93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6746


 
Introduced 02/09/04, by Mike Boland
 
SYNOPSIS AS INTRODUCED:
 		














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




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



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



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









    Amends the Election Code.  Permits a person to vote by absentee ballot on the
basis that he or she is 65 years old or older.
















LRB093 19983 JAM 45727 b

















 


 


A BILL FOR









 











HB6746

LRB093 19983 JAM 45727 b






1
    AN ACT concerning elections. 

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


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


 
6
    (10 ILCS 5/19-1)  (from Ch. 46, par. 19-1)

7
    Sec. 19-1. Any qualified elector of the State of Illinois  
8
having
duly registered where such registration is required who 
9
is of the age of 65
or more years or who expects to be
absent 
10
from the county in which he is a qualified elector or who 
11
because
of being appointed a judge of election in a precinct 
12
other than the
precinct in which he resides or who because of 
13
physical incapacity or
the tenets of his religion in the 
14
observance of a religious holiday or
who because of election 
15
duties for the office of an Election Authority
or the State 
16
Board of Elections or who because of election duties for a
law 
17
enforcement agency, including but not limited to the offices of 
18
the
Attorney General, a State's Attorney, a United States 
19
Attorney, or a
State, county, or municipal police department, 
20
or who, because he is
temporarily abiding outside the precinct 
21
in which he is registered to vote
due to the fact he is a 
22
student attending an institution of higher
education or who
is 
23
serving as a sequestered
juror on a State or federal jury, will 
24
be unable to be present at
the polls on the day of holding any 
25
special, general or
primary election at which any presidential 
26
preference is indicated or
any candidates are chosen or 
27
elected, for any congressional, State,
district, county, town, 
28
city, village, precinct or judicial offices or
at which 
29
questions of public policy are submitted, may vote at such

30
election as hereinafter in this Article provided.


31
    Each Election Authority, law enforcement agency, and the 
32
State Board
of Elections shall compile and keep current a list 
 


 






HB6746
- 2 -
LRB093 19983 JAM 45727 b




1
of his or its
officers or employees who are eligible to vote 
2
under this Article by
reason of election duties.


3
    For purposes of this Article 19, a physically incapacitated 
4
voter marks
his or her ballot "personally" when the voter 
5
exercises his or her physical
abilities to their reasonable 
6
limit in marking the ballot, and marking
personally may include 
7
instructing the person assisting the incapacitated
voter when 
8
giving such instruction represents the reasonable limit of the

9
physical abilities.


10
(Source: P.A. 86-873; 86-875; 86-1028.)

 
11
    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)

12
    Sec. 19-2. Any elector as defined in Section 19-1 who is of 
13
the age of 65
or older or who is expecting to be
absent from the 
14
county of his residence or any such elector who because
of 
15
being appointed a judge of election in a precinct other than 
16
the
precinct in which he resides or who because of physical 
17
incapacity or
the tenets of his religion in the observance of a 
18
religious holiday or
who because of election duties for the 
19
office of an Election Authority,
the State Board of Elections, 
20
or a law enforcement
agency will be unable to be present at the 
21
polls on the day of such
election may by mail, not more than 40 
22
nor less than 5 days prior to the
date of such election, or by 
23
personal delivery not more than 40 nor less
than one day prior 
24
to the date of such election, make application to the
county 
25
clerk or to the Board of Election Commissioners for an official

26
ballot for the voter's precinct to be voted at such election.


27
(Source: P.A. 84-808.)

 



28
    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)



29
    Sec. 19-3. Application for such ballot shall be made on 
30
blanks to be
furnished by the election authority and 
31
duplication of such application
for ballot is prohibited, 
32
except by the election authority.  The
application for ballot 
33
shall be substantially in the
following form:

34

APPLICATION FOR BALLOT


 


 






HB6746
- 3 -
LRB093 19983 JAM 45727 b




1
 BY ELECTOR WHO EXPECTS TO BE

2
 ABSENT FROM COUNTY

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

6
    I state that I am a resident of the .... precinct of the 
7
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
8
the city of
.... residing at .... in such city or town in the 
9
county of .... and
State of Illinois; that I have lived at such 
10
address for .... month(s)
last past; that I am lawfully 
11
entitled to vote in such precinct at the
.... election to be 
12
held therein on ....; that I expect to be absent
from the 
13
county of my residence on the date of holding such election,

14
and that I will have no opportunity to vote in person on that 
15
day.

