96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2022


 
Introduced 2/20/2009, by Sen. Michael W. Frerichs
 
SYNOPSIS AS INTRODUCED:
 		








  




10 ILCS 5/19-1
  from Ch. 46, par. 19-1




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



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



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









    Amends the Election Code. Permits a person to request and vote an absentee ballot without specifying a reason for the absence from the polling place on election day. Effective immediately.
















LRB096 06039 JAM 16121 b

















 


 


A BILL FOR









 











SB2022

LRB096 06039 JAM 16121 b






1
    AN ACT concerning elections.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:




 
4
    Section 5. The Election Code is amended by changing 
5
Sections 19-1, 19-2,
19-3, and 19-5 as follows:


 
6
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
7
    Sec. 19-1. Any qualified elector of the State of Illinois  
8
having
duly registered where such registration is required who 
9
will be unable to enter his or her precinct polling place 
10
without violating Section 11-9.3 of the Criminal Code of 1961 
11
or who expects to be
absent from the county in which he is a 
12
qualified elector or who because
of being appointed a judge of 
13
election in a precinct other than the
precinct in which he 
14
resides or who because of physical incapacity or
the tenets of 
15
his religion in the observance of a religious holiday or
who 
16
because of election duties for the office of an Election 
17
Authority
or the State Board of Elections or who because of 
18
election duties for a
law enforcement agency, including but not 
19
limited to the offices of the
Attorney General, a State's 
20
Attorney, a United States Attorney, or a
State, county, or 
21
municipal police department, or who, because he is
temporarily 
22
abiding outside the precinct in which he is registered to vote

23
due to the fact he is a student attending an institution of 
 


 






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1
higher
education or who is serving as a sequestered juror on a 
2
State or federal jury,
or who because of his or her confinement 
3
or
detention in a jail pending acquittal or conviction of a 
4
crime,
will be unable to be present at
the polls on the day of 
5
holding any special, general or
primary election at which any 
6
presidential preference is indicated or
any candidates are 
7
chosen or elected, for any congressional, State,
district, 
8
county, town, city, village, precinct or judicial offices or
at 
9
which questions of public policy are submitted, may vote at 
10
such
election as hereinafter in this Article provided.


11
    Each Election Authority, law enforcement agency, and the 
12
State Board
of Elections shall compile and keep current a list 
13
of his or its
officers or employees who are eligible to vote 
14
under this Article by
reason of election duties.

15
    For purposes of this Article 19, a physically incapacitated 
16
voter marks
his or her ballot "personally" when the voter 
17
exercises his or her physical
abilities to their reasonable 
18
limit in marking the ballot, and marking
personally may include 
19
instructing the person assisting the incapacitated
voter when 
20
giving such instruction represents the reasonable limit of the

21
physical abilities.


22
(Source: P.A. 94-637, eff. 1-1-06; 95-440, eff. 8-27-07.)

 
23
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
24
    Sec. 19-2. Any elector as defined in Section 19-1 who will 
25
be unable to enter his or her precinct polling place without 
 


 






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1
violating Section 11-9.3 of the Criminal Code of 1961 or who is

2
expecting to be
absent from the county of his residence or any 
3
such elector who because
of being appointed a judge of election 
4
in a precinct other than the
precinct in which he resides or 
5
who because of physical incapacity or
the tenets of his 
6
religion in the observance of a religious holiday or
who 
7
because of election duties for the office of an Election 
8
Authority,
the State Board of Elections, or a law enforcement

9
agency, or who because of his or her confinement or
detention 
10
in a jail pending acquittal or conviction of a crime,
will be 
11
unable to be present at the polls on the day of such
election 
12
may by mail, not more than 40 nor less than 5 days prior to the

13
date of such election, or by personal delivery not more than 40 
14
nor less
than one day prior to the date of such election, make 
15
application to the
county clerk or to the Board of Election 
16
Commissioners for an official
ballot for the voter's precinct 
17
to be voted at such election.


18
(Source: P.A. 94-637, eff. 1-1-06; 95-440, eff. 8-27-07.)

