Bill Text: IL HB2948 | 2013-2014 | 98th 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: (Failed) 2014-12-03 - Session Sine Die [HB2948 Detail]

Download: Illinois-2013-HB2948-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2948 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/19-2.1 from Ch. 46, par. 19-2.1
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
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.
LRB098 09166 HLH 39304 b
A BILL FOR
HB2948 LRB098 09166 HLH 39304 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 7-43, 7-44, 19-2.1, 19-3, 19-4, 19-5, 19-8, 19-12.1,
20-3, 20-5, and 20-8 and by adding Sections 19-4.5 and 20-4.5
as follows:
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6
months and in the precinct 30 days next preceding any primary
therein who shall be a citizen of the United States of the age
of 18 or more years, shall be entitled to vote at such primary.
The following regulations shall be applicable to
primaries:
No person shall be entitled to vote at a primary:
(a) (Blank). Unless he declares his party
affiliations as required by this Article.
(b) (Blank.).
(c) (Blank.).
(c.5) (Blank). If that person has participated in
the town political party caucus, under Section 45-50 of
the Township Code, of another political party by
signing an affidavit of voters attending the caucus

HB2948 - 2 - LRB098 09166 HLH 39304 b
within 45 days before the first day of the calendar
month in which the primary is held.
(d) (Blank.).
(e) In cities, villages and incorporated towns having a
board of election commissioners only voters registered as
provided by Article 6 of this Act shall be entitled to vote
at such primary.
(f) No person shall be entitled to vote at a primary
unless he is registered under the provisions of Articles 4,
5 or 6 of this Act, when his registration is required by
any of said Articles to entitle him to vote at the election
with reference to which the primary is held.
A person (i) who filed a statement of candidacy for a
partisan office as a qualified primary voter of an established
political party or (ii) who voted the ballot of an established
political party at a general primary election may not file a
statement of candidacy as a candidate of a different
established political party or as an independent candidate for
a partisan office to be filled at the general election
immediately following the general primary for which the person
filed the statement or voted the ballot. A person may file a
statement of candidacy for a partisan office as a qualified
primary voter of an established political party regardless of
any prior filing of candidacy for a partisan office or voting
the ballot of an established political party at any prior
election.

HB2948 - 3 - LRB098 09166 HLH 39304 b
(Source: P.A. 97-681, eff. 3-30-12; revised 8-3-12.)
(10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
Sec. 7-44. Voter choice of primary ballot.
(a) Any person desiring to vote at a primary shall state
his or her name and , residence and party affiliation to the
primary judges, one of whom shall thereupon announce the same
in a distinct tone of voice, sufficiently loud to be heard by
all persons in the polling place. When article 4, 5 or 6 is
applicable the Certificate of Registered Voter therein
prescribed shall be made and signed and the official poll
record shall be made. If the person desiring to vote is not
challenged, one of the primary judges shall give to him or her
one, and only one, primary ballot of each of the established
political parties nominating candidates for office at the
primary election, but the voter may cast a ballot of only one
political party, except as otherwise provided in subsection (b)
party with which he declares himself affiliated, on the back of
which the such primary judge shall endorse his or her initials
in such manner that they may be seen when the primary ballot is
properly folded. If the person desiring to vote is challenged
he or she shall not receive a primary ballot from the primary
judges until he or she shall have established his or her right
to vote as hereinafter provided in this Article. No person who
refuses to state his party affiliation shall be allowed to vote
at a primary.

HB2948 - 4 - LRB098 09166 HLH 39304 b
(b) A person who casts a ballot of declares his party
affiliation with a statewide established political party and
requests a primary ballot of such party may nonetheless also
declare his affiliation with a political party established only
within a political subdivision, and may also vote in the
primary of a such local political party established only within
a political subdivision on the same election day, provided that
the such voter may not vote in both such party primaries with
respect to offices of the same political subdivision. However,
no person casting a ballot of declaring his affiliation with a
statewide established political party may vote in the primary
of any other statewide political party on the same election
day. Each party's primary ballot shall include a space for the
voter to mark, indicating that political party as the party for
which the voter cast his or her votes. The voter may mark the
space on the ballot of only one political party indicating that
party, except as otherwise provided in this Section. If the
voter desires to cast his or her ballot of a statewide
political party and a political party established only within a
political subdivision, the voter may indicate that choice by
marking the space provided on the ballot of the statewide
political party and by also marking the space provided on the
ballot of the political party established only within a
political subdivision. If the voter does not mark the space on
the primary ballot indicating the political party in which the
voter cast his or her ballot, or marks more than one such

