications to the appropriate election authority. Any person may produce, reproduce, distribute, or return to an election authority the application for absentee ballot. Upon receipt, the appropriate election authority shall accept and promptly process any application for absentee ballot.
(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13. Repealed by P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
(Section scheduled to be repealed on June 1, 2015)
Sec. 19-2.2. (a) During the period beginning on the 40th day preceding
an election and continuing through the day preceding such election, no
advertising pertaining to any candidate or proposition to be voted upon
shall be displayed in or within 100 feet of any room used by voters
pursuant to this Article, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place; nor shall any person engage in electioneering
in or within 100 feet of any such room, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place. Any person who violates this
Section may be punished as for contempt of court.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place, which shall be
known as the polling room. If
the polling room is located within a building that is a private business, a public or private
school, or a church or other organization founded for the purpose of religious
worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
The area on polling place property beyond the campaign free zone,
whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day.
(c) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (b) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04. Repealed by P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-3. The
application for absentee ballot shall be substantially in the
following form:
APPLICATION FOR ABSENTEE BALLOT To be voted at the .... election in the County of .... and State of
Illinois, in the .... precinct of the (1) *township of .... (2) *City of
.... or (3) *.... ward in the City of .... 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 .... month(s)
last past; that I am lawfully entitled to vote in such precinct at the
.... election to be held therein on ....; and that I wish to vote by absentee ballot. I hereby make application for an official ballot or ballots to be
voted by me at such election, and I agree that I shall return such ballot or ballots to the
official issuing the same prior to the closing of the polls on the date
of the election or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day. I understand that this application is made for an official absentee ballot or ballots to be voted by me at the election specified in this application and that I must submit a separate application for an official absentee ballot or ballots to be voted by me at any subsequent election. 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 application are true and correct. .... *fill in either (1), (2) or (3). Post office address to which ballot is mailed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
However, if application is made for a primary election ballot, such
application shall require the applicant to designate the name of the political party with which
the applicant is affiliated. If application is made electronically, the applicant shall mark the box associated with the above described statement included as part of the online application certifying that the statements set forth in this application are true and correct, and a signature is not required. Any person may produce, reproduce, distribute, or return to an election authority the application for absentee ballot. Upon receipt, the appropriate election authority shall accept and promptly process any application for absentee ballot submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant. (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) (Text of Section after amendment by P.A. 98-1171 ) Sec. 19-3. The
application for vote by mail ballot shall be substantially in the
following form: APPLICATION FOR VOTE BY MAIL BALLOT To be voted at the .... election in the County of .... and State of
Illinois, in the .... precinct of the (1) *township of .... (2) *City of
.... or (3) *.... ward in the City of .... 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 .... month(s)
last past; that I am lawfully entitled to vote in such precinct at the
.... election to be held therein on ....; and that I wish to vote by vote by mail ballot. I hereby make application for an official ballot or ballots to be
voted by me at such election, and I agree that I shall return such ballot or ballots to the
official issuing the same prior to the closing of the polls on the date
of the election or, if returned by mail, postmarked no later than midnight preceding election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day. I understand that this application is made for an official vote by mail ballot or ballots to be voted by me at the election specified in this application and that I must submit a separate application for an official vote by mail ballot or ballots to be voted by me at any subsequent election. 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 application are true and correct. .... *fill in either (1), (2) or (3). Post office address to which ballot is mailed: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
However, if application is made for a primary election ballot, such
application shall require the applicant to designate the name of the political party with which
the applicant is affiliated. If application is made electronically, the applicant shall mark the box associated with the above described statement included as part of the online application certifying that the statements set forth in this application are true and correct, and a signature is not required. Any person may produce, reproduce, distribute, or return to an election authority the application for vote by mail ballot. Upon receipt, the appropriate election authority shall accept and promptly process any application for vote by mail ballot submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant. (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.) |
(10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-4. Mailing or delivery of ballots; time. Immediately upon
the receipt of such application either by mail or electronic means, 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, including a verification of the applicant's signature by comparison with the signature on the official registration record card, and if found so to be entitled to vote, 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. Within one
day after posting the name and other information of an applicant for
an absentee ballot, the election authority shall transmit by electronic means pursuant to a process established by the State Board of Elections that name and other
posted information to the State Board of Elections, which shall maintain those
names and other information in an electronic format on its website, arranged by
county and accessible to State and local political committees. Within 2
business days after posting a name and other information on the list within
its
office, the election authority shall 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 or electronic means 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, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community 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. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-4. Mailing or delivery of ballots; time. Immediately upon
the receipt of such application either by mail or electronic means, not more than 90 days
nor less than 5 days prior to such election, or by personal delivery not
more than 90 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, including a verification of the applicant's signature by comparison with the signature on the official registration record card, and if found so to be entitled to vote, 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. Within one
day after posting the name and other information of an applicant for a vote by mail
ballot, the election authority shall transmit by electronic means pursuant to a process established by the State Board of Elections that name and other
posted information to the State Board of Elections, which shall maintain those
names and other information in an electronic format on its website, arranged by
county and accessible to State and local political committees. Within 2
business days after posting a name and other information on the list within
its
office, but no sooner than 40 days before an election, the election authority shall 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, vote by mail 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 vote by mail 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, informing the vote by mail voter of the required postage for returning the application and ballot, and
enumerating
the circumstances under which a person is authorized to vote by vote by mail
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 a vote by mail 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 vote by mail ballots to such authority, and the name of such vote by mail voter shall be added to such list
within one business day from receipt of such ballot.
