Rep. Sara Feigenholtz
Filed: 2/9/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 114 




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    AMENDMENT NO. ______. Amend House Bill 114  by replacing 
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everything after the enacting clause with the following:

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


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

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    Sec. 3-5. No person who has been legally convicted, in this

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or another State or in any federal court, of any crime, and
is 
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serving a sentence of confinement in any penal institution,
or 
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who has been convicted under any section of this Act and is

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serving a sentence of confinement in any penal institution,

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shall vote, offer to vote, attempt to vote or be permitted
to 
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vote at any election until his release from confinement.


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    Confinement for purposes of this Section shall include any

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person convicted and imprisoned but granted a furlough as

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provided by Section 3-11-1 of the "Unified Code of 
17
Corrections",
or admitted to a work release program as provided 
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by Section
3-13-2 of the "Unified Code of Corrections". 
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Confinement shall
not include any person convicted and 
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imprisoned but released on parole.


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    Confinement or detention in a jail pending acquittal or

22
conviction of a crime is not a disqualification for voting.


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(Source: P.A. 80-699.)

 
 


 






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

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    Sec. 19-1. Any qualified elector of the State of Illinois  
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having
duly registered where such registration is required who 
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expects to be
absent from the county in which he is a qualified 
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elector or who because
of being appointed a judge of election 
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in a precinct other than the
precinct in which he resides or 
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who because of physical incapacity or
the tenets of his 
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religion in the observance of a religious holiday or
who 
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because of election duties for the office of an Election 
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Authority
or the State Board of Elections or who because of 
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election duties for a
law enforcement agency, including but not 
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limited to the offices of the
Attorney General, a State's 
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Attorney, a United States Attorney, or a
State, county, or 
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municipal police department, or who, because he is
temporarily 
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abiding outside the precinct in which he is registered to vote

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due to the fact he is a student attending an institution of 
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higher
education or who is serving as a sequestered juror on a 
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State or federal jury,
or who because of his or her confinement 
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or
detention in a jail pending acquittal or conviction of a 
20
crime,
will be unable to be present at
the polls on the day of 
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holding any special, general or
primary election at which any 
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presidential preference is indicated or
any candidates are 
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chosen or elected, for any congressional, State,
district, 
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county, town, city, village, precinct or judicial offices or
at 
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which questions of public policy are submitted, may vote at 
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such
election as hereinafter in this Article provided.


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    Each Election Authority, law enforcement agency, and the 
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State Board
of Elections shall compile and keep current a list 
29
of his or its
officers or employees who are eligible to vote 
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under this Article by
reason of election duties.


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    For purposes of this Article 19, a physically incapacitated 
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voter marks
his or her ballot "personally" when the voter 
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exercises his or her physical
abilities to their reasonable 
34
limit in marking the ballot, and marking
personally may include 
 


 






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instructing the person assisting the incapacitated
voter when 
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giving such instruction represents the reasonable limit of the

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physical abilities.


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

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

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    Sec. 19-2. Any elector as defined in Section 19-1 expecting 
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to be
absent from the county of his residence or any such 
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elector who because
of being appointed a judge of election in a 
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precinct other than the
precinct in which he resides or who 
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because of physical incapacity or
the tenets of his religion in 
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the observance of a religious holiday or
who because of 
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election duties for the office of an Election Authority,
the 
13
State Board of Elections, or a law enforcement
agency, or who 
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because of his or her confinement or
detention in a jail 
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pending acquittal or conviction of a crime,
will be unable to 
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be present at the polls on the day of such
election may by 
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mail, not more than 40 nor less than 5 days prior to the
date of 
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such election, or by personal delivery not more than 40 nor 
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less
than one day prior to the date of such election, make 
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application to the
county clerk or to the Board of Election 
21
Commissioners for an official
ballot for the voter's precinct 
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to be voted at such election.


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

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

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    Sec. 19-5. It shall be the duty of the election authority 
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to fold the
ballot or ballots in the manner specified by the 
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statute for folding
ballots prior to their deposit in the 
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ballot box, and to enclose such
ballot or ballots in an 
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envelope unsealed to be furnished by him, which
envelope shall 
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bear upon the face thereof the name, official title and
post 
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office address of the election authority, and upon the other 
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side
if the ballot is to go to an elector who is to be out of 
 


 






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the county on
the day of the election a printed certification 
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in substantially the
following form:


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


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


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


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


18

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


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


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    I state that I am a resident of the .... precinct of the 
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(1)
*township of .... (2) *City of .... or (3) *.... ward in 
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the city of
.... residing at .... in such city or town in the 
25
county of .... and
State of Illinois, that I have lived at such 
26
address for .... months
last past; that I am lawfully entitled 
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to vote in such precinct at the
.... election to be held on 
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....; that I shall be physically incapable
of being present at 
29
the polls of such precinct on the date of holding
such 
30
election.


