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91_SB0511
LRB9103197MWgc
1 AN ACT to amend the Election Code by changing Sections
2 19-2 and 19-4.
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 Sections 19-2 and 19-4 as follows:
7 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2)
8 Sec. 19-2. Application for absentee ballot; time. Any
9 elector as defined in Section 19-1 expecting to be absent
10 from the county of his residence or any such elector who
11 because of being appointed a judge of election in a precinct
12 other than the precinct in which he resides or who because of
13 physical incapacity or the tenets of his religion in the
14 observance of a religious holiday or who because of election
15 duties for the office of an Election Authority, the State
16 Board of Elections, or a law enforcement agency will be
17 unable to be present at the polls on the day of such election
18 may by mail, not more than 40 nor less than 7 5 days prior to
19 the date of such election, or by personal delivery not more
20 than 40 nor less than one day prior to the date of such
21 election, make application to the county clerk or to the
22 Board of Election Commissioners for an official ballot for
23 the voter's precinct to be voted at such election.
24 (Source: P.A. 84-808.)
25 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
26 Sec. 19-4. Mailing or delivery of ballots - Time.)
27 Immediately upon the receipt of such application either by
28 mail, not more than 40 days nor less than 7 5 days prior to
29 such election, or by personal delivery not more than 40 days
30 nor less than one day prior to such election, at the office
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1 of such election authority, it shall be the duty of such
2 election authority to examine the records to ascertain
3 whether or not such applicant is lawfully entitled to vote as
4 requested, and if found so to be, to post within one business
5 day thereafter the name, street address, ward and precinct
6 number or township and district number, as the case may be,
7 of such applicant given on a list, the pages of which are to
8 be numbered consecutively to be kept by such election
9 authority for such purpose in a conspicuous, open and public
10 place accessible to the public at the entrance of the office
11 of such election authority, and in such a manner that such
12 list may be viewed without necessity of requesting permission
13 therefor, and within 2 business days thereafter to mail,
14 postage prepaid, or deliver in person in such office an
15 official ballot or ballots if more than one are to be voted
16 at said election. Mail delivery of Temporarily Absent
17 Student ballot applications pursuant to Section 19-12.3 shall
18 be by nonforwardable mail. However, for the consolidated
19 election, absentee ballots for certain precincts may be
20 delivered to applicants not less than 25 days before the
21 election if so much time is required to have prepared and
22 printed the ballots containing the names of persons nominated
23 for offices at the consolidated primary. The election
24 authority shall enclose with each absentee ballot or
25 application written instructions on how voting assistance
26 shall be provided pursuant to Section 17-14 and a document,
27 written and approved by the State Board of Elections,
28 enumerating the circumstances under which a person is
29 authorized to vote by absentee ballot pursuant to this
30 Article; such document shall also include a statement
31 informing the applicant that if he or she falsifies or is
32 solicited by another to falsify his or her eligibility to
33 cast an absentee ballot, such applicant or other is subject
34 to penalties pursuant to Section 29-10 and Section 29-20 of
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1 the Election Code. Each election authority shall maintain a
2 list of the name, street address, ward and precinct, or
3 township and district number, as the case may be, of all
4 applicants who have returned absentee ballots to such
5 authority, and the name of such absent voter shall be added
6 to such list within one business day from receipt of such
7 ballot. If the absentee ballot envelope indicates that the
8 voter was assisted in casting the ballot, the name of the
9 person so assisting shall be included on the list. The list,
10 the pages of which are to be numbered consecutively, shall be
11 kept by each election authority in a conspicuous, open, and
12 public place accessible to the public at the entrance of the
13 office of the election authority and in a manner that the
14 list may be viewed without necessity of requesting permission
15 for viewing.
16 Each election authority shall maintain a list for each
17 election of the voters to whom it has issued absentee
18 ballots. The list shall be maintained for each precinct
19 within the jurisdiction of the election authority. Prior to
20 the opening of the polls on election day, the election
21 authority shall deliver to the judges of election in each
22 precinct the list of registered voters in that precinct to
23 whom absentee ballots have been issued by mail.
24 Each election authority shall maintain a list for each
25 election of voters to whom it has issued temporarily absent
26 student ballots. The list shall be maintained for each
27 election jurisdiction within which such voters temporarily
28 abide. Immediately after the close of the period during
29 which application may be made by mail for absentee ballots,
30 each election authority shall mail to each other election
31 authority within the State a certified list of all such
32 voters temporarily abiding within the jurisdiction of the
33 other election authority.
34 In the event that the return address of an application
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1 for ballot by a physically incapacitated elector is that of a
2 facility licensed or certified under the Nursing Home Care
3 Act, within the jurisdiction of the election authority, and
4 the applicant is a registered voter in the precinct in which
5 such facility is located, the ballots shall be prepared and
6 transmitted to a responsible judge of election no later than
7 9 a.m. on the Saturday, Sunday or Monday immediately
8 preceding the election as designated by the election
9 authority under Section 19-12.2. Such judge shall deliver in
10 person on the designated day the ballot to the applicant on
11 the premises of the facility from which application was made.
12 The election authority shall by mail notify the applicant in
13 such facility that the ballot will be delivered by a judge of
14 election on the designated day.
15 All applications for absentee ballots shall be available
16 at the office of the election authority for public inspection
17 upon request from the time of receipt thereof by the election
18 authority until 30 days after the election, except during the
19 time such applications are kept in the office of the election
20 authority pursuant to Section 19-7, and except during the
21 time such applications are in the possession of the judges of
22 election.
23 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)