HB2948 - 5 - LRB098 09166 HLH 39304 b
space, the judges of election shall count only the votes of the
political party in which the voter cast a vote for the office
nearest the top of the ballot.
(Source: P.A. 81-1535.)
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
Sec. 19-2.1. At the consolidated primary, general primary,
consolidated, and general elections, electors entitled to vote
by absentee ballot under the provisions of Section 19-1 may
vote in person at the office of the municipal clerk, if the
elector is a resident of a municipality not having a board of
election commissioners, or at the office of the township clerk
or, in counties not under township organization, at the office
of the road district clerk if the elector is not a resident of
a municipality; provided, in each case that the municipal,
township or road district clerk, as the case may be, is
authorized to conduct in-person absentee voting pursuant to
this Section. Absentee voting in such municipal and township
clerk's offices under this Section shall be conducted from the
22nd day through the day before the election.
Municipal and township clerks (or road district clerks) who
have regularly scheduled working hours at regularly designated
offices other than a place of residence and whose offices are
open for business during the same hours as the office of the
election authority shall conduct in-person absentee voting for
said elections. Municipal and township clerks (or road district

HB2948 - 6 - LRB098 09166 HLH 39304 b
clerks) who have no regularly scheduled working hours but who
have regularly designated offices other than a place of
residence shall conduct in-person absentee voting for said
elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
Saturdays, but not during such hours as the office of the
election authority is closed, unless the clerk files a written
waiver with the election authority not later than July 1 of
each year stating that he or she is unable to conduct such
voting and the reasons therefor. Such clerks who conduct
in-person absentee voting may extend their hours for that
purpose to include any hours in which the election authority's
office is open. Municipal and township clerks (or road district
clerks) who have no regularly scheduled office hours and no
regularly designated offices other than a place of residence
may not conduct in-person absentee voting for said elections.
The election authority may devise alternative methods for
in-person absentee voting before said elections for those
precincts located within the territorial area of a municipality
or township (or road district) wherein the clerk of such
municipality or township (or road district) has waived or is
not entitled to conduct such voting. In addition, electors may
vote by absentee ballot under the provisions of Section 19-1 at
the office of the election authority having jurisdiction over
their residence. Unless specifically authorized by the
election authority, municipal, township, and road district

HB2948 - 7 - LRB098 09166 HLH 39304 b
clerks shall not conduct in-person absentee voting. No less
than 45 days before the date of an election, the election
authority shall notify the municipal, township, and road
district clerks within its jurisdiction if they are to conduct
in-person absentee voting. Election authorities, however, may
conduct in-person absentee voting in one or more designated
appropriate public buildings from the fourth day before the
election through the day before the election.
In conducting in-person absentee voting under this
Section, the respective clerks shall be required to verify the
signature of the absentee voter by comparison with the
signature on the official registration record card. The clerk
also shall reasonably ascertain the identity of such applicant,
shall verify that each such applicant is a registered voter,
and shall verify the precinct in which he or she is registered
and the proper ballots of the political subdivisions in which
the applicant resides and is entitled to vote, prior to
providing any absentee ballot to such applicant. The clerk
shall verify the applicant's registration and from the most
recent poll list provided by the county clerk, and if the
applicant is not listed on that poll list then by telephoning
the office of the county clerk.
Absentee voting procedures in the office of the municipal,
township and road district clerks shall be subject to all of
the applicable provisions of this Article 19, including,
without limitation, those procedures relating to primary

HB2948 - 8 - LRB098 09166 HLH 39304 b
ballots. Pollwatchers may be appointed to observe in-person
absentee voting procedures and view all reasonably requested
records relating to the conduct of the election, provided the
secrecy of the ballot is not impinged, at the office of the
municipal, township or road district clerks' offices where such
absentee voting is conducted. Such pollwatchers shall qualify
and be appointed in the same manner as provided in Sections
7-34 and 17-23, except each candidate, political party or
organization of citizens may appoint only one pollwatcher for
each location where in-person absentee voting is conducted.
Pollwatchers must be registered to vote in Illinois and possess
valid pollwatcher credentials. All requirements in this
Article applicable to election authorities shall apply to the
respective local clerks, except where inconsistent with this
Section.
The sealed absentee ballots in their carrier envelope shall
be delivered by the respective clerks, or by the election
authority on behalf of a clerk if the clerk and the election
authority agree, to the election authority's central ballot
counting location before the close of the polls on the day of
the general primary, consolidated primary, consolidated, or
general election.
Not more than 23 days before the general and consolidated
elections, the county clerk shall make available to those
municipal, township and road district clerks conducting
in-person absentee voting within such county, a sufficient

