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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 20-1, 20-2, 20-2.1, 20-2.2, 20-4, 20-5, 20-6, 20-7, | |||||||||||||||||||||||||||||||||||||
6 | and 20-8 as follows:
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7 | (10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
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8 | Sec. 20-1. The following words and phrases contained in | |||||||||||||||||||||||||||||||||||||
9 | this Article
shall be construed as follows:
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10 | 1. "Territorial limits of the United States" means each of | |||||||||||||||||||||||||||||||||||||
11 | the several
States of the United States and includes the | |||||||||||||||||||||||||||||||||||||
12 | District of Columbia, the
Commonwealth of Puerto Rico, Guam and | |||||||||||||||||||||||||||||||||||||
13 | the Virgin Islands; but does not
include American Samoa, the | |||||||||||||||||||||||||||||||||||||
14 | Canal Zone, the Trust Territory of the Pacific
Islands or any | |||||||||||||||||||||||||||||||||||||
15 | other territory or possession of the United States.
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16 | 2. "Member of the United States Service" means (a) members | |||||||||||||||||||||||||||||||||||||
17 | of the Armed
Forces , Reserve components of the United States | |||||||||||||||||||||||||||||||||||||
18 | Armed Forces, or Illinois National Guard, while on active duty | |||||||||||||||||||||||||||||||||||||
19 | and their spouses and dependents of voting
age when residing | |||||||||||||||||||||||||||||||||||||
20 | with or accompanying them, (b) members of the Merchant
Marine | |||||||||||||||||||||||||||||||||||||
21 | of the United States and their spouses and dependents when | |||||||||||||||||||||||||||||||||||||
22 | residing
with or accompanying them and (c) United States | |||||||||||||||||||||||||||||||||||||
23 | government employees serving
outside the territorial limits of |
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| |||||||
1 | the United States.
| ||||||
2 | 3. "Citizens of the United States temporarily residing | ||||||
3 | outside the
territorial limits of the United States" means | ||||||
4 | civilian citizens of the
United States and their spouses and | ||||||
5 | dependents of voting age when residing
with or accompanying | ||||||
6 | them, who maintain a precinct residence in a county in
this | ||||||
7 | State and whose intent to return may be ascertained.
| ||||||
8 | 4. "Non-Resident Civilian Citizens" means civilian | ||||||
9 | citizens of the United
States (a) who reside outside the | ||||||
10 | territorial limits of the United States,
(b) who had maintained | ||||||
11 | a precinct residence in a county in this State
immediately | ||||||
12 | prior to their departure from the United States, (c) who do not
| ||||||
13 | maintain a residence and are not registered to vote in any | ||||||
14 | other State, and
(d) whose intent to return to this State may | ||||||
15 | be uncertain.
| ||||||
16 | 5. "Official postcard" means the postcard application for | ||||||
17 | registration
to vote or for an absentee ballot in the form | ||||||
18 | provided in Section 204(c)
of the Federal Voting Rights Act of | ||||||
19 | 1955, as amended (42 U.S.C. 1973cc-14(c)).
| ||||||
20 | 6. "Federal office" means the offices of President and | ||||||
21 | Vice-President
of the United States, United States Senator, | ||||||
22 | Representative in Congress,
delegates and alternate delegates | ||||||
23 | to the national nominating conventions
and candidates for the | ||||||
24 | Presidential Preference Primary.
| ||||||
25 | 7. "Federal election" means any general, primary or special | ||||||
26 | election at
which candidates are nominated or elected to |
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| |||||||
1 | Federal office.
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2 | 8. "Dependent", for purposes of this Article, shall mean a | ||||||
3 | father, mother,
brother, sister, son or daughter.
| ||||||
4 | (Source: P.A. 81-953.)