 



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


20
    Sec. 19-3. Application for such ballot shall be made on 
21
blanks to be
furnished by the election authority and 
22
duplication of such application
for ballot is prohibited, 
23
except by the election authority.  The
application for ballot 
24
shall be substantially in the
following form:

25

APPLICATION FOR  ABSENTEE  BALLOT


 


 






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1

BY ELECTOR WHO EXPECTS TO BE


2

ABSENT FROM COUNTY


3
    To be voted at the .... election in the County of .... and 
4
State of
Illinois, in the .... precinct of the (1) *township of 
5
.... (2) *City of
.... or (3) *.... ward in the City of ....

6
    I state that I am a resident of the .... precinct of the 
7
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
8
the city of
.... residing at .... in such city or town in the 
9
county of .... and
State of Illinois; that I have lived at such 
10
address for .... month(s)
last past; that I am lawfully 
11
entitled to vote in such precinct at the
.... election to be 
12
held therein on ....; and that I with to vote by absentee 
13
ballot expect to be absent
from the county of my residence on 
14
the date of holding such election,
and that I will have no 
15
opportunity to vote in person on that day.

16
    I hereby make application for an official ballot or ballots 
17
to be
voted by me at such election if I am absent from the 
18
county of my
residence, and I agree that I shall return such 
19
ballot or ballots to the
official issuing the same prior to the 
20
closing of the polls on the date
of the election.

21
    Under penalties as provided by law pursuant to Section 
22
29-10 of The
Election Code, the undersigned certifies that the 
23
statements set forth
in this application are true and correct.

24

....


25

*fill in either (1), (2) or (3).


26

Post office address to which ballot is mailed:


 


 






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1
.............................................................

2
    However, if application is made for a primary election 
3
ballot, such
application shall designate the name of the 
4
political party with which
the applicant is affiliated.

5

APPLICATION FOR BALLOT


6

BY ELECTOR WHO IS JUDGE OF ELECTION


7

IN A PRECINCT OTHER THAN THE PRECINCT


8

IN WHICH HE RESIDES


9
    To be voted at the .... election in the County of .... and 
10
State of
Illinois, in the .... precinct of the (1) *township of 
11
.... (2) *City of
.... or (3) *.... ward in the City of ....

12
    I state that I am affiliated with the .... party (to be 
13
used in
primary elections) and that I am a resident of the .... 
14
precinct of the
(1) *township of .... (2) *City of .... or (3) 
15
*.... ward in the city of
.... residing at .... in such city or 
16
town in the county of .... and
State of Illinois; that I have 
17
lived at such address for .... month(s)
last past; that I am 
18
lawfully entitled to vote in such precinct at the
.... election 
19
to be held therein on ....; that I am a judge of election
in 
20
.... precinct or the (1) *.... ward in the city of .... or (2)

21
*township of .... or (3) *city, village or incorporated town of 
22
.... in such
county and that I will have no opportunity of 
23
voting in person on that day:

24
    I hereby make application for an official ballot or ballots 
25
to be
voted by me at such election if I serve as a judge of 
26
election in such
last named precinct, and I agree that I shall 
 


 






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1
return such ballot or
ballots to the official issuing the same 
2
prior to the closing of the
polls on the date of the election.

3
    Under penalties as provided by law pursuant to Section 
4
29-10 of The
Election Code, the undersigned certifies that the 
5
statements set forth
in this application are true and correct.

6

....


7

*fill in either (1), (2) or (3).


8

Post office address to which ballot is mailed:


9

....


10

APPLICATION FOR BALLOT


11

BY PHYSICALLY INCAPACITATED ELECTOR


12
    To be voted at the .... election in the County of .... and 
13
State of
Illinois, in the .... precinct of the (1) *township of 
14
.... (2) *City of
.... or (3) *.... ward in the City of ....