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

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

24

....


25
 *fill in either (1), (2) or (3).

26
 Post office address to which ballot is mailed:

27
.............................................................

28
    However, if application is made for a primary election 
29
ballot, such
application shall designate the name of the 
30
political party with which
the applicant is affiliated.

31

APPLICATION FOR BALLOT


32
 BY ELECTOR WHO IS JUDGE OF ELECTION

33
 IN A PRECINCT OTHER THAN THE PRECINCT

34
 IN WHICH HE RESIDES

35
    To be voted at the .... election in the County of .... and 
36
State of
Illinois, in the .... precinct of the (1) *township of 
 


 






HB6746
- 4 -
LRB093 19983 JAM 45727 b




1
.... (2) *City of
.... or (3) *.... ward in the City of ....

2
    I state that I am affiliated with the .... party (to be 
3
used in
primary elections) and that I am a resident of the .... 
4
precinct of the
(1) *township of .... (2) *City of .... or (3) 
5
*.... ward in the city of
.... residing at .... in such city or 
6
town in the county of .... and
State of Illinois; that I have 
7
lived at such address for .... month(s)
last past; that I am 
8
lawfully entitled to vote in such precinct at the
.... election 
9
to be held therein on ....; that I am a judge of election
in 
10
.... precinct or the (1) *.... ward in the city of .... or (2)

11
*township of .... or (3) *city, village or incorporated town of 
12
.... in such
county and that I will have no opportunity of 
13
voting in person on that day:

14
    I hereby make application for an official ballot or ballots 
15
to be
voted by me at such election if I serve as a judge of 
16
election in such
last named precinct, and I agree that I shall 
17
return such ballot or
ballots to the official issuing the same 
18
prior to the closing of the
polls on the date of the election.

19
    Under penalties as provided by law pursuant to Section 
20
29-10 of The
Election Code, the undersigned certifies that the 
21
statements set forth
in this application are true and correct.

22

....


23
 *fill in either (1), (2) or (3).

24
 Post office address to which ballot is mailed:

25
 ....

26
 APPLICATION FOR BALLOT

27
 BY PHYSICALLY INCAPACITATED ELECTOR

28
    To be voted at the .... election in the County of .... and 
29
State of
Illinois, in the .... precinct of the (1) *township of 
30
.... (2) *City of
.... or (3) *.... ward in the City of ....

31
    I state that I am affiliated with the .... party (to be 
32
used in
primary elections) and that I am a resident of the .... 
33
precinct of the
(1) *township of .... (2) *City of .... or (3) 
34
*.... ward in the city of
.... residing at .... in such city or 
35
town in the county of .... and
State of Illinois; that I have 
36
lived at such address for .... month(s)
last past; that I am 
 


 






HB6746
- 5 -
LRB093 19983 JAM 45727 b




1
lawfully entitled to vote in such precinct at the
.... election 
2
to be held therein on ....; that I shall be physically

3
incapable of being present at the polls of such precinct on the 
4
date of
holding such election for the following reasons:

5
    I hereby make application for an official ballot or ballots 
6
to be
voted by me at such election if I am so physically 
7
incapacitated, and I
agree that I shall return such ballot or 
8
ballots to the official issuing
the same prior to the closing 
9
of the polls on the date of election.

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

13

....


14
 *fill in either (1), (2) or (3).

15
 Post office address to which ballot is mailed:

16
.............................................................