| ||||||
5 | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| ||||||
6 | Sec. 20-2. Any member of the United States Service, | ||||||
7 | otherwise qualified
to vote, who expects in the course of his | ||||||
8 | duties to be absent from the
county in which he resides on the | ||||||
9 | day of holding any election may make
application for an | ||||||
10 | absentee ballot to the election authority having
jurisdiction | ||||||
11 | over his precinct of residence on the official postcard or on
a | ||||||
12 | form furnished by the election authority as prescribed by | ||||||
13 | Section 20-3 of
this Article not less than 10 days before the | ||||||
14 | election. An application for an absentee ballot may be sent to | ||||||
15 | the election authority by mail, by facsimile transmission, or | ||||||
16 | by other electronic means. Each election authority shall | ||||||
17 | establish means by which to send and receive absentee ballot | ||||||
18 | request forms by facsimile transmission or by other electronic | ||||||
19 | means. A request pursuant
to this Section shall entitle the | ||||||
20 | applicant to an absentee ballot for every
election in one | ||||||
21 | calendar year. The original application for ballot shall be
| ||||||
22 | kept in the office of the election authority for one year as | ||||||
23 | authorization
to send a ballot to the voter for each election | ||||||
24 | to be held within that
calendar year. A certified copy of such | ||||||
25 | application for ballot shall be
sent each election with the |
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| |||||||
1 | absentee ballot to the election authority's central ballot | ||||||
2 | counting location to be used
in lieu of the original | ||||||
3 | application for ballot. No registration shall be
required in | ||||||
4 | order to vote pursuant to this Section.
| ||||||
5 | Ballots under this Section shall be mailed or transmitted | ||||||
6 | by facsimile or by other electronic means by the election | ||||||
7 | authority in
the manner prescribed by Section 20-5 of this | ||||||
8 | Article and not otherwise.
Ballots voted under this Section may | ||||||
9 | be returned to the election authority by mail or by facsimile | ||||||
10 | transmission and must be returned to the election authority
in | ||||||
11 | sufficient time for delivery to the election authority's | ||||||
12 | central ballot counting location before
the closing of the | ||||||
13 | polls on the day of the election. Prior to the next general | ||||||
14 | election taking place after the effective date of this | ||||||
15 | amendatory Act of the 95th General Assembly, the State Board of | ||||||
16 | Elections shall promulgate rules for sending and receiving | ||||||
17 | applications, post cards, and ballots by facsimile or by other | ||||||
18 | electronic means. Rules shall include, at a minimum, a | ||||||
19 | requirement that returned ballots must be accompanied by the | ||||||
20 | voter's signature consenting to a waiver of the voter's right | ||||||
21 | to secrecy of the ballot.
| ||||||
22 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
23 | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| ||||||
24 | Sec. 20-2.1. Citizens of the United States temporarily | ||||||
25 | residing outside
the territorial limits of the United States |
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| |||||||
1 | who are not registered but
otherwise qualified to vote and who | ||||||
2 | expect to be absent from their county
of residence during the | ||||||
3 | periods of voter registration provided for in
Articles 4, 5 or | ||||||
4 | 6 of this Code and on the day of holding any election, may
make | ||||||
5 | simultaneous application to the election authority having | ||||||
6 | jurisdiction
over their precinct of residence for an absentee | ||||||
7 | registration and absentee
ballot not less than 30 days before | ||||||
8 | the election. Such application may be
made on the official | ||||||
9 | postcard or on a form furnished by the election
authority as | ||||||
10 | prescribed by Section 20-3 of this Article and may be | ||||||
11 | transmitted to the election authority by mail or by facsimile . | ||||||
12 | A request for an application for an absentee ballot may be made | ||||||
13 | by a facsimile machine or by other electronic means. An | ||||||
14 | application A request pursuant
to this Section shall entitle | ||||||
15 | the applicant to an absentee ballot for every
election in one | ||||||
16 | calendar year. The original application for ballot shall be
| ||||||
17 | kept in the office of the election authority for one year as | ||||||
18 | authorization
to send a ballot to the voter for each election | ||||||
19 | to be held within that
calendar year. A certified copy of such | ||||||
20 | application for ballot shall be
sent each election with the | ||||||
21 | absentee ballot to the election authority's central ballot | ||||||
22 | counting location to be used
in lieu of the original | ||||||
23 | application for ballot.
| ||||||
24 | Registration shall be required in order to vote pursuant to | ||||||
25 | this Section.
