Bill Text: IL HB0194 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Election Code. Eliminates the requirement that a voter declare party affiliation when voting at a primary election. Provides that the voter shall receive the primary ballot of each of the established political parties nominating candidates for office at the primary election but may cast a ballot of only one political party, except in certain cases involving statewide political parties and political parties established only within a political subdivision. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0194 Detail]
Download: Illinois-2015-HB0194-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||||||||||||
5 | Sections 7-43, 7-44,
19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1, | |||||||||||||||||||||||||||||||||||||||||||
6 | 20-3, 20-5, and 20-8 and by adding Sections 19-4.5 and 20-4.5 | |||||||||||||||||||||||||||||||||||||||||||
7 | as follows:
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8 | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
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9 | Sec. 7-43. Every person having resided in this State 6 | |||||||||||||||||||||||||||||||||||||||||||
10 | months and
in the precinct 30 days next preceding any primary | |||||||||||||||||||||||||||||||||||||||||||
11 | therein who shall be
a citizen of the United States of the age | |||||||||||||||||||||||||||||||||||||||||||
12 | of 18 or more
years shall be
entitled to vote at such primary.
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13 | The following regulations shall be applicable to | |||||||||||||||||||||||||||||||||||||||||||
14 | primaries:
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15 | No person shall be entitled to vote at a primary:
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16 | (a) Unless he declares his party affiliations as | |||||||||||||||||||||||||||||||||||||||||||
17 | required by this
Article.
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18 | (b) (Blank).
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19 | (c) (Blank).
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20 | (c.5) If that person has participated in the town | |||||||||||||||||||||||||||||||||||||||||||
21 | political party caucus,
under Section 45-50 of the | |||||||||||||||||||||||||||||||||||||||||||
22 | Township Code, of another political party by
signing an | |||||||||||||||||||||||||||||||||||||||||||
23 | affidavit of voters attending the caucus within 45 days |
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1 | before the
first day of the calendar month in which the | ||||||
2 | primary is held.
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3 | (d) (Blank).
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4 | In cities, villages and incorporated towns having a | ||||||
5 | board of
election commissioners only voters registered as | ||||||
6 | provided by Article 6
of this Act shall be entitled to vote | ||||||
7 | at such primary.
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8 | No person shall be entitled to vote at a primary unless | ||||||
9 | he is
registered under the provisions of Articles 4, 5 or 6 | ||||||
10 | of this Act, when
his registration is required by any of | ||||||
11 | said Articles to entitle him to
vote at the election with | ||||||
12 | reference to which the primary is held.
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13 | A person (i) who filed a statement of candidacy for a | ||||||
14 | partisan office as a qualified primary voter of an established | ||||||
15 | political party or (ii) who voted the ballot of an established | ||||||
16 | political party at a general primary election may not file a | ||||||
17 | statement of candidacy as a candidate of a different | ||||||
18 | established political party or as an independent candidate for | ||||||
19 | a partisan office to be filled at the general election | ||||||
20 | immediately following the general primary for which the person | ||||||
21 | filed the statement or voted the ballot. A person may file a | ||||||
22 | statement of candidacy for a partisan office as a qualified | ||||||
23 | primary voter of an established political party regardless of | ||||||
24 | any prior filing of candidacy for a partisan office or voting | ||||||
25 | the ballot of an established political party at any prior | ||||||
26 | election. |
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1 | (Source: P.A. 97-681, eff. 3-30-12; 98-463, eff. 8-16-13.)
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2 | (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
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3 | Sec. 7-44. Voter choice of primary ballot. | ||||||
4 | (a) Any person desiring to vote at a primary shall state | ||||||
5 | his
or her name and ,
residence and party affiliation to the | ||||||
6 | primary judges, one of whom shall
thereupon announce the same | ||||||
7 | in a distinct tone of voice, sufficiently loud
to be heard by | ||||||
8 | all persons in the polling place. When article 4, 5 or 6
is | ||||||
9 | applicable the Certificate of Registered Voter therein | ||||||
10 | prescribed shall
be made and signed and the official poll | ||||||
11 | record shall be made. If the
person desiring to vote is not | ||||||
12 | challenged, one of the primary judges shall
give to him or her | ||||||
13 | one , and only one, primary ballot of each of the
established | ||||||
14 | political
parties nominating candidates for office at the | ||||||
15 | primary election, but the
voter may
cast a ballot of only one | ||||||
16 | political party, except as otherwise provided in
subsection (b)
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17 | party with
which he declares himself affiliated , on the back of | ||||||
18 | which the
such
primary
judge shall endorse his or her initials | ||||||
19 | in such manner that they may be
seen when
the primary ballot is | ||||||
20 | properly folded. If the person desiring to vote is
challenged | ||||||
21 | he or she shall not receive a primary ballot from the primary
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22 | judges
until he or she shall have established his or her right | ||||||
23 | to vote as
hereinafter provided in this Article .
No person who | ||||||
24 | refuses to state his party affiliation shall be allowed to
vote | ||||||
25 | at a primary.
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1 | (b) A person who casts a ballot of
declares his party | ||||||
2 | affiliation
with a
statewide established
political party and | ||||||
3 | requests a primary ballot of such party may nonetheless
also | ||||||
4 | declare his affiliation with a political party established only | ||||||
5 | within
a political subdivision, and may also vote in the | ||||||
6 | primary of a
such
local political
party established only within | ||||||
7 | a political subdivision on the same election
day, provided that | ||||||
8 | the
such voter may not vote in
both such party primaries with | ||||||
9 | respect to offices of the same political
subdivision. However, | ||||||
10 | no person casting a ballot of
declaring his
affiliation with a | ||||||
11 | statewide
established political party may vote in the primary | ||||||
12 | of any other statewide
political party on the same election | ||||||
13 | day.
Each party's primary ballot shall include a space for the | ||||||
14 | voter to mark, indicating that political party as the party for | ||||||
15 | which the voter cast his or her votes. The voter may mark the | ||||||
16 | space on the
ballot of only one political party indicating that | ||||||
17 | party, except as otherwise
provided in this Section.
If the | ||||||
18 | voter desires to cast his or her ballot of a statewide | ||||||
19 | political party
and a political party established only within a | ||||||
20 | political subdivision, the
voter may indicate that choice by | ||||||
21 | marking the space provided on the ballot of
the statewide | ||||||
22 | political party and by also marking the space provided on the
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23 | ballot of the political party established only within a | ||||||
24 | political
subdivision. If the voter does not mark the space on | ||||||
25 | the primary ballot
indicating the political party in which the | ||||||
26 | voter cast his or her ballot, or
marks more than one such |
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1 | space, the judges of election shall count only the
votes of the | ||||||
2 | political party in which the voter cast a vote for the office
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3 | nearest the top of the ballot.
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4 | (Source: P.A. 81-1535.)
