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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||
5 | Sections 7-34 and 17-23 as follows:
| ||||||
6 | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
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7 | Sec. 7-34. Pollwatchers in a primary election shall be | ||||||
8 | authorized in
the following manner:
| ||||||
9 | (1) Each established political party shall be entitled to | ||||||
10 | appoint
one pollwatcher per precinct. Such pollwatchers must be | ||||||
11 | affiliated with
the political party for which they are | ||||||
12 | pollwatching and must be a registered
voter in Illinois.
| ||||||
13 | (2) Each candidate shall be entitled to appoint two | ||||||
14 | pollwatchers per
precinct. For Federal, State, county, | ||||||
15 | township, and municipal primary elections, the
pollwatchers | ||||||
16 | must be registered to vote in Illinois.
| ||||||
17 | (3) Each organization of citizens within the county or | ||||||
18 | political
subdivision, which has among its purposes or | ||||||
19 | interests the investigation
or prosecution of election frauds, | ||||||
20 | and which shall have registered its
name and address and the | ||||||
21 | names and addresses of its principal officers
with the proper | ||||||
22 | election authority at least 40 days before the primary
| ||||||
23 | election, shall be entitled to appoint one pollwatcher per | ||||||
24 | precinct.
For all primary elections, the pollwatcher must be | ||||||
25 | registered to vote in
Illinois.
| ||||||
26 | (3.5) Each State nonpartisan civic organization within the | ||||||
27 | county or political subdivision shall be entitled to appoint | ||||||
28 | one pollwatcher per precinct, provided that no more than 2 | ||||||
29 | pollwatchers appointed by State nonpartisan civic | ||||||
30 | organizations shall be present in a precinct polling place at | ||||||
31 | the same time. Each organization shall have registered the | ||||||
32 | names and addresses of its principal officers with the proper |
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1 | election authority at least 40 days before the primary | ||||||
2 | election. The pollwatchers must be registered to vote in | ||||||
3 | Illinois. For the purpose of this paragraph, a "State | ||||||
4 | nonpartisan civic organization" means any corporation, | ||||||
5 | unincorporated association, or organization that: | ||||||
6 | (i) as part of its written articles of incorporation, | ||||||
7 | bylaws, or charter or by separate written declaration, has | ||||||
8 | among its stated purposes the provision of voter | ||||||
9 | information and education, the protection of individual | ||||||
10 | voters' rights, and the promotion of free and equal | ||||||
11 | elections; | ||||||
12 | (ii) is organized or primarily conducts its activities | ||||||
13 | within the State of Illinois; and | ||||||
14 | (iii) continuously maintains an office or business | ||||||
15 | location within the State of Illinois, together with a | ||||||
16 | current listed telephone number (a post office box number | ||||||
17 | without a current listed telephone number is not | ||||||
18 | sufficient).
| ||||||
19 | (4) Each organized group of proponents or opponents of a | ||||||
20 | ballot
proposition, which shall have registered the name and | ||||||
21 | address of its
organization or committee and the name and | ||||||
22 | address of its chairman with
the proper election authority at | ||||||
23 | least 40 days before the primary
election, shall be entitled to | ||||||
24 | appoint one pollwatcher per precinct. The
pollwatcher must be | ||||||
25 | registered to vote in Illinois.
| ||||||
26 | (5) In any primary election held to nominate candidates for | ||||||
27 | the offices
of a municipality of less than 3,000,000 population | ||||||
28 | that is situated in
2 or more counties, a pollwatcher who is a | ||||||
29 | resident of a county in which
any part of the municipality is
| ||||||
30 | situated shall be eligible to serve as a pollwatcher in any | ||||||
31 | polling place
located within such municipality, provided that | ||||||
32 | such pollwatcher otherwise
complies with the respective | ||||||
33 | requirements of subsections (1) through (4)
of this Section and | ||||||
34 | is a registered voter whose residence is within
Illinois.