If the vote by mail 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 vote by mail 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 vote by mail
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 or electronic means for vote by mail 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, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community 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 vote by mail 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. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
(Text of Section before amendment by P.A. 98-1171 )
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
a printed certification in substantially the
following form:
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; and that I am lawfully entitled to vote in such precinct at the
.... election to be held on .....
*fill in either (1), (2) or (3).
I further state that I personally marked the enclosed ballot in secret.
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.
.......................
If the ballot is to go to an elector who is physically incapacitated and needs assistance marking the ballot,
the envelope shall bear upon the back thereof a certification in
substantially the following form:
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 am physically incapable
of personally marking the ballot for
such election.
*fill in either (1), (2) or (3).
I further state that I marked the enclosed ballot in secret with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
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.
.......................
In the case of a voter with a 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.
In the case of a physically incapacitated voter, 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.
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.
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
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."
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.
(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
(Text of Section after amendment by P.A. 98-1171 ) 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
a printed certification in substantially the
following form:
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; and that I am lawfully entitled to vote in such precinct at the
.... election to be held on .....
*fill in either (1), (2) or (3).
I further state that I personally marked the enclosed ballot in secret.
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.
.......................
If the ballot is to go to an elector who is physically incapacitated and needs assistance marking the ballot,
the envelope shall bear upon the back thereof a certification in
substantially the following form:
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 am physically incapable
of personally marking the ballot for
such election.
*fill in either (1), (2) or (3).
I further state that I marked the enclosed ballot in secret with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
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.
.......................
In the case of a voter with a 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.
In the case of a physically incapacitated voter, 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.
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.
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 vote by mail ballot envelope, you are attesting that you
personally marked this vote by mail ballot in secret. If you are physically
unable to mark the ballot, a friend or relative may assist you after
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."
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.
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-6.
Such absent voter shall make and subscribe to the
certifications provided for in the application and on the return
envelope for the ballot, and such ballot or ballots shall be folded by
such voter in the manner required to be folded before depositing the
same in the ballot box, and be deposited in such envelope and the
envelope securely sealed. The voter shall then endorse his certificate
upon the back of the envelope and the envelope shall be mailed in person by
such voter, postage prepaid, to the election authority issuing the ballot or,
if more convenient, it may be delivered in person, by either the voter or
by a spouse, parent, child, brother or sister of the voter, or by a company
licensed as a motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law,
which is engaged in the business of making deliveries.
It shall be unlawful for any person not the voter, his or her spouse,
parent, child, brother, or sister,
or a representative of a company engaged in the business of making
deliveries to the election authority
to take the ballot and ballot envelope of a
voter for deposit into the mail unless the ballot has been issued pursuant to
application by a physically incapacitated elector under Section
3-3 or a hospitalized voter under Section 19-13, in which case any
employee or person under the direction of the facility in which the elector or
voter is located may deposit the ballot and ballot envelope into the mail.
If an absentee
voter gives his ballot and ballot envelope to a spouse, parent, child,
brother or sister of the voter or to a company which is engaged in the
business of making deliveries for delivery to the election authority, the
voter shall give an authorization form to the person making the delivery.
The person making the delivery shall present the authorization to the
election authority. The authorization shall be in substantially the following
form:
I ............ (absentee voter) authorize ............... to take my ballot
to the office of the election authority.
....................... ........................
Date Signature of voter
....................... ........................
Hour Address
....................... ........................
Date Signature of Authorized
Individual
....................... ........................
Hour Relationship (if any)
(Source: P.A. 89-653, eff. 8-14-96 .)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-6.
Such vote by mail voter shall make and subscribe to the
certifications provided for in the application and on the return
envelope for the ballot, and such ballot or ballots shall be folded by
such voter in the manner required to be folded before depositing the
same in the ballot box, and be deposited in such envelope and the
envelope securely sealed. The voter shall then endorse his certificate
upon the back of the envelope and the envelope shall be mailed in person by
such voter, postage prepaid, to the election authority issuing the ballot or,
if more convenient, it may be delivered in person, by either the voter or
by any person authorized by the voter, or by a company
licensed as a motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law,
which is engaged in the business of making deliveries.