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5 | (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | ||||||
6 | Sec. 19-2.1. In-person absentee voting in the office of the | ||||||
7 | municipal, township, or road district clerks. At the | ||||||
8 | consolidated primary, general primary,
consolidated, and | ||||||
9 | general elections, electors entitled
to vote
by absentee ballot | ||||||
10 | under the provisions of Section 19-1
may vote in person at the | ||||||
11 | office of the municipal clerk, if the elector
is a resident of | ||||||
12 | a municipality not having a board of election commissioners,
or | ||||||
13 | at the office of the township clerk or, in counties not under | ||||||
14 | township
organization, at the office of the road district clerk | ||||||
15 | if the elector is
not a resident of a municipality; provided, | ||||||
16 | in each case that the municipal,
township or road district | ||||||
17 | clerk, as the case may be, is authorized to conduct
in-person | ||||||
18 | absentee voting pursuant to this Section. Absentee voting in | ||||||
19 | such
municipal and township clerk's offices under this Section | ||||||
20 | shall be
conducted from the 22nd day through the day before the | ||||||
21 | election. | ||||||
22 | Municipal and township clerks (or road district clerks) who | ||||||
23 | have regularly
scheduled working hours at regularly designated | ||||||
24 | offices other than a place
of residence and whose offices are | ||||||
25 | open for business during the same hours
as the office of the |
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1 | election authority shall conduct in-person absentee
voting for | ||||||
2 | said elections. Municipal and township clerks (or road district
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3 | clerks) who have no regularly scheduled working hours but who | ||||||
4 | have regularly
designated offices other than a place of | ||||||
5 | residence shall conduct in-person
absentee voting for said | ||||||
6 | elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | ||||||
7 | a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | ||||||
8 | Saturdays, but not during such hours as the office of the | ||||||
9 | election
authority is closed, unless the clerk files a written | ||||||
10 | waiver with the
election authority not later than July 1 of | ||||||
11 | each year stating that he or
she is unable to conduct such | ||||||
12 | voting and the reasons therefor. Such clerks
who conduct | ||||||
13 | in-person absentee voting may extend their hours for that
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14 | purpose to include any hours in which the election authority's | ||||||
15 | office is
open. Municipal and township clerks (or
road district | ||||||
16 | clerks) who have no regularly scheduled office hours and no
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17 | regularly designated offices other than a place of residence | ||||||
18 | may not conduct
in-person absentee voting for said elections. | ||||||
19 | The election authority may
devise alternative methods for | ||||||
20 | in-person absentee voting before said elections
for those | ||||||
21 | precincts located within the territorial area of a municipality
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22 | or township (or road district) wherein the clerk of such | ||||||
23 | municipality or
township (or road district) has waived or is | ||||||
24 | not entitled to conduct such
voting.
In addition, electors may | ||||||
25 | vote by absentee ballot under the provisions of
Section 19-1 at | ||||||
26 | the office of the election authority having jurisdiction
over |
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1 | their residence. Unless specifically authorized by the | ||||||
2 | election authority, municipal,
township, and road district | ||||||
3 | clerks shall not conduct in-person absentee
voting. No less | ||||||
4 | than 45 days
before the date of an election, the election | ||||||
5 | authority shall notify the
municipal, township, and road | ||||||
6 | district clerks within its jurisdiction if
they are to conduct | ||||||
7 | in-person absentee voting. Election authorities, however, may | ||||||
8 | conduct in-person absentee voting in one or more designated
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9 | appropriate public buildings from the fourth
day before the | ||||||
10 | election through
the day before the election.
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11 | In conducting in-person absentee voting under this | ||||||
12 | Section, the respective
clerks shall be required to verify the | ||||||
13 | signature of the absentee
voter by comparison with the | ||||||
14 | signature on the official registration
record card. The clerk | ||||||
15 | also shall reasonably ascertain the identity
of such applicant, | ||||||
16 | shall verify that each such applicant is a registered
voter, | ||||||
17 | and shall verify the precinct in which he or she is registered
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18 | and the proper ballots of the political subdivisions in which | ||||||
19 | the
applicant resides and is entitled to vote, prior to | ||||||
20 | providing any
absentee ballot to such applicant. The clerk | ||||||
21 | shall verify the
applicant's registration and from the most | ||||||
22 | recent poll list provided by
the county clerk, and if the | ||||||
23 | applicant is not listed on that poll list
then by telephoning | ||||||
24 | the office of the county clerk. | ||||||
25 | Within one day after a voter casts an in-person absentee | ||||||
26 | ballot, the appropriate election authority shall transmit by |
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1 | electronic means pursuant to a process established by the State | ||||||
2 | Board of Elections the voter's name, street address, e-mail | ||||||
3 | address, and precinct, ward, township, and district numbers, as | ||||||
4 | the case may be, to the State Board of Elections, which shall | ||||||
5 | maintain those names and that information in an electronic | ||||||
6 | format on its website, arranged by county and accessible to | ||||||
7 | State and local political committees. | ||||||
8 | Absentee voting procedures in the office of the municipal, | ||||||
9 | township
and road district clerks shall be subject to all of | ||||||
10 | the applicable
provisions of this Article 19 , including, | ||||||
11 | without limitation, those procedures relating to primary | ||||||
12 | ballots .
Pollwatchers may be appointed to observe in-person | ||||||
13 | absentee voting
procedures and view all reasonably requested | ||||||
14 | records relating to the conduct of the election, provided the | ||||||
15 | secrecy of the ballot is not impinged, at the office of the | ||||||
16 | municipal, township or road district
clerks' offices where such | ||||||
17 | absentee voting is conducted. Such pollwatchers
shall qualify | ||||||
18 | and be appointed in the same manner as provided in Sections
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19 | 7-34 and 17-23, except each candidate, political party or
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20 | organization of citizens may appoint only one pollwatcher for | ||||||
21 | each location
where in-person absentee voting is conducted. | ||||||
22 | Pollwatchers must
be registered to vote in Illinois and possess
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23 | valid pollwatcher credentials.
All requirements in this | ||||||
24 | Article
applicable to election authorities shall apply to the | ||||||
25 | respective local
clerks, except where inconsistent with this | ||||||
26 | Section. |
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1 | The sealed absentee ballots in their carrier envelope shall | ||||||
2 | be
delivered by the respective clerks, or by the election | ||||||
3 | authority on behalf of
a clerk if the clerk and the election
| ||||||
4 | authority agree, to the election authority's central ballot | ||||||
5 | counting location
before the close of the polls on the day of | ||||||
6 | the general primary,
consolidated primary, consolidated, or | ||||||
7 | general election. | ||||||
8 | Not more than 23 days before the general and consolidated
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9 | elections, the county clerk shall make available to those
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10 | municipal, township and road district clerks conducting | ||||||
11 | in-person absentee
voting within such county, a sufficient
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12 | number of applications, absentee ballots, envelopes, and | ||||||
13 | printed voting
instruction slips for use by absentee voters in | ||||||
14 | the offices of such
clerks. The respective clerks shall receipt | ||||||
15 | for all ballots received,
shall return all unused or spoiled | ||||||
16 | ballots to the county clerk on the
day of the election and | ||||||
17 | shall strictly account for all ballots received. | ||||||
18 | The ballots delivered to the respective clerks shall | ||||||
19 | include absentee
ballots for each precinct in the municipality, | ||||||
20 | township or road
district, or shall include such separate | ||||||
21 | ballots for each political
subdivision conducting an election | ||||||
22 | of officers or a referendum on that
election day as will permit | ||||||
23 | any resident of the municipality, township
or road district to | ||||||
24 | vote absentee in the office of the proper clerk. | ||||||
25 | The clerks of all municipalities, townships and road | ||||||
26 | districts may
distribute applications for absentee ballot for |
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1 | the use of voters who
wish to mail such applications to the | ||||||
2 | appropriate election authority. Any person may produce, | ||||||
3 | reproduce, distribute, or return to an election authority the | ||||||
4 | application for absentee ballot. Upon receipt, the appropriate | ||||||
5 | election authority shall accept and promptly process any | ||||||
6 | application for absentee ballot.