| ||||||
35 | All pollwatchers shall be required to have proper | ||||||
36 | credentials. Such
credentials shall be printed in sufficient |
| |||||||
| |||||||
1 | quantities, shall be issued
by and under the facsimile | ||||||
2 | signature(s) of the election authority and
shall be available | ||||||
3 | for distribution at least 2 weeks prior to the
election. Such | ||||||
4 | credentials shall be authorized by the real or facsimile
| ||||||
5 | signature of the State or local party official or the candidate | ||||||
6 | or the
presiding officer of the civic organization or the | ||||||
7 | chairman of the
proponent or opponent group, as the case may | ||||||
8 | be.
| ||||||
9 | Pollwatcher credentials shall be in substantially the | ||||||
10 | following form:
| ||||||
11 | POLLWATCHER CREDENTIALS
| ||||||
12 | TO THE JUDGES OF ELECTION:
| ||||||
13 | In accordance with the provisions of the Election Code,
the | ||||||
14 | undersigned hereby appoints ........... (name of pollwatcher)
| ||||||
15 | at .......... (address) in the county of ...........,
| ||||||
16 | .......... (township or municipality) of ........... (name), | ||||||
17 | State of Illinois
and who is duly registered to vote from this | ||||||
18 | address,
to act as a pollwatcher in the ........... precinct of | ||||||
19 | the
.......... ward (if applicable) of the ...........
| ||||||
20 | (township or municipality) of ........... at the
........... | ||||||
21 | election to be held on (insert date).
| ||||||
22 | ........................ (Signature of Appointing Authority)
| ||||||
23 | ........................ TITLE (party official, candidate,
| ||||||
24 | civic organization president,
| ||||||
25 | proponent or opponent group chairman)
| ||||||
26 | Under penalties provided by law pursuant to Section 29-10 | ||||||
27 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
28 | that he or she resides
at .............. (address) in the | ||||||
29 | county of ........., ......... (township
or municipality) of | ||||||
30 | .......... (name), State of Illinois, and is duly
registered to | ||||||
31 | vote in Illinois.
| ||||||
32 | ........................... ..........................
| ||||||
33 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
34 | Which Pollwatcher Resides)
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1 | Pollwatchers must present their credentials to the Judges | ||||||
2 | of Election
upon entering the polling place. Pollwatcher | ||||||
3 | credentials properly
executed and signed shall be proof of the | ||||||
4 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
5 | credentials are retained by the
Judges and returned to the | ||||||
6 | Election Authority at the end of the day of election
with the | ||||||
7 | other election materials. Once a pollwatcher has surrendered a
| ||||||
8 | valid credential, he may leave and reenter the polling place | ||||||
9 | provided
that such continuing action does not disrupt the | ||||||
10 | conduct of the election.
Pollwatchers may be substituted during | ||||||
11 | the course of the day, but established
political parties, | ||||||
12 | candidates, qualified civic organizations and proponents
and | ||||||
13 | opponents of a ballot proposition can have only as many | ||||||
14 | pollwatchers
at any given time as are authorized in this | ||||||
15 | Article. A substitute must
present his signed credential to the | ||||||
16 | judges of election upon entering the
polling place. Election | ||||||
17 | authorities must provide a sufficient number of
credentials to | ||||||
18 | allow for substitution of pollwatchers.
After the polls have | ||||||
19 | closed, pollwatchers shall be allowed to
remain until the | ||||||
20 | canvass of votes is completed; but may leave and
reenter only | ||||||
21 | in cases of necessity, provided that such action is not so
| ||||||
22 | continuous as to disrupt the canvass of votes.
| ||||||
23 | Candidates seeking office in a district or municipality | ||||||
24 | encompassing 2
or more counties shall be admitted to any and | ||||||
25 | all polling places throughout
such district or municipality | ||||||
26 | without regard to the counties in which such
candidates are | ||||||
27 | registered to vote. Actions of such candidates shall be
| ||||||
28 | governed in each polling place by the same privileges and | ||||||
29 | limitations that
apply to pollwatchers as provided in this | ||||||
30 | Section. Any such candidate who
engages in an activity in a | ||||||
31 | polling place which could reasonably be
construed by a majority | ||||||
32 | of the judges of election as campaign activity
shall be removed | ||||||
33 | forthwith from such polling place.
