Illinois General Assembly - Full Text of Public Act 096-0553
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Public Act 096-0553


 

Public Act 0553 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0553
 
SB2022 Enrolled LRB096 06039 JAM 16121 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 19-1, 19-2, 19-3, and 19-5 as follows:
 
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)
    Sec. 19-1. Any qualified elector of the State of Illinois
having duly registered where such registration is required who
will be unable to enter his or her precinct polling place
without violating Section 11-9.3 of the Criminal Code of 1961
or who expects to be absent from the county in which he is a
qualified elector or who because of being appointed a judge of
election in a precinct other than the precinct in which he
resides or who because of physical incapacity or the tenets of
his religion in the observance of a religious holiday or who
because of election duties for the office of an Election
Authority or the State Board of Elections or who because of
election duties for a law enforcement agency, including but not
limited to the offices of the Attorney General, a State's
Attorney, a United States Attorney, or a State, county, or
municipal police department, or who, because he is temporarily
abiding outside the precinct in which he is registered to vote
due to the fact he is a student attending an institution of
higher education or who is serving as a sequestered juror on a
State or federal jury, or who because of his or her confinement
or detention in a jail pending acquittal or conviction of a
crime, will be unable to be present at the polls on the day of
holding any special, general or primary election at which any
presidential preference is indicated or any candidates are
chosen or elected, for any congressional, State, district,
county, town, city, village, precinct or judicial offices or at
which questions of public policy are submitted, may vote at
such election as hereinafter in this Article provided.
    Each Election Authority, law enforcement agency, and the
State Board of Elections shall compile and keep current a list
of his or its officers or employees who are eligible to vote
under this Article by reason of election duties.
    For purposes of this Article 19, a physically incapacitated
voter marks his or her ballot "personally" when the voter
exercises his or her physical abilities to their reasonable
limit in marking the ballot, and marking personally may include
instructing the person assisting the incapacitated voter when
giving such instruction represents the reasonable limit of the
physical abilities.
(Source: P.A. 94-637, eff. 1-1-06; 95-440, eff. 8-27-07.)
 
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
    Sec. 19-2. Any elector as defined in Section 19-1 who will
be unable to enter his or her precinct polling place without
violating Section 11-9.3 of the Criminal Code of 1961 or who is
expecting to be absent from the county of his residence or any
such elector who because of being appointed a judge of election
in a precinct other than the precinct in which he resides or
who because of physical incapacity or the tenets of his
religion in the observance of a religious holiday or who
because of election duties for the office of an Election
Authority, the State Board of Elections, or a law enforcement
agency, or who because of his or her confinement or detention
in a jail pending acquittal or conviction of a crime, will be
unable to be present at the polls on the day of such election
may by mail, not more than 40 nor less than 5 days prior to the
date of such election, or by personal delivery not more than 40
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.
(Source: P.A. 94-637, eff. 1-1-06; 95-440, eff. 8-27-07.)
 
