State of Illinois
91st General Assembly
Legislation

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91_SB0935enr

 
SB935 Enrolled                                 LRB9102926MWpr

 1        AN ACT to amend the Election  Code  by  changing  Section
 2    19-2.1.

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

 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Section 19-2.1 as follows:

 7        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
 8        Sec.   19-2.1.   At  the  consolidated  primary,  general
 9    primary, consolidated, and general and nonpartisan elections,
10    electors entitled  to  vote  by  absentee  ballot  under  the
11    provisions  of  Section 19-1 may vote in person at the office
12    of the municipal clerk, if the elector is  a  resident  of  a
13    municipality not having a board of election commissioners, or
14    at the office of the township clerk or, in counties not under
15    township  organization,  at  the  office of the road district
16    clerk if the elector is not a  resident  of  a  municipality;
17    provided,  in  each case that the municipal, township or road
18    district clerk, as the case may be, is authorized to  conduct
19    in-person absentee voting pursuant to this Section.  Absentee
20    voting  in  such municipal and township clerk's offices under
21    this Section shall be conducted from the 22nd day through the
22    day before the election.
23        Municipal and township clerks (or road  district  clerks)
24    who  have  regularly  scheduled  working  hours  at regularly
25    designated offices other than a place of residence and  whose
26    offices  are  open  for business during the same hours as the
27    office of the  election  authority  shall  conduct  in-person
28    absentee  voting  for said elections.  Municipal and township
29    clerks (or  road  district  clerks)  who  have  no  regularly
30    scheduled  working  hours  but  who have regularly designated
31    offices  other  than  a  place  of  residence  shall  conduct
 
SB935 Enrolled              -2-                LRB9102926MWpr
 1    in-person absentee voting for said elections during the hours
 2    of 8:30 a.m.  to  4:30  p.m.  or  9:00  a.m.  to  5:00  p.m.,
 3    weekdays,  and  9:00 a.m. to 12:00 noon on Saturdays, but not
 4    during such hours as the office of the election authority  is
 5    closed,  unless  the  clerk  files  a written waiver with the
 6    election authority not later than July 1 of each year stating
 7    that he or she is unable  to  conduct  such  voting  and  the
 8    reasons  therefor. Such clerks who conduct in-person absentee
 9    voting may extend their hours for that purpose to include any
10    hours in which  the  election  authority's  office  is  open.
11    Municipal  and  township clerks (or road district clerks) who
12    have no regularly scheduled office  hours  and  no  regularly
13    designated  offices  other  than a place of residence may not
14    conduct in-person absentee voting for  said  elections.   The
15    election   authority   may  devise  alternative  methods  for
16    in-person absentee voting before  said  elections  for  those
17    precincts   located   within   the   territorial  area  of  a
18    municipality or township (or road district) wherein the clerk
19    of such municipality  or  township  (or  road  district)  has
20    waived  or  is  not  entitled  to  conduct  such  voting.  In
21    addition,  electors  may  vote  by  absentee ballot under the
22    provisions of Section 19-1 at  the  office  of  the  election
23    authority having jurisdiction over their residence.
24        In  conducting  absentee  voting  under this Section, the
25    respective  clerks  shall  not  be  required  to  verify  the
26    signature of  the  absentee  voter  by  comparison  with  the
27    signature  on the official registration record card. However,
28    the clerk shall reasonably ascertain  the  identity  of  such
29    applicant,  shall  verify  that  each  such  applicant  is  a
30    registered  voter,  and shall verify the precinct in which he
31    or she is registered and the proper ballots of the  political
32    subdivisions  in  which the applicant resides and is entitled
33    to vote, prior to  providing  any  absentee  ballot  to  such
34    applicant.   The   clerk   shall   verify   the   applicant's
 
SB935 Enrolled              -3-                LRB9102926MWpr
 1    registration  and  from the most recent poll list provided by
 2    the county clerk, and if the applicant is not listed on  that
 3    poll list then by telephoning the office of the county clerk.
 4        Absentee   voting   procedures   in  the  office  of  the
 5    municipal, township and road district clerks shall be subject
 6    to all of the  applicable  provisions  of  this  Article  19.
 7    Pollwatchers  may  be appointed to observe in-person absentee
 8    voting procedures at the office of the municipal, township or
 9    road district clerks' offices where such absentee  voting  is
10    conducted.   Such pollwatchers shall qualify and be appointed
11    in the same manner as provided in Sections  7-34  and  17-23,
12    except  each  candidate,  political  party or organization of
13    citizens may appoint only one pollwatcher for  each  location
14    where  in-person  absentee voting is conducted.  Pollwatchers
15    shall  be  residents  of  the  county   and   possess   valid
16    pollwatcher  credentials.  All  requirements  in this Article
17    applicable  to  election  authorities  shall  apply  to   the
18    respective  local clerks, except where inconsistent with this
19    Section.
20        The sealed absentee ballots  in  their  carrier  envelope
21    shall  be  delivered  by  the  respective  clerks,  or by the
22    election authority on behalf of a clerk if the clerk and  the
23    election authority agree,  to the proper polling place before
24    the close of the polls on the day of the nonpartisan, general
25    primary,   consolidated  primary,  consolidated,  or  general
26    election.
27        Not more than 23 days before the nonpartisan, general and
28    consolidated elections, the county clerk shall make available
29    to  those  municipal,  township  and  road  district   clerks
30    conducting  in-person  absentee  voting within such county, a
31    sufficient  number   of   applications,   absentee   ballots,
32    envelopes,  and  printed  voting instruction slips for use by
33    absentee voters in the offices of such clerks. The respective
34    clerks shall receipt for all ballots received,  shall  return
 
SB935 Enrolled              -4-                LRB9102926MWpr
 1    all  unused or spoiled ballots to the county clerk on the day
 2    of the election and shall strictly account  for  all  ballots
 3    received.
 4        The  ballots  delivered  to  the  respective clerks shall
 5    include  absentee  ballots   for   each   precinct   in   the
 6    municipality,  township  or  road  district, or shall include
 7    such  separate  ballots  for   each   political   subdivision
 8    conducting  an  election  of officers or a referendum on that
 9    election day as will permit any resident of the municipality,
10    township or road district to vote absentee in the  office  of
11    the proper clerk.
12        The  clerks  of  all  municipalities,  townships and road
13    districts may distribute applications for absentee ballot for
14    the use of voters who wish to mail such applications  to  the
15    appropriate   election  authority.    Such  applications  for
16    absentee ballots shall be  made  on  forms  provided  by  the
17    election   authority.   Duplication  of  such  forms  by  the
18    municipal, township or road district clerk is prohibited.
19    (Source: P.A. 86-875.)

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