| ||||||
34 | Candidates seeking office in a district or municipality | ||||||
35 | encompassing 2 or
more counties who desire to be admitted to | ||||||
36 | polling places on election day
in such district or municipality |
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| |||||||
1 | shall be required to have proper
credentials. Such credentials | ||||||
2 | shall be printed in sufficient quantities,
shall be issued by | ||||||
3 | and under the facsimile signature of the
election authority of | ||||||
4 | the election jurisdiction where the polling place in
which the | ||||||
5 | candidate seeks admittance is located, and shall be available | ||||||
6 | for
distribution at least 2 weeks prior to the election. Such | ||||||
7 | credentials shall
be signed by the candidate.
| ||||||
8 | Candidate credentials shall be in substantially the | ||||||
9 | following form:
| ||||||
10 | CANDIDATE CREDENTIALS
| ||||||
11 | TO THE JUDGES OF ELECTION:
| ||||||
12 | In accordance with the provisions of the Election Code, I | ||||||
13 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
14 | for ....... (name of
office) and seek admittance to ....... | ||||||
15 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
16 | (township or municipality) of ....... at the
....... election | ||||||
17 | to be held on (insert date).
| ||||||
18 | ......................... .......................
| ||||||
19 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
20 | CANDIDATE SEEKS
| ||||||
21 | NOMINATION OR
| ||||||
22 | ELECTION
| ||||||
23 | Pollwatchers shall be permitted to observe all proceedings | ||||||
24 | and view all reasonably requested records relating
to the | ||||||
25 | conduct of the election, provided the secrecy of the ballot is | ||||||
26 | not impinged, and to station themselves in a position
in the | ||||||
27 | voting room as will enable them to observe the judges making | ||||||
28 | the
signature comparison between the voter application and the | ||||||
29 | voter
registration record card; provided, however, that such | ||||||
30 | pollwatchers
shall not be permitted to station themselves in | ||||||
31 | such close proximity to
the judges of election so as to | ||||||
32 | interfere with the orderly conduct of
the election and shall | ||||||
33 | not, in any event, be permitted to handle
election materials. | ||||||
34 | Pollwatchers may challenge for cause the voting
qualifications |
| |||||||
| |||||||
1 | of a person offering to vote and may call to the
attention of | ||||||
2 | the judges of election any incorrect procedure or apparent
| ||||||
3 | violations of this Code.
| ||||||
4 | If a majority of the judges of election determine that the | ||||||
5 | polling
place has become too overcrowded with pollwatchers so | ||||||
6 | as to interfere
with the orderly conduct of the election, the | ||||||
7 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
8 | number, except that each
candidate and each established or new | ||||||
9 | political party shall be permitted
to have at least one | ||||||
10 | pollwatcher present.
| ||||||
11 | Representatives of an election authority, with regard to an | ||||||
12 | election
under its jurisdiction, the State Board of Elections, | ||||||
13 | and law
enforcement agencies, including but not limited to a | ||||||
14 | United States
Attorney, a State's attorney, the Attorney | ||||||
15 | General, and a State, county,
or local police department, in | ||||||
16 | the performance of their official
election duties, shall be | ||||||
17 | permitted at all times to enter and remain in
the polling | ||||||
18 | place. Upon entering the polling place, such
representatives | ||||||
19 | shall display their official credentials or other
| ||||||
20 | identification to the judges of election.
| ||||||
21 | Uniformed police officers assigned to polling place duty | ||||||
22 | shall follow
all lawful instructions of the judges of election.
| ||||||
23 | The provisions of this Section shall also apply to | ||||||
24 | supervised casting of
absentee ballots as provided in Section | ||||||
25 | 19-12.2 of this Act.