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
    Sec. 19-3. Application for such ballot shall be made on
blanks to be furnished by the election authority and
duplication of such application for ballot is prohibited,
except by the election authority. The application for ballot
shall be substantially in the following form:
APPLICATION FOR ABSENTEE BALLOT
BY ELECTOR WHO EXPECTS TO BE
ABSENT FROM COUNTY
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by absentee
ballot expect to be absent from the county of my residence on
the date of holding such election, and that I will have no
opportunity to vote in person on that day.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am absent from the
county of my residence, 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.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
    However, if application is made for a primary election
ballot, such application shall designate the name of the
political party with which the applicant is affiliated.
APPLICATION FOR BALLOT
BY ELECTOR WHO IS JUDGE OF ELECTION
IN A PRECINCT OTHER THAN THE PRECINCT
IN WHICH HE RESIDES
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) last past; that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that I am a judge of election in
.... precinct or the (1) *.... ward in the city of .... or (2)
*township of .... or (3) *city, village or incorporated town of
.... in such county and that I will have no opportunity of
voting in person on that day:
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I serve as a judge of
election in such last named precinct, 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.
    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:
....
APPLICATION FOR BALLOT
BY PHYSICALLY INCAPACITATED ELECTOR
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) last past; that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that I shall be physically
incapable of being present at the polls of such precinct on the
date of holding such election for the following reasons:
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am so physically
incapacitated, 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 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:
.............................................................
APPLICATION FOR BALLOT
BY CHILD SEX OFFENDER ELECTOR
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) last past; that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that my assigned precinct polling
place is in a school and I will be unable to enter the polling
place without violating Section 11-9.3 of the Criminal Code of
1961.
    I hereby make application for an official ballot or ballots
to be voted by me at such election because my assigned precinct
polling place is in a school and I will be unable to enter the
polling place without violating Section 11-9.3 of the Criminal
Code of 1961, 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 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:
.............................................................
APPLICATION FOR BALLOT
BY ELECTOR OBSERVING RELIGIOUS HOLIDAY
    To be voted at the .... election in the county of ....
State of Illinois, in the .... precinct (1) *township of ....
(2) *City of .... or (3) *.... ward in the City of ....
    I state that I am affiliated with the .... party (to be
used in primary elections) and that I am a resident of the ....
precinct of the (1) *township of .... (2) *City of .... or (3)
*.... ward in the city of .... residing at .... in such city or
town in the county of .... and State of Illinois; that I have
lived at such address for .... month(s) past, that I am
lawfully entitled to vote in such precinct at the .... election
to be held therein on ....; that I shall be unable to be
present at the polls of such precinct on the date of holding
such election because of the tenets of my religion in the
observance of a religious holiday.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am so unable to be
present at the polls of such precinct on the date of the
election because of the tenets of my religion in the observance
of a religious holiday, and I agree that I shall return the
ballot or ballots to the official issuing the same prior to the
closing of the polls on the date of the 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:
.............................................................
APPLICATION FOR BALLOT
BY ELECTOR WHO IS AN ELECTION EMPLOYEE
OF STATE'S ATTORNEY, COUNTY CLERK OR
BOARD OF ELECTION COMMISSIONERS
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; that I am employed in the office of the
(State's Attorney of .... County) (County Clerk of .... County)
(Board of Election Commissioners of the (City) (County) of ....
and that because of election duties on the date of holding such
election I will have no opportunity to vote in person on that
day.
    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.
    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:
.............................................................
    Provided, that if application be made for a primary
election ballot, such application shall designate the name of
the political party with which the applicant is affiliated.
APPLICATION FOR
TEMPORARILY ABSENT STUDENT BALLOT
    To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; that I am temporarily abiding outside
such precinct in the (1) *township of .... (2) *City of .... in
the county of .... and State of .... due to the fact I am a
student attending an institution of higher education, and for
that reason do not expect to have an opportunity to vote in
person on that day.
    I hereby make application for an official ballot or ballots
to be voted by me at such election if I am absent from the
precinct of my residence, 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.
    Under penalties as provided by law pursuant to Section
29-10 of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
.........................
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
.............................................................
    However, if application is made for a primary election
ballot, such application shall designate the name of the
political party with which the applicant is affiliated.
    In lieu of the separate application blanks heretofore
prescribed, the election authority may adopt a standard
application blank in substantially the following form for all
categories of absentee voters:
APPLICATION FOR
ABSENT VOTER'S BALLOT
    To be voted at the ....... election in the County of
....... and State of Illinois, in the ...... precinct of the
(1) *township of ...... (2) *City of ...... or (3) *...... ward
in the City of ............
    I state that I am a resident of the ...... precinct of the
(1) *township of ...... (2) *City of ........ or (3) *........
ward in the City of ...... residing at .......... in such city
or town in the county of ...... and State of Illinois; that I
have lived at such address for ...... months last past; that I
am lawfully entitled to vote in such precinct at a ......
election to be held therein on ......; and that I will be
unable to vote in person at the polls of such precinct for the
following reasons:
(Check One)
         I expect to be absent from my county of residence.
         I expect to be temporarily absent from the country.
         I shall be serving as a judge of election in the
         ........ precinct which is not my precinct of
         residence.
         I shall be observing a religious holiday in
         accordance with the tenets of my religion.
         I shall be performing official election duties
         for an Election Authority ....................,
                                   (election authority) 
         .................... or the State Board of 
Elections.
         (location)
        I shall be performing election law enforcement
         duties in the employment of ......................,
                                    (law enforcement agency)
         ................
         (location)
        I am temporarily abiding in the (1) *township of ....
(2) *city of .... in the county of .... and State of .... due to
the fact I am a student attending an institution of higher
education.
        I am physically incapacitated.
        Reason(s):
         I have been called for jury duty on said day by
        ..................
        (court jurisdiction)
    I hereby make application for an official ballot or ballots
to be voted by me at such election and agree that I shall
return the ballot or ballots to the election official issuing
the same in sufficient time for such official to deliver the
ballot or ballots to the proper polling place prior to the
closing of the polls on the date of the 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:
........................
    Provided, that if application is made for a primary
election, such application shall designate the name of the
political party with which applicant is affiliated.
(Source: P.A. 95-440, eff. 8-27-07.)
 