It shall be unlawful for any person not the voter or a person authorized by the voter
to take the ballot and ballot envelope of a
voter for deposit into the mail unless the ballot has been issued pursuant to
application by a physically incapacitated elector under Section
3-3 or a hospitalized voter under Section 19-13, in which case any
employee or person under the direction of the facility in which the elector or
voter is located may deposit the ballot and ballot envelope into the mail. If the voter authorized a person to deliver the ballot to the election authority, the voter and the person authorized to deliver the ballot shall complete the authorization printed on the exterior envelope supplied by an election authority for the return of the vote by mail ballot. The exterior of the envelope supplied by an election authority for the return of the vote by mail ballot shall include an authorization in substantially the following form:
I ............ (voter) authorize ............... to take the necessary steps to have this ballot delivered promptly to the office of the election authority.
....................... ........................
Date Signature of voter
...............................................
Printed Name of Authorized Delivery Agent
...............................................
Signature of Authorized Delivery Agency
...............................................
Date Delivered to the Election Authority
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-7.
(a) Upon receipt of such absent voter's ballot, the election
authority shall forthwith enclose the same unopened, together with the
application made by said absent voter in a large or carrier envelope
which shall be securely sealed and endorsed with the name and official
title of such officer and the words, "This envelope contains an absent
voter's ballot and must be opened on election day," together with the number and
description of the precinct in which said ballot is to be voted, and
such officer shall thereafter safely keep the same in his office until
counted by him as provided in the next section.
(b) Within one day after receipt of such absent voter's ballot, the election authority shall transmit, by electronic means pursuant to a process established by the State Board of Elections, the voter's name, street address, e-mail address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees.
(Source: P.A. 98-115, eff. 7-29-13.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-7.
(a) Upon receipt of such vote by mail voter's ballot, the election
authority shall forthwith enclose the same unopened, together with the
application made by said vote by mail voter in a large or carrier envelope
which shall be securely sealed and endorsed with the name and official
title of such officer and the words, "This envelope contains a vote by mail ballot and must be opened on election day," together with the number and
description of the precinct in which said ballot is to be voted, and
such officer shall thereafter safely keep the same in his office until
counted by him as provided in the next section.
(b) Within one day after receipt of such vote by mail voter's ballot, the election authority shall transmit, by electronic means pursuant to a process established by the State Board of Elections, the voter's name, street address, e-mail address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees.
(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each absent voter's ballot returned to an election authority, by any means authorized by this Article, and received by that election authority before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted in the central ballot counting location of the election authority on the day of the election after 7:00 p.m., except as provided in subsections (g) and (g-5).
(c) Each absent voter's ballot that is mailed to an election authority and postmarked by the midnight preceding the opening of the polls on election day, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the period for counting provisional ballots.
Each absent voter's ballot that is mailed to an election authority absent a postmark, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt, opened to inspect the date inserted on the certification, and, if the certification date is a date preceding the election day and the ballot is otherwise found to be valid under the requirements of this Section, counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Absent a date on the certification, the ballot shall not be counted.
(d) Special write-in absentee voter's blank ballots returned to an election authority, by any means authorized by this Article, and received by the election authority at any time before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same period provided for counting absent voters' ballots under subsections (b), (g), and (g-5). Special write-in absentee voter's blank ballots that are mailed to an election authority and postmarked by the midnight preceding the opening of the polls on election day, but that are received by the election authority after the polls close on election day and before the closing of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same periods provided for counting absent voters' ballots under subsection (c).
(e) Except as otherwise provided in this Section, absent voters' ballots and special write-in absentee voter's blank ballots received by the election authority after the closing of the polls on an
election day shall be endorsed by the election authority receiving them
with the day and hour of receipt and shall be safely kept unopened by the
election authority for the period of time required for the preservation of
ballots used at the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.
(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted
by a panel or panels of election judges appointed in the manner provided
by law. The counting shall continue until all absent voters' ballots and special write-in absentee voter's blank ballots required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and
18 of this Code shall apply to all ballots counted under
this Section. In addition, within 2 days after an absentee ballot, other than an in-person absentee ballot, is received, but in all cases before the close of the period for counting provisional ballots, the election judge or official shall compare the voter's signature on the certification envelope of that absentee ballot with the signature of the voter on file in the office of the election authority. If the election judge or official determines that the 2 signatures match, and that the absentee voter is otherwise qualified to cast an absentee ballot, the election authority shall cast and count the ballot on election day or the day the ballot is determined to be valid, whichever is later, adding the results to the precinct in which the voter is registered. If the election judge or official determines that the signatures do not match, or that the absentee voter is not qualified to cast an absentee ballot, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.