| ||||||
26 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||||||
27 | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| ||||||
28 | Sec. 17-23. Pollwatchers in a general election shall be | ||||||
29 | authorized in
the following manner:
| ||||||
30 | (1) Each established political party shall be entitled to | ||||||
31 | appoint
two pollwatchers per precinct. Such pollwatchers must | ||||||
32 | be affiliated
with the political party for which they are | ||||||
33 | pollwatching. For all
elections, the pollwatchers must be
| ||||||
34 | registered to vote in Illinois.
| ||||||
35 | (2) Each candidate shall be entitled to appoint two |
| |||||||
| |||||||
1 | pollwatchers per
precinct. For all elections, the pollwatchers | ||||||
2 | must be
registered to vote
in Illinois.
| ||||||
3 | (3) Each organization of citizens within the county or | ||||||
4 | political
subdivision, which has among its purposes or | ||||||
5 | interests the investigation
or prosecution of election frauds, | ||||||
6 | and which shall have registered its
name and address and the | ||||||
7 | name and addresses of its principal officers
with the proper | ||||||
8 | election authority at least 40 days before the election,
shall | ||||||
9 | be entitled to appoint one pollwatcher per precinct. For all
| ||||||
10 | elections, the pollwatcher must be registered to vote in
| ||||||
11 | Illinois.
| ||||||
12 | (3.5) Each State nonpartisan civic organization within the | ||||||
13 | county or political subdivision shall be entitled to appoint | ||||||
14 | one pollwatcher per precinct, provided that no more than 2 | ||||||
15 | pollwatchers appointed by State nonpartisan civic | ||||||
16 | organizations shall be present in a precinct polling place at | ||||||
17 | the same time. Each organization shall have registered the | ||||||
18 | names and addresses of its principal officers with the proper | ||||||
19 | election authority at least 40 days before the election. The | ||||||
20 | pollwatchers must be registered to vote in Illinois. For the | ||||||
21 | purpose of this paragraph, a "State nonpartisan civic | ||||||
22 | organization" means any corporation, unincorporated | ||||||
23 | association, or organization that: | ||||||
24 | (i) as part of its written articles of incorporation, | ||||||
25 | bylaws, or charter or by separate written declaration, has | ||||||
26 | among its stated purposes the provision of voter | ||||||
27 | information and education, the protection of individual | ||||||
28 | voters' rights, and the promotion of free and equal | ||||||
29 | elections; | ||||||
30 | (ii) is organized or primarily conducts its activities | ||||||
31 | within the State of Illinois; and | ||||||
32 | (iii) continuously maintains an office or business | ||||||
33 | location within the State of Illinois, together with a | ||||||
34 | current listed telephone number (a post office box number | ||||||
35 | without a current listed telephone number is not | ||||||
36 | sufficient).
|
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| |||||||
1 | (4) In any general election held to elect candidates for | ||||||
2 | the offices of
a municipality of less than 3,000,000 population | ||||||
3 | that is situated in 2 or
more counties, a pollwatcher who is a | ||||||
4 | resident of Illinois shall be eligible to serve as a
| ||||||
5 | pollwatcher in any poll located within such
municipality, | ||||||
6 | provided that such pollwatcher otherwise complies with the
| ||||||
7 | respective requirements of subsections (1) through (3) of this | ||||||
8 | Section and
is a registered voter in Illinois.
| ||||||
9 | (5) Each organized group of proponents or opponents of a | ||||||
10 | ballot
proposition, which shall have registered the name and | ||||||
11 | address of its
organization or committee and the name and | ||||||
12 | address of its chairman with the
proper election authority at | ||||||
13 | least 40 days before the election, shall be
entitled to appoint | ||||||
14 | one pollwatcher per precinct. The pollwatcher
must be
| ||||||
15 | registered to vote in Illinois.