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7 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
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8 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
9 | Sec. 19-3. The
application for absentee ballot shall be | ||||||
10 | substantially in the
following form: | ||||||
11 | APPLICATION FOR ABSENTEE BALLOT | ||||||
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 a resident of the .... precinct of the | ||||||
16 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
17 | the city of
.... residing at .... in such city or town in the | ||||||
18 | county of .... and
State of Illinois; that I have lived at such | ||||||
19 | address for .... month(s)
last past; that I am lawfully | ||||||
20 | entitled to vote in such precinct at the
.... election to be | ||||||
21 | held therein on ....; and that I wish to vote by absentee | ||||||
22 | ballot. | ||||||
23 | I hereby make application for an official ballot or ballots | ||||||
24 | to be
voted by me at such election, and I agree that I shall | ||||||
25 | return such ballot or ballots to the
official issuing the same |
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1 | prior to the closing of the polls on the date
of the election | ||||||
2 | or, if returned by mail, postmarked no later than midnight | ||||||
3 | preceding election day, for counting no later than during the | ||||||
4 | period for counting provisional ballots, the last day of which | ||||||
5 | is the 14th day following election day. | ||||||
6 | I understand that this application is made for an official | ||||||
7 | absentee ballot or ballots to be voted by me at the election | ||||||
8 | specified in this application and that I must submit a separate | ||||||
9 | application for an official absentee ballot or ballots to be | ||||||
10 | voted by me at any subsequent election. | ||||||
11 | Under penalties as provided by law pursuant to Section | ||||||
12 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
13 | statements set forth
in this application are true and correct. | ||||||
14 | .... | ||||||
15 | *fill in either (1), (2) or (3). | ||||||
16 | Post office address to which ballot is mailed: | ||||||
17 | ............... | ||||||
18 | However, if application is made for a primary election | ||||||
19 | ballot, such
application shall require the applicant to | ||||||
20 | designate the name of the political party with which
the | ||||||
21 | applicant is affiliated. | ||||||
22 | If application is made electronically, the applicant shall | ||||||
23 | mark the box associated with the above described statement | ||||||
24 | included as part of the online application certifying that the | ||||||
25 | statements set forth in this application are true and correct, | ||||||
26 | and a signature is not required. |
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1 | Any person may produce, reproduce, distribute, or return to | ||||||
2 | an election authority the application for absentee ballot. Upon | ||||||
3 | receipt, the appropriate election authority shall accept and | ||||||
4 | promptly process any application for absentee ballot submitted | ||||||
5 | in a form substantially similar to that required by this | ||||||
6 | Section, including any substantially similar production or | ||||||
7 | reproduction generated by the applicant. | ||||||
8 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| ||||||
9 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
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10 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
11 | Immediately upon
the receipt of such application either by mail | ||||||
12 | or electronic means, not more than 40 days
nor less than 5 days | ||||||
13 | prior to such election, or by personal delivery not
more than | ||||||
14 | 40 days nor less than one day prior to such election, at the
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15 | office of such election authority, it shall be the duty of such | ||||||
16 | election
authority to examine the records to ascertain whether | ||||||
17 | or not such
applicant is lawfully entitled to vote as
| ||||||
18 | requested, including a verification of the applicant's | ||||||
19 | signature by comparison with the signature on the official | ||||||
20 | registration record card, and if found so to be entitled to | ||||||
21 | vote, to post within one business day thereafter
the name, | ||||||
22 | street address,
ward and precinct number or township and | ||||||
23 | district number, as the case may be,
of such applicant given on | ||||||
24 | a list, the pages of which are to be numbered
consecutively to | ||||||
25 | be kept by such election authority for such purpose in a
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1 | conspicuous, open and public place accessible to the public at | ||||||
2 | the entrance of
the office of such election authority, and in | ||||||
3 | such a manner that such list may
be viewed without necessity of | ||||||
4 | requesting permission therefor. Within one
day after posting | ||||||
5 | the name and other information of an applicant for
an absentee | ||||||
6 | ballot, the election authority shall transmit by electronic | ||||||
7 | means pursuant to a process established by the State Board of | ||||||
8 | Elections that name and other
posted information to the State | ||||||
9 | Board of Elections, which shall maintain those
names and other | ||||||
10 | information in an electronic format on its website, arranged by
| ||||||
11 | county and accessible to State and local political committees. | ||||||
12 | Within 2
business days after posting a name and other | ||||||
13 | information on the list within
its
office, the election | ||||||
14 | authority shall mail,
postage prepaid, or deliver in person in | ||||||
15 | such office an official ballot
or ballots if more than one are | ||||||
16 | to be voted at said election or if Section 19-4.5 applies . Mail | ||||||
17 | delivery
of Temporarily Absent Student ballot applications | ||||||
18 | pursuant to Section
19-12.3 shall be by nonforwardable mail. | ||||||
19 | However,
for the consolidated election, absentee ballots for | ||||||
20 | certain precincts may
be delivered to applicants not less than | ||||||
21 | 25 days before the election if
so much time is required to have | ||||||
22 | prepared and printed the ballots containing
the names of | ||||||
23 | persons nominated for offices at the consolidated primary.
The | ||||||
24 | election authority shall enclose with each absentee ballot or
| ||||||
25 | application written instructions on how voting assistance | ||||||
26 | shall be provided
pursuant to Section 17-14 and a document, |
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| |||||||
1 | written and approved by the State
Board of Elections,
| ||||||
2 | enumerating
the circumstances under which a person is | ||||||
3 | authorized to vote by absentee
ballot pursuant to this Article; | ||||||
4 | such document shall also include a
statement informing the | ||||||
5 | applicant that if he or she falsifies or is
solicited by | ||||||
6 | another to falsify his or her
eligibility to cast an absentee | ||||||
7 | ballot, such applicant or other is subject
to
penalties | ||||||
8 | pursuant to Section 29-10 and Section 29-20 of the Election | ||||||
9 | Code.
Each election authority shall maintain a list of the | ||||||
10 | name, street address,
ward and
precinct, or township and | ||||||
11 | district number, as the case may be, of all
applicants who have | ||||||
12 | returned absentee ballots to such authority, and the name of | ||||||
13 | such absent voter shall be added to such list
within one | ||||||
14 | business day from receipt of such ballot.
If the absentee | ||||||
15 | ballot envelope indicates that the voter was assisted in
| ||||||
16 | casting the ballot, the name of the person so assisting shall | ||||||
17 | be included on
the list. The list, the pages of which are to be | ||||||
18 | numbered consecutively,
shall be kept by each election | ||||||
19 | authority in a conspicuous, open, and public
place accessible | ||||||
20 | to the public at the entrance of the office of the election
| ||||||
21 | authority and in a manner that the list may be viewed without | ||||||
22 | necessity of
requesting permission for viewing.
| ||||||
23 | Each election authority shall maintain a list for each | ||||||
24 | election
of the
voters to whom it has issued absentee ballots. | ||||||
25 | The list shall be
maintained for each precinct within the | ||||||
26 | jurisdiction of the election
authority. Prior to the opening of |
| |||||||
| |||||||
1 | the polls on election day, the
election authority shall deliver | ||||||
2 | to the judges of election in each
precinct the list of | ||||||
3 | registered voters in that precinct to whom absentee
ballots | ||||||
4 | have been issued by mail.
| ||||||
5 | Each election authority shall maintain a list for each | ||||||
6 | election of
voters to whom it has issued temporarily absent | ||||||
7 | student ballots. The list
shall be maintained for each election | ||||||
8 | jurisdiction within which such voters
temporarily abide. | ||||||
9 | Immediately after the close of the period during which
| ||||||
10 | application may be made by mail or electronic means for | ||||||
11 | absentee ballots, each election
authority shall mail to each | ||||||
12 | other election authority within the State a
certified list of | ||||||
13 | all such voters temporarily abiding within the
jurisdiction of | ||||||
14 | the other election authority.
| ||||||
15 | In the event that the return address of an
application for | ||||||
16 | ballot by a physically incapacitated elector
is that of a | ||||||
17 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
18 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
19 | the ID/DD Community Care Act, within the jurisdiction of the | ||||||
20 | election authority, and the applicant
is a registered voter in | ||||||
21 | the precinct in which such facility is located,
the ballots | ||||||
22 | shall be prepared and transmitted to a responsible judge of
| ||||||
23 | election no later than 9 a.m. on the Saturday, Sunday or Monday | ||||||
24 | immediately
preceding the election as designated by the | ||||||
25 | election authority under
Section 19-12.2. Such judge shall | ||||||
26 | deliver in person on the designated day
the ballot to the |
| |||||||
| |||||||
1 | applicant on the premises of the facility from which
| ||||||
2 | application was made. The election authority shall by mail | ||||||
3 | notify the
applicant in such facility that the ballot will be | ||||||
4 | delivered by a judge of
election on the designated day.
| ||||||
5 | All applications for absentee ballots shall be available at | ||||||
6 | the office
of the election authority for public inspection upon | ||||||
7 | request from the
time of receipt thereof by the election | ||||||
8 | authority until 30 days after the
election, except during the | ||||||
9 | time such applications are kept in the
office of the election | ||||||
10 | authority pursuant to Section 19-7, and except during
the time | ||||||
11 | such applications are in the possession of the judges of | ||||||
12 | election.
| ||||||
13 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
14 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
15 | 98-756, eff. 7-16-14.)
