SB1744 104TH GENERAL ASSEMBLY

LRB104 09970 SPS 20040 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1744

Introduced 2/5/2025, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

10 ILCS 5/19-2	from Ch. 46, par. 19-2
10 ILCS 5/19-2.3
10 ILCS 5/19-2.5
10 ILCS 5/19-2.6
10 ILCS 5/19-3	from Ch. 46, par. 19-3
10 ILCS 5/19-4	from Ch. 46, par. 19-4
10 ILCS 5/19-5	from Ch. 46, par. 19-5
10 ILCS 5/19-6.5 new
10 ILCS 5/19-12.2	from Ch. 46, par. 19-12.2
10 ILCS 5/19-13	from Ch. 46, par. 19-13

Amends the Election Code. Provides that the State Board of Elections (rather than each election authority) shall process applications for permanent vote by mail status and administer the permanent vote by mail list. Sets forth provisions concerning communications between the State Board of Elections and each election authority. Makes conforming changes.

A BILL FOR

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 19-2, 19-2.3, 19-2.5, 19-2.6, 19-3, 19-4, 19-5, 19-12.2, and 19-13 and by adding Section 19-6.5 as follows:

(10 ILCS 5/19-2) (from Ch. 46, par. 19-2)

Sec. 19-2. Except as otherwise provided in this Code, any elector as defined in Section 19-1 may by mail or electronically on the website of the State Board of Elections 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. Such a ballot shall be delivered to the elector only upon separate application by the elector for each election. Voters who make an application for permanent vote by mail ballot status in accordance with shall follow the procedures specified in Section 19-3 and may apply year round. Voters whose application for permanent vote by mail status is accepted by the State Board of Elections election authority shall remain on the permanent vote by mail list until the voter requests to be removed from permanent vote by mail status, the voter provides notice to the State Board of Elections election authority of a change in registration that affects their registration status, or the State Board of Elections election authority receives confirmation that the voter has subsequently registered to vote in another election authority jurisdiction. The URL address at which voters may electronically request an application to the permanent vote by mail list shall be accessible to voters throughout the year 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.

(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 102-687, eff. 12-17-21; 102-813, eff. 5-13-22.)

(10 ILCS 5/19-2.3)

Sec. 19-2.3. Vote by mail; jails. The State Board of Elections Each election authority in a county with a population under 3,000,000 shall collaborate with the primary county jail in a county with a population under 3,000,000 where eligible voters are confined or detained who are within the jurisdiction of the election authority to facilitate an opportunity for voting by mail for voters eligible to vote in the election jurisdiction who are confined or detained in the county jail.

(Source: P.A. 101-442, eff. 1-1-20.)

(10 ILCS 5/19-2.5)

Sec. 19-2.5. Notice for vote by mail ballot. The State Board of Elections An election authority shall notify all qualified voters, except voters who have applied for permanent vote by mail status under subsection (b) of Section 19-3 or voters who submit a written request to be excluded from the permanent vote by mail status, not more than 90 days nor less than 45 days before a general election of the option for permanent vote by mail status using the following notice and including the application for permanent vote by mail status in subsection (b) of Section 19-3:

"You may apply to permanently be placed on vote by mail status using the attached application.".

(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21; 103-467, eff. 8-4-23.)

(10 ILCS 5/19-2.6)

Sec. 19-2.6. Vote by mail; voters with a print disability.

(a) Definitions. As used in this Section, unless the context otherwise requires:

"Assistive technology" means any equipment, software, or product used to increase, maintain, or improve the functional capabilities of individuals with disabilities, including, but not limited to, screen reading and magnification software, refreshable Braille displays, and speech recognition programs.

"Certified remote accessible vote by mail system" means a process approved by the State Board of Elections through which the State Board of Elections an election authority provides for the electronic transmission of a vote by mail ballot to a voter with a print disability and through which the voter with a print disability marks and verifies the voter's ballot using assistive technology.

"Electronic transmission" means the transfer of data or information through an authorized electronic data interchange system.

"Voter with a print disability" means a person having a temporary or permanent physical or mental impairment, such as blindness, low vision, physical dexterity limitations, or learning or cognitive disabilities, that prevents the person from effective reading, writing, or use of printed material.

(b) The State Board of Elections shall provide a certified remote accessible vote by mail system for the General Election of November 8, 2022 and all subsequent elections, through which a vote by mail ballot can be delivered by electronic transmission to voters with print disabilities and through which voters with print disabilities are able to mark and verify their ballots using assistive technology.

