95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0410

 

Introduced 2/7/2007, by Sen. William E. Peterson

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/19-2.1   from Ch. 46, par. 19-2.1
10 ILCS 5/19A-15

    Amends the Election Code. Eliminates in-person absentee voting at the offices of municipal, township, and road district clerks. Extends the early voting period through the third (now, the fifth) day before an election day.


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A BILL FOR

 

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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 19-2.1 and 19A-15 as follows:
 
6     (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
7     Sec. 19-2.1. At the consolidated primary, general primary,
8 consolidated, and general elections, electors entitled to vote
9 by absentee ballot under the provisions of Section 19-1 may
10 vote in person at the office of the municipal clerk, if the
11 elector is a resident of a municipality not having a board of
12 election commissioners, or at the office of the township clerk
13 or, in counties not under township organization, at the office
14 of the road district clerk if the elector is not a resident of
15 a municipality; provided, in each case that the municipal,
16 township or road district clerk, as the case may be, is
17 authorized to conduct in-person absentee voting pursuant to
18 this Section. Absentee voting in such municipal and township
19 clerk's offices under this Section shall be conducted from the
20 22nd day through the day before the election.
21     Municipal and township clerks (or road district clerks) who
22 have regularly scheduled working hours at regularly designated
23 offices other than a place of residence and whose offices are

 

 

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1 open for business during the same hours as the office of the
2 election authority shall conduct in-person absentee voting for
3 said elections. Municipal and township clerks (or road district
4 clerks) who have no regularly scheduled working hours but who
5 have regularly designated offices other than a place of
6 residence shall conduct in-person absentee voting for said
7 elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
8 a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
9 Saturdays, but not during such hours as the office of the
10 election authority is closed, unless the clerk files a written
11 waiver with the election authority not later than July 1 of
12 each year stating that he or she is unable to conduct such
13 voting and the reasons therefor. Such clerks who conduct
14 in-person absentee voting may extend their hours for that
15 purpose to include any hours in which the election authority's
16 office is open. Municipal and township clerks (or road district
17 clerks) who have no regularly scheduled office hours and no
18 regularly designated offices other than a place of residence
19 may not conduct in-person absentee voting for said elections.
20 The election authority may devise alternative methods for
21 in-person absentee voting before said elections for those
22 precincts located within the territorial area of a municipality
23 or township (or road district) wherein the clerk of such
24 municipality or township (or road district) has waived or is
25 not entitled to conduct such voting. In addition, electors may
26 vote by absentee ballot under the provisions of Section 19-1 at

 

 

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1 the office of the election authority having jurisdiction over
2 their residence. Unless specifically authorized by the
3 election authority, municipal, township, and road district
4 clerks shall not conduct in-person absentee voting. No less
5 than 45 days before the date of an election, the election
6 authority shall notify the municipal, township, and road
7 district clerks within its jurisdiction if they are to conduct
8 in-person absentee voting. Election authorities, however, may
9 conduct in-person absentee voting in one or more designated
10 appropriate public buildings from the fourth day before the
11 election through the day before the election.
12     In conducting in-person absentee voting under this
13 Section, the respective clerks shall be required to verify the
14 signature of the absentee voter by comparison with the
15 signature on the official registration record card. The clerk
16 also shall reasonably ascertain the identity of such applicant,
17 shall verify that each such applicant is a registered voter,
18 and shall verify the precinct in which he or she is registered
19 and the proper ballots of the political subdivisions in which
20 the applicant resides and is entitled to vote, prior to
21 providing any absentee ballot to such applicant. The clerk
22 shall verify the applicant's registration and from the most
23 recent poll list provided by the county clerk, and if the
24 applicant is not listed on that poll list then by telephoning
25 the office of the county clerk.
26     Absentee voting procedures in the office of the municipal,

 

 

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1 township and road district clerks shall be subject to all of
2 the applicable provisions of this Article 19. Pollwatchers may
3 be appointed to observe in-person absentee voting procedures
4 and view all reasonably requested records relating to the
5 conduct of the election, provided the secrecy of the ballot is
6 not impinged, at the office of the municipal, township or road
7 district clerks' offices where such absentee voting is
8 conducted. Such pollwatchers shall qualify and be appointed in
9 the same manner as provided in Sections 7-34 and 17-23, except
10 each candidate, political party or organization of citizens may
11 appoint only one pollwatcher for each location where in-person
12 absentee voting is conducted. Pollwatchers must be registered
13 to vote in Illinois and possess valid pollwatcher credentials.
14 All requirements in this Article applicable to election
15 authorities shall apply to the respective local clerks, except
16 where inconsistent with this Section.
17     The sealed absentee ballots in their carrier envelope shall
18 be delivered by the respective clerks, or by the election
19 authority on behalf of a clerk if the clerk and the election
20 authority agree, to the election authority's central ballot
21 counting location before the close of the polls on the day of
22 the general primary, consolidated primary, consolidated, or
23 general election.
24     Not more than 23 days before the general and consolidated
25 elections, the county clerk shall make available to those
26 municipal, township and road district clerks conducting

 

 

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1 in-person absentee voting within such county, a sufficient
2 number of applications, absentee ballots, envelopes, and
3 printed voting instruction slips for use by absentee voters in
4 the offices of such clerks. The respective clerks shall receipt
5 for all ballots received, shall return all unused or spoiled
6 ballots to the county clerk on the day of the election and
7 shall strictly account for all ballots received.
8     The ballots delivered to the respective clerks shall
9 include absentee ballots for each precinct in the municipality,
10 township or road district, or shall include such separate
11 ballots for each political subdivision conducting an election
12 of officers or a referendum on that election day as will permit
13 any resident of the municipality, township or road district to
14 vote absentee in the office of the proper clerk.
15     The clerks of all municipalities, townships and road
16 districts may distribute applications for absentee ballot for
17 the use of voters who wish to mail such applications to the
18 appropriate election authority. Such applications for absentee
19 ballots shall be made on forms provided by the election
20 authority. Duplication of such forms by the municipal, township
21 or road district clerk is prohibited.
22 (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
23 94-1000, eff. 7-3-06.)
 
24     (10 ILCS 5/19A-15)
25     Sec. 19A-15. Period for early voting; hours.

 

 

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1     (a) The period for early voting by personal appearance
2 begins the 22nd day preceding a general primary, consolidated
3 primary, consolidated, or general election and extends through
4 the third 5th day before election day.
5     (b) A permanent polling place for early voting must remain
6 open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
7 to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
8 Saturdays, Sundays, and holidays.
9 (Source: P.A. 94-645, eff. 8-22-05.)