| ||||||
16 | (10 ILCS 5/19-4.5 new)
| ||||||
17 | Sec. 19-4.5. Primary ballots. | ||||||
18 | (a) A person entitled to vote by absentee ballot at a | ||||||
19 | primary shall not be required to declare his or her political | ||||||
20 | party affiliation and shall be provided with the ballots of all | ||||||
21 | established political parties nominating candidates for | ||||||
22 | offices for which the absentee voter is entitled to vote at | ||||||
23 | that primary. That absentee voter may mark, cast, and have | ||||||
24 | counted the primary ballot of only one established political | ||||||
25 | party, except that he or she may mark, cost, and have counted |
| |||||||
| |||||||
1 | the primary ballots of a statewide established political party | ||||||
2 | and a local political party established only within a political | ||||||
3 | subdivision as provided in subsection (b) of Section 7-44. | ||||||
4 | (b) With respect to the marking, casting, and counting of | ||||||
5 | primary ballots, absentee voting shall be conducted in | ||||||
6 | accordance with Sections 7-43 and 7-44 of this Code as well as | ||||||
7 | the provisions of this Article. | ||||||
8 | (c) When voting absentee at a primary by means other than | ||||||
9 | in-person absentee voting, the voter shall be instructed to | ||||||
10 | discard or otherwise destroy any ballots of political parties | ||||||
11 | that the voter does not intend to cast. Such a discarded or | ||||||
12 | destroyed ballot or ballots is not the ballot or ballots the | ||||||
13 | voter agreed in the absentee ballot application to return to | ||||||
14 | the election authority. | ||||||
15 | If a voter subject to this subsection (c) returns to the | ||||||
16 | election authority the ballot of more than one established | ||||||
17 | political party, the judges of election shall determine which | ||||||
18 | votes to count as provided in subsection (b) of Section 7-44.
| ||||||
19 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
20 | Sec. 19-5. It shall be the duty of the election authority | ||||||
21 | to fold the
ballot or ballots in the manner specified by the | ||||||
22 | statute for folding
ballots prior to their deposit in the | ||||||
23 | ballot box, and to enclose such
ballot or ballots in an | ||||||
24 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
25 | bear upon the face thereof the name, official title and
post |
| |||||||
| |||||||
1 | office address of the election authority, and upon the other | ||||||
2 | side
a printed certification in substantially the
following | ||||||
3 | 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 .....
| ||||||
11 | *fill in either (1), (2) or (3).
| ||||||
12 | I further state that I personally marked the enclosed | ||||||
13 | ballot in secret.
| ||||||
14 | Under penalties of perjury as provided by law pursuant to | ||||||
15 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
16 | that the statements set
forth in this certification are true | ||||||
17 | and correct.
| ||||||
18 | .......................
| ||||||
19 | If the ballot is to go to an elector who is physically | ||||||
20 | incapacitated and needs assistance marking the ballot,
the | ||||||
21 | envelope shall bear upon the back thereof a certification in
| ||||||
22 | 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 |
| |||||||
| |||||||
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 am physically incapable
of personally marking the | ||||||
4 | ballot for
such election.
| ||||||
5 | *fill in either (1), (2) or (3).
| ||||||
6 | I further state that I marked the enclosed ballot in secret | ||||||
7 | with the assistance of
| ||||||
8 | .................................
| ||||||
9 | (Individual rendering assistance)
| ||||||
10 | .................................
| ||||||
11 | (Residence Address)
| ||||||
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 | In the case of a voter with a physical
incapacity, marking | ||||||
18 | a ballot in secret includes marking a ballot with the
| ||||||
19 | assistance of another individual, other than a candidate
whose | ||||||
20 | name 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 | In the case of a physically incapacitated voter, marking a | ||||||
26 | ballot in secret includes marking a ballot with the
assistance |
| |||||||
| |||||||
1 | of another individual, other than a candidate
whose name | ||||||
2 | appears on the ballot (unless the voter is the spouse or a
| ||||||
3 | parent, child, brother, or sister of the candidate), the | ||||||
4 | voter's
employer, an
agent of that employer, or an officer or | ||||||
5 | agent of the voter's union, when
the voter's physical | ||||||
6 | incapacity necessitates such assistance.
| ||||||
7 | Provided, that if the ballot enclosed is to be voted at a | ||||||
8 | primary
election, the certification shall designate the name of | ||||||
9 | the political
party with which the voter is affiliated.
| ||||||
10 | In addition to the above, the election authority shall | ||||||
11 | provide
printed slips giving full instructions regarding the | ||||||
12 | manner of marking
and returning the ballot in order that the | ||||||
13 | same may be counted, and
shall furnish one of such printed | ||||||
14 | slips to each of such applicants at
the same time the ballot is | ||||||
15 | delivered to him.
Such instructions shall include the following | ||||||
16 | statement: "In signing the
certification on the absentee ballot | ||||||
17 | envelope, you are attesting that you
personally marked this | ||||||
18 | absentee ballot in secret. If you are physically
unable to mark | ||||||
19 | the ballot, a friend or relative may assist you after
| ||||||
20 | completing the enclosed affidavit. Federal and State laws | ||||||
21 | prohibit a
candidate whose name appears on the ballot (unless | ||||||
22 | you
are the spouse or a parent, child, brother, or sister of | ||||||
23 | the candidate), your
employer, your employer's agent or an | ||||||
24 | officer or agent of your union
from assisting physically | ||||||
25 | disabled voters."
| ||||||
26 | In addition to the above, if a ballot to be provided to an |
| |||||||
| |||||||
1 | elector
pursuant to this Section contains a public question | ||||||
2 | described in subsection
(b) of Section 28-6 and the territory | ||||||
3 | concerning which the question is
to be submitted is not | ||||||
4 | described on the ballot due to the space limitations
of such | ||||||
5 | ballot, the election authority shall provide a printed copy of
| ||||||
6 | a notice of the public question, which shall include a | ||||||
7 | description of the
territory in the manner required by Section | ||||||
8 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
9 | time the ballot is delivered to the
elector.
| ||||||
10 | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| ||||||
11 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
12 | Sec. 19-8. Time and place of counting ballots. | ||||||
13 | (a) (Blank.) | ||||||
14 | (b) Each absent voter's ballot returned to an election | ||||||
15 | authority, by any means authorized by this Article, and | ||||||
16 | received by that election authority before the closing of the | ||||||
17 | polls on election day shall be endorsed by the receiving | ||||||
18 | election authority with the day and hour of receipt and shall | ||||||
19 | be counted in the central ballot counting location of the | ||||||
20 | election authority on the day of the election after 7:00 p.m., | ||||||
21 | except as provided in subsections (g) and (g-5).
| ||||||
22 | (c) Each absent voter's ballot that is mailed to an | ||||||
23 | election authority and postmarked by the midnight preceding the | ||||||
24 | opening of the polls on election day, but that is received by | ||||||
25 | the election authority after the polls close on election day |
| |||||||
| |||||||
1 | and before the close of the period for counting provisional | ||||||
2 | ballots cast at that election, shall be endorsed by the | ||||||
3 | receiving authority with the day and hour of receipt and shall | ||||||
4 | be counted at the central ballot counting location of the | ||||||
5 | election authority during the period for counting provisional | ||||||
6 | ballots. | ||||||
7 | Each absent voter's ballot that is mailed to an election | ||||||
8 | authority absent a postmark, but that is received by the | ||||||
9 | election authority after the polls close on election day and | ||||||
10 | before the close of the period for counting provisional ballots | ||||||
11 | cast at that election, shall be endorsed by the receiving | ||||||
12 | authority with the day and hour of receipt, opened to inspect | ||||||
13 | the date inserted on the certification, and, if the | ||||||
14 | certification date is a date preceding the election day and the | ||||||
15 | ballot is otherwise found to be valid under the requirements of | ||||||
16 | this Section, counted at the central ballot counting location | ||||||
17 | of the election authority during the period for counting | ||||||
18 | provisional ballots. Absent a date on the certification, the | ||||||
19 | ballot shall not be counted.