HB2948 - 9 - LRB098 09166 HLH 39304 b
number of applications, absentee ballots, envelopes, and
printed voting instruction slips for use by absentee voters in
the offices of such clerks. The respective clerks shall receipt
for all ballots received, shall return all unused or spoiled
ballots to the county clerk on the day of the election and
shall strictly account for all ballots received.
The ballots delivered to the respective clerks shall
include absentee ballots for each precinct in the municipality,
township or road district, or shall include such separate
ballots for each political subdivision conducting an election
of officers or a referendum on that election day as will permit
any resident of the municipality, township or road district to
vote absentee in the office of the proper clerk.
The clerks of all municipalities, townships and road
districts may distribute applications for absentee ballot for
the use of voters who wish to mail such applications to the
appropriate election authority. Any person may produce,
reproduce, distribute, or return to an election authority the
application for absentee ballot. Upon receipt, the appropriate
election authority shall accept and promptly process any
application for absentee ballot.
(Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.)
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. The application for absentee ballot shall be
substantially in the following form:

HB2948 - 10 - LRB098 09166 HLH 39304 b
APPLICATION FOR ABSENTEE 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 ....; and that I wish to vote by absentee
ballot.
I hereby make application for an official ballot or ballots
to be voted by me at such election, and I agree that I shall
return such ballot or ballots to the official issuing the same
prior to the closing of the polls on the date of the election
or, if returned by mail, postmarked no later than midnight
preceding election day, for counting no later than during the
period for counting provisional ballots, the last day of which
is the 14th day following election day.
I understand that this application is made for an official
absentee ballot or ballots to be voted by me at the election
specified in this application and that I must submit a separate
application for an official absentee ballot or ballots to be
voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section

HB2948 - 11 - LRB098 09166 HLH 39304 b
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 require the applicant to
designate the name of the political party with which the
applicant is affiliated.
Any person may produce, reproduce, distribute, or return to
an election authority the application for absentee ballot. Upon
receipt, the appropriate election authority shall accept and
promptly process any application for absentee ballot submitted
in a form substantially similar to that required by this
Section, including any substantially similar production or
reproduction generated by the applicant.
(Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09;
96-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff.
7-6-12.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots - Time.)
Immediately upon the receipt of such application either by
mail, not more than 40 days nor less than 5 days prior to such
election, or by personal delivery not more than 40 days nor

HB2948 - 12 - LRB098 09166 HLH 39304 b
less than one day prior to such election, at the office of such
election authority, it shall be the duty of such election
authority to examine the records to ascertain whether or not
such applicant is lawfully entitled to vote as requested,
including a verification of the applicant's signature by
comparison with the signature on the official registration
record card, and if found so to be entitled to vote, to post
within one business day thereafter the name, street address,
ward and precinct number or township and district number, as
the case may be, of such applicant given on a list, the pages
of which are to be numbered consecutively to be kept by such
election authority for such purpose in a conspicuous, open and
public place accessible to the public at the entrance of the
office of such election authority, and in such a manner that
such list may be viewed without necessity of requesting
permission therefor. Within one day after posting the name and
other information of an applicant for an absentee ballot, the
election authority shall transmit that name and other posted
information to the State Board of Elections, which shall
maintain those names and other information in an electronic
format on its website, arranged by county and accessible to
State and local political committees. Within 2 business days
after posting a name and other information on the list within
its office, the election authority shall mail, postage prepaid,
or deliver in person in such office an official ballot or
ballots if more than one are to be voted at said election or if