17

APPLICATION FOR BALLOT


18

BY ELECTOR 65 YEARS OLD OR OLDER


19
    To be voted at the .... election in the County of .... and 
20
State of
Illinois, in the .... precinct of the (1) *township of 
21
.... (2) *City of
.... or (3) *.... ward in the City of ....

22
    I state that I am affiliated with the .... party (to be 
23
used in
primary elections) and that I am a resident of the .... 
24
precinct of the
(1) *township of .... (2) *City of .... or (3) 
25
*.... ward in the city of
.... residing at .... in such city or 
26
town in the county of .... and
State of Illinois; that I have 
27
lived at such address for .... month(s)
last past; that I am 
28
lawfully entitled to vote in such precinct at the
.... election 
29
to be held therein on ....; that
I am (or will be on the date of 
30
said election) 65 years old or older.

31
    I hereby make application for an official ballot or ballots 
32
to be
voted by me at such election because I am (or will be on 
33
the date of said
election) 65 years old or older, and I
agree 
34
that I shall return such ballot or ballots to the official 
35
issuing
the same prior to the closing of the polls on the date 
36
of election.
 


 






HB6746
- 6 -
LRB093 19983 JAM 45727 b




1
    Under penalties as provided by law pursuant to Section 
2
29-10 of the
Election Code, the undersigned certifies that the 
3
statements set forth
in this application are true and correct.

4

....


5

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


 
6

Post office address to which ballot is mailed:


7
.............................................................

8

APPLICATION FOR BALLOT


9
 BY ELECTOR OBSERVING RELIGIOUS HOLIDAY

10
    To be voted at the .... election in the county of .... 
11
State of
Illinois, in the .... precinct (1) *township of .... 
12
(2) *City of ....
or (3) *.... ward in the City of ....

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

21
present at the polls of such precinct on the date of holding 
22
such
election because of the tenets of my religion in the 
23
observance of a
religious holiday.

24
    I hereby make application for an official ballot or ballots 
25
to be
voted by me at such election if I am so unable to be 
26
present at the
polls of such precinct on the date of the 
27
election because of the tenets
of my religion in the observance 
28
of a religious holiday, and I agree
that I shall return the 
29
ballot or ballots to the official issuing the
same prior to the 
30
closing of the polls on the date of the election.

31
    Under penalties as provided by law pursuant to Section 
32
29-10 of The
Election Code, the undersigned certifies that the 
33
statements set forth
in this application are true and correct.

34

....


35
 *fill in either (1), (2) or (3).

36
 Post office address to which ballot is mailed:

 


 






HB6746
- 7 -
LRB093 19983 JAM 45727 b




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

2

APPLICATION FOR BALLOT


3
 BY ELECTOR WHO IS AN ELECTION EMPLOYEE

4
 OF STATE'S ATTORNEY, COUNTY CLERK OR

5
 BOARD OF ELECTION COMMISSIONERS

6
    To be voted at the .... election in the County of .... and 
7
State of
Illinois, in the .... precinct of the (1) *township of 
8
.... (2) *City of
.... or (3) *.... ward in the City of ....

9
    I state that I am a resident of the .... precinct of the 
10
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
11
the city of
.... residing at .... in such city or town in the 
12
county of .... and
State of Illinois; that I have lived at such 
13
address for .... month(s)
last past; that I am lawfully 
14
entitled to vote in such precinct at the
.... election to be 
15
held therein on ....; that I am employed in the
office of the 
16
(State's Attorney of .... County) (County Clerk of ....
County) 
17
(Board of Election Commissioners of the (City) (County) of ....

18
and that because of election duties on the date of holding such 
19
election
I will have no opportunity to vote in person on that 
20
day.

21
    I hereby make application for an official ballot or ballots 
22
to be
voted by me at such election, and I agree that I shall 
23
return such
ballot or ballots to the official issuing the same 
24
prior to the closing
of the polls on the date of the election.

25
    Under penalties as provided by law pursuant to Section 
26
29-10 of The
Election Code, the undersigned certifies that the 
27
statements set forth
in this application are true and correct.

28

....