| ||||||
16 | All pollwatchers shall be required to have proper | ||||||
17 | credentials. Such
credentials shall be printed in sufficient | ||||||
18 | quantities, shall be issued
by and under the facsimile | ||||||
19 | signature(s) of the election authority and
shall be available | ||||||
20 | for distribution at least 2 weeks prior to the
election. Such | ||||||
21 | credentials shall be authorized by the real or facsimile
| ||||||
22 | signature of the State or local party official or the candidate | ||||||
23 | or the
presiding officer of the civic organization or the | ||||||
24 | chairman of the
proponent or opponent group, as the case may | ||||||
25 | be.
| ||||||
26 | Pollwatcher credentials shall be in substantially the | ||||||
27 | following form:
| ||||||
28 | POLLWATCHER CREDENTIALS
| ||||||
29 | TO THE JUDGES OF ELECTION:
| ||||||
30 | In accordance with the provisions of the Election
Code, the | ||||||
31 | undersigned hereby appoints .......... (name of pollwatcher)
| ||||||
32 | who resides at ........... (address) in the county
of | ||||||
33 | ..........., .......... (township or municipality)
of | ||||||
34 | ........... (name), State of Illinois and who is duly | ||||||
35 | registered
to vote from this address, to act as a pollwatcher |
| |||||||
| |||||||
1 | in the
........... precinct of the ........... ward (if | ||||||
2 | applicable)
of the ........... (township or municipality) of | ||||||
3 | ........... at the
........... election to be held on (insert | ||||||
4 | date).
| ||||||
5 | ........................ (Signature of Appointing Authority)
| ||||||
6 | ......................... TITLE (party official, candidate,
| ||||||
7 | civic organization president,
| ||||||
8 | proponent or opponent group chairman)
| ||||||
9 | Under penalties provided by law pursuant to Section 29-10 | ||||||
10 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
11 | that he or she resides
at ................ (address) in the | ||||||
12 | county of ............, .........
(township or municipality) | ||||||
13 | of ........... (name), State of Illinois, and is
duly | ||||||
14 | registered to vote in Illinois.
| ||||||
15 | .......................... .......................
| ||||||
16 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
17 | Which Pollwatcher Resides)
| ||||||
18 | Pollwatchers must present their credentials to the Judges | ||||||
19 | of Election
upon entering the polling place. Pollwatcher | ||||||
20 | credentials properly
executed and signed shall be proof of the | ||||||
21 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
22 | credentials are retained by the
Judges and returned to the | ||||||
23 | Election Authority at the end of the day of
election with the | ||||||
24 | other election materials. Once a pollwatcher has
surrendered a | ||||||
25 | valid credential, he may leave and reenter the polling place
| ||||||
26 | provided that such continuing action does not disrupt the | ||||||
27 | conduct of the
election. Pollwatchers may be substituted during | ||||||
28 | the course of the day, but
established political parties, | ||||||
29 | candidates and qualified civic organizations
can have only as | ||||||
30 | many pollwatchers at any given time as are authorized in
this | ||||||
31 | Article. A substitute must present his signed credential to the
| ||||||
32 | judges of election upon entering the polling place. Election | ||||||
33 | authorities
must provide a sufficient number of credentials to | ||||||
34 | allow for substitution
of pollwatchers. After the polls have |
| |||||||
| |||||||
1 | closed pollwatchers shall be allowed
to remain until the | ||||||
2 | canvass of votes is completed; but may leave and
reenter only | ||||||
3 | in cases of necessity, provided that such action is not so
| ||||||
4 | continuous as to disrupt the canvass of votes.
| ||||||
5 | Candidates seeking office in a district or municipality | ||||||
6 | encompassing 2
or more counties shall be admitted to any and | ||||||
7 | all polling places throughout
such district or municipality | ||||||
8 | without regard to the counties in which such
candidates are | ||||||
9 | registered to vote. Actions of such candidates shall be
| ||||||
10 | governed in each polling place by the same privileges and | ||||||
11 | limitations that
apply to pollwatchers as provided in this | ||||||
12 | Section. Any such candidate who
engages in an activity in a | ||||||
13 | polling place which could reasonably be
construed by a majority | ||||||
14 | of the judges of election as campaign activity
shall be removed | ||||||
15 | forthwith from such polling place.