15
    I state that I am affiliated with the .... party (to be 
16
used in
primary elections) and that I am a resident of the .... 
17
precinct of the
(1) *township of .... (2) *City of .... or (3) 
18
*.... ward in the city of
.... residing at .... in such city or 
19
town in the county of .... and
State of Illinois; that I have 
20
lived at such address for .... month(s)
last past; that I am 
21
lawfully entitled to vote in such precinct at the
.... election 
22
to be held therein on ....; that I shall be physically

23
incapable of being present at the polls of such precinct on the 
24
date of
holding such election for the following reasons:

25
    I hereby make application for an official ballot or ballots 
26
to be
voted by me at such election if I am so physically 
 


 






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1
incapacitated, and I
agree that I shall return such ballot or 
2
ballots to the official issuing
the same prior to the closing 
3
of the polls on the date of election.

4
    Under penalties as provided by law pursuant to Section 
5
29-10 of The
Election Code, the undersigned certifies that the 
6
statements set forth
in this application are true and correct.

7

....


8

*fill in either (1), (2) or (3).


9

Post office address to which ballot is mailed:


10
.............................................................

11

APPLICATION FOR BALLOT
12

BY CHILD SEX OFFENDER ELECTOR
13
    To be voted at the .... election in the County of .... and 
14
State of
Illinois, in the .... precinct of the (1) *township of 
15
.... (2) *City of
.... or (3) *.... ward in the City of ....
16
    I state that I am affiliated with the .... party (to be 
17
used in
primary elections) and that I am a resident of the .... 
18
precinct of the
(1) *township of .... (2) *City of .... or (3) 
19
*.... ward in the city of
.... residing at .... in such city or 
20
town in the county of .... and
State of Illinois; that I have 
21
lived at such address for .... month(s)
last past; that I am 
22
lawfully entitled to vote in such precinct at the
.... election 
23
to be held therein on ....; that
my assigned precinct polling 
24
place is in a school and I will be unable to enter the polling 
25
place without violating Section 11-9.3 of the Criminal Code of 
26
1961.
 


 






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1
    I hereby make application for an official ballot or ballots 
2
to be
voted by me at such election because my assigned precinct 
3
polling place is in a school and I will be unable to enter the 
4
polling place without violating Section 11-9.3 of the Criminal 
5
Code of 1961, and I
agree that I shall return such ballot or 
6
ballots to the official issuing
the same prior to the closing 
7
of the polls on the date of election.
8
    Under penalties as provided by law pursuant to Section 
9
29-10 of the
Election Code, the undersigned certifies that the 
10
statements set forth
in this application are true and correct.
11

....
12

*fill in either (1), (2), or (3).
13

Post office address to which ballot is mailed:
14
...............

15

APPLICATION FOR BALLOT


16

BY ELECTOR OBSERVING RELIGIOUS HOLIDAY


17
    To be voted at the .... election in the county of .... 
18
State of
Illinois, in the .... precinct (1) *township of .... 
19
(2) *City of ....
or (3) *.... ward in the City of ....

20
    I state that I am affiliated with the .... party (to be 
21
used in
primary elections) and that I am a resident of the .... 
22
precinct of the
(1) *township of .... (2) *City of .... or (3) 
23
*.... ward in the city of
.... residing at .... in such city or 
24
town in the county of .... and
State of Illinois; that I have 
25
lived at such address for .... month(s)
past, that I am 
26
lawfully entitled to vote in such precinct at the ....
election 
 


 






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1
to be held therein on ....; that I shall be unable to be

2
present at the polls of such precinct on the date of holding 
3
such
election because of the tenets of my religion in the 
4
observance of a
religious holiday.

5
    I hereby make application for an official ballot or ballots 
6
to be
voted by me at such election if I am so unable to be 
7
present at the
polls of such precinct on the date of the 
8
election because of the tenets
of my religion in the observance 
9
of a religious holiday, and I agree
that I shall return the 
10
ballot or ballots to the official issuing the
same prior to the 
11
closing of the polls on the date of the election.

12
    Under penalties as provided by law pursuant to Section 
13
29-10 of The
Election Code, the undersigned certifies that the 
14
statements set forth
in this application are true and correct.

15

....


16

*fill in either (1), (2) or (3).


17

Post office address to which ballot is mailed:


18
.............................................................

19

APPLICATION FOR BALLOT


20

BY ELECTOR WHO IS AN ELECTION EMPLOYEE


21

OF STATE'S ATTORNEY, COUNTY CLERK OR


22

BOARD OF ELECTION COMMISSIONERS


23
    To be voted at the .... election in the County of .... and 
24
State of
Illinois, in the .... precinct of the (1) *township of 
25
.... (2) *City of
.... or (3) *.... ward in the City of ....