29
 *fill in either (1), (2) or (3).

30
 Post office address to which ballot is mailed:

31
.............................................................

32
    Provided, that if application be made for a primary 
33
election ballot,
such application shall designate the name of 
34
the political party with
which the applicant is affiliated.

35

APPLICATION FOR


36
 TEMPORARILY ABSENT STUDENT BALLOT

 


 






HB6746
- 8 -
LRB093 19983 JAM 45727 b




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

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 .... month(s)
last past; that I am lawfully 
9
entitled to vote in such precinct at the
.... election to be 
10
held therein on ....; that I am temporarily abiding
outside 
11
such precinct in the (1) *township of .... (2) *City of .... in 
12
the
county of .... and State of .... due to the fact I am a 
13
student attending an
institution of higher education, and for 
14
that reason do not expect to have
an opportunity to vote in 
15
person on that day.

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

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

24

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


25
 *fill in either (1), (2) or (3).

26
 Post office address to which ballot is mailed:

27
.............................................................

28
    However, if application is made for a primary election 
29
ballot, such
application shall designate the name of the 
30
political party with which
the applicant is affiliated.

31
    In lieu of the separate application blanks heretofore 
32
prescribed, the
election authority may adopt a standard 
33
application blank in
substantially the following form for all 
34
categories of absentee voters:

35

APPLICATION FOR


36
 ABSENT VOTER'S BALLOT

 


 






HB6746
- 9 -
LRB093 19983 JAM 45727 b




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

5
    I state that I am a resident of the ...... precinct of the 
6
(1)
*township of ...... (2) *City of ........ or (3) *........ 
7
ward in the
City of ...... residing at .......... in such city 
8
or town in the county
of ...... and State of Illinois; that I 
9
have lived at such address for
...... months last past; that I 
10
am lawfully entitled to vote in such
precinct at a ...... 
11
election to be held therein on ......; and that (1) I am
(or 
12
will be on the date of said election) 65 years old or older or 
13
(2) I
will be unable to vote in person at the polls of such 
14
precinct for the
following reasons:

15
(Check One)

16
         I expect to be absent from my county of residence.

17
         I expect to be temporarily absent from the country.

18
         I shall be serving as a judge of election in the

19
         ........ precinct which is not my precinct of

20
         residence.

21
         I shall be observing a religious holiday in

22
         accordance with the tenets of my religion.

23
         I shall be performing official election duties

24
         for an Election Authority ....................,

25
                                   (election authority)

26
         .................... or the State Board of 
27
Elections.

28
         (location)

29
         I shall be performing election law enforcement

30
         duties in the employment of ......................,

31
                                    (law enforcement agency)

32
         ................

33
         (location)

34
        I am temporarily abiding in the (1) *township 
35
of
        .... (2) *city of ....in the county of .... 
36
and
        State of .... due to the fact I am a 
 


 






HB6746
- 10 -
LRB093 19983 JAM 45727 b




1
student
        attending an institution of higher education.

2
        I am physically incapacitated.

3
        Reason(s):

4
        I have been called for jury duty on said day by

5
        ..................

6
        (court jurisdiction)

7
    I hereby make application for an official ballot or ballots 
8
to be
voted by me at such election and agree that I shall 
9
return the ballot or
ballots to the election official issuing 
10
the same in sufficient time for
such official to deliver the 
11
ballot or ballots to the proper polling
place prior to the 
12
closing of the polls on the date of the election.

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

16

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


17
*fill in either (1), (2) or (3).
Post office address to which 
18
ballot is mailed:

19

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


20
    Provided, that if application is made for a primary 
21
election, such
application shall designate the name of the 
22
political party with which
applicant is affiliated.

23
(Source: P.A. 86-873; 86-875; 86-1028.)