| ||||||
20 | (d) Special write-in absentee voter's blank ballots | ||||||
21 | returned to an election authority, by any means authorized by | ||||||
22 | this Article, and received by the election authority at any | ||||||
23 | time before the closing of the polls on election day shall be | ||||||
24 | endorsed by the receiving election authority with the day and | ||||||
25 | hour of receipt and shall be counted at the central ballot | ||||||
26 | counting location of the election authority during the same |
| |||||||
| |||||||
1 | period provided for counting absent voters' ballots under | ||||||
2 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
3 | voter's blank ballots that are mailed to an election authority | ||||||
4 | and postmarked by the midnight preceding the opening of the | ||||||
5 | polls on election day, but that are received by the election | ||||||
6 | authority after the polls close on election day and before the | ||||||
7 | closing of the period for counting provisional ballots cast at | ||||||
8 | that election, shall be endorsed by the receiving authority | ||||||
9 | with the day and hour of receipt and shall be counted at the | ||||||
10 | central ballot counting location of the election authority | ||||||
11 | during the same periods provided for counting absent voters' | ||||||
12 | ballots under subsection (c). | ||||||
13 | (e) Except as otherwise provided in this Section, absent | ||||||
14 | voters' ballots and special write-in absentee voter's blank | ||||||
15 | ballots received by the election authority after the closing of | ||||||
16 | the polls on an
election day shall be endorsed by the election | ||||||
17 | authority receiving them
with the day and hour of receipt and | ||||||
18 | shall be safely kept unopened by the
election authority for the | ||||||
19 | period of time required for the preservation of
ballots used at | ||||||
20 | the election, and shall then, without being opened, be
| ||||||
21 | destroyed in like manner as the used ballots of that election.
| ||||||
22 | (f) Counting required under this Section to begin on | ||||||
23 | election day after the closing of the polls shall commence no | ||||||
24 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
25 | panels of election judges appointed in the manner provided
by | ||||||
26 | law. The counting shall continue until all absent voters' |
| |||||||
| |||||||
1 | ballots and special write-in absentee voter's blank ballots | ||||||
2 | required to be counted on election day have been counted.
| ||||||
3 | (g) The procedures set forth in Articles 17 and
18 and, | ||||||
4 | with respect to primaries, in Section 19-4.5 of this Code shall | ||||||
5 | apply to all ballots counted under
this Section. In addition, | ||||||
6 | within 2 days after an absentee ballot, other than an in-person | ||||||
7 | absentee ballot, is received, but in all cases before the close | ||||||
8 | of the period for counting provisional ballots, the election | ||||||
9 | judge or official shall compare the voter's signature on the | ||||||
10 | certification envelope of that absentee ballot with the | ||||||
11 | signature of the voter on file in the office of the election | ||||||
12 | authority. If the election judge or official determines that | ||||||
13 | the 2 signatures match, and that the absentee voter is | ||||||
14 | otherwise qualified to cast an absentee ballot, the election | ||||||
15 | authority shall cast and count the ballot on election day or | ||||||
16 | the day the ballot is determined to be valid, whichever is | ||||||
17 | later, adding the results to the precinct in which the voter is | ||||||
18 | registered. If the election judge or official determines that | ||||||
19 | the signatures do not match, or that the absentee voter is not | ||||||
20 | qualified to cast an absentee ballot, then without opening the | ||||||
21 | certification envelope, the judge or official shall mark across | ||||||
22 | the face of the certification envelope the word "Rejected" and | ||||||
23 | shall not cast or count the ballot. | ||||||
24 | In addition to the voter's signatures not matching, an | ||||||
25 | absentee ballot may be rejected by the election judge or | ||||||
26 | official: |
| |||||||
| |||||||
1 | (1) if the ballot envelope is open or has been opened | ||||||
2 | and resealed; | ||||||
3 | (2) if the voter has already cast an early or grace | ||||||
4 | period ballot; | ||||||
5 | (3) if the voter voted in person on election day or the | ||||||
6 | voter is not a duly registered voter in the precinct; or | ||||||
7 | (4) on any other basis set forth in this Code. | ||||||
8 | If the election judge or official determines that any of | ||||||
9 | these reasons apply, the judge or official shall mark across | ||||||
10 | the face of the certification envelope the word "Rejected" and | ||||||
11 | shall not cast or count the ballot.
| ||||||
12 | (g-5) If an absentee ballot, other than an in-person | ||||||
13 | absentee ballot, is rejected by the election judge or official | ||||||
14 | for any reason, the election authority shall, within 2 days | ||||||
15 | after the rejection but in all cases before the close of the | ||||||
16 | period for counting provisional ballots, notify the absentee | ||||||
17 | voter that his or her ballot was rejected. The notice shall | ||||||
18 | inform the voter of the reason or reasons the ballot was | ||||||
19 | rejected and shall state that the voter may appear before the | ||||||
20 | election authority, on or before the 14th day after the | ||||||
21 | election, to show cause as to why the ballot should not be | ||||||
22 | rejected. The voter may present evidence to the election | ||||||
23 | authority supporting his or her contention that the ballot | ||||||
24 | should be counted. The election authority shall appoint a panel | ||||||
25 | of 3 election judges to review the contested ballot, | ||||||
26 | application, and certification envelope, as well as any |
| |||||||
| |||||||
1 | evidence submitted by the absentee voter. No more than 2 | ||||||
2 | election judges on the reviewing panel shall be of the same | ||||||
3 | political party. The reviewing panel of election judges shall | ||||||
4 | make a final determination as to the validity of the contested | ||||||
5 | absentee ballot. The judges' determination shall not be | ||||||
6 | reviewable either administratively or judicially. | ||||||
7 | An absentee ballot subject to this subsection that is | ||||||
8 | determined to be valid shall be counted before the close of the | ||||||
9 | period for counting provisional ballots.
| ||||||
10 | (g-10) All absentee ballots determined to be valid shall be | ||||||
11 | added to the vote totals for the precincts for which they were | ||||||
12 | cast in the order in which the ballots were opened.
| ||||||
13 | (h) Each political party, candidate, and qualified civic | ||||||
14 | organization shall be entitled to have present one pollwatcher | ||||||
15 | for each panel of election judges therein assigned.
| ||||||
16 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
17 | 95-699, eff. 11-9-07.)
| ||||||
18 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
19 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
20 | Illinois
Person with a Disability Identification Card in | ||||||
21 | accordance with the Illinois
Identification Card Act, | ||||||
22 | indicating that the person named thereon has a Class
1A or | ||||||
23 | Class 2 disability or any qualified voter who has a permanent | ||||||
24 | physical
incapacity of such a nature as to make it improbable | ||||||
25 | that he will be
able to be present at the polls at any future |
| |||||||
| |||||||
1 | election, or any
voter who is a resident of (i) a federally | ||||||
2 | operated veterans' home, hospital, or facility located in | ||||||
3 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
4 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
5 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and | ||||||
6 | has a condition or disability of
such a nature as to make it | ||||||
7 | improbable that he will be able to be present
at the polls at | ||||||
8 | any future election, may secure a disabled voter's or
nursing | ||||||
9 | home resident's identification card, which will enable him to | ||||||
10 | vote
under this Article as a physically incapacitated or | ||||||
11 | nursing home voter. For the purposes of this Section, | ||||||
12 | "federally operated veterans' home, hospital, or facility" | ||||||
13 | means the long-term care facilities at the Jesse Brown VA | ||||||
14 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
15 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
16 | Lovell Federal Health Care Center.