26
    I state that I am a resident of the .... precinct of the 
 


 






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1
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
2
the city of
.... residing at .... in such city or town in the 
3
county of .... and
State of Illinois; that I have lived at such 
4
address for .... month(s)
last past; that I am lawfully 
5
entitled to vote in such precinct at the
.... election to be 
6
held therein on ....; that I am employed in the
office of the 
7
(State's Attorney of .... County) (County Clerk of ....
County) 
8
(Board of Election Commissioners of the (City) (County) of ....

9
and that because of election duties on the date of holding such 
10
election
I will have no opportunity to vote in person on that 
11
day.

12
    I hereby make application for an official ballot or ballots 
13
to be
voted by me at such election, and I agree that I shall 
14
return such
ballot or ballots to the official issuing the same 
15
prior to the closing
of the polls on the date of the election.

16
    Under penalties as provided by law pursuant to Section 
17
29-10 of The
Election Code, the undersigned certifies that the 
18
statements set forth
in this application are true and correct.

19

....


20

* fill in either (1), (2) or (3).


21

Post office address to which ballot is mailed:


22
.............................................................

23
    Provided, that if application be made for a primary 
24
election ballot,
such application shall designate the name of 
25
the political party with
which the applicant is affiliated.

26

APPLICATION FOR


 


 






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1

TEMPORARILY ABSENT STUDENT BALLOT


2
    To be voted at the .... election in the County of .... and 
3
State of
Illinois, in the .... precinct of the (1) *township of 
4
.... (2) *City of
.... or (3) *.... ward in the City of ....

5
    I state that I am a resident of the .... precinct of the 
6
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
7
the city of
.... residing at .... in such city or town in the 
8
county of .... and
State of Illinois; that I have lived at such 
9
address for .... month(s)
last past; that I am lawfully 
10
entitled to vote in such precinct at the
.... election to be 
11
held therein on ....; that I am temporarily abiding
outside 
12
such precinct in the (1) *township of .... (2) *City of .... in 
13
the
county of .... and State of .... due to the fact I am a 
14
student attending an
institution of higher education, and for 
15
that reason do not expect to have
an opportunity to vote in 
16
person on that day.

17
    I hereby make application for an official ballot or ballots 
18
to be
voted by me at such election if I am absent from the 
19
precinct of my
residence, and I agree that I shall return such 
20
ballot or ballots to the
official issuing the same prior to the 
21
closing of the polls on the date
of the election.

22
    Under penalties as provided by law pursuant to Section 
23
29-10 of The
Election Code, the undersigned certifies that the 
24
statements set forth
in this application are true and correct.

25

.........................


26

*fill in either (1), (2) or (3).


 


 






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1

Post office address to which ballot is mailed:


2
.............................................................

3
    However, if application is made for a primary election 
4
ballot, such
application shall designate the name of the 
5
political party with which
the applicant is affiliated.

6
    In lieu of the separate application blanks heretofore 
7
prescribed, the
election authority may adopt a standard 
8
application blank in
substantially the following form for all 
9
categories of absentee voters:

10

APPLICATION FOR


11

ABSENT VOTER'S BALLOT


12
    To be voted at the ....... election in the County of 
13
....... and
State of Illinois, in the ...... precinct of the 
14
(1) *township of ......
(2) *City of ...... or (3) *...... ward 
15
in the City of ............

16
    I state that I am a resident of the ...... precinct of the 
17
(1)
*township of ...... (2) *City of ........ or (3) *........ 
18
ward in the
City of ...... residing at .......... in such city 
19
or town in the county
of ...... and State of Illinois; that I 
20
have lived at such address for
...... months last past; that I 
21
am lawfully entitled to vote in such
precinct at a ...... 
22
election to be held therein on ......; and that I
will be 
23
unable to vote in person at the polls of such precinct for the

24
following reasons:

25
(Check One)

26
         I expect to be absent from my county of residence.

 


 






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1
         I expect to be temporarily absent from the country.