However, if the election authority receives one | ||||||
26 | of such applications after
30 days but not less than 10 days |
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1 | before a Federal election, said applicant
shall be sent a | ||||||
2 | ballot containing the Federal offices only and registration
for | ||||||
3 | that election shall be waived.
| ||||||
4 | Ballots under this Section shall be mailed or transmitted | ||||||
5 | by facsimile or by other electronic means by the election | ||||||
6 | authority in
the manner prescribed by Section 20-5 of this | ||||||
7 | Article and not otherwise. Prior to the next general election | ||||||
8 | taking place after the effective date of this amendatory Act of | ||||||
9 | the 95th General Assembly, the State Board of Elections shall | ||||||
10 | promulgate rules for sending and receiving applications, post | ||||||
11 | cards, and ballots by facsimile. Rules shall include, at a | ||||||
12 | minimum, a requirement that ballots returned by facsimile must | ||||||
13 | be accompanied by the voter's signature consenting to a waiver | ||||||
14 | of the voter's right to secrecy of the ballot.
| ||||||
15 | Ballots under this Section must be returned to the election | ||||||
16 | authority in
sufficient time for delivery to the election | ||||||
17 | authority's central ballot counting location before
the | ||||||
18 | closing of the polls on the day of the election.
| ||||||
19 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
20 | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| ||||||
21 | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||||||
22 | qualified to
vote, may make application to the election | ||||||
23 | authority having jurisdiction
over his precinct of former | ||||||
24 | residence for an absentee ballot containing
the Federal offices | ||||||
25 | only not less than 10 days before a Federal election.
Such |
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1 | application may be made only on the official postcard and may | ||||||
2 | be made by facsimile or electronic transmission . A request
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3 | pursuant to this Section shall entitle the applicant to an | ||||||
4 | absentee ballot
for every election in one calendar year at | ||||||
5 | which Federal offices are
filled. The original application for | ||||||
6 | ballot shall be kept in the office of
the election authority | ||||||
7 | for one year as authorization to send a ballot to
the voter for | ||||||
8 | each election to be held within that calendar year at which
| ||||||
9 | Federal offices are filled. A certified copy of such | ||||||
10 | application for
ballot shall be sent each election with the | ||||||
11 | absentee ballot to the election authority's central ballot | ||||||
12 | counting location to be used in lieu of the original | ||||||
13 | application for ballot.
No registration shall be required in | ||||||
14 | order to vote pursuant to this Section.
Ballots under this | ||||||
15 | Section shall be mailed or transmitted by facsimile or by other | ||||||
16 | electronic means by the election authority in
the manner | ||||||
17 | prescribed by Section 20-5 of this Article and not otherwise.
| ||||||
18 | Ballots under this Section must be returned to the election | ||||||
19 | authority in
sufficient time for delivery to the election | ||||||
20 | authority's central ballot counting location before
the | ||||||
21 | closing of the polls on the day of the election. Prior to the | ||||||
22 | next general election taking place after the effective date of | ||||||
23 | this amendatory Act of the 95th General Assembly, the State | ||||||
24 | Board of Elections shall promulgate rules for sending and | ||||||
25 | receiving applications, post cards, and ballots by facsimile. | ||||||
26 | Rules shall include, at a minimum, a requirement that ballots |
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| |||||||
1 | returned by facsimile must be accompanied by the voter's | ||||||
2 | signature consenting to a waiver of the voter's right to | ||||||
3 | secrecy of the ballot.
| ||||||
4 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
5 | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| ||||||
6 | Sec. 20-4. Immediately upon the receipt of the official | ||||||
7 | postcard or
an application as provided in Section 20-3 within | ||||||
8 | the times heretofore
prescribed, the election authority shall | ||||||
9 | ascertain whether or not such
applicant is legally entitled to | ||||||
10 | vote as requested, including verification of the applicant's | ||||||
11 | signature by comparison with the signature on the official | ||||||
12 | registration record card, if any. If the election
authority | ||||||
13 | ascertains that the applicant
is lawfully entitled to vote, it | ||||||
14 | shall enter the name, street address,
ward and precinct number | ||||||
15 | of such applicant on a list to be posted in his
or its office in | ||||||
16 | a place accessible to the public.
Within one day after posting | ||||||
17 | the name and other information of an
applicant for a ballot, | ||||||
18 | the election authority shall transmit that name and
posted | ||||||
19 | information to the State Board of Elections, which shall | ||||||
20 | maintain the
names and other information in an electronic | ||||||
21 | format on its website, arranged by
county and accessible to | ||||||
22 | State and local political committees.