| ||||||
17 | Application for a disabled voter's or nursing home | ||||||
18 | resident's
identification card shall be made either: (a) in | ||||||
19 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
20 | board of election commissioners, as
the case may be, and shall | ||||||
21 | be accompanied
by the affidavit of the attending physician | ||||||
22 | specifically describing the
nature of the physical incapacity | ||||||
23 | or the fact that the voter is a nursing
home resident and is | ||||||
24 | physically unable to be present at the polls on election
days; | ||||||
25 | or (b) by presenting, in writing or otherwise, to the county | ||||||
26 | clerk
or board of election commissioners, as the case may be, |
| |||||||
| |||||||
1 | proof that the
applicant has secured an Illinois Person with a | ||||||
2 | Disability Identification Card
indicating that the person | ||||||
3 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
4 | receipt of either the sworn-to
application and the physician's | ||||||
5 | affidavit or proof that the applicant has
secured an Illinois | ||||||
6 | Person with a Disability Identification Card indicating that | ||||||
7 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
8 | the county clerk
or board of election commissioners shall issue | ||||||
9 | a disabled voter's or
nursing home resident's identification
| ||||||
10 | card. Such identification cards shall be issued for a
period of | ||||||
11 | 5 years, upon the expiration of which time the voter may
secure | ||||||
12 | a new card by making application in the same manner as is
| ||||||
13 | prescribed for the issuance of an original card, accompanied by | ||||||
14 | a new
affidavit of the attending physician. The date of | ||||||
15 | expiration of such
five-year period shall be made known to any | ||||||
16 | interested person by the
election authority upon the request of | ||||||
17 | such person. Applications for the
renewal of the identification | ||||||
18 | cards shall be mailed to the voters holding
such cards not less | ||||||
19 | than 3 months prior to the date of expiration of the cards.
| ||||||
20 | Each disabled voter's or nursing home resident's | ||||||
21 | identification card
shall bear an identification number, which | ||||||
22 | shall be clearly noted on the voter's
original and duplicate | ||||||
23 | registration record cards. In the event the
holder becomes | ||||||
24 | physically capable of resuming normal voting, he must
surrender | ||||||
25 | his disabled voter's or nursing home resident's identification
| ||||||
26 | card to the county clerk or board of election commissioners |
| |||||||
| |||||||
1 | before the next election.
| ||||||
2 | The holder of a disabled voter's or nursing home resident's
| ||||||
3 | identification card may make application by mail for an | ||||||
4 | official ballot
within the time prescribed by Section 19-2. | ||||||
5 | Such application shall contain
the same information as is
| ||||||
6 | included in the form of application for ballot by a physically
| ||||||
7 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
8 | shall
also include the applicant's disabled voter's | ||||||
9 | identification card number
and except that it need not be sworn | ||||||
10 | to. If an examination of the records
discloses that the | ||||||
11 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
12 | ballot or ballots as provided in Section 19-4 and, if | ||||||
13 | applicable, in Section 19-4.5 . The ballot envelope shall
be the | ||||||
14 | same as that prescribed in Section 19-5 for physically disabled
| ||||||
15 | voters, and the manner of voting and returning the ballot shall | ||||||
16 | be the
same as that provided in this Article for other absentee | ||||||
17 | ballots, except
that a statement to be subscribed to by the | ||||||
18 | voter but which need not be
sworn to shall be placed on the | ||||||
19 | ballot envelope in lieu of the affidavit
prescribed by Section | ||||||
20 | 19-5.
| ||||||
21 | Any person who knowingly subscribes to a false statement in
| ||||||
22 | connection with voting under this Section shall be guilty of a | ||||||
23 | Class A
misdemeanor.
| ||||||
24 | For the purposes of this Section, "nursing home resident" | ||||||
25 | includes a resident of (i) a federally operated veterans' home, | ||||||
26 | hospital, or facility located in Illinois or (ii) a facility |
| |||||||
| |||||||
1 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
2 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
3 | this Section, "federally operated veterans' home, hospital, or | ||||||
4 | facility" means the long-term care facilities at the Jesse | ||||||
5 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
6 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain | ||||||
7 | James A. Lovell Federal Health Care Center. | ||||||
8 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
9 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | ||||||
10 | 98-104, eff. 7-22-13.)
| ||||||
11 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||||||
12 | Sec. 20-3.
The election authority shall furnish the | ||||||
13 | following
applications for absentee registration or absentee | ||||||
14 | ballot which shall be
considered a method of application in | ||||||
15 | lieu of the official postcard.
| ||||||
16 | 1. Members of the United States Service, citizens of the | ||||||
17 | United
States temporarily residing outside the territorial | ||||||
18 | limits of the United
States, and certified program participants | ||||||
19 | under the Address Confidentiality
for Victims of Domestic | ||||||
20 | Violence Act may make application within the periods
prescribed | ||||||
21 | in Sections
20-2 or 20-2.1, as the case may be. Such | ||||||
22 | application shall be
substantially in the following form:
| ||||||
23 | "APPLICATION FOR BALLOT
| ||||||
24 | To be voted at the............ election in the precinct in | ||||||
25 | which is
located my residence at..............., in the |
| |||||||
| |||||||
1 | city/village/township of
............(insert home address) | ||||||
2 | County of........... and State of
Illinois.
| ||||||
3 | I state that I am a citizen of the United States; that on | ||||||
4 | (insert
date of election) I shall have resided in the State of | ||||||
5 | Illinois and in
the election precinct for 30 days; that on the | ||||||
6 | above date I shall be the
age of 18 years or above; that I am | ||||||
7 | lawfully entitled to vote in such
precinct at that election; | ||||||
8 | that I am (check category 1, 2, or 3
below):
| ||||||
9 | 1. ( ) a member of the United States Service,
| ||||||
10 | 2. ( ) a citizen of the United States temporarily residing | ||||||
11 | outside
the territorial limits of the United States and that I | ||||||
12 | expect to be
absent from the said county of my residence on the | ||||||
13 | date of holding such
election, and that I will have no | ||||||
14 | opportunity to vote in person on that
day.
| ||||||
15 | 3. ( ) a certified program participant under the Address
| ||||||
16 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
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 said | ||||||
19 | county of my
residence, and I agree that I shall return said | ||||||
20 | ballot or ballots to the
election authority postmarked no later | ||||||
21 | than midnight preceding election day, for counting no later | ||||||
22 | than during the period for counting provisional ballots, the | ||||||
23 | last day of which is the 14th day following election day or | ||||||
24 | shall destroy said ballot or ballots.
| ||||||
25 | (Check below only if category 2 or 3 and not previously | ||||||
26 | registered)
|
| |||||||
| |||||||
1 | ( ) I hereby make application to become registered as a | ||||||
2 | voter and
agree to return the forms and affidavits for | ||||||
3 | registration to the
election authority not later than 30 days | ||||||
4 | before the election.
| ||||||
5 | Under penalties as provided by law pursuant to Article 29 | ||||||
6 | of The
Election Code, the undersigned certifies that the | ||||||
7 | statements set forth
in this application are true and correct.
| ||||||
8 | .........................
| ||||||
9 | Post office address or service address to which | ||||||
10 | registration
materials or ballot should be mailed
| ||||||
11 | .........................
| ||||||
12 | .........................
| ||||||
13 | .........................
| ||||||
14 | ........................"
| ||||||
15 | If application is made for a primary election ballot, such
| ||||||
16 | application shall designate the name of the political party | ||||||
17 | with which
the applicant is affiliated.
| ||||||
18 | Such applications may be obtained from the election | ||||||
19 | authority having
jurisdiction over the person's precinct of | ||||||
20 | residence.
| ||||||
21 | 2. A spouse or dependent of a member of the United States | ||||||
22 | Service,
said spouse or dependent being a registered voter in | ||||||
23 | the county, may
make application on behalf of said person in | ||||||
24 | the office of the election
authority within the periods | ||||||
25 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
26 | following form:
|
| |||||||
| |||||||
1 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
2 | in
the precinct in which is located the residence of the person | ||||||
3 | for whom
this application is made at.............(insert | ||||||
4 | residence address) in
the city/village/township of......... | ||||||
5 | County of.......... and State
of Illinois.
| ||||||
6 | I certify that the following named person................ | ||||||
7 | (insert
name of person) is a member of the United States | ||||||
8 | Service.
| ||||||
9 | I state that said person is a citizen of the United States; | ||||||
10 | that on
(insert date of election) said person shall have | ||||||
11 | resided in the State of
Illinois and in the election precinct | ||||||
12 | for which this application is made
for 30 days; that on the | ||||||
13 | above date said person shall be the age of 18
years or above; | ||||||
14 | that said person is lawfully entitled to vote in such
precinct | ||||||
15 | at that election; that said person is a member of the United
| ||||||
16 | States Service, and that in the course of his duties said | ||||||
17 | person expects
to be absent from his county of residence on the | ||||||
18 | date of holding such
election, and that said person will have | ||||||
19 | no opportunity to vote in
person on that day.