2
         I shall be serving as a judge of election in the

3
         ........ precinct which is not my precinct of

4
         residence.

5
         I shall be observing a religious holiday in

6
         accordance with the tenets of my religion.

7
         I shall be performing official election duties

8
         for an Election Authority ....................,

9
                                   (election authority) 

10
         .................... or the State Board of 
11
Elections.

12
         (location)

13
        I shall be performing election law enforcement

14
         duties in the employment of ......................,

15
                                    (law enforcement agency)

16
         ................

17
         (location)

18
        I am temporarily abiding in the (1) *township of
.... 
19
(2) *city of .... in the county of .... and
State of .... due to 
20
the fact I am a student
attending an institution of higher 
21
education.

22
        I am physically incapacitated.

23
        Reason(s):

24
         I have been called for jury duty on said day by

25
        ..................

26
        (court jurisdiction)

 


 






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1
    I hereby make application for an official ballot or ballots 
2
to be
voted by me at such election and agree that I shall 
3
return the ballot or
ballots to the election official issuing 
4
the same in sufficient time for
such official to deliver the 
5
ballot or ballots to the proper polling
place prior to the 
6
closing of the polls on the date of the election.

7
    Under penalties as provided by law pursuant to Section 
8
29-10 of the
Election Code, the undersigned certifies that the 
9
statements set forth
in this application are true and correct.

10

........................


11
*fill in either (1), (2) or (3).
Post office address to which 
12
ballot is mailed:

13

........................


14
    Provided, that if application is made for a primary 
15
election, such
application shall designate the name of the 
16
political party with which
applicant is affiliated.

17
(Source: P.A. 95-440, eff. 8-27-07.)


 
18
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
19
    Sec. 19-5. It shall be the duty of the election authority 
20
to fold the
ballot or ballots in the manner specified by the 
21
statute for folding
ballots prior to their deposit in the 
22
ballot box, and to enclose such
ballot or ballots in an 
23
envelope unsealed to be furnished by him, which
envelope shall 
24
bear upon the face thereof the name, official title and
post 
25
office address of the election authority, and upon the other 
 


 






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1
side
if the ballot is to go to an elector who is to be out of 
2
the county on
the day of the election a printed certification 
3
in substantially the
following form:


4
    I state that I am a resident of the .... precinct of the 
5
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
6
the city of
.... residing at .... in such city or town in the 
7
county of .... and
State of Illinois, that I have lived at such 
8
address for .... months
last past; and that I am lawfully 
9
entitled to vote in such precinct at the
.... election to be 
10
held on ....; and I expect to be absent from the
 county of my 
11
residence on the date of such election.


12
*fill in either (1), (2) or (3).


13
    I further state that I personally marked the enclosed 
14
ballot in secret.


15
    Under penalties of perjury as provided by law pursuant to 
16
Section 29-10
of The Election Code, the undersigned certifies 
17
that the statements set
forth in this certification are true 
18
and correct.


19

.......................


20
    If the ballot is to go to an elector who is physically 
21
incapacitated
the envelope shall bear upon the back thereof a 
22
certification in
substantially the following form:


23
    I state that I am a resident of the .... precinct of the 
24
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
25
the city of
.... residing at .... in such city or town in the 
26
county of .... and
State of Illinois, that I have lived at such 
 


 






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1
address for .... months
last past; that I am lawfully entitled 
2
to vote in such precinct at the
.... election to be held on 
3
....; that I shall be physically incapable
of being present at 
4
the polls of such precinct on the date of holding
such 
5
election.


6
*fill in either (1), (2) or (3).


7
    I further state that I personally marked the enclosed 
8
ballot in secret.
If I received assistance in casting my 
9
ballot, I further attest that, due
to physical incapacity, I 
10
marked the enclosed
ballot in secret with the assistance of


11

.................................


12

(Individual rendering assistance)


13

.................................


14

(Residence Address)


15
    Under penalties of perjury  as provided by law pursuant to 
16
Section 29-10
of The Election Code, the undersigned certifies 
17
that the statements set forth
in this certification are true 
18
and correct.


19

.......................