| ||||||
16 | Candidates seeking office in a district or municipality | ||||||
17 | encompassing 2 or
more counties who desire to be admitted to | ||||||
18 | polling places on election day
in such district or municipality | ||||||
19 | shall be required to have proper
credentials. Such credentials | ||||||
20 | shall be printed in sufficient quantities,
shall be issued by | ||||||
21 | and under the facsimile signature of the
election authority of | ||||||
22 | the election jurisdiction where the polling place in
which the | ||||||
23 | candidate seeks admittance is located, and shall be available | ||||||
24 | for
distribution at least 2 weeks prior to the election. Such | ||||||
25 | credentials shall
be signed by the candidate.
| ||||||
26 | Candidate credentials shall be in substantially the | ||||||
27 | following form:
| ||||||
28 | CANDIDATE CREDENTIALS
| ||||||
29 | TO THE JUDGES OF ELECTION:
| ||||||
30 | In accordance with the provisions of the Election Code, I | ||||||
31 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
32 | for ....... (name of
office) and seek admittance to ....... | ||||||
33 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
34 | (township or municipality) of ....... at the
....... election | ||||||
35 | to be held on (insert date).
|
| |||||||
| |||||||
1 | ......................... .......................
| ||||||
2 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
3 | CANDIDATE SEEKS
| ||||||
4 | NOMINATION OR
| ||||||
5 | ELECTION
| ||||||
6 | Pollwatchers shall be permitted to observe all proceedings | ||||||
7 | and view all reasonably requested records relating
to the | ||||||
8 | conduct of the election, provided the secrecy of the ballot is | ||||||
9 | not impinged, and to station themselves in a position
in the | ||||||
10 | voting room as will enable them to observe the judges making | ||||||
11 | the
signature comparison between the voter application and the | ||||||
12 | voter
registration record card; provided, however, that such | ||||||
13 | pollwatchers
shall not be permitted to station themselves in | ||||||
14 | such close proximity to
the judges of election so as to | ||||||
15 | interfere with the orderly conduct of
the election and shall | ||||||
16 | not, in any event, be permitted to handle
election materials. | ||||||
17 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
18 | of a person offering to vote and may call to the
attention of | ||||||
19 | the judges of election any incorrect procedure or apparent
| ||||||
20 | violations of this Code.
| ||||||
21 | If a majority of the judges of election determine that the | ||||||
22 | polling
place has become too overcrowded with pollwatchers so | ||||||
23 | as to interfere
with the orderly conduct of the election, the | ||||||
24 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
25 | number, except that each
established or new political party | ||||||
26 | shall be permitted to have at least
one pollwatcher present.
| ||||||
27 | Representatives of an election authority, with regard to an | ||||||
28 | election
under its jurisdiction, the State Board of Elections, | ||||||
29 | and law
enforcement agencies, including but not limited to a | ||||||
30 | United States
Attorney, a State's attorney, the Attorney | ||||||
31 | General, and a State, county,
or local police department, in | ||||||
32 | the performance of their official
election duties, shall be | ||||||
33 | permitted at all times to enter and remain in
the polling | ||||||
34 | place. Upon entering the polling place, such
representatives | ||||||
35 | shall display their official credentials or other
|
| |||||||
| |||||||
1 | identification to the judges of election.
| ||||||
2 | Uniformed police officers assigned to polling place duty | ||||||
3 | shall follow
all lawful instructions of the judges of election.
| ||||||
4 | The provisions of this Section shall also apply to | ||||||
5 | supervised casting of
absentee ballots as provided in Section | ||||||
6 | 19-12.2 of this Act.
| ||||||
7 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
|