As soon as the
official | ||||||
23 | ballot is prepared the election authority shall immediately
| ||||||
24 | deliver the same to the applicant in person or by mail, in the | ||||||
25 | manner
prescribed in Section 20-5 , or by use of a facsimile |
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1 | machine or by other electronic transmission .
| ||||||
2 | If any such election authority receives a second or | ||||||
3 | additional
application which it believes is from the same | ||||||
4 | person, he or it shall
submit it to the chief judge of the | ||||||
5 | circuit court or any judge of that
court designated by the | ||||||
6 | chief judge. If the chief judge or his designate
determines | ||||||
7 | that the application submitted to him is a second or
additional | ||||||
8 | one, he shall so notify the election authority who shall
| ||||||
9 | disregard the second or additional application.
| ||||||
10 | The election authority shall maintain a list for each | ||||||
11 | election of the
voters to whom it has issued absentee ballots. | ||||||
12 | The list
shall be maintained for each precinct within the | ||||||
13 | jurisdiction of the
election authority. Prior to the opening of | ||||||
14 | the polls on election day,
the election authority shall deliver | ||||||
15 | to the judges of election in each
precinct the list of | ||||||
16 | registered voters in that precinct to whom absentee
ballots | ||||||
17 | have been issued.
| ||||||
18 | Election authorities may transmit by facsimile or other | ||||||
19 | electronic means a ballot simultaneously with transmitting an | ||||||
20 | application for absentee ballot; however, no such ballot shall | ||||||
21 | be counted unless an application has been completed by the | ||||||
22 | voter and the election authority ascertains that the applicant | ||||||
23 | is lawfully entitled to vote as provided in this Section. | ||||||
24 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| ||||||
25 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
|
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1 | Sec. 20-5. The election authority shall fold the ballot or | ||||||
2 | ballots in
the manner specified by the statute for folding | ||||||
3 | ballots prior to their
deposit in the ballot box and shall | ||||||
4 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
5 | it, which envelope shall bear upon the face
thereof the name, | ||||||
6 | official title and post office address of the election
| ||||||
7 | authority, and upon the other side of such envelope there shall | ||||||
8 | be
printed a certification in substantially the following form:
| ||||||
9 | "CERTIFICATION
| ||||||
10 | I state that I am a resident/former resident of the ....... | ||||||
11 | precinct of
the city/village/township of ............, | ||||||
12 | (Designation to be made by
Election Authority) or of the .... | ||||||
13 | ward in the city of ...........
(Designation to be made by | ||||||
14 | Election Authority) residing at ................
in said | ||||||
15 | city/village/township in the county of ........... and State of
| ||||||
16 | Illinois; that I am a
| ||||||
17 | 1. ( ) member of the United States Service
| ||||||
18 | 2. ( ) citizen of the United States temporarily residing | ||||||
19 | outside the
territorial limits of the United States
| ||||||
20 | 3. ( ) nonresident civilian citizen
| ||||||
21 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
22 | of The Election
Code; that I am lawfully entitled to vote in | ||||||
23 | such precinct at the ...........
election to be held on | ||||||
24 | ............
| ||||||
25 | I further state that I marked the enclosed ballot in | ||||||
26 | secret.
|
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| |||||||
1 | Under penalties as provided by law pursuant to Article 29 | ||||||
2 | of The
Election Code, the undersigned certifies that the | ||||||
3 | statements set forth
in this certification are true and | ||||||
4 | correct.
| ||||||
5 | ...............(Name)
| ||||||
6 | .....................
| ||||||
7 | (Service Address)"
| ||||||
8 | .....................
| ||||||
9 | .....................
| ||||||
10 | .....................
| ||||||
11 | If the ballot enclosed is to be voted at a primary | ||||||
12 | election, the
certification shall designate the name of the | ||||||
13 | political party with which
the voter is affiliated.
| ||||||
14 | In addition to the above, the election authority shall | ||||||
15 | provide
printed slips giving full instructions regarding the | ||||||
16 | manner of completing
the forms and affidavits for absentee | ||||||
17 | registration or the manner of marking
and returning the ballot | ||||||
18 | in order that the same may be counted, and
shall furnish one of | ||||||
19 | the printed slips to each of the applicants at the
same time | ||||||
20 | the registration materials or ballot is delivered to him.
| ||||||
21 | In addition to the above, if a ballot to be provided to an | ||||||
22 | elector
pursuant to this Section contains a public question | ||||||
23 | described in subsection
(b) of Section 28-6 and the territory | ||||||
24 | concerning which the question is
to be submitted is not | ||||||
25 | described on the ballot due to the space limitations
of such | ||||||
26 | ballot, the election authority shall provide a printed copy of
|
| |||||||
| |||||||
1 | a notice of the public question, which shall include a | ||||||
2 | description of the
territory in the manner required by Section | ||||||
3 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
4 | time the ballot
is delivered to the elector.