20
    In the case of a voter who is voting absentee by reason of 
21
physical
incapacity, marking a ballot in secret includes 
22
marking a ballot with the
assistance of another individual, 
23
other than a candidate
whose name appears on the ballot (unless 
24
the voter is the spouse or a
parent, child, brother, or sister 
25
of the candidate),
the voter's employer, an
agent of that 
26
employer or an officer or agent of the voter's union, when
the 
 


 






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1
voter's physical incapacity necessitates such assistance.

2
    If the ballot is to go to an elector who will be unable to 
3
enter his or her precinct polling place without violating 
4
Section 11-9.3 of the Criminal Code of 1961, the envelope shall 
5
bear upon the back thereof a
certification in substantially the 
6
following form:
7
    I state that I am a resident of the .... precinct of the 
8
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
9
the city of
.... residing at .... in said city or town in the 
10
county of .... and
State of Illinois, that I have lived at such 
11
address for .... months
last past; that I am lawfully entitled 
12
to vote in such precinct at the
.... election to be held on 
13
....; that my assigned precinct polling place is in a school 
14
and I will be unable to enter the polling place without 
15
violating Section 11-9.3 of the Criminal Code of 1961.
16
*fill in either (1), (2), or (3).
17
    I further state that I personally marked the enclosed 
18
ballot in secret.
19
    Under penalties of perjury as provided by law pursuant to 
20
Section 29-10
of the Election Code, the undersigned certifies 
21
that the statements set
forth in this certification are true 
22
and correct.
23

......................
24
    If the ballot is to go to an elector who is unable to be 
25
present at
the polls on the date of the election because of the 
26
observance of a
religious holiday, the envelope shall bear upon 
 


 






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the back thereof a
certification in substantially the following 
2
form:

3
    I state that I am a resident of the .... precinct of the 
4
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
5
the city of
.... residing at .... in said city or town in the 
6
county of .... and
State of Illinois, that I have lived at such 
7
address for .... months
last past; that I am lawfully entitled 
8
to vote in such precinct at the
.... election to be held on 
9
....; that I shall be unable to be present
at the polls of such 
10
precinct on the date of holding such election
because of the 
11
tenets of my religion in the observance of a religious
holiday.

12
*fill in either (1), (2) or (3).


13
    I further state that I personally marked the enclosed 
14
ballot in secret.


15
    Under penalties of perjury as provided by law pursuant to 
16
Section 29-10
of The Election Code, the undersigned certifies 
17
that the statements set
forth in this certification are true 
18
and correct.


19

......................


20
    If the ballot is to go to an elector who is unable to be 
21
present at the
polls on the date of the election because he or 
22
she is confined or detained in
jail pending acquittal or 
23
conviction of a crime, the envelope shall
bear upon the back 
24
thereof a certification in substantially the following form:

25
    I state that I am a resident of the .... precinct of the 
26
(1) *township of
.... (2) *City of.... or (3) *.... ward in the 
 


 






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city of .... residing at .... in
that city or town in the 
2
county of .... and State of Illinois, that I have
lived at such 
3
address for .... months last past; that I am lawfully entitled 
4
to
vote in such precinct at the .... election to be held on 
5
....; that I shall be
unable to be present at the polls of such 
6
precinct on the date of holding such
election because of my 
7
confinement or detention in jail pending
acquittal or 
8
conviction of a crime.

9
*fill in either (1), (2) or (3).

10
    I further state that I personally marked the enclosed 
11
ballot in secret.

12
    Under penalties of perjury as provided by law pursuant to 
13
Section 29-10 of
The Election Code, the undersigned certifies 
14
that the statements set forth in
this certification are true 
15
and correct.

16

......................


17
    If the ballot is to go to an elector who is temporarily 
18
abiding outside
the precinct in which he is registered to vote 
19
due to the fact he is a
student attending an institution of 
20
higher education the envelope shall
bear upon the back thereof 
21
a certification in substantially the following form:

22
    I state that I am a resident of the .... precinct of the 
23
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
24
the city of
.... residing at .... in such city or town in the 
25
county of .... and
State of Illinois, that I have lived at such 
26
address for .... months
last past; that I am lawfully entitled 
 


 






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to vote in such precinct at the
.... election to be held on 
2
....; and I expect to be absent from the
precinct of my 
3
residence on the date of such election because I am
temporarily 
4
abiding outside such precinct in the (1) *township of .... (2)

5
*city of .... in the county of .... and State of .... due to the 
6
fact I am
a student attending an institution of higher 
7
education.