| ||||||
20 | I hereby make application for an official ballot or ballots | ||||||
21 | to be
voted by said person at such election and said person | ||||||
22 | agrees that he
shall return said ballot or ballots to the | ||||||
23 | election authority postmarked no later than midnight preceding | ||||||
24 | election day, for counting no later than during the period for | ||||||
25 | counting provisional ballots, the last day of which is the 14th | ||||||
26 | day following election day, or shall destroy
said ballot or |
| |||||||
| |||||||
1 | ballots.
| ||||||
2 | I hereby certify that I am the (mother, father, sister, | ||||||
3 | brother,
husband or wife) of the said elector, and that I am a | ||||||
4 | registered voter
in the election precinct for which this | ||||||
5 | application is made. (Strike all
but one that is applicable.)
| ||||||
6 | Under penalties as provided by law pursuant to Article 29 | ||||||
7 | of The
Election Code, the undersigned certifies that the | ||||||
8 | statements set forth
in this application are true and correct.
| ||||||
9 | Name of applicant ......................
| ||||||
10 | Residence address ........................
| ||||||
11 | City/village/township........................
| ||||||
12 | Service address to which ballot should be mailed:
| ||||||
13 | .........................
| ||||||
14 | .........................
| ||||||
15 | .........................
| ||||||
16 | ........................"
| ||||||
17 | If application is made for a primary election ballot, such
| ||||||
18 | application shall designate the name of the political party | ||||||
19 | with which
the person for whom application is made is | ||||||
20 | affiliated.
| ||||||
21 | Such applications may be obtained from the election | ||||||
22 | authority having
jurisdiction over the voting precinct in which | ||||||
23 | the person for whom
application is made is entitled to vote.
| ||||||
24 | (Source: P.A. 96-312, eff. 1-1-10.)
| ||||||
25 | (10 ILCS 5/20-4.5 new)
|
| |||||||
| |||||||
1 | Sec. 20-4.5. Primary ballots. | ||||||
2 | (a) A person entitled to vote by absentee ballot at a | ||||||
3 | primary shall not be required to declare his or her political | ||||||
4 | party affiliation and shall be provided with the ballots of all | ||||||
5 | established political parties nominating candidates for | ||||||
6 | offices for which the absentee voter is entitled to vote at | ||||||
7 | that primary. That absentee voter may mark, cast, and have | ||||||
8 | counted the primary ballot of only one established political | ||||||
9 | party, except that he or she may mark, cost, and have counted | ||||||
10 | the primary ballots of a statewide established political party | ||||||
11 | and a local political party established only within a political | ||||||
12 | subdivision as provided in subsection (b) of Section 7-44. | ||||||
13 | (b) With respect to the marking, casting, and counting of | ||||||
14 | primary ballots, absentee voting shall be conducted in | ||||||
15 | accordance with Sections 7-43 and 7-44 of this Code as well as | ||||||
16 | the provisions of this Article. | ||||||
17 | (c) When voting absentee at a primary, the voter shall be | ||||||
18 | instructed to discard or otherwise destroy any ballots of | ||||||
19 | political parties that the voter does not intend to cast. Such | ||||||
20 | a discarded or destroyed ballot or ballots is not the ballot or | ||||||
21 | ballots the voter agreed in the absentee ballot application to | ||||||
22 | return to the election authority. | ||||||
23 | If a voter subject to this subsection returns to the | ||||||
24 | election authority the ballot of more than one established | ||||||
25 | political party, the judges of election shall determine which | ||||||
26 | votes to count as provided in subsection (b) of Section 7-44.
|
| |||||||
| |||||||
1 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| ||||||
2 | Sec. 20-5.
The election authority shall fold the ballot or | ||||||
3 | ballots in
the manner specified by the statute for folding | ||||||
4 | ballots prior to their
deposit in the ballot box and shall | ||||||
5 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
6 | it, which envelope shall bear upon the face
thereof the name, | ||||||
7 | official title and post office address of the election
| ||||||
8 | authority, and upon the other side of such envelope there shall | ||||||
9 | be
printed a certification in substantially the following form:
| ||||||
10 | "CERTIFICATION
| ||||||
11 | I state that I am a resident/former resident of the ....... | ||||||
12 | precinct of
the city/village/township of ............, | ||||||
13 | (Designation to be made by
Election Authority) or of the .... | ||||||
14 | ward in the city of ...........
(Designation to be made by | ||||||
15 | Election Authority) residing at ................
in said | ||||||
16 | city/village/township in the county of ........... and State of
| ||||||
17 | Illinois; that I am a
| ||||||
18 | 1. ( ) member of the United States Service
| ||||||
19 | 2. ( ) citizen of the United States temporarily residing | ||||||
20 | outside the
territorial limits of the United States
| ||||||
21 | 3. ( ) nonresident civilian citizen
| ||||||
22 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
23 | of The Election
Code; that I am lawfully entitled to vote in | ||||||
24 | such precinct at the ...........
election to be held on | ||||||
25 | ............
|
| |||||||
| |||||||
1 | I further state that I marked the enclosed ballot in | ||||||
2 | secret.
| ||||||
3 | Under penalties as provided by law pursuant to Article 29 | ||||||
4 | of The
Election Code, the undersigned certifies that the | ||||||
5 | statements set forth
in this certification are true and | ||||||
6 | correct.
| ||||||
7 | ...............(Name)
| ||||||
8 | .....................
| ||||||
9 | (Service Address)"
| ||||||
10 | .....................
| ||||||
11 | .....................
| ||||||
12 | .....................
| ||||||
13 | If the ballot enclosed is to be voted at a primary | ||||||
14 | election, the
certification shall designate the name of the | ||||||
15 | political party with which
the voter is affiliated.
| ||||||
16 | In addition to the above, the election authority shall | ||||||
17 | provide
printed slips giving full instructions regarding the | ||||||
18 | manner of completing
the forms and affidavits for absentee | ||||||
19 | registration or the manner of marking
and returning the ballot | ||||||
20 | in order that the same may be counted, and
shall furnish one of | ||||||
21 | the printed slips to each of the applicants at the
same time | ||||||
22 | the registration materials or ballot is delivered to him.
| ||||||
23 | In addition to the above, if a ballot to be provided to an | ||||||
24 | elector
pursuant to this Section contains a public question | ||||||
25 | described in subsection
(b) of Section 28-6 and the territory | ||||||
26 | concerning which the question is
to be submitted is not |
| |||||||
| |||||||
1 | described on the ballot due to the space limitations
of such | ||||||
2 | ballot, the election authority shall provide a printed copy of
| ||||||
3 | a notice of the public question, which shall include a | ||||||
4 | description of the
territory in the manner required by Section | ||||||
5 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
6 | time the ballot
is delivered to the elector.
| ||||||
7 | The envelope in which such registration or such ballot is | ||||||
8 | mailed to the
voter as well as the envelope in which the | ||||||
9 | registration materials or the
ballot is returned by the voter | ||||||
10 | shall have
printed across the face thereof two parallel | ||||||
11 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
12 | one side of the envelope to the
other side, with an intervening | ||||||
13 | space of one-quarter inch, the top bar
to be one and | ||||||
14 | one-quarter inches from the top of the envelope, and with
the | ||||||
15 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
16 | between the
bars. In the upper right corner of such envelope in | ||||||
17 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
18 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
19 | in red, including an appropriate
inscription or blank in the | ||||||
20 | upper left corner of return address of sender.
| ||||||
21 | The envelope in which the ballot is returned to the | ||||||
22 | election authority may be delivered (i) by mail, postage paid, | ||||||
23 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
24 | sister of the voter, or (iii) by a company engaged in the | ||||||
25 | business of making deliveries of property and licensed as a | ||||||
26 | motor carrier of property by the Illinois Commerce Commission |
| |||||||
| |||||||
1 | under the Illinois Commercial Transportation Law. | ||||||
2 | Election authorities transmitting ballots by facsimile or | ||||||
3 | electronic transmission shall, to the extent possible, provide | ||||||
4 | those applicants with the same instructions, certification, | ||||||
5 | and other materials required when sending by mail. | ||||||
6 | (Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
| ||||||
7 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
8 | Sec. 20-8. Time and place of counting ballots. | ||||||
9 | (a) (Blank.) | ||||||
10 | (b) Each absent voter's ballot returned to an election | ||||||
11 | authority, by any means authorized by this Article, and | ||||||
12 | received by that election authority before the closing of the | ||||||
13 | polls on election day shall be endorsed by the receiving | ||||||
14 | election authority with the day and hour of receipt and shall | ||||||
15 | be counted in the central ballot counting location of the | ||||||
16 | election authority on the day of the election after 7:00 p.m., | ||||||
17 | except as provided in subsections (g) and (g-5).