HB2948 - 13 - LRB098 09166 HLH 39304 b
Section 19-4.5 applies. Mail delivery of Temporarily Absent
Student ballot applications pursuant to Section 19-12.3 shall
be by nonforwardable mail. However, for the consolidated
election, absentee ballots for certain precincts may be
delivered to applicants not less than 25 days before the
election if so much time is required to have prepared and
printed the ballots containing the names of persons nominated
for offices at the consolidated primary. The election authority
shall enclose with each absentee ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, enumerating the circumstances
under which a person is authorized to vote by absentee ballot
pursuant to this Article; such document shall also include a
statement informing the applicant that if he or she falsifies
or is solicited by another to falsify his or her eligibility to
cast an absentee ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list of
the name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall

HB2948 - 14 - LRB098 09166 HLH 39304 b
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail for absentee ballots, each
election authority shall mail to each other election authority
within the State a certified list of all such voters
temporarily abiding within the jurisdiction of the other
election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a

HB2948 - 15 - LRB098 09166 HLH 39304 b
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act, or the ID/DD
Community Care Act, within the jurisdiction of the election
authority, and the applicant is a registered voter in the
precinct in which such facility is located, the ballots shall
be prepared and transmitted to a responsible judge of election
no later than 9 a.m. on the Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-813, eff. 7-13-12.)
(10 ILCS 5/19-4.5 new)

HB2948 - 16 - LRB098 09166 HLH 39304 b
Sec. 19-4.5. Primary ballots.
(a) A person entitled to vote by absentee ballot at a
primary shall not be required to declare his or her political
party affiliation and shall be provided with the ballots of all
established political parties nominating candidates for
offices for which the absentee voter is entitled to vote at
that primary. That absentee voter may mark, cast, and have
counted the primary ballot of only one established political
party, except that he or she may mark, cost, and have counted
the primary ballots of a statewide established political party
and a local political party established only within a political
subdivision as provided in subsection (b) of Section 7-44.
(b) With respect to the marking, casting, and counting of
primary ballots, absentee voting shall be conducted in
accordance with Sections 7-43 and 7-44 of this Code as well as
the provisions of this Article.
(c) When voting absentee at a primary by means other than
in-person absentee voting, the voter shall be instructed to
discard or otherwise destroy any ballots of political parties
that the voter does not intend to cast. Such a discarded or
destroyed ballot or ballots is not the ballot or ballots the
voter agreed in the absentee ballot application to return to
the election authority.
If a voter subject to this subsection returns to the
election authority the ballot of more than one established
political party, the judges of election shall determine which

HB2948 - 17 - LRB098 09166 HLH 39304 b
votes to count as provided in subsection (b) of Section 7-44.
(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 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 .....
*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.

HB2948 - 18 - LRB098 09166 HLH 39304 b
.......................
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 physically incapable of personally marking the
ballot for such election.
*fill in either (1), (2) or (3).
I further state that I marked the enclosed ballot in secret
with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
.......................
In the case of a voter with a physical incapacity, marking

HB2948 - 19 - LRB098 09166 HLH 39304 b
a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate whose
name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
In the case of a physically incapacitated voter, marking a
ballot in secret includes marking a ballot with the assistance
of another individual, other than a candidate whose name
appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
Provided, that if the ballot enclosed is to be voted at a
primary election, the certification shall designate the name of
the political party with which the voter is affiliated.
In addition to the above, the 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

HB2948 - 20 - LRB098 09166 HLH 39304 b
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. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each absent voter's ballot returned to an election
authority, by any means authorized by this Article, and
received by that election authority before the closing of the

HB2948 - 21 - LRB098 09166 HLH 39304 b
polls on election day shall be endorsed by the receiving
election authority with the day and hour of receipt and shall
be counted in the central ballot counting location of the
election authority on the day of the election after 7:00 p.m.,
except as provided in subsections (g) and (g-5).
(c) Each absent voter's ballot that is mailed to an
election authority and postmarked by the midnight preceding the
opening of the polls on election day, but that is received by
the election authority after the polls close on election day
and before the close of the period for counting provisional
ballots cast at that election, shall be endorsed by the
receiving authority with the day and hour of receipt and shall
be counted at the central ballot counting location of the
election authority during the period for counting provisional
ballots.
Each absent voter's ballot that is mailed to an election
authority absent a postmark, but that is received by the
election authority after the polls close on election day and
before the close of the period for counting provisional ballots
cast at that election, shall be endorsed by the receiving
authority with the day and hour of receipt, opened to inspect
the date inserted on the certification, and, if the
certification date is a date preceding the election day and the
ballot is otherwise found to be valid under the requirements of
this Section, counted at the central ballot counting location
of the election authority during the period for counting