In addition to the voter's signatures not matching, an absentee ballot may be rejected by the election judge or official:
(1) if the ballot envelope is open or has been opened
| | (2) if the voter has already cast an early or grace
| | (3) if the voter voted in person on election day or
| | the voter is not a duly registered voter in the precinct; or
|
| (4) on any other basis set forth in this Code.
If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.
(g-5) If an absentee ballot, other than an in-person absentee ballot, is rejected by the election judge or official for any reason, the election authority shall, within 2 days after the rejection but in all cases before the close of the period for counting provisional ballots, notify the absentee voter that his or her ballot was rejected. The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. The election authority shall appoint a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the absentee voter. No more than 2 election judges on the reviewing panel shall be of the same political party. The reviewing panel of election judges shall make a final determination as to the validity of the contested absentee ballot. The judges' determination shall not be reviewable either administratively or judicially.
An absentee ballot subject to this subsection that is determined to be valid shall be counted before the close of the period for counting provisional ballots.
(g-10) All absentee ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned.
(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each vote by mail voter's ballot returned to an election authority, by any means authorized by this Article, and received by that election authority before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and may be processed by the election authority beginning on the 15th day before election day in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as provided in subsections (g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an election authority and postmarked no later than election day, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the period for counting provisional ballots.
Each vote by mail voter's ballot that is mailed to an election authority absent a postmark, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt, opened to inspect the date inserted on the certification, and, if the certification date is a date preceding the election day and the ballot is otherwise found to be valid under the requirements of this Section, counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Absent a date on the certification, the ballot shall not be counted.
(d) Special write-in vote by mail voter's blank ballots returned to an election authority, by any means authorized by this Article, and received by the election authority at any time before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same period provided for counting vote by mail voters' ballots under subsections (b), (g), and (g-5). Special write-in vote by mail voter's blank ballots that are mailed to an election authority and postmarked no later than election day, but that are received by the election authority after the polls close on election day and before the closing of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same periods provided for counting vote by mail voters' ballots under subsection (c).
(e) Except as otherwise provided in this Section, vote by mail voters' ballots and special write-in vote by mail voter's blank ballots received by the election authority after the closing of the polls on an
election day shall be endorsed by the election authority receiving them
with the day and hour of receipt and shall be safely kept unopened by the
election authority for the period of time required for the preservation of
ballots used at the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.
(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted
by a panel or panels of election judges appointed in the manner provided
by law. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and
18 of this Code shall apply to all ballots counted under
this Section. In addition, within 2 days after a vote by mail ballot is received, but in all cases before the close of the period for counting provisional ballots, the election judge or official shall compare the voter's signature on the certification envelope of that vote by mail ballot with the signature of the voter on file in the office of the election authority. If the election judge or official determines that the 2 signatures match, and that the vote by mail voter is otherwise qualified to cast a vote by mail ballot, the election authority shall cast and count the ballot on election day or the day the ballot is determined to be valid, whichever is later, adding the results to the precinct in which the voter is registered. If the election judge or official determines that the signatures do not match, or that the vote by mail voter is not qualified to cast a vote by mail ballot, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.
In addition to the voter's signatures not matching, a vote by mail ballot may be rejected by the election judge or official:
(1) if the ballot envelope is open or has been opened
| | (2) if the voter has already cast an early or grace
| | (3) if the voter voted in person on election day or
| | the voter is not a duly registered voter in the precinct; or
|
| (4) on any other basis set forth in this Code.
If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot.
(g-5) If a vote by mail ballot is rejected by the election judge or official for any reason, the election authority shall, within 2 days after the rejection but in all cases before the close of the period for counting provisional ballots, notify the vote by mail voter that his or her ballot was rejected. The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. The election authority shall appoint a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the vote by mail voter. No more than 2 election judges on the reviewing panel shall be of the same political party. The reviewing panel of election judges shall make a final determination as to the validity of the contested vote by mail ballot. The judges' determination shall not be reviewable either administratively or judicially.
A vote by mail ballot subject to this subsection that is determined to be valid shall be counted before the close of the period for counting provisional ballots.
(g-10) All vote by mail ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-9)
Sec. 19-9. (Repealed).
(Source: P.A. 87-1052. Repealed by P.A. 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-10. Pollwatchers may be appointed to observe in-person absentee
voting procedures and view all reasonably requested records relating to the conduct of the election, provided the secrecy of the ballot is not impinged, at the office of the election authority as well as at
municipal, township or road district clerks' offices where such absentee
voting is conducted. Such pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except each
candidate, political party or organization of citizens may appoint only one
pollwatcher for each location where in-person absentee voting is conducted.