| ||||||
5 | The envelope in which such registration or such ballot is | ||||||
6 | mailed to the
voter as well as the envelope in which the | ||||||
7 | registration materials or the
ballot is returned by the voter | ||||||
8 | shall have
printed across the face thereof two parallel | ||||||
9 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
10 | one side of the envelope to the
other side, with an intervening | ||||||
11 | space of one-quarter inch, the top bar
to be one and | ||||||
12 | one-quarter inches from the top of the envelope, and with
the | ||||||
13 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
14 | between the
bars. In the upper right corner of such envelope in | ||||||
15 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
16 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
17 | in red, including an appropriate
inscription or blank in the | ||||||
18 | upper left corner of return address of sender.
| ||||||
19 | Election authorities transmitting ballots by facsimile | ||||||
20 | machines or electronic means shall, to the extent practicable, | ||||||
21 | provide the voter by such means with the same instructions, | ||||||
22 | certification, and other materials required when sending by | ||||||
23 | mail. Prior to the next general election taking place after the | ||||||
24 | effective date of this amendatory Act of the 95th General | ||||||
25 | Assembly, the State Board of Elections shall promulgate rules | ||||||
26 | for sending and receiving applications, post cards, and ballots |
| |||||||
| |||||||
1 | by facsimile or by other electronic means. | ||||||
2 | (Source: P.A. 84-1467.)
| ||||||
3 | (10 ILCS 5/20-6) (from Ch. 46, par. 20-6)
| ||||||
4 | Sec. 20-6. Such absent voter shall make and subscribe to | ||||||
5 | the certifications
provided for in the application and on the | ||||||
6 | return envelope for the
ballot, and such ballot or ballots | ||||||
7 | shall then be folded by such voter in
the manner required to be | ||||||
8 | folded before depositing the same in the
ballot box, and be | ||||||
9 | deposited in such envelope and the envelope securely
sealed. | ||||||
10 | Such envelope shall be mailed by such voter, to the officer
| ||||||
11 | issuing the ballot or, if more convenient, it may be delivered | ||||||
12 | in
person.
| ||||||
13 | When the election authority accepts voted ballots by | ||||||
14 | facsimile machine, the voter may complete the ballot and return | ||||||
15 | it by facsimile machine to the election authority, accompanied | ||||||
16 | by a written signature consenting to a waiver of the voter's | ||||||
17 | right to secrecy of the ballot. The election authority shall | ||||||
18 | adopt procedures to limit access to completed ballots received | ||||||
19 | by facsimile machine. | ||||||
20 | If the absent voter wishes to return by mail a marked | ||||||
21 | ballot that the voter received from the election authority by | ||||||
22 | facsimile machine, the voter may use 2 plain envelopes, marking | ||||||
23 | one as the security envelope into which the voter shall insert | ||||||
24 | the marked ballot, and marking the outside envelope as the | ||||||
25 | return envelope for mailing, or the voter may use a single |
| |||||||
| |||||||
1 | envelope, provided the voter includes a waiver of the voter's | ||||||
2 | right to secrecy of the ballot. The envelope or envelopes shall | ||||||
3 | be sent to the proper election authority with sufficient paid | ||||||
4 | postage affixed. | ||||||
5 | (Source: P.A. 81-155.)
| ||||||
6 | (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
| ||||||
7 | Sec. 20-7. Upon receipt of such absent voter's ballot, the | ||||||
8 | officer or
officers above described shall forthwith enclose the | ||||||
9 | same unopened,
together with the application made by said | ||||||
10 | absent voter in a large or
carrier envelope which shall be | ||||||
11 | securely sealed and endorsed with the
name and official title | ||||||
12 | of such officer and the words, "This envelope
contains an | ||||||
13 | absent voter's ballot and must be opened
on election day," | ||||||
14 | together with
the number and description of the precinct in | ||||||
15 | which said ballot is to be
voted, and such officer shall | ||||||
16 | thereafter safely keep the same in his
office until counted by | ||||||
17 | him as provided in the next section.
| ||||||
18 | When the election authority permits the return of voted | ||||||
19 | ballots by use of facsimile machines, the election authority | ||||||
20 | shall take the necessary steps to prepare the ballot for | ||||||
21 | counting in a manner reasonably consistent with the procedure | ||||||
22 | required in this Section. | ||||||
23 | (Source: P.A. 81-155.)