HB2948 - 22 - LRB098 09166 HLH 39304 b
provisional ballots. Absent a date on the certification, the
ballot shall not be counted.
(d) Special write-in absentee voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same
period provided for counting absent voters' ballots under
subsections (b), (g), and (g-5). Special write-in absentee
voter's blank ballots that are mailed to an election authority
and postmarked by the midnight preceding the opening of the
polls on election day, but that are received by the election
authority after the polls close on election day and before the
closing of the period for counting provisional ballots cast at
that election, shall be endorsed by the receiving authority
with the day and hour of receipt and shall be counted at the
central ballot counting location of the election authority
during the same periods provided for counting absent voters'
ballots under subsection (c).
(e) Except as otherwise provided in this Section, absent
voters' ballots and special write-in absentee voter's blank
ballots received by the election authority after the closing of
the polls on an election day shall be endorsed by the election
authority receiving them with the day and hour of receipt and

HB2948 - 23 - LRB098 09166 HLH 39304 b
shall be safely kept unopened by the election authority for the
period of time required for the preservation of ballots used at
the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all absent voters'
ballots and special write-in absentee voter's blank ballots
required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and 18 and,
with respect to primaries, in Section 19-4.5 of this Code shall
apply to all ballots counted under this Section. In addition,
within 2 days after an absentee ballot, other than an in-person
absentee ballot, is received, but in all cases before the close
of the period for counting provisional ballots, the election
judge or official shall compare the voter's signature on the
certification envelope of that absentee ballot with the
signature of the voter on file in the office of the election
authority. If the election judge or official determines that
the 2 signatures match, and that the absentee voter is
otherwise qualified to cast an absentee ballot, the election
authority shall cast and count the ballot on election day or
the day the ballot is determined to be valid, whichever is
later, adding the results to the precinct in which the voter is

HB2948 - 24 - LRB098 09166 HLH 39304 b
registered. If the election judge or official determines that
the signatures do not match, or that the absentee voter is not
qualified to cast an absentee ballot, then without opening the
certification envelope, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
In addition to the voter's signatures not matching, an
absentee ballot may be rejected by the election judge or
official:
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If an absentee ballot, other than an in-person
absentee ballot, is rejected by the election judge or official
for any reason, the election authority shall, within 2 days
after the rejection but in all cases before the close of the
period for counting provisional ballots, notify the absentee
voter that his or her ballot was rejected. The notice shall

HB2948 - 25 - LRB098 09166 HLH 39304 b
inform the voter of the reason or reasons the ballot was
rejected and shall state that the voter may appear before the
election authority, on or before the 14th day after the
election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election
authority supporting his or her contention that the ballot
should be counted. The election authority shall appoint a panel
of 3 election judges to review the contested ballot,
application, and certification envelope, as well as any
evidence submitted by the absentee voter. No more than 2
election judges on the reviewing panel shall be of the same
political party. The reviewing panel of election judges shall
make a final determination as to the validity of the contested
absentee ballot. The judges' determination shall not be
reviewable either administratively or judicially.
An absentee ballot subject to this subsection that is
determined to be valid shall be counted before the close of the
period for counting provisional ballots.
(g-10) All absentee ballots determined to be valid shall be
added to the vote totals for the precincts for which they were
cast in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
95-699, eff. 11-9-07.)

HB2948 - 26 - LRB098 09166 HLH 39304 b
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act and has a
condition or disability of such a nature as to make it
improbable that he will be able to be present at the polls at
any future election, may secure a disabled voter's or nursing
home resident's identification card, which will enable him to
vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
Application for a disabled voter's or nursing home

HB2948 - 27 - LRB098 09166 HLH 39304 b
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the
receipt of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a disabled voter's or nursing home resident's identification
card. Such identification cards shall be issued for a period of
5 years, upon the expiration of which time the voter may secure
a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by
a new affidavit of the attending physician. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification

HB2948 - 28 - LRB098 09166 HLH 39304 b
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot or ballots as provided in Section 19-4 and, if
applicable, in Section 19-4.5. The ballot envelope shall be the
same as that prescribed in Section 19-5 for physically disabled
voters, and the manner of voting and returning the ballot shall
be the same as that provided in this Article for other absentee
ballots, except that a statement to be subscribed to by the