(c) The State Board of Elections Election authorities shall permit voters with a print disability to receive and mark their vote by mail ballots (i) through the certified remote accessible vote by mail system provided by the State Board of Elections pursuant to subsection (b) of this Section or (ii) through a certified remote accessible vote by mail system provided by the State Board of Elections election authority.

(d) If a vote by mail ballot application from a voter with a print disability arrives after the jurisdiction begins transmitting vote by mail ballots and instructions to voters, the State Board of Elections election authority shall electronically transmit the ballot, instructions, and balloting materials to the voter within two business days after receipt of the application.

(e) Ballots received and marked pursuant to this Section must be printed by the voter and returned to the election authority as provided in Section 19-6.

(f) The State Board of Elections shall adopt rules, including emergency rules, necessary for the implementation of this Section. The State Board of Elections' adopted rules shall include certification standards for a remote accessible vote by mail system and a method subject to the provisions in Sections 19-2 and 19-3 of this Article by which a voter with a print disability may request to use a certified remote accessible vote by mail system and apply for an accessible vote by mail ballot.

(Source: P.A. 102-819, eff. 5-13-22.)

(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)

Sec. 19-3. Application for a vote by permanent mail ballot.

(a) (Blank). The application for a vote by mail ballot for a single election 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.

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to vote at the .... election to be held on ....; and that I wish to vote by mail.

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 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: .............................................................

(a-5) The application for a single vote by mail ballot transmitted electronically pursuant to Section 19-2.6 shall be substantively similar to the application for a vote by mail ballot for a single election and shall include:

I swear or affirm that I am a voter with a print disability, and, as a result of this disability, I am making a request to receive a vote by mail ballot electronically so that I may privately and independently mark, verify, and print my vote by mail ballot.

(b) The application for permanent vote by mail status shall be substantially in the following form:

APPLICATION FOR PERMANENT VOTE BY MAIL STATUS

I am currently a registered voter and wish to apply for permanent vote by mail status.

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to vote at the .... election to be held on ....; and that I wish to vote by mail in:

..... all subsequent elections that do not require a party designation.

..... all subsequent elections, and I wish to receive a ................... Party vote by mail ballot in elections that require a party designation.

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 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.

Under penalties as provided by law under Section 29-10 of the Election Code, the undersigned certifies that the statements set forth in this application are true and correct.

....

Post office address to which ballot is mailed: ...............

(b-5) The application for permanent vote by mail ballots transmitted electronically pursuant to Section 19-2.6 shall be substantively similar to the application for permanent vote by mail status and shall include:

I swear or affirm that I am a voter with a non-temporary print disability, and as a result of this disability, I am making a request to receive vote by mail ballots electronically so that I may privately and independently mark, verify, and print my vote by mail ballots.

(c) 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. The State Board of Elections election authority shall allow any voter on permanent vote by mail status to change his or her party affiliation for a primary election ballot by a method and deadline published and selected by the State Board of Elections election authority.

(d) 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 the application under subsection (a) or (b) are true and correct, and a signature is not required.

(e) Any person may produce, reproduce, distribute, or return to the State Board of Elections an election authority an application under this Section. If applications are sent to a post office box controlled by any individual or organization that is not an election authority, those applications shall (i) include a valid and current phone number for the individual or organization controlling the post office box and (ii) be turned over to the State Board of Elections appropriate election authority within 7 days of receipt or, if received within 2 weeks of the election in which an applicant intends to vote, within 2 days of receipt. Failure to turn over the applications in compliance with this paragraph shall constitute a violation of this Code and shall be punishable as a petty offense with a fine of $100 per application. Removing, tampering with, or otherwise knowingly making the postmark on the application unreadable by the State Board of Elections election authority shall establish a rebuttable presumption of a violation of this paragraph. Upon receipt, the State Board of Elections appropriate election authority shall accept and promptly process any application under this Section submitted in a form substantially similar to that required by this Section, including any substantially similar production or reproduction generated by the applicant.

(f) (Blank). An election authority may combine the applications in subsections (a) and (b) onto one form, but the distinction between the applications must be clear and the form must provide check boxes for an applicant to indicate whether he or she is applying for a single election vote by mail ballot or for permanent vote by mail status.