| ||||||
24 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
|
| |||||||
| |||||||
1 | Sec. 20-8. Time and place of counting ballots. | ||||||
2 | (a) (Blank.) | ||||||
3 | (b) Each absent voter's ballot returned to an election | ||||||
4 | authority, by any means authorized by this Article, and | ||||||
5 | received by that election authority before the closing of the | ||||||
6 | polls on election day shall be endorsed by the receiving | ||||||
7 | election authority with the day and hour of receipt and shall | ||||||
8 | be counted in the central ballot counting location of the | ||||||
9 | election authority on the day of the election after 7:00 p.m., | ||||||
10 | except as provided in subsections (g) and (g-5).
| ||||||
11 | (c) Each absent voter's ballot that is mailed to an | ||||||
12 | election authority and postmarked by the midnight preceding the | ||||||
13 | opening of the polls on election day, but that is received by | ||||||
14 | the election authority after the polls close on election day | ||||||
15 | and before the close of the period for counting provisional | ||||||
16 | ballots cast at that election, shall be endorsed by the | ||||||
17 | receiving authority with the day and hour of receipt and shall | ||||||
18 | be counted at the central ballot counting location of the | ||||||
19 | election authority during the period for counting provisional | ||||||
20 | ballots. | ||||||
21 | Each absent voter's ballot that is mailed to an election | ||||||
22 | authority absent a postmark, but that is received by the | ||||||
23 | election authority after the polls close on election day and | ||||||
24 | before the close of the period for counting provisional ballots | ||||||
25 | cast at that election, shall be endorsed by the receiving | ||||||
26 | authority with the day and hour of receipt, opened to inspect |
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1 | the date inserted on the certification, and, if the | ||||||
2 | certification date is a date preceding the election day and the | ||||||
3 | ballot is otherwise found to be valid under the requirements of | ||||||
4 | this Section, counted at the central ballot counting location | ||||||
5 | of the election authority during the period for counting | ||||||
6 | provisional ballots. Absent a date on the certification, the | ||||||
7 | ballot shall not be counted.
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8 | (d) Special write-in absentee voter's blank ballots | ||||||
9 | returned to an election authority, by any means authorized by | ||||||
10 | this Article, and received by the election authority at any | ||||||
11 | time before the closing of the polls on election day shall be | ||||||
12 | endorsed by the receiving election authority with the day and | ||||||
13 | hour of receipt and shall be counted at the central ballot | ||||||
14 | counting location of the election authority during the same | ||||||
15 | period provided for counting absent voters' ballots under | ||||||
16 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
17 | voter's blank ballot that are mailed to an election authority | ||||||
18 | and postmarked by midnight preceding the opening of the polls | ||||||
19 | on election day, but that are received by the election | ||||||
20 | authority after the polls close on election day and before the | ||||||
21 | closing of the period for counting provisional ballots cast at | ||||||
22 | that election, shall be endorsed by the receiving authority | ||||||
23 | with the day and hour of receipt and shall be counted at the | ||||||
24 | central ballot counting location of the election authority | ||||||
25 | during the same periods provided for counting absent voters' | ||||||
26 | ballots under subsection (c).
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1 | (e) Except as otherwise provided in this Section, absent | ||||||
2 | voters' ballots and special write-in absentee voter's blank | ||||||
3 | ballots received by the election authority after the closing of | ||||||
4 | the polls on the day of election shall be
endorsed by the | ||||||
5 | person receiving the ballots with the day and hour of
receipt | ||||||
6 | and shall be safely kept unopened by the election authority for
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7 | the period of time required for the preservation of ballots | ||||||
8 | used at the
election, and shall then, without being opened, be | ||||||
9 | destroyed in like
manner as the used ballots of that election.
| ||||||
10 | (f) Counting required under this Section to begin on | ||||||
11 | election day after the closing of the polls shall commence no | ||||||
12 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
13 | panels of election judges appointed in the manner provided
by | ||||||
14 | law. The counting shall continue until all absent voters' | ||||||
15 | ballots and special write-in absentee voter's blank ballots | ||||||
16 | required to be counted on election day have been counted. If | ||||||
17 | the election authority receives from the same voter both a | ||||||
18 | marked absent voter's ballot returned by mail and a marked | ||||||
19 | absent voter's ballot returned by facsimile machine, the | ||||||
20 | election authority shall count the ballot returned by mail. The | ||||||
21 | ballot returned by facsimile shall not be counted but shall be | ||||||
22 | marked "Rejected Duplicate FAX Ballot" and preserved with other | ||||||
23 | unopened, uncounted ballots.