HB2948 - 29 - LRB098 09166 HLH 39304 b
voter but which need not be sworn to shall be placed on the
ballot envelope in lieu of the affidavit prescribed by Section
19-5.
Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act. For the purposes of this
Section, "federally operated veterans' home, hospital, or
facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
eff. 1-1-12; 97-275, eff. 1-1-12; 97-813, eff. 7-13-12;
97-1064, eff. 1-1-13.)
(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
Sec. 20-3. The election authority shall furnish the
following applications for absentee registration or absentee
ballot which shall be considered a method of application in
lieu of the official postcard.
1. Members of the United States Service, citizens of the

HB2948 - 30 - LRB098 09166 HLH 39304 b
United States temporarily residing outside the territorial
limits of the United States, and certified program participants
under the Address Confidentiality for Victims of Domestic
Violence Act may make application within the periods prescribed
in Sections 20-2 or 20-2.1, as the case may be. Such
application shall be substantially in the following form:
"APPLICATION FOR BALLOT
To be voted at the............ election in the precinct in
which is located my residence at..............., in the
city/village/township of ............(insert home address)
County of........... and State of Illinois.
I state that I am a citizen of the United States; that on
(insert date of election) I shall have resided in the State of
Illinois and in the election precinct for 30 days; that on the
above date I shall be the age of 18 years or above; that I am
lawfully entitled to vote in such precinct at that election;
that I am (check category 1, 2, or 3 below):
1. ( ) a member of the United States Service,
2. ( ) a citizen of the United States temporarily residing
outside the territorial limits of the United States and that I
expect to be absent from the said 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.
3. ( ) a certified program participant under the Address
Confidentiality for Victims of Domestic Violence Act.
I hereby make application for an official ballot or ballots

HB2948 - 31 - LRB098 09166 HLH 39304 b
to be voted by me at such election if I am absent from the said
county of my residence, and I agree that I shall return said
ballot or ballots to the election authority postmarked no later
than midnight preceding election day, for counting no later
than during the period for counting provisional ballots, the
last day of which is the 14th day following election day or
shall destroy said ballot or ballots.
(Check below only if category 2 or 3 and not previously
registered)
( ) I hereby make application to become registered as a
voter and agree to return the forms and affidavits for
registration to the election authority not later than 30 days
before the election.
Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
.........................
Post office address or service address to which
registration materials or ballot should be mailed
.........................
.........................
.........................
........................"
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.

HB2948 - 32 - LRB098 09166 HLH 39304 b
Such applications may be obtained from the election
authority having jurisdiction over the person's precinct of
residence.
2. A spouse or dependent of a member of the United States
Service, said spouse or dependent being a registered voter in
the county, may make application on behalf of said person in
the office of the election authority within the periods
prescribed in Section 20-2 which shall be substantially in the
following form:
"APPLICATION FOR BALLOT to be voted at the........... election
in the precinct in which is located the residence of the person
for whom this application is made at.............(insert
residence address) in the city/village/township of.........
County of.......... and State of Illinois.
I certify that the following named person................
(insert name of person) is a member of the United States
Service.
I state that said person is a citizen of the United States;
that on (insert date of election) said person shall have
resided in the State of Illinois and in the election precinct
for which this application is made for 30 days; that on the
above date said person shall be the age of 18 years or above;
that said person is lawfully entitled to vote in such precinct
at that election; that said person is a member of the United
States Service, and that in the course of his duties said
person expects to be absent from his county of residence on the

HB2948 - 33 - LRB098 09166 HLH 39304 b
date of holding such election, and that said person 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 said person at such election and said person
agrees that he shall return said ballot or ballots to the
election authority postmarked no later than midnight preceding
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the 14th
day following election day, or shall destroy said ballot or
ballots.
I hereby certify that I am the (mother, father, sister,
brother, husband or wife) of the said elector, and that I am a
registered voter in the election precinct for which this
application is made. (Strike all but one that is applicable.)
Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
Name of applicant ......................
Residence address ........................
City/village/township........................
Service address to which ballot should be mailed:
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such

