Full Text of HB5709 96th General Assembly
HB5709 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5709
Introduced 2/9/2010, by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/1-20 new |
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10 ILCS 5/17-9 |
from Ch. 46, par. 17-9 |
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Amends the Election Code. Requires that an otherwise valid ballot be counted, regardless of the absence of the initials of a judge of elections.
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A BILL FOR
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HB5709 |
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LRB096 18797 JAM 34182 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing Section | 5 |
| 17-9 and by adding Section 1-20 as follows: | 6 |
| (10 ILCS 5/1-20 new) | 7 |
| Sec. 1-20. Absence of judge's initials on ballot. | 8 |
| Notwithstanding any provision of this Code to the contrary, an | 9 |
| otherwise valid vote on a ballot, ballot card, or ballot sheet | 10 |
| that has not been initialed by a judge of elections is not | 11 |
| rendered invalid by the absence of those initials and shall be | 12 |
| counted as though the ballot, ballot card, or ballot sheet were | 13 |
| initialed. | 14 |
| (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
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| Sec. 17-9. Any person desiring to vote shall give his name | 16 |
| and, if
required to do so, his residence to the judges of | 17 |
| election, one of whom
shall thereupon announce the same in a | 18 |
| loud and distinct tone of voice,
clear, and audible; the judges | 19 |
| of elections shall check each application
for ballot against | 20 |
| the list of voters registered in that precinct to
whom grace | 21 |
| period, absentee,
or early
ballots have been issued for that | 22 |
| election, which shall be
provided by the election authority and |
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HB5709 |
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LRB096 18797 JAM 34182 b |
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| which list shall be available for
inspection by pollwatchers. A | 2 |
| voter applying to vote in the
precinct on election day whose | 3 |
| name appears on the list as having
been issued a grace period, | 4 |
| absentee,
or early
ballot shall not be permitted to vote in the
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| precinct, except that a voter to whom an absentee ballot was | 6 |
| issued may vote in the precinct if the voter submits to the | 7 |
| election judges that absentee ballot for cancellation. If the | 8 |
| voter is unable to submit the absentee ballot, it shall be | 9 |
| sufficient for the voter to submit to the election judges (i) a | 10 |
| portion of the absentee ballot if the absentee ballot was torn | 11 |
| or mutilated or (ii) an affidavit executed before the election | 12 |
| judges specifying that (A) the voter never received an absentee | 13 |
| ballot or (B) the voter completed and returned an absentee | 14 |
| ballot and was informed that the election authority did not | 15 |
| receive that absentee ballot. All applicable provisions of | 16 |
| Articles
4, 5 or 6 shall be complied with and if such name is | 17 |
| found on the register of
voters by the
officer having charge | 18 |
| thereof, he shall likewise repeat said name, and
the voter | 19 |
| shall be allowed to enter within the proximity of the voting
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| booths, as above provided. One of the judges shall give the | 21 |
| voter one,
and only one of each ballot to be voted at the | 22 |
| election, on the back of
which ballots such judge shall indorse | 23 |
| his initials in such manner that
they may be seen when each | 24 |
| such ballot is properly folded, and the
voter's name shall be | 25 |
| immediately checked on the register list. In those
election | 26 |
| jurisdictions where perforated ballot cards are utilized of the
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LRB096 18797 JAM 34182 b |
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| type on which write-in votes can be cast above the perforation, | 2 |
| the election
authority shall provide a space both above and | 3 |
| below the perforation for
the judge's initials, and the judge | 4 |
| shall endorse his or her initials in
both spaces. | 5 |
| Notwithstanding the provisions of this Section, the failure of | 6 |
| the judge to initial the ballot or ballot card does not alone | 7 |
| preclude the ballot or ballot card from being voted and | 8 |
| counted. Whenever
a proposal for a constitutional amendment or | 9 |
| for the calling of a
constitutional convention is to be voted | 10 |
| upon at the election, the
separate blue ballot or ballots | 11 |
| pertaining thereto shall, when being
handed to the voter, be | 12 |
| placed on top of the other ballots to be voted
at the election | 13 |
| in such manner that the legend appearing on the back
thereof, | 14 |
| as prescribed in Section 16-6 of this Act, shall be plainly
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| visible to the voter. At all elections, when a registry may be
