State of Illinois
90th General Assembly
Legislation

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90_HB2301

      10 ILCS 5/19-12.2         from Ch. 46, par. 19-12.2
          Amends the Election Code.  Provides that absentee  voting
      may be conducted on the premises of facilities that primarily
      house senior citizens.
                                                    LRB9006492MWpcA
                                              LRB9006492MWpcA
 1        AN  ACT  to  amend  the Election Code by changing Section
 2    19-12.2.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Election  Code  is amended by changing
 6    Section 19-12.2 as follows:
 7        (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
 8        Sec.   19-12.2.  Voting   by   physically   incapacitated
 9    electors.  Voting by physically  incapacitated  electors  who
10    have  made  proper  application to the election authority not
11    later than 5 days before  the  regular  primary  and  general
12    election of 1980 and before each election thereafter shall be
13    conducted on the premises of facilities licensed or certified
14    pursuant to the Nursing Home Care Act and may be conducted on
15    the  premises of other facilities that primarily house senior
16    citizens  for  the  sole  benefit  of   residents   of   such
17    facilities.   Such  voting  shall  be  conducted  during  any
18    continuous  period sufficient to allow all applicants to cast
19    their ballots between the hours of 9 a.m. and 7  p.m.  either
20    on   the  Friday,  Saturday,  Sunday  or  Monday  immediately
21    preceding the regular election. This absentee voting  on  one
22    of  said  days  designated by the election authority shall be
23    supervised by two election judges who must be selected by the
24    election authority in the following order  of  priority:  (1)
25    from  the panel of judges appointed for the precinct in which
26    such facility is located, or from a panel of judges appointed
27    for  any  other  precinct  within  the  jurisdiction  of  the
28    election authority in the same ward or township, as the  case
29    may be, in which the facility is located or, only in the case
30    where  a  judge or judges from the precinct, township or ward
31    are  unavailable  to  serve,  (3)  from  a  panel  of  judges
                            -2-               LRB9006492MWpcA
 1    appointed for any other precinct within the  jurisdiction  of
 2    the   election  authority.  The  two  judges  shall  be  from
 3    different political parties. Not less  than  30  days  before
 4    each  regular  election,  the  election  authority shall have
 5    arranged  with  the  chief  administrative  officer  of  each
 6    facility licensed or certified under the  Nursing  Home  Care
 7    Act in his or its election jurisdiction a mutually convenient
 8    time  period  on  the  Friday,  Saturday,  Sunday  or  Monday
 9    immediately  preceding  the  election  for such voting on the
10    premises of the facility .  Not less than 30 days before each
11    regular election, the election authority and shall post in  a
12    prominent  place  in his or its office a notice of the agreed
13    day and time  period  for  conducting  such  voting  at  each
14    facility  licensed  or  certified under the Nursing Home Care
15    Act and a notice of  the  agreed  day  and  time  period  for
16    conducting  such  voting at any other facility that primarily
17    houses senior citizens; provided that the election  authority
18    shall not later than noon on the Thursday before the election
19    also  post  the  names  and  addresses  of  those  facilities
20    licensed  or  certified  under the Nursing Home Care Act from
21    which  no  applications  were  received  and  in   which   no
22    supervised absentee voting will be conducted.  All provisions
23    of  this  Code applicable to pollwatchers shall be applicable
24    herein. To the maximum  extent  feasible,  voting  booths  or
25    screens shall be provided to insure the privacy of the voter.
26    Voting procedures shall be as described in Article 17 of this
27    Code,  except  that  ballots  shall  be  treated  as absentee
28    ballots and shall not be counted until the close of the polls
29    on the following day. After  the  last  voter  has  concluded
30    voting,  the judges shall seal the ballots in an envelope and
31    affix their signatures  across  the  flap  of  the  envelope.
32    Immediately  thereafter,  the  judges  shall bring the sealed
33    envelope to the office of the election  authority  who  shall
34    deliver  such  ballots  to the proper precinct polling places
                            -3-               LRB9006492MWpcA
 1    prior to the closing of the polls on  the  day  of  election.
 2    Provided,  that  the  election  authority may arrange for the
 3    judges who conduct such  voting  on  the  Monday  before  the
 4    election  to  deliver  the  sealed  envelope  directly to the
 5    proper precinct polling place on  the  day  of  election  and
 6    shall announce such procedure in the 30 day notice heretofore
 7    prescribed.   The judges of election shall also report to the
 8    election authority the name of any applicant in the  facility
 9    who,  due  to unforeseen circumstance or condition or because
10    of a religious holiday, was unable to vote.  In  this  event,
11    the  election  authority  may appoint a qualified person from
12    his or its staff to deliver the ballot to such  applicant  on
13    the day of election.  This staff person shall follow the same
14    procedures  prescribed  for judges conducting absentee voting
15    in such facilities; but shall return the ballot to the proper
16    precinct polling place before the polls  close.  However,  if
17    the facility from which the application was made is also used
18    as  a  regular  precinct polling place for that voter, voting
19    procedures heretofore prescribed may be implemented by  2  of
20    the election judges of opposite party affiliation assigned to
21    that  polling  place during the hours of voting on the day of
22    the election. Judges of election  shall  be  compensated  not
23    less  than  $25.00  for  conducting  absentee  voting in such
24    facilities.
25        Not less than 120 days before each regular election,  the
26    Department  of Public Health shall certify to the State Board
27    of Elections a list of the facilities licensed  or  certified
28    pursuant to the Nursing Home Care Act, and shall indicate the
29    approved   bed   capacity   and   the   name   of  the  chief
30    administrative officer of each such facility, and  the  State
31    Board  of Elections shall certify the same to the appropriate
32    election authority within 20 days thereafter.
33        For the purposes of this Section, "senior citizen"  means
34    the same as in Section 3.05 of the Illinois Act on the Aging.
                            -4-               LRB9006492MWpcA
 1    (Source: P.A. 86-820; 86-875; 86-1028; 87-1052.)

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