| ||||||
18 | (c) Each absent voter's ballot that is mailed to an | ||||||
19 | election authority and postmarked by the midnight preceding the | ||||||
20 | opening of the polls on election day, but that is received by | ||||||
21 | the election authority after the polls close on election day | ||||||
22 | and before the close of the period for counting provisional | ||||||
23 | ballots cast at that election, shall be endorsed by the | ||||||
24 | receiving authority with the day and hour of receipt and shall | ||||||
25 | be counted at the central ballot counting location of the |
| |||||||
| |||||||
1 | election authority during the period for counting provisional | ||||||
2 | ballots. | ||||||
3 | Each absent voter's ballot that is mailed to an election | ||||||
4 | authority absent a postmark, but that is received by the | ||||||
5 | election authority after the polls close on election day and | ||||||
6 | before the close of the period for counting provisional ballots | ||||||
7 | cast at that election, shall be endorsed by the receiving | ||||||
8 | authority with the day and hour of receipt, opened to inspect | ||||||
9 | the date inserted on the certification, and, if the | ||||||
10 | certification date is a date preceding the election day and the | ||||||
11 | ballot is otherwise found to be valid under the requirements of | ||||||
12 | this Section, counted at the central ballot counting location | ||||||
13 | of the election authority during the period for counting | ||||||
14 | provisional ballots. Absent a date on the certification, the | ||||||
15 | ballot shall not be counted.
| ||||||
16 | (d) Special write-in absentee voter's blank ballots | ||||||
17 | returned to an election authority, by any means authorized by | ||||||
18 | this Article, and received by the election authority at any | ||||||
19 | time before the closing of the polls on election day shall be | ||||||
20 | endorsed by the receiving election authority with the day and | ||||||
21 | hour of receipt and shall be counted at the central ballot | ||||||
22 | counting location of the election authority during the same | ||||||
23 | period provided for counting absent voters' ballots under | ||||||
24 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
25 | voter's blank ballot that are mailed to an election authority | ||||||
26 | and postmarked by midnight preceding the opening of the polls |
| |||||||
| |||||||
1 | on election day, but that are received by the election | ||||||
2 | authority after the polls close on election day and before the | ||||||
3 | closing of the period for counting provisional ballots cast at | ||||||
4 | that election, shall be endorsed by the receiving authority | ||||||
5 | with the day and hour of receipt and shall be counted at the | ||||||
6 | central ballot counting location of the election authority | ||||||
7 | during the same periods provided for counting absent voters' | ||||||
8 | ballots under subsection (c).
| ||||||
9 | (e) Except as otherwise provided in this Section, absent | ||||||
10 | voters' ballots and special write-in absentee voter's blank | ||||||
11 | ballots received by the election authority after the closing of | ||||||
12 | the polls on the day of election shall be
endorsed by the | ||||||
13 | person receiving the ballots with the day and hour of
receipt | ||||||
14 | and shall be safely kept unopened by the election authority for
| ||||||
15 | the period of time required for the preservation of ballots | ||||||
16 | used at the
election, and shall then, without being opened, be | ||||||
17 | destroyed in like
manner as the used ballots of that election.
| ||||||
18 | (f) Counting required under this Section to begin on | ||||||
19 | election day after the closing of the polls shall commence no | ||||||
20 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
21 | panels of election judges appointed in the manner provided
by | ||||||
22 | law. The counting shall continue until all absent voters' | ||||||
23 | ballots and special write-in absentee voter's blank ballots | ||||||
24 | required to be counted on election day have been counted.
| ||||||
25 | (g) The procedures set forth in Articles 17 and
18 and, | ||||||
26 | with respect to primaries, in Section 20-4.5 of this Code shall |
| |||||||
| |||||||
1 | apply to all ballots counted under
this Section. In addition, | ||||||
2 | within 2 days after a ballot subject to this Article is | ||||||
3 | received, but in all cases before the close of the period for | ||||||
4 | counting provisional ballots, the election judge or official | ||||||
5 | shall compare the voter's signature on the certification | ||||||
6 | envelope of that ballot with the signature of the voter on file | ||||||
7 | in the office of the election authority. If the election judge | ||||||
8 | or official determines that the 2 signatures match, and that | ||||||
9 | the voter is otherwise qualified to cast a ballot under this | ||||||
10 | Article, the election authority shall cast and count the ballot | ||||||
11 | on election day or the day the ballot is determined to be | ||||||
12 | valid, whichever is later, adding the results to the precinct | ||||||
13 | in which the voter is registered. If the election judge or | ||||||
14 | official determines that the signatures do not match, or that | ||||||
15 | the voter is not qualified to cast a ballot under this Article, | ||||||
16 | then without opening the certification envelope, the judge or | ||||||
17 | official shall mark across the face of the certification | ||||||
18 | envelope the word "Rejected" and shall not cast or count the | ||||||
19 | ballot. | ||||||
20 | In addition to the voter's signatures not matching, a | ||||||
21 | ballot subject to this Article may be rejected by the election | ||||||
22 | judge or official: | ||||||
23 | (1) if the ballot envelope is open or has been opened | ||||||
24 | and resealed; | ||||||
25 | (2) if the voter has already cast an early or grace | ||||||
26 | period ballot; |
| |||||||
| |||||||
1 | (3) if the voter voted in person on election day or the | ||||||
2 | voter is not a duly registered voter in the precinct; or | ||||||
3 | (4) on any other basis set forth in this Code. | ||||||
4 | If the election judge or official determines that any of | ||||||
5 | these reasons apply, the judge or official shall mark across | ||||||
6 | the face of the certification envelope the word "Rejected" and | ||||||
7 | shall not cast or count the ballot. | ||||||
8 | (g-5) If a ballot subject to this Article is rejected by | ||||||
9 | the election judge or official for any reason, the election | ||||||
10 | authority shall, within 2 days after the rejection but in all | ||||||
11 | cases before the close of the period for counting provisional | ||||||
12 | ballots, notify the voter that his or her ballot was rejected. | ||||||
13 | The notice shall inform the voter of the reason or reasons the | ||||||
14 | ballot was rejected and shall state that the voter may appear | ||||||
15 | before the election authority, on or before the 14th day after | ||||||
16 | the election, to show cause as to why the ballot should not be | ||||||
17 | rejected. The voter may present evidence to the election | ||||||
18 | authority supporting his or her contention that the ballot | ||||||
19 | should be counted. The election authority shall appoint a panel | ||||||
20 | of 3 election judges to review the contested ballot, | ||||||
21 | application, and certification envelope, as well as any | ||||||
22 | evidence submitted by the absentee voter. No more than 2 | ||||||
23 | election judges on the reviewing panel shall be of the same | ||||||
24 | political party. The reviewing panel of election judges shall | ||||||
25 | make a final determination as to the validity of the contested | ||||||
26 | ballot. The judges' determination shall not be reviewable |
| |||||||
| |||||||
1 | either administratively or judicially. | ||||||
2 | A ballot subject to this subsection that is determined to | ||||||
3 | be valid shall be counted before the close of the period for | ||||||
4 | counting provisional ballots. | ||||||
5 | (g-10) All ballots determined to be valid shall be added to | ||||||
6 | the vote totals for the precincts for which they were cast in | ||||||
7 | the order in which the ballots were opened.
| ||||||
8 | (h) Each political party,
candidate, and qualified civic | ||||||
9 | organization shall be entitled to have
present one pollwatcher | ||||||
10 | for each panel of election judges therein assigned.
| ||||||
11 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
12 | 95-699, eff. 11-9-07.)
|