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
    Sec. 19-5. It shall be the duty of the election authority
to fold the ballot or ballots in the manner specified by the
statute for folding ballots prior to their deposit in the
ballot box, and to enclose such ballot or ballots in an
envelope unsealed to be furnished by him, which envelope shall
bear upon the face thereof the name, official title and post
office address of the election authority, and upon the other
side if the ballot is to go to an elector who is to be out of
the county on the day of the election a printed certification
in substantially the following form:
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; and that I am lawfully
entitled to vote in such precinct at the .... election to be
held on ....; and I expect to be absent from the county of my
residence on the date of such election.
*fill in either (1), (2) or (3).
    I further state that I personally marked the enclosed
ballot in secret.
    Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
.......................
    If the ballot is to go to an elector who is physically
incapacitated and needs assistance marking the ballot, the
envelope shall bear upon the back thereof a certification in
substantially the following form:
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; that I am lawfully entitled
to vote in such precinct at the .... election to be held on
....; that I am shall be physically incapable of personally
marking the ballot for being present at the polls of such
precinct on the date of holding such election.
*fill in either (1), (2) or (3).
    I further state that I personally marked the enclosed
ballot in secret. If I received assistance in casting my
ballot, I further attest that, due to physical incapacity, 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 who is voting absentee by
reason of 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.
    If the ballot is to go to an elector who will be unable to
enter his or her precinct polling place without violating
Section 11-9.3 of the Criminal Code of 1961, the envelope shall
bear upon the back thereof a certification in substantially the
following form:
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in said city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; that I am lawfully entitled
to vote in such precinct at the .... election to be held on
....; that my assigned precinct polling place is in a school
and I will be unable to enter the polling place without
violating Section 11-9.3 of the Criminal Code of 1961.
*fill in either (1), (2), or (3).
    I further state that I personally marked the enclosed
ballot in secret.
    Under penalties of perjury as provided by law pursuant to
Section 29-10 of the Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
......................
    If the ballot is to go to an elector who is unable to be
present at the polls on the date of the election because of the
observance of a religious holiday, the envelope shall bear upon
the back thereof a certification in substantially the following
form:
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in said city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; that I am lawfully entitled
to vote in such precinct at the .... election to be held on
....; that I shall be unable to be present at the polls of such
precinct on the date of holding such election because of the
tenets of my religion in the observance of a religious holiday.
*fill in either (1), (2) or (3).
    I further state that I personally marked the enclosed
ballot in secret.
    Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
......................
    If the ballot is to go to an elector who is unable to be
present at the polls on the date of the election because he or
she is confined or detained in jail pending acquittal or
conviction of a crime, the envelope shall bear upon the back
thereof a certification in substantially the following form:
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of.... or (3) *.... ward in the
city of .... residing at .... in that city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; that I am lawfully entitled
to vote in such precinct at the .... election to be held on
....; that I shall be unable to be present at the polls of such
precinct on the date of holding such election because of my
confinement or detention in jail pending acquittal or
conviction of a crime.
*fill in either (1), (2) or (3).
    I further state that I personally marked the enclosed
ballot in secret.
    Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
......................
    If the ballot is to go to an elector who is temporarily
abiding outside the precinct in which he is registered to vote
due to the fact he is a student attending an institution of
higher education the envelope shall bear upon the back thereof
a certification in substantially the following form:
    I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; that I am lawfully entitled
to vote in such precinct at the .... election to be held on
....; and I expect to be absent from the precinct of my
residence on the date of such election because I am temporarily
abiding outside such precinct in the (1) *township of .... (2)
*city of .... in the county of .... and State of .... due to the
fact I am a student attending an institution of higher
education.
*fill in either (1), (2) or (3).
    I further state that I personally marked the enclosed
ballot in secret.
    Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
.......................
    If the election authority adopts the standard absentee
ballot application blank provided in Section 19-3, the printed
certification on the absentee ballot envelope shall be in
substantially the following form:
    I state that I am a resident of the ...... precinct of the
(1) *township of..... (2) *City of ..... or (3) *....... ward
in the city of ....... residing at ..... in said city or town
in the county of ...... and State of Illinois, that I have
lived at such address for .... months last past; that I shall
be unable to be present at the polls of such precinct on the
date of holding such election for the reason indicated on the
application for ballot enclosed herein.
*fill in either (1), (2) or (3).
    I further state that I personally marked the enclosed
ballot in secret. If I received assistance in casting my
ballot, I further attest that, due to physical incapacity, I
marked the enclosed ballot in secret with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
    Under penalties of perjury 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 physically incapacitated voter voter who
is voting absentee by reason of 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.
    Provided, that if the ballot enclosed is to be voted at a
primary election, the certification shall designate the name of
the political party with which the voter is affiliated.
    In addition to the above, the election authority shall
provide printed slips giving full instructions regarding the
manner of marking and returning the ballot in order that the
same may be counted, and shall furnish one of such printed
slips to each of such applicants at the same time the ballot is
delivered to him. Such instructions shall include the following
statement: "In signing the certification on the absentee ballot
envelope, you are attesting that you personally marked this
absentee ballot in secret. If you are physically unable to mark
the ballot, a friend or relative may assist you after
completing the enclosed affidavit. Federal and State laws
prohibit a candidate whose name appears on the ballot (unless
you are the spouse or a parent, child, brother, or sister of
the candidate), your employer, your employer's agent or an
officer or agent of your union from assisting physically
disabled voters."
    In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
(Source: P.A. 94-637, eff. 1-1-06; 95-440, eff. 8-27-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/17/2009