HB2948 - 34 - LRB098 09166 HLH 39304 b
application shall designate the name of the political party
with which the person for whom application is made is
affiliated.
Such applications may be obtained from the election
authority having jurisdiction over the voting precinct in which
the person for whom application is made is entitled to vote.
(Source: P.A. 96-312, eff. 1-1-10.)
(10 ILCS 5/20-4.5 new)
Sec. 20-4.5. Primary ballots.
(a) A person entitled to vote by absentee ballot at a
primary shall not be required to declare his or her political
party affiliation and shall be provided with the ballots of all
established political parties nominating candidates for
offices for which the absentee voter is entitled to vote at
that primary. That absentee voter may mark, cast, and have
counted the primary ballot of only one established political
party, except that he or she may mark, cost, and have counted
the primary ballots of a statewide established political party
and a local political party established only within a political
subdivision as provided in subsection (b) of Section 7-44.
(b) With respect to the marking, casting, and counting of
primary ballots, absentee voting shall be conducted in
accordance with Sections 7-43 and 7-44 of this Code as well as
the provisions of this Article.
(c) When voting absentee at a primary, the voter shall be

HB2948 - 35 - LRB098 09166 HLH 39304 b
instructed to discard or otherwise destroy any ballots of
political parties that the voter does not intend to cast. Such
a discarded or destroyed ballot or ballots is not the ballot or
ballots the voter agreed in the absentee ballot application to
return to the election authority.
If a voter subject to this subsection returns to the
election authority the ballot of more than one established
political party, the judges of election shall determine which
votes to count as provided in subsection (b) of Section 7-44.
(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
Sec. 20-5. The election authority shall fold the ballot or
ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box and shall
enclose such ballot in an envelope unsealed to be furnished by
it, 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 of such envelope there shall
be printed a certification in substantially the following form:
"CERTIFICATION
I state that I am a resident/former resident of the .......
precinct of the city/village/township of ............,
(Designation to be made by Election Authority) or of the ....
ward in the city of ........... (Designation to be made by
Election Authority) residing at ................ in said
city/village/township in the county of ........... and State of

HB2948 - 36 - LRB098 09166 HLH 39304 b
Illinois; that I am a
1. ( ) member of the United States Service
2. ( ) citizen of the United States temporarily residing
outside the territorial limits of the United States
3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20
of The Election Code; that I am lawfully entitled to vote in
such precinct at the ........... election to be held on
............
I further state that I marked the enclosed ballot in
secret.
Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
...............(Name)
.....................
(Service Address)"
.....................
.....................
.....................
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

HB2948 - 37 - LRB098 09166 HLH 39304 b
manner of completing the forms and affidavits for absentee
registration or the manner of marking and returning the ballot
in order that the same may be counted, and shall furnish one of
the printed slips to each of the applicants at the same time
the registration materials or ballot is delivered to him.
In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
The envelope in which such registration or such ballot is
mailed to the voter as well as the envelope in which the
registration materials or the ballot is returned by the voter
shall have printed across the face thereof two parallel
horizontal red bars, each one-quarter inch wide, extending from
one side of the envelope to the other side, with an intervening
space of one-quarter inch, the top bar to be one and
one-quarter inches from the top of the envelope, and with the
words "Official Election Balloting Material-VIA AIR MAIL"
between the bars. In the upper right corner of such envelope in
a box, there shall be printed the words: "U.S. Postage Paid 42

HB2948 - 38 - LRB098 09166 HLH 39304 b
USC 1973". All printing on the face of such envelopes shall be
in red, including an appropriate inscription or blank in the
upper left corner of return address of sender.
The envelope in which the ballot is returned to the
election authority may be delivered (i) by mail, postage paid,
(ii) in person, by the spouse, parent, child, brother, or
sister of the voter, or (iii) by a company engaged in the
business of making deliveries of property and licensed as a
motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law.
Election authorities transmitting ballots by facsimile or
electronic transmission shall, to the extent possible, provide
those applicants with the same instructions, certification,
and other materials required when sending by mail.
(Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
Sec. 20-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each absent voter's ballot returned to an election
authority, by any means authorized by this Article, and
received by that election authority before the closing of the
polls on election day shall be endorsed by the receiving
election authority with the day and hour of receipt and shall
be counted in the central ballot counting location of the
election authority on the day of the election after 7:00 p.m.,