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24 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
25 | Code shall apply to all ballots counted under
this Section. In | ||||||
26 | addition, within 2 days after a ballot subject to this Article |
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1 | is received, but in all cases before the close of the period | ||||||
2 | for counting provisional ballots, the election judge or | ||||||
3 | official shall compare the voter's signature on the | ||||||
4 | certification envelope of that ballot with the signature of the | ||||||
5 | voter on file in the office of the election authority. If the | ||||||
6 | election judge or official determines that the 2 signatures | ||||||
7 | match, and that the voter is otherwise qualified to cast a | ||||||
8 | ballot under this Article, the election authority shall cast | ||||||
9 | and count the ballot on election day or the day the ballot is | ||||||
10 | determined to be valid, whichever is later, adding the results | ||||||
11 | to the precinct in which the voter is registered. If the | ||||||
12 | election judge or official determines that the signatures do | ||||||
13 | not match, or that the voter is not qualified to cast a ballot | ||||||
14 | under this Article, then without opening the certification | ||||||
15 | envelope, the judge or official shall mark across the face of | ||||||
16 | the certification envelope the word "Rejected" and shall not | ||||||
17 | cast or count the ballot. | ||||||
18 | In addition to the voter's signatures not matching, a | ||||||
19 | ballot subject to this Article may be rejected by the election | ||||||
20 | judge or official: | ||||||
21 | (1) if the ballot envelope is open or has been opened | ||||||
22 | and resealed; | ||||||
23 | (2) if the voter has already cast an early or grace | ||||||
24 | period ballot; | ||||||
25 | (3) if the voter voted in person on election day or the | ||||||
26 | voter is not a duly registered voter in the precinct; or |
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1 | (4) on any other basis set forth in this Code. | ||||||
2 | If the election judge or official determines that any of | ||||||
3 | these reasons apply, the judge or official shall mark across | ||||||
4 | the face of the certification envelope the word "Rejected" and | ||||||
5 | shall not cast or count the ballot. | ||||||
6 | (g-5) If a ballot subject to this Article is rejected by | ||||||
7 | the election judge or official for any reason, the election | ||||||
8 | authority shall, within 2 days after the rejection but in all | ||||||
9 | cases before the close of the period for counting provisional | ||||||
10 | ballots, notify the voter that his or her ballot was rejected. | ||||||
11 | The notice shall inform the voter of the reason or reasons the | ||||||
12 | ballot was rejected and shall state that the voter may appear | ||||||
13 | before the election authority, on or before the 14th day after | ||||||
14 | the election, to show cause as to why the ballot should not be | ||||||
15 | rejected. The voter may present evidence to the election | ||||||
16 | authority supporting his or her contention that the ballot | ||||||
17 | should be counted. The election authority shall appoint a panel | ||||||
18 | of 3 election judges to review the contested ballot, | ||||||
19 | application, and certification envelope, as well as any | ||||||
20 | evidence submitted by the absentee voter. No more than 2 | ||||||
21 | election judges on the reviewing panel shall be of the same | ||||||
22 | political party. The reviewing panel of election judges shall | ||||||
23 | make a final determination as to the validity of the contested | ||||||
24 | ballot. The judges' determination shall not be reviewable | ||||||
25 | either administratively or judicially. | ||||||
26 | A ballot subject to this subsection that is determined to |
| |||||||
| |||||||
1 | be valid shall be counted before the close of the period for | ||||||
2 | counting provisional ballots. | ||||||
3 | (g-10) All ballots determined to be valid shall be added to | ||||||
4 | the vote totals for the precincts for which they were cast in | ||||||
5 | the order in which the ballots were opened.
| ||||||
6 | (h) Each political party,
candidate, and qualified civic | ||||||
7 | organization shall be entitled to have
present one pollwatcher | ||||||
8 | for each panel of election judges therein assigned.
| ||||||
9 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
10 | 95-699, eff. 11-9-07.)
| ||||||
11 | (10 ILCS 5/20-2.3 rep.)
| ||||||
12 | Section 10. The Election Code is amended by repealing | ||||||
13 | Section 20-2.3.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|