Pollwatchers must be registered to vote in Illinois and possess valid
pollwatcher credentials.
In the polling place on election day, pollwatchers shall be permitted
to be present during the casting of the absent voters' ballots and the vote
of any absent voter may be challenged for cause the same as if he were
present and voted in person, and the judges of the election or a majority
thereof shall have power and authority to hear and determine the legality
of such ballot; Provided, however, that if a challenge to any absent
voter's right to vote is sustained, notice of the same must be given by the
judges of election by mail addressed to the voter's place of residence.
Where certain absent voters' ballots are counted on the day of the election
in the office of the election authority as provided in Section 19-8 of this
Act, each political party, candidate and qualified civic organization shall
be entitled to have present one pollwatcher for each panel of election judges
therein assigned. Such pollwatchers shall be subject to the same provisions
as are provided for pollwatchers in Sections 7-34 and 17-23 of this Code,
and shall be permitted to observe the election judges making the signature
comparison between that which is on the ballot envelope and that which is
on the permanent voter registration record card taken from the master file.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-10. Pollwatchers may be appointed to observe early
voting procedures and view all reasonably requested records relating to the conduct of the election, provided the secrecy of the ballot is not impinged, at the office of the election authority as well as at
municipal, township or road district clerks' offices where such early
voting is conducted. Such pollwatchers shall qualify and be appointed in
the same manner as provided in Sections 7-34 and 17-23, except each
candidate, political party or organization of citizens may appoint only one
pollwatcher for each location where early voting is conducted.
Pollwatchers must be registered to vote in Illinois and possess valid
pollwatcher credentials.
Where certain vote by mail voters' ballots are counted on the day of the election
in the office of the election authority as provided in Section 19-8 of this
Act, each political party, candidate and qualified civic organization shall
be entitled to have present one pollwatcher for each panel of election judges
therein assigned. Such pollwatchers shall be subject to the same provisions
as are provided for pollwatchers in Sections 7-34 and 17-23 of this Code,
and shall be permitted to observe the election judges making the signature
comparison between that which is on the ballot envelope and that which is
on the permanent voter registration record card taken from the master file.
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-11) (from Ch. 46, par. 19-11)
Sec. 19-11.
Whenever it shall be made to appear by due proof to the judges
of election that any elector who has marked and forwarded his ballot as
provided in this article has died prior to the opening of the polls on the
date of the election, then the ballot of such deceased voter shall be
returned by the judges of election in the same manner as provided for
rejected ballots above; but the casting of the ballot of a deceased voter
shall not invalidate the election.
(Source: Laws 1943, vol. 2, p. 1.)
|
(10 ILCS 5/19-12) (from Ch. 46, par. 19-12)
Sec. 19-12.
In all jurisdictions in which
voting machines are used, all the provisions of this Act and not
inconsistent with the provisions of this article relating to the
furnishing of ballot boxes, printing and furnishing official ballots and
supplies in such number as provided by law, the canvassing of the
ballots and making the proper return of the result of the election,
shall, to the extent necessary to make this article effective, apply
with full force and effect; Provided, however, that the number of
ballots to be printed shall be in the discretion of the respective election authority.
(Source: P.A. 80-1469.)
|
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-12.1.
Any qualified elector who has secured an Illinois
Person with a Disability Identification Card in accordance with the Illinois
Identification Card Act, indicating that the person named thereon has a Class
1A or Class 2 disability or any qualified voter who has a permanent physical
incapacity of such a nature as to make it improbable that he will be
able to be present at the polls at any future election, or any
voter who is a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act and has a condition or disability of
such a nature as to make it improbable that he will be able to be present
at the polls at any future election, may secure a disabled voter's or
nursing home resident's identification card, which will enable him to vote
under this Article as a physically incapacitated or nursing home voter. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center.
Application for a disabled voter's or nursing home resident's
identification card shall be made either: (a) in writing, with voter's
sworn affidavit, to the county clerk or board of election commissioners, as
the case may be, and shall be accompanied
by the affidavit of the attending physician specifically describing the
nature of the physical incapacity or the fact that the voter is a nursing
home resident and is physically unable to be present at the polls on election
days; or (b) by presenting, in writing or otherwise, to the county clerk
or board of election commissioners, as the case may be, proof that the
applicant has secured an Illinois Person with a Disability Identification Card
indicating that the person named thereon has a Class 1A or Class 2 disability.
Upon the receipt of either the sworn-to
application and the physician's affidavit or proof that the applicant has
secured an Illinois Person with a Disability Identification Card indicating that the
person named thereon has a Class 1A or Class 2 disability, the county clerk
or board of election commissioners shall issue a disabled voter's or
nursing home resident's identification
card. Such identification cards shall be issued for a
period of 5 years, upon the expiration of which time the voter may
secure a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by a new
affidavit of the attending physician. The date of expiration of such
five-year period shall be made known to any interested person by the
election authority upon the request of such person. Applications for the
renewal of the identification cards shall be mailed to the voters holding
such cards not less than 3 months prior to the date of expiration of the cards.