HB2948 - 39 - LRB098 09166 HLH 39304 b
except as provided in subsections (g) and (g-5).
(c) Each absent voter's ballot that is mailed to an
election authority and postmarked by the midnight preceding the
opening of the polls on election day, but that is received by
the election authority after the polls close on election day
and before the close of the period for counting provisional
ballots cast at that election, shall be endorsed by the
receiving authority with the day and hour of receipt and shall
be counted at the central ballot counting location of the
election authority during the period for counting provisional
ballots.
Each absent voter's ballot that is mailed to an election
authority absent a postmark, but that is received by the
election authority after the polls close on election day and
before the close of the period for counting provisional ballots
cast at that election, shall be endorsed by the receiving
authority with the day and hour of receipt, opened to inspect
the date inserted on the certification, and, if the
certification date is a date preceding the election day and the
ballot is otherwise found to be valid under the requirements of
this Section, counted at the central ballot counting location
of the election authority during the period for counting
provisional ballots. Absent a date on the certification, the
ballot shall not be counted.
(d) Special write-in absentee voter's blank ballots
returned to an election authority, by any means authorized by

HB2948 - 40 - LRB098 09166 HLH 39304 b
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same
period provided for counting absent voters' ballots under
subsections (b), (g), and (g-5). Special write-in absentee
voter's blank ballot that are mailed to an election authority
and postmarked by midnight preceding the opening of the polls
on election day, but that are received by the election
authority after the polls close on election day and before the
closing of the period for counting provisional ballots cast at
that election, shall be endorsed by the receiving authority
with the day and hour of receipt and shall be counted at the
central ballot counting location of the election authority
during the same periods provided for counting absent voters'
ballots under subsection (c).
(e) Except as otherwise provided in this Section, absent
voters' ballots and special write-in absentee voter's blank
ballots received by the election authority after the closing of
the polls on the day of election shall be endorsed by the
person receiving the ballots with the day and hour of receipt
and shall be safely kept unopened by the election authority for
the period of time required for the preservation of ballots
used at the election, and shall then, without being opened, be
destroyed in like manner as the used ballots of that election.

HB2948 - 41 - LRB098 09166 HLH 39304 b
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all absent voters'
ballots and special write-in absentee voter's blank ballots
required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and 18 and,
with respect to primaries, in Section 20-4.5 of this Code shall
apply to all ballots counted under this Section. In addition,
within 2 days after a ballot subject to this Article is
received, but in all cases before the close of the period for
counting provisional ballots, the election judge or official
shall compare the voter's signature on the certification
envelope of that ballot with the signature of the voter on file
in the office of the election authority. If the election judge
or official determines that the 2 signatures match, and that
the voter is otherwise qualified to cast a ballot under this
Article, the election authority shall cast and count the ballot
on election day or the day the ballot is determined to be
valid, whichever is later, adding the results to the precinct
in which the voter is registered. If the election judge or
official determines that the signatures do not match, or that
the voter is not qualified to cast a ballot under this Article,
then without opening the certification envelope, the judge or
official shall mark across the face of the certification

HB2948 - 42 - LRB098 09166 HLH 39304 b
envelope the word "Rejected" and shall not cast or count the
ballot.
In addition to the voter's signatures not matching, a
ballot subject to this Article may be rejected by the election
judge or official:
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If a ballot subject to this Article is rejected by
the election judge or official for any reason, the election
authority shall, within 2 days after the rejection but in all
cases before the close of the period for counting provisional
ballots, notify the voter that his or her ballot was rejected.
The notice shall inform the voter of the reason or reasons the
ballot was rejected and shall state that the voter may appear
before the election authority, on or before the 14th day after
the election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election

HB2948 - 43 - LRB098 09166 HLH 39304 b
authority supporting his or her contention that the ballot
should be counted. The election authority shall appoint a panel
of 3 election judges to review the contested ballot,
application, and certification envelope, as well as any
evidence submitted by the absentee voter. No more than 2
election judges on the reviewing panel shall be of the same
political party. The reviewing panel of election judges shall
make a final determination as to the validity of the contested
ballot. The judges' determination shall not be reviewable
either administratively or judicially.
A ballot subject to this subsection that is determined to
be valid shall be counted before the close of the period for
counting provisional ballots.
(g-10) All ballots determined to be valid shall be added to
the vote totals for the precincts for which they were cast in
the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
95-699, eff. 11-9-07.)