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| required, if the name of any person so desiring to vote at such | 17 |
| election
is not found on the register of voters, he or she | 18 |
| shall not receive a ballot
until he or she shall have complied | 19 |
| with the law prescribing the manner and
conditions of voting by | 20 |
| unregistered voters. If any person desiring to
vote at any | 21 |
| election shall be challenged, he or she shall not receive a | 22 |
| ballot
until he or she shall have established his right to vote | 23 |
| in the manner provided
hereinafter; and if he or she shall be | 24 |
| challenged after he has received his
ballot, he shall not be | 25 |
| permitted to vote until he or she has fully complied
with such | 26 |
| requirements of the law upon being challenged. Besides the
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| election officer, not more than 2 voters in excess of the whole | 2 |
| number
of voting booths provided shall be allowed within the | 3 |
| proximity of the voting
booths at one
time. The provisions of | 4 |
| this Act, so far as they require the
registration of voters as | 5 |
| a condition to their being allowed to vote
shall not apply to | 6 |
| persons otherwise entitled to vote, who are, at the
time of the | 7 |
| election, or at any time within 60 days prior to such
election | 8 |
| have been engaged in the military or naval service of the
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| United States, and who appear personally at the polling place | 10 |
| on
election day and produce to the judges of election | 11 |
| satisfactory evidence
thereof, but such persons, if otherwise | 12 |
| qualified to vote, shall be
permitted to vote at such election | 13 |
| without previous registration.
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| All such persons shall also make an affidavit which shall | 15 |
| be in
substantially the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ............... Precinct .......... Ward
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| I, ...., do solemnly swear (or affirm) that I am a citizen | 21 |
| of the
United States, of the age of 18 years or over, and that | 22 |
| within the past
60 days prior to the date of this election at | 23 |
| which I am applying to
vote, I have been engaged in the .... | 24 |
| (military or naval) service of the
United States; and I am | 25 |
| qualified to vote under and by virtue of the
Constitution and | 26 |
| laws of the State of Illinois, and that I am a legally
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| qualified voter of this precinct and ward except that I have, | 2 |
| because of
such service, been unable to register as a voter; | 3 |
| that I now reside at
.... (insert street and number, if any) in | 4 |
| this precinct and ward; that I
have maintained a legal | 5 |
| residence in this precinct and ward for 30 days
and in this | 6 |
| State 30 days next preceding this election.
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| The affidavit of any such person shall be supported by the | 12 |
| affidavit
of a resident and qualified voter of any such | 13 |
| precinct and ward, which
affidavit shall be in substantially | 14 |
| the following form:
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| State of Illinois,)
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| ) ss.
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| County of ........)
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| ........... Precinct ........... Ward
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| I, ...., do solemnly swear (or affirm), that I am a | 20 |
| resident of this
precinct and ward and entitled to vote at this | 21 |
| election; that I am
acquainted with .... (name of the | 22 |
| applicant); that I verily believe him
to be an actual bona fide | 23 |
| resident of this precinct and ward and that I
verily believe | 24 |
| that he or she has maintained a legal residence therein 30 days
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| and in this State 30 days next preceding this election.
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LRB096 18797 JAM 34182 b |
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| .........................
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| Subscribed and sworn to before me on (insert date).
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| .........................
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| Judge of Election.
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| All affidavits made under the provisions of this Section | 6 |
| shall be
enclosed in a separate envelope securely sealed, and | 7 |
| shall be
transmitted with the returns of the elections to the | 8 |
| county clerk or to
the board of election commissioners, who | 9 |
| shall preserve the said
affidavits for the period of 6 months, | 10 |
| during which period such
affidavits shall be deemed public | 11 |
| records and shall be freely open to
examination as such.
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| (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
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