Each disabled voter's or nursing home resident's identification card
shall bear an identification number, which shall be clearly noted on the voter's
original and duplicate registration record cards. In the event the
holder becomes physically capable of resuming normal voting, he must
surrender his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners before the next election.
The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an official ballot
within the time prescribed by Section 19-2. Such application shall contain
the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it shall
also include the applicant's disabled voter's identification card number
and except that it need not be sworn to. If an examination of the records
discloses that the applicant is lawfully entitled to vote, he shall be
mailed a ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically disabled
voters, and the manner of voting and returning the ballot shall be the
same as that provided in this Article for other absentee ballots, except
that a statement to be subscribed to by the voter but which need not be
sworn to shall be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a Class A
misdemeanor.
For the purposes of this Section, "nursing home resident" includes a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed under the ID/DD Community Care Act or the Specialized Mental Health Rehabilitation Act of 2013. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-12.1.
Any qualified elector who has secured an Illinois
Person with a Disability Identification Card in accordance with the Illinois
Identification Card Act, indicating that the person named thereon has a Class
1A or Class 2 disability or any qualified voter who has a permanent physical
incapacity of such a nature as to make it improbable that he will be
able to be present at the polls at any future election, or any
voter who is a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act and has a condition or disability of
such a nature as to make it improbable that he will be able to be present
at the polls at any future election, may secure a disabled voter's or
nursing home resident's identification card, which will enable him to vote
under this Article as a physically incapacitated or nursing home voter. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center.
Application for a disabled voter's or nursing home resident's
identification card shall be made either: (a) in writing, with voter's
sworn affidavit, to the county clerk or board of election commissioners, as
the case may be, and shall be accompanied
by the affidavit of the attending physician specifically describing the
nature of the physical incapacity or the fact that the voter is a nursing
home resident and is physically unable to be present at the polls on election
days; or (b) by presenting, in writing or otherwise, to the county clerk
or board of election commissioners, as the case may be, proof that the
applicant has secured an Illinois Person with a Disability Identification Card
indicating that the person named thereon has a Class 1A or Class 2 disability.
Upon the receipt of either the sworn-to
application and the physician's affidavit or proof that the applicant has
secured an Illinois Person with a Disability Identification Card indicating that the
person named thereon has a Class 1A or Class 2 disability, the county clerk
or board of election commissioners shall issue a disabled voter's or
nursing home resident's identification
card. Such identification cards shall be issued for a
period of 5 years, upon the expiration of which time the voter may
secure a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by a new
affidavit of the attending physician. The date of expiration of such
five-year period shall be made known to any interested person by the
election authority upon the request of such person. Applications for the
renewal of the identification cards shall be mailed to the voters holding
such cards not less than 3 months prior to the date of expiration of the cards.
Each disabled voter's or nursing home resident's identification card
shall bear an identification number, which shall be clearly noted on the voter's
original and duplicate registration record cards. In the event the
holder becomes physically capable of resuming normal voting, he must
surrender his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners before the next election.
The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an official ballot
within the time prescribed by Section 19-2. Such application shall contain
the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it shall
also include the applicant's disabled voter's identification card number
and except that it need not be sworn to. If an examination of the records
discloses that the applicant is lawfully entitled to vote, he shall be
mailed a ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically disabled
voters, and the manner of voting and returning the ballot shall be the
same as that provided in this Article for other vote by mail ballots, except
that a statement to be subscribed to by the voter but which need not be
sworn to shall be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a Class A
misdemeanor.