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


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    I further state that I personally marked the enclosed 
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ballot in secret.
If I received assistance in casting my 
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ballot, I further attest that, due
to physical incapacity, I 
 


 






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marked the enclosed
ballot in secret with the assistance of


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


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(Individual rendering assistance)


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


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(Residence Address)


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    Under penalties of perjury  as provided by law pursuant to 
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Section 29-10
of The Election Code, the undersigned certifies 
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that the statements set forth
in this certification are true 
9
and correct.


10

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


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    In the case of a voter who is voting absentee by reason of 
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physical
incapacity, marking a ballot in secret includes 
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marking a ballot with the
assistance of another individual, 
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other than a candidate
whose name appears on the ballot (unless 
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the voter is the spouse or a
parent, child, brother, or sister 
16
of the candidate),
the voter's employer, an
agent of that 
17
employer or an officer or agent of the voter's union, when
the 
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voter's physical incapacity necessitates such assistance.


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


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    I state that I am a resident of the .... precinct of the 
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(1)
*township of .... (2) *City of .... or (3) *.... ward in 
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the city of
.... residing at .... in said city or town in the 
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county of .... and
State of Illinois, that I have lived at such 
28
address for .... months
last past; that I am lawfully entitled 
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to vote in such precinct at the
.... election to be held on 
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....; that I shall be unable to be present
at the polls of such 
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precinct on the date of holding such election
because of the 
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tenets of my religion in the observance of a religious
holiday.


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


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    I further state that I personally marked the enclosed 
 


 






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ballot in secret.


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


6

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


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    If the ballot is to go to an elector who is unable to be 
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present at the
polls on the date of the election because he or 
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she is confined or detained in
jail pending acquittal or 
10
conviction of a crime, the envelope shall
bear upon the back 
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thereof a certification in substantially the following form:

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    I state that I am a resident of the .... precinct of the 
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(1) *township of
.... (2) *City of.... or (3) *.... ward in the 
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city of .... residing at .... in
that city or town in the 
15
county of .... and State of Illinois, that I have
lived at such 
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address for .... months last past; that I am lawfully entitled 
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to
vote in such precinct at the .... election to be held on 
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....; that I shall be
unable to be present at the polls of such 
19
precinct on the date of holding such
election because of my 
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confinement or detention in jail pending
acquittal or 
21
conviction of a crime.

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

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

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


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


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    If the ballot is to go to an elector who is temporarily 
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abiding outside
the precinct in which he is registered to vote 
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due to the fact he is a
student attending an institution of 
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higher education the envelope shall
bear upon the back thereof 
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a certification in substantially the following form:


 


 






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

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


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


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


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


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


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


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

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


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


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    I further state that I personally marked the enclosed 
 


 






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ballot in secret.
If I received assistance in casting my 
2
ballot, I further attest that, due
to physical incapacity, I 
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marked the enclosed
ballot in secret with the assistance of


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


5

(Individual rendering assistance)


6

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


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(Residence Address)


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    Under penalties of perjury provided by law pursuant to 
9
Section 29-10 of the
Election
Code, the undersigned certifies 
10
that the statements set forth in this
certification are true 
11
and correct.


12

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


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    In the case of a voter who is voting absentee by reason of 
14
physical
incapacity, marking a ballot in secret includes 
15
marking a ballot with the
assistance of another individual, 
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other than a candidate
whose name appears on the ballot (unless 
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the voter is the spouse or a
parent, child, brother, or sister 
18
of the candidate), the voter's
employer, an
agent of that 
19
employer, or an officer or agent of the voter's union, when
the 
20
voter's physical incapacity necessitates such assistance.


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


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    In addition to the above, the election authority shall 
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provide
printed slips giving full instructions regarding the 
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manner of marking
and returning the ballot in order that the 
27
same may be counted, and
shall furnish one of such printed 
28
slips to each of such applicants at
the same time the ballot is 
29
delivered to him.
Such instructions shall include the following 
30
statement: "In signing the
certification on the absentee ballot 
31
envelope, you are attesting that you
personally marked this 
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absentee ballot in secret.  If you are physically
unable to mark 
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the ballot, a friend or relative may assist you after

34
completing the enclosed affidavit.  Federal and State laws 
 


 






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prohibit a
candidate whose name appears on the ballot (unless 
2
you
are the spouse or a parent, child, brother, or sister of 
3
the candidate), your
employer, your employer's agent or an 
4
officer or agent of your union
from assisting physically 
5
disabled voters."


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    In addition to the above, if a ballot to be provided to an 
7
elector
pursuant to this Section contains a public question 
8
described in subsection
(b) of Section 28-6 and the territory 
9
concerning which the question is
to be submitted is not 
10
described on the ballot due to the space limitations
of such 
11
ballot, the election authority shall provide a printed copy of

12
a notice of the public question, which shall include a 
13
description of the
territory in the manner required by Section 
14
16-7.  The notice shall be
furnished to the elector at the same 
15
time the ballot is delivered to the
elector.


16
(Source: P.A. 89-653, eff. 8-14-96.)".