(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)

(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)

Sec. 19-4. Mailing or delivery of ballots; time. Immediately upon the receipt of such application either by mail 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 the State Board of Elections 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 on file with the office of the election authority, and if found so to be entitled to vote, to maintain a list of 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. No later than 50 days before an election, the State Board of Elections 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 post maintain those names and other information in an electronic format on its website, arranged by county and accessible to State and local political committees. No later than 30 days before 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 State Board of Elections election authority shall mail, postage prepaid, or deliver in person in such office, or deliver via electronic transmission pursuant to Section 19-2.6, 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 State Board of Elections 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.

The State Board of Elections Each election authority shall maintain a list for each election of the voters to whom it has issued vote by mail ballots. Prior to the start of early voting, the State Board of Election shall provide a list to each election authority, including every voter in an election authority's jurisdiction who the State Board of Elections issued a vote by mail ballot. 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.

The State Board of Elections Each election authority shall maintain a list for each election of voters to whom it has issued temporarily absent student ballots. Prior to the start of early voting, the State Board of Election shall provide the list to each election authority. 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, the ID/DD Community Care Act, or the MC/DD 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 Friday, 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 from the State Board of Elections at the office of the election authority for public inspection upon request from the time of receipt thereof by the State Board of Elections 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.

Notwithstanding any provision of this Section to the contrary, pursuant to subsection (a) of Section 30 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act, neither the name nor the address of a program participant under that Act shall be included in any list of registered voters available to the public, including the lists referenced in this Section.

(Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22; 102-1126, eff. 2-10-23.)

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

Sec. 19-5. Folding and enclosure of ballots in unsealed envelope; address on envelope; certification; instructions for marking and returning ballots. It shall be the duty of the State Board of Elections 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 the election authority, which envelope shall bear upon the face thereof the name, official title and post office address of the voter's election authority, and upon the other side a printed certification in substantially the following form:

I state that I am a resident of .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; and that I am lawfully entitled to cast a ballot.

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 .... in the municipality of .... in the county of ....; that I have resided at such address for at least 30 days; that I am lawfully entitled to cast a ballot; and that I am physically incapable of personally marking the ballot for this election.

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 State Board of Elections election authority shall provide printed slips, or an electronic version thereof for voters voting by mail pursuant to Section 19-2.6, 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 or the electronic version thereof for voters voting by mail pursuant to Section 19-2.6 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 voters with physical disabilities."

In addition to the above, if a ballot to be provided to an elector pursuant to this Section contains a public question described in subsection (b) of Section 28-6 and the territory concerning which the question is to be submitted is not described on the ballot due to the space limitations of such ballot, the election authority shall provide a printed copy of a notice of the public question, which shall include a description of the territory in the manner required by Section 16-7. The notice shall be furnished to the elector at the same time the ballot is delivered to the elector.

The State Board of Elections Election authorities transmitting ballots by electronic transmission pursuant to Section 19-2.6 shall, to the greatest extent possible, provide those applicants with the same instructions, certifications, and other balloting materials required when sending ballots by mail.

(Source: P.A. 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.)

(10 ILCS 5/19-6.5 new)

Sec. 19-6.5. List of vote by mail applications. Prior to the start of early voting, the State Board of Elections shall provide each election authority with the vote by mail applications of the voters the State Board of Elections mailed a vote by mail ballot to for that election.

(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)

Sec. 19-12.2. Voting by physically incapacitated electors who have made proper application to the State Board of Elections election authority not later than 5 days before the regular primary and general election of 1980 and before each election thereafter shall be conducted either through the vote by mail procedures as detailed in this Article or 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, the ID/DD Community Care Act, or the MC/DD 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, the ID/DD Community Care Act, or the MC/DD 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. 103-600, eff. 7-1-24.)

(10 ILCS 5/19-13) (from Ch. 46, par. 19-13)

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, advanced practice registered nurse, or physician assistant completes a Certificate of Attending Health Care Professional in a form substantially as follows:

CERTIFICATE OF ATTENDING HEALTH CARE PROFESSIONAL

I state that I am a physician, advanced practice registered nurse, or physician assistant, 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 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, advanced practice registered nurse's, or a physician assistant's certificate, completed as prescribed in paragraph 2, to the State Board of Elections election authority. Such precinct voter or relative shall execute and sign an affidavit furnished by the State Board of Elections 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, advanced practice registered nurse's, or a physician assistant's certificate, and the affidavit of the precinct voter or the relative, the State Board of Elections 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. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18.)