 
24
    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)

25
    Sec. 19-5. It shall be the duty of the election authority 
26
to fold the
ballot or ballots in the manner specified by the 
27
statute for folding
ballots prior to their deposit in the 
28
ballot box, and to enclose such
ballot or ballots in an 
29
envelope unsealed to be furnished by him, which
envelope shall 
30
bear upon the face thereof the name, official title and
post 
31
office address of the election authority, and upon the other 
32
side
if the ballot is to go to an elector who is to be out of 
33
the county on
the day of the election a printed certification 
34
in substantially the
following form:


35
    I state that I am a resident of the .... precinct of the 
 


 






HB6746
- 11 -
LRB093 19983 JAM 45727 b




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


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


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


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


15

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


16
    If the ballot is to go to an elector who is physically 
17
incapacitated
the envelope shall bear upon the back thereof a 
18
certification in
substantially the following form:


19
    I state that I am a resident of the .... precinct of the 
20
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
21
the city of
.... residing at .... in such city or town in the 
22
county of .... and
State of Illinois, that I have lived at such 
23
address for .... months
last past; that I am lawfully entitled 
24
to vote in such precinct at the
.... election to be held on 
25
....; that I shall be physically incapable
of being present at 
26
the polls of such precinct on the date of holding
such 
27
election.


28
*fill in either (1), (2) or (3).


29
    I further state that I personally marked the enclosed 
30
ballot in secret.
If I received assistance in casting my 
31
ballot, I further attest that, due
to physical incapacity, I 
32
marked the enclosed
ballot in secret with the assistance of


33

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


34

(Individual rendering assistance)


35

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


36

(Residence Address)


 


 






HB6746
- 12 -
LRB093 19983 JAM 45727 b




1
    Under penalties of perjury  as provided by law pursuant to 
2
Section 29-10
of The Election Code, the undersigned certifies 
3
that the statements set forth
in this certification are true 
4
and correct.


5

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


6
    In the case of a voter who is voting absentee by reason of 
7
physical
incapacity, marking a ballot in secret includes 
8
marking a ballot with the
assistance of another individual, 
9
other than a candidate
whose name appears on the ballot (unless 
10
the voter is the spouse or a
parent, child, brother, or sister 
11
of the candidate),
the voter's employer, an
agent of that 
12
employer or an officer or agent of the voter's union, when
the 
13
voter's physical incapacity necessitates such assistance.


14
    If the ballot is to go to an elector who is
65 years old or

15
older, the envelope shall bear upon the back thereof a

16
certification in substantially the following form:

17
    I state that I am a resident of the .... precinct of the 
18
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
19
the city of
.... residing at .... in said city or town in the 
20
county of .... and
State of Illinois, that I have lived at such 
21
address for .... months
last past; that I am lawfully entitled 
22
to vote in such precinct at the
.... election to be held on 
23
....; that I
am (or will be on the date of said election) 65 
24
years old or older.

25
*fill in either (1), (2), or (3).

26
    I further state that I personally marked the enclosed 
27
ballot in secret.

28
    Under penalties of perjury as provided by law pursuant to 
29
Section 29-10
of the Election Code, the undersigned certifies 
30
that the statements set
forth in this certification are true 
31
and correct.

32

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


33
    If the ballot is to go to an elector who is unable to be 
34
present at
the polls on the date of the election because of the 
35
observance of a
religious holiday, the envelope shall bear upon 
36
the back thereof a
certification in substantially the following 
 


 






HB6746
- 13 -
LRB093 19983 JAM 45727 b




1
form:


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


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 temporarily 
20
abiding outside
the precinct in which he is registered to vote 
21
due to the fact he is a
student attending an institution of 
22
higher education the envelope shall
bear upon the back thereof 
23
a certification in substantially the following form:


24
    I state that I am a resident of the .... precinct of the 
25
(1)
*township of .... (2) *City of .... or (3) *.... ward in 
26
the city of
.... residing at .... in such city or town in the 
27
county of .... and
State of Illinois, that I have lived at such 
28
address for .... months
last past; that I am lawfully entitled 
29
to vote in such precinct at the
.... election to be held on 
30
....; and I expect to be absent from the
precinct of my 
31
residence on the date of such election because I am
temporarily 
32
abiding outside such precinct in the (1) *township of .... (2)

33
*city of .... in the county of .... and State of .... due to the 
34
fact I am
a student attending an institution of higher 
35
education.