For the purposes of this Section, "nursing home resident" includes a resident of (i) a federally operated veterans' home, hospital, or facility located in Illinois or (ii) a facility licensed under the ID/DD Community Care Act or the Specialized Mental Health Rehabilitation Act of 2013. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-12.2. Voting by physically incapacitated electors who have made
proper application to the election authority not later than 5 days before
the regular primary and general election of 1980 and before each election
thereafter shall be conducted on the premises of (i) federally operated veterans' homes, hospitals, and facilities located in Illinois or (ii) facilities licensed or
certified pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act for the sole benefit of
residents of such homes, hospitals, and facilities. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center. Such voting shall be conducted during any
continuous period sufficient to allow all applicants to cast their ballots
between the hours of 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or Monday immediately preceding the regular election. This absentee voting on
one of said days designated by the election authority shall be supervised by
two election judges who must be selected by the election authority in the
following order of priority: (1) from the panel of judges appointed for the
precinct in which such home, hospital, or facility is located, or from a panel of judges appointed
for any other precinct within the jurisdiction of the election authority in the
same ward or township, as the case may be, in which the home, hospital, or facility is located or,
only in the case where a judge or judges from the precinct, township or ward
are unavailable to serve, (3) from a panel of judges appointed for any other
precinct within the jurisdiction of the election authority. The two judges
shall be from different political parties. Not less than 30 days before each
regular election, the election authority shall have arranged with the chief
administrative officer of each home, hospital, or facility in his or its election jurisdiction a
mutually convenient time period on the Friday, Saturday, Sunday or Monday
immediately preceding the election for such voting on the premises of the home, hospital, or
facility and shall post in a prominent place in his or its office a notice of
the agreed day and time period for conducting such voting at each home, hospital, or facility;
provided that the election authority shall not later than noon on the Thursday
before the election also post the names and addresses of those homes, hospitals, and facilities from
which no applications were received and in which no supervised absentee voting
will be conducted. All provisions of this Code applicable to pollwatchers
shall be applicable herein. To the maximum extent feasible, voting booths or
screens shall be provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that ballots shall be
treated as absentee ballots and shall not be counted until the close of the
polls on the following day. After the last voter has concluded voting, the
judges shall seal the ballots in an envelope and affix their signatures across
the flap of the envelope. Immediately thereafter, the judges
shall bring the sealed envelope to the office of the election authority
who shall deliver such ballots to the election authority's central ballot counting location prior to
the closing of the polls on the day of election. The judges of election shall
also report to the election authority the name of any applicant in the home, hospital, or facility
who, due to unforeseen circumstance or condition or because
of a religious holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff to deliver
the ballot to such applicant on the day of election. This staff person
shall follow the same procedures prescribed for judges conducting absentee
voting in such homes, hospitals, or facilities and shall return the ballot to the central ballot counting location before the polls close. However, if the home, hospital, or facility from
which the application was made is also used as a regular precinct polling place
for that voter, voting procedures heretofore prescribed may be implemented by 2
of the election judges of opposite party affiliation assigned to that polling
place during the hours of voting on the day of the election. Judges of election
shall be compensated not less than $25.00 for conducting absentee voting in
such homes, hospitals, or facilities.
Not less than 120 days before each regular election, the Department
of Public Health shall certify to the State Board of Elections a list of
the facilities licensed or certified pursuant to the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act. The lists shall indicate the approved bed capacity and the name of
the chief administrative officer of each such home, hospital, or facility, and the State Board
of Elections shall certify the same to the appropriate election authority
within 20 days thereafter.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-12.2. Voting by physically incapacitated electors who have made
proper application to the election authority not later than 5 days before
the regular primary and general election of 1980 and before each election
thereafter shall be conducted on the premises of (i) federally operated veterans' homes, hospitals, and facilities located in Illinois or (ii) facilities licensed or
certified pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act for the sole benefit of
residents of such homes, hospitals, and facilities. For the purposes of this Section, "federally operated veterans' home, hospital, or facility" means the long-term care facilities at the Jesse Brown VA Medical Center, Illiana Health Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain James A. Lovell Federal Health Care Center. Such voting shall be conducted during any
continuous period sufficient to allow all applicants to cast their ballots
between the hours of 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or Monday immediately preceding the regular election. This vote by mail voting on
one of said days designated by the election authority shall be supervised by
two election judges who must be selected by the election authority in the
following order of priority: (1) from the panel of judges appointed for the
precinct in which such home, hospital, or facility is located, or from a panel of judges appointed
for any other precinct within the jurisdiction of the election authority in the
same ward or township, as the case may be, in which the home, hospital, or facility is located or,
only in the case where a judge or judges from the precinct, township or ward
are unavailable to serve, (3) from a panel of judges appointed for any other
precinct within the jurisdiction of the election authority. The two judges
shall be from different political parties. Not less than 30 days before each
regular election, the election authority shall have arranged with the chief
administrative officer of each home, hospital, or facility in his or its election jurisdiction a
mutually convenient time period on the Friday, Saturday, Sunday or Monday
immediately preceding the election for such voting on the premises of the home, hospital, or
facility and shall post in a prominent place in his or its office a notice of
the agreed day and time period for conducting such voting at each home, hospital, or facility;
provided that the election authority shall not later than noon on the Thursday
before the election also post the names and addresses of those homes, hospitals, and facilities from
which no applications were received and in which no supervised vote by mail voting
will be conducted. All provisions of this Code applicable to pollwatchers
shall be applicable herein. To the maximum extent feasible, voting booths or
screens shall be provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that ballots shall be
treated as vote by mail ballots and shall not be counted until the close of the
polls on the following day. After the last voter has concluded voting, the
judges shall seal the ballots in an envelope and affix their signatures across
the flap of the envelope. Immediately thereafter, the judges
shall bring the sealed envelope to the office of the election authority
who shall deliver such ballots to the election authority's central ballot counting location prior to
the closing of the polls on the day of election. The judges of election shall
also report to the election authority the name of any applicant in the home, hospital, or facility
who, due to unforeseen circumstance or condition or because
of a religious holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff to deliver
the ballot to such applicant on the day of election. This staff person
shall follow the same procedures prescribed for judges conducting vote by mail
voting in such homes, hospitals, or facilities and shall return the ballot to the central ballot counting location before the polls close. However, if the home, hospital, or facility from
which the application was made is also used as a regular precinct polling place
for that voter, voting procedures heretofore prescribed may be implemented by 2
of the election judges of opposite party affiliation assigned to that polling
place during the hours of voting on the day of the election. Judges of election
shall be compensated not less than $25.00 for conducting vote by mail voting in
such homes, hospitals, or facilities.
Not less than 120 days before each regular election, the Department
of Public Health shall certify to the State Board of Elections a list of
the facilities licensed or certified pursuant to the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013, or the ID/DD Community Care Act. The lists shall indicate the approved bed capacity and the name of
the chief administrative officer of each such home, hospital, or facility, and the State Board
of Elections shall certify the same to the appropriate election authority
within 20 days thereafter.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-12.3)
Sec. 19-12.3. (Repealed).
(Source: P.A. 84-917. Repealed by P.A. 96-1003, eff. 7-6-10.)
|
(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
(Text of Section before amendment by P.A. 98-1171 )
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 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.
(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
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.
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.
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; 95-878, eff. 1-1-09.)
(Text of Section after amendment by P.A. 98-1171 )
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 days before an election
shall be entitled to personal delivery of a vote by mail 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.
(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 vote by mail ballot application, completed as prescribed
in paragraph 1, accompanied by the physician's certificate, completed as
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 or her vote by mail 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 vote by mail ballot for delivery
to the applicant.
Upon receipt of the vote by mail ballot, the admitted voter shall mark the
ballot in secret and subscribe to the certifications on the vote by mail 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.
Upon receipt of the admitted voter's vote by mail ballot,
the ballot shall be counted in the manner prescribed in this Article.
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-14) (from Ch. 46, par. 19-14)
Sec. 19-14.
The foregoing sections of this article shall be deemed to
provide a method of voting in addition to the method otherwise provided in
this Act.
(Source: Laws 1943, vol. 2, p. 1.)
|
(10 ILCS 5/19-15)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-15. Precinct tabulation optical scan technology
voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 19, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents, provided that absentee ballots are counted at the election authority's central ballot counting location. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment, at the central ballot counting location, authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 94-1000, eff. 7-3-06.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-15. Precinct tabulation optical scan technology
voting equipment. If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 19, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents, provided that vote by mail ballots are counted at the election authority's central ballot counting location. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment, at the central ballot counting location, authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 98-1171, eff. 6-1-15.)
|
(10 ILCS 5/19-20)
(Text of Section before amendment by P.A. 98-1171 )
Sec. 19-20. Report on absentee ballots. This Section applies to absentee ballots other than in-person absentee ballots.
On or before the 21st day after an election, each election authority shall transmit to the State Board of Elections the following information with respect to that election:
(1) The number, by precinct, of absentee ballots
| | requested, provided, and counted.
|
| (2) The number of rejected absentee ballots.
(3) The number of voters seeking review of rejected
| | absentee ballots pursuant to subsection (g-5) of Section 19-8.
|
| (4) The number of absentee ballots counted following
| | review pursuant to subsection (g-5) of Section 19-8.
|
| On or before the 28th day after an election, the State Board of Elections shall compile the information received under this Section with respect to that election and make that information available to the public.
(Source: P.A. 94-1000, eff. 7-3-06.)
(Text of Section after amendment by P.A. 98-1171 )
Sec. 19-20. Report on vote by mail ballots. This Section applies to vote by mail ballots.
On or before the 21st day after an election, each election authority shall transmit to the State Board of Elections the following information with respect to that election:
(1) The number, by precinct, of vote by mail ballots
| | requested, provided, and counted.
|
| (2) The number of rejected vote by mail ballots.
(3) The number of voters seeking review of rejected
| | vote by mail ballots pursuant to subsection (g-5) of Section 19-8.
|
| (4) The number of vote by mail ballots counted
| | following review pursuant to subsection (g-5) of Section 19-8.
|
| On or before the 28th day after an election, the State Board of Elections shall compile the information received under this Section with respect to that election and make that information available to the public.
(Source: P.A. 98-1171, eff. 6-1-15.)
|
|