8
*fill in either (1), (2) or (3).

9
    I further state that I personally marked the enclosed 
10
ballot in secret.

11
    Under penalties of perjury as provided by law pursuant to 
12
Section 29-10
of The Election Code, the undersigned certifies 
13
that the statements set
forth in this certification are true 
14
and correct.


15

.......................


16
    If the election authority adopts the standard absentee 
17
ballot application
blank provided in Section 19-3, the printed 
18
certification on the absentee
ballot envelope shall be in 
19
substantially the following form:


20
    I state that I am a resident of the ...... precinct of the 
21
(1) *township
of.....  (2) *City of ..... or (3) *....... ward 
22
in the city of .......
residing at ..... in said city or town 
23
in the county of ...... and State
of Illinois, that I have 
24
lived at such address for .... months last past;
that I shall 
25
be unable to be present at the polls of such precinct on the

26
date of holding such election for the reason indicated on the 
 


 






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application
for ballot enclosed herein.

2
*fill in either (1), (2) or (3).

3
    I further state that I personally marked the enclosed 
4
ballot in secret.
If I received assistance in casting my 
5
ballot, I further attest that, due
to physical incapacity, I 
6
marked the enclosed
ballot in secret with the assistance of


7

.................................


8

(Individual rendering assistance)


9

.................................


10

(Residence Address)


11
    Under penalties of perjury provided by law pursuant to 
12
Section 29-10 of the
Election
Code, the undersigned certifies 
13
that the statements set forth in this
certification are true 
14
and correct.


15

.......................


16
    In the case of a physically incapacitated voter voter who 
17
is voting absentee by reason of physical
incapacity, marking a 
18
ballot in secret includes marking a ballot with the
assistance 
19
of another individual, other than a candidate
whose name 
20
appears on the ballot (unless the voter is the spouse or a

21
parent, child, brother, or sister of the candidate), the 
22
voter's
employer, an
agent of that employer, or an officer or 
23
agent of the voter's union, when
the voter's physical 
24
incapacity necessitates such assistance.


25
    Provided, that if the ballot enclosed is to be voted at a 
26
primary
election, the certification shall designate the name of 
 


 






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1
the political
party with which the voter is affiliated.


2
    In addition to the above, the election authority shall 
3
provide
printed slips giving full instructions regarding the 
4
manner of marking
and returning the ballot in order that the 
5
same may be counted, and
shall furnish one of such printed 
6
slips to each of such applicants at
the same time the ballot is 
7
delivered to him.
Such instructions shall include the following 
8
statement: "In signing the
certification on the absentee ballot 
9
envelope, you are attesting that you
personally marked this 
10
absentee ballot in secret.  If you are physically
unable to mark 
11
the ballot, a friend or relative may assist you after

12
completing the enclosed affidavit.  Federal and State laws 
13
prohibit a
candidate whose name appears on the ballot (unless 
14
you
are the spouse or a parent, child, brother, or sister of 
15
the candidate), your
employer, your employer's agent or an 
16
officer or agent of your union
from assisting physically 
17
disabled voters."


18
    In addition to the above, if a ballot to be provided to an 
19
elector
pursuant to this Section contains a public question 
20
described in subsection
(b) of Section 28-6 and the territory 
21
concerning which the question is
to be submitted is not 
22
described on the ballot due to the space limitations
of such 
23
ballot, the election authority shall provide a printed copy of

24
a notice of the public question, which shall include a 
25
description of the
territory in the manner required by Section 
26
16-7.  The notice shall be
furnished to the elector at the same 
 


 






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1
time the ballot is delivered to the
elector.


2
(Source: P.A. 94-637, eff. 1-1-06; 95-440, eff. 8-27-07.)


 
3
    Section 99. Effective date. This Act takes effect upon 
4
becoming law.