36
*fill in either (1), (2) or (3).


 


 






HB6746
- 14 -
LRB093 19983 JAM 45727 b




1
    I further state that I personally marked the enclosed 
2
ballot in secret.


3
    Under penalties of perjury as provided by law pursuant to 
4
Section 29-10
of The Election Code, the undersigned certifies 
5
that the statements set
forth in this certification are true 
6
and correct.


7

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


8
    If the election authority adopts the standard absentee 
9
ballot application
blank provided in Section 19-3, the printed 
10
certification on the absentee
ballot envelope shall be in 
11
substantially the following form:


12
    I state that I am a resident of the ...... precinct of the 
13
(1) *township
of.....  (2) *City of ..... or (3) *....... ward 
14
in the city of .......
residing at ..... in said city or town 
15
in the county of ...... and State
of Illinois, that I have 
16
lived at such address for .... months last past;
that I shall 
17
be unable to be present at the polls of such precinct on the

18
date of holding such election for the reason indicated on the 
19
application
for ballot enclosed herein.


20
*fill in either (1), (2) or (3).


21
    I further state that I personally marked the enclosed 
22
ballot in secret.
If I received assistance in casting my 
23
ballot, I further attest that, due
to physical incapacity, I 
24
marked the enclosed
ballot in secret with the assistance of


25

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


26

(Individual rendering assistance)


27

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


28

(Residence Address)


29
    Under penalties of perjury provided by law pursuant to 
30
Section 29-10 of the
Election
Code, the undersigned certifies 
31
that the statements set forth in this
certification are true 
32
and correct.


33

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


34
    In the case of a voter who is voting absentee by reason of 
35
physical
incapacity, marking a ballot in secret includes 
36
marking a ballot with the
assistance of another individual, 
 


 






HB6746
- 15 -
LRB093 19983 JAM 45727 b




1
other than a candidate
whose name appears on the ballot (unless 
2
the voter is the spouse or a
parent, child, brother, or sister 
3
of the candidate), the voter's
employer, an
agent of that 
4
employer, or an officer or agent of the voter's union, when
the 
5
voter's physical incapacity necessitates such assistance.


6
    Provided, that if the ballot enclosed is to be voted at a 
7
primary
election, the certification shall designate the name of 
8
the political
party with which the voter is affiliated.


9
    In addition to the above, the election authority shall 
10
provide
printed slips giving full instructions regarding the 
11
manner of marking
and returning the ballot in order that the 
12
same may be counted, and
shall furnish one of such printed 
13
slips to each of such applicants at
the same time the ballot is 
14
delivered to him.
Such instructions shall include the following 
15
statement: "In signing the
certification on the absentee ballot 
16
envelope, you are attesting that you
personally marked this 
17
absentee ballot in secret.  If you are physically
unable to mark 
18
the ballot, a friend or relative may assist you after

19
completing the enclosed affidavit.  Federal and State laws 
20
prohibit a
candidate whose name appears on the ballot (unless 
21
you
are the spouse or a parent, child, brother, or sister of 
22
the candidate), your
employer, your employer's agent or an 
23
officer or agent of your union
from assisting physically 
24
disabled voters."


25
    In addition to the above, if a ballot to be provided to an 
26
elector
pursuant to this Section contains a public question 
27
described in subsection
(b) of Section 28-6 and the territory 
28
concerning which the question is
to be submitted is not 
29
described on the ballot due to the space limitations
of such 
30
ballot, the election authority shall provide a printed copy of

31
a notice of the public question, which shall include a 
32
description of the
territory in the manner required by Section 
33
16-7.  The notice shall be
furnished to the elector at the same 
34
time the ballot is delivered to the
elector.


35
(Source: P.A. 89-653, eff. 8-14-96.)