Public Act 094-0557
 		





HB0115 Enrolled
LRB094 04147 JAM 34168 b






    AN ACT concerning elections.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Election Code is amended  by changing 
Sections 19-8 and 20-8 as follows:
 



    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)



    Sec. 19-8. Time and place of counting ballots.
    (a) Each absent voter's  ballot returned to an election 
authority, by any means authorized by this Article, and 
received by that election authority in time to be delivered to 
the polling place of the precinct where the elector resides and 
to be counted by the judges of election at that polling place 
shall be handled in accordance with this subsection.  If
In case 
an absent voter's ballot is received by the
election authority 
prior to the delivery of the official ballots to the
judges of 
election of the precinct where the
in which said elector 
resides, then the absent voter's
such
ballot envelope and 
application, sealed in the carrier envelope, shall
be enclosed 
in the same
such package with the official ballots and 
therewith delivered to the judges of
that
such precinct. If
In 
case the official ballots for that
such precinct have already 
been
delivered to the judges of election when
at the time of 
the receipt by the
election authority receives the
of such 
absent voter's ballot, then the
such authority shall

immediately enclose the
said envelope containing the absent 
voter's ballot,
together with the voter's
his application 
therefor, in a larger or carrier envelope
which shall be 
securely sealed and addressed on the face to the judges
of 
election, giving the name or number of precinct, street and 
number of
polling place, city or town in which the
such absent 
voter is a qualified
elector, and the words "This envelope 
contains an absent voter's ballot
and must be opened only on 
election day at the polls immediately after
the polls are 
closed,". The election authority shall mail the ballot
mailing 
the same, postage prepaid, to the
such
judges of election, or 
if more convenient, the election authority
such officer may 
deliver the
such
absent voter's ballot to the judges of 
election in person or by duly
deputized agent, the authority

said officer to secure a
his receipt for delivery of the
such

ballot or ballots. An absent voter's ballot delivered in error 
to the wrong precinct polling place shall be returned to the 
election authority and counted as provided in subsection (b).
    (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 but too late to be delivered to and 
counted at the proper precinct polling place shall be endorsed 
by the receiving election authority with the day and hour of 
receipt and shall be counted in the office of the election 
authority on the day of the election after 7:00 p.m.
    (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 office of the election authority during the 
period for counting provisional ballots.
    (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 office of the 
election authority during the same period  provided for counting 
absent voters' ballots under subsection (b). 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 office 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

Absent voters' ballots and special write-in absentee voter's 
blank ballots received by
returned by absentee
voters to the 
election authority after the closing of the polls on an

election day shall be endorsed by the election authority 
receiving them
the same
with the day and hour of receipt and 
shall be safely kept unopened by the
such
election authority 
for the period of time required for the preservation of
ballots 
used at the
such election, and shall then, without being 
opened, be
destroyed in like manner as the used ballots of that

such election.

    All absent voters' ballots received by the election 
authority after 12:00
noon on election day or too late for 
delivery to the proper polling place
before the closing of the 
polls on election day, and Special Write-In
Absentee Voter's 
Blank Ballots, except ballots returned
by mail postmarked after 
midnight preceding the opening of the polls on
election day, 
shall be endorsed by the election authority receiving the
same 
with the day and hour of receipt and shall be counted in the 
office
of the election authority on the day of the election 
after 7:00 p.m.  All
absent voters' ballots delivered in error 
to the wrong precinct polling
place shall be returned to the 
election authority and counted under this
provision; however, 
all absentee ballots received by the election authority
by the 
close of absentee voting in the office of the election 
authority on
the day preceding the day of election shall be 
delivered to the proper
precinct polling places in time to be 
counted by the judges of election.

    (f) Counting required under this Section to begin on 
election day after the closing of the polls
Such counting 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
Such counting shall continue until all 
absent voters' ballots and special write-in absentee voter's 
blank ballots required to be counted on election day
received

as aforesaid have been counted.

    (g) The procedures set forth in Section 19-9 of this Act 
and Articles 17 and
18 of this Code, shall apply to all absent 
voters' ballots counted under
this Section
provision, 
including comparing the signature on the ballot envelope
with 
the signature of the voter on the permanent voter registration 
record
card taken from the master file; except that votes shall 
be recorded
without regard to precinct designation, except for 
precinct offices.
    (h)  Where ballots are counted in the office of the election 
authority as provided in this Section, 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. 91-357, eff. 7-29-99.)

 



    (10 ILCS 5/20-8)  (from Ch. 46, par. 20-8)



    Sec. 20-8. Time and place of counting ballots.
    (a) Each absent voter's  ballot returned to an election 
authority, by any means authorized by this Article, and 
received by that election authority in time to be delivered to 
the polling place of the precinct where the absent voter is a 
qualified elector and to be counted by the judges of election 
of that polling place shall be handled in accordance with this 
subsection.  If  the
In case any such ballot is received by the 
election
authority  prior to the delivery of the official 
ballots to the judges
of election of the precinct where the 
absent voter is a qualified
in which said elector resides, then 
the absent voter's
such ballot
envelope and application, sealed 
in the carrier envelope, shall be
enclosed in the same package 
with the other official ballots and
therewith delivered to the 
judges of that
such precinct. If
In case the official
ballots 
for the
such precinct have already been delivered to the judges 
of election
when
at the time of the receipt by the election 
authority receives the
of such absent
voter's ballot, then the 
election authority
it shall immediately enclose the
said 
envelope containing
the absent voter's ballot, together with 
the voter's
his application therefor, in a
larger or carrier 
envelope which shall be securely sealed and addressed
on the 
face to the judges of election, giving the name or number of

precinct, street and number of polling place, city or town in 
which the
such
absent voter is a qualified elector, and the 
words, "This envelope
contains an absent voter's ballot and 
must be opened only on election
day at the polls immediately 
after the polls are closed,". The election authority shall mail 
the ballot
mailing the
same, postage prepaid, to the
such 
judges of election, or if more convenient
then the election 
authority
he or it may deliver the
such absent voter's ballot 
to the judges of
election in person or by duly deputized agent 
and secure a
his receipt for
delivery of the
such ballot or 
ballots. An absent voter's ballot delivered in error to the 
wrong precinct polling place shall be returned to the election 
authority and counted as provided in subsection (b).
    (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 but too late to be delivered to and 
counted at the proper precinct polling place shall be endorsed 
by the receiving election authority with the day and hour of 
receipt and shall be counted in the office of the election 
authority on the day of the election after 7:00 p.m.
    (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 office of the election authority during the 
period for counting provisional ballots.
    (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 office of the 
election authority during the same period  provided for counting 
absent voters' ballots under subsection (b). Special write-in 
absentee voter's blank ballot that are mailed to an election 
authority and postmarked by 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 office 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
Absent voter's ballots postmarked
after 
11:59 p.m. of the day immediately preceding the election 
returned
to the election authority after
too late to be 
delivered to the proper polling
place before the closing of the 
polls on the day of election shall be
endorsed by the person 
receiving the ballots
same 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
such
election, and shall then, without being opened, be 
destroyed in like
manner as the used ballots of that
such 
election.

    All absent voters' ballots received by the election 
authority after 12:00
noon on election day or too late for 
delivery to the proper polling place
before the closing of the 
polls on election day, except ballots returned
by mail 
postmarked after midnight preceding the opening of the polls on

election day, shall be counted in the office of the election 
authority on
the day of the election after 7:00 p.m. All absent 
voters' ballots delivered
in error to the wrong precinct 
polling place shall be returned to the election
authority and 
counted under this provision.

    (f) Counting required under this Section to begin on 
election day after the closing of the polls
Such counting 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
Such counting shall continue until all 
absent voters' ballots and special write-in absentee voter's 
blank ballots required to be counted on election day
received

as aforesaid have been counted.

    (g) The procedures set forth in Section 19-9 of this Act 
and Articles 17 and
18 of this Code, shall apply to all absent 
voters' ballots counted under
this Section
provision; except 
that votes shall be recorded without regard to precinct

designation.

    (h) Where certain absent voters' ballots are counted in the 
office of the
election authority as provided in this